HOW WE COLLECT AND USE INFORMATION
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). Kelly Ramsdell: Art & Words only contacts individuals who specifically request that we do so or because they have signed up to receive our free newsletters or have purchased one of our products. We collect a limited amount of personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name and postal address when purchasing our products. All of this information is provided to us by you. We do not store credit card information, which passes through PayPal or SquareSpace and is not retained by us.
We collect information from you when you subscribe to the newsletter or blog or enter information on our website. Our opt-in subscription forms collect personally identifiable information that includes, but is not limited to, your email address and your first and last name.
In compliance with the European Union's General Data Protection Act (GDPR), we use the “consent lawful basis” when sending newsletters to email subscribers. We collect a narrow range of data about our subscribers, as detailed in the paragraph above.
Subscriptions are handled through an EMS (email marketing service) provider. An EMS is a third party service provider of software and/or applications that allows websites, blogs, and marketers to send out email notices or marketing campaigns to a specific list of users.
Under the GDPR your rights are as follows:
- the right to be informed;
- the right of access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to data portability;
- the right to object; and
- the right not to be subject to automated decision-making including profiling.
You can read more about your rights in detail at the Information Commissioner's Office website, www.ico.org.uk. You also have the right to complain to the ICO if you feel there is a problem with the way we are handling your data.
If we send email marketing messages, they may contain tracking beacons, tracked clickable links, and/or similar server technologies that monitor subscriber activity related to those messages. When distributed, those marketing messages may also record a range of data (e.g., times, dates, IP addresses, opens, clicks, forwards, and geographic and demographic data). Such data, within its limitations, will disclose activity for each subscriber, specific to that email campaign.
Any email marketing messages we send will strictly conform to GDPR and the Privacy and Electronic Collections Regulations that accompany and interpret it. We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences and/or the information we hold about you at any time. Marketing messages and newsletters from Kelly Ramsdell: Art & Words have always included and will continue to include instructions on how to unsubscribe or manage your preferences.
Our EMS provider is MailChimp, which holds the following information about you within its EMS system:
- Email address
- First name
- Last name
- Subscription time & date
Your Personal Data is used only to send you the email newsletters you have subscribed to. You may unsubscribe from these communications by following the unsubscribe link provided in every email or by contacting us at firstname.lastname@example.org.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer‘s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us to identify unique users, how and when they visit us, and allow us to track user trends and patterns.
We use the information we collect from you while you are using the Site to customize certain features. We also may provide your information to third parties, such as service providers and contractors, for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties all of the information collected from and about you while you are using the Site if necessary to fulfill a particular order or due to a law enforcement request. We do not sell your information to any third parties or provide to any third parties who wish to contact you for marketing purposes.
As noted earlier, please be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.
DATA COLLECTION & RETENTION PERIOD
Under the GDPR, we control and/or process any personal information about you electronically using consent as the lawful basis–meaning you have given us permission to do so. We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.
If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used, if required. We shall stop processing your personal information if the lawful basis used is no longer relevant or appropriate.
We do not sell, trade, or otherwise transfer your personal information with third parties not affiliated with Kelly Ramsdell: Art & Words or this Site. This does not include website hosting partners and other parties who assist us in operating our website or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
HOW DO WE STORE YOUR INFORMATION?
Your information is stored by MailChip, the EMS that delivers newsletters for Kelly Ramsdell: Art & Words. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive our newsletters.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. This Site and all the materials available on the Site are the property of Kelly Ramsdell: Art & Words, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or in any manner that that has not been authorized by us. Unless explicitly authorized in these Terms of Service or by Kelly Ramsdell: Art & Words, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to Kelly Ramsdell: Art & Words from their creation. As a result, Kelly Ramsdell: Art & Words shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to Kelly Ramsdell: Art & Words all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised.
You acknowledge that Kelly Ramsdell: Art & Words has the right but not the obligation to use and display any postings or contributions of any kind and that Kelly Ramsdell: Art & Words may elect to cease the use and display of any such materials (or any portion thereof) at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site or to a specific post or page on the Site so long as the link does not state or imply any sponsorship of your site by Kelly Ramsdell: Art & Words or by the Site. You may not, however, frame or inline link any of the content of the Site without our prior written permission, nor may you incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links or mention other Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, nor does it imply an endorsement or sponsorship of any information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not those of Kelly Ramsdell: Art & Words. Kelly Ramsdell: Art & Words neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of their party sites, nor on this Site, by anyone other than an authorized representative of Kelly Ramsdell: Art & Words while acting in their official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY KELLY RAMSDELL: ART & WORDS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Kelly Ramsdell: Art & Words, along with its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase different types of products and services online, usually through the use of a third-party payment processor. Your participation, correspondence or business dealings with any third party processor found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Kelly Ramsdell: Art & Words shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site may include a variety of features, such as email services, which allow feedback to us. Responsibility for what is sent via any email services on the Site lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you may provide through the Site. It is a condition of your use of the Site that you do not:
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Kelly Ramsdell: Art & Words may in the future host public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to any such public forums in the future. Kelly Ramsdell: Art & Words or its designated agents may remove or alter any user-created content at any time for any reason.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR ANY THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
We may cancel or terminate the Site at any time without notice. Similarly, we may terminate your ability or right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
This Agreement shall be binding upon and inure to the benefit of Kelly Ramsdell: Art & Words and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Kelly Ramsdell: Art & Words.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New Jersey as applied to contracts that are executed and performed entirely in New Jersey. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Gloucester County, New Jersey. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
CHANGES TO THIS POLICY