Free My Art Foundation, Inc.’s
Last Modified: August 3, 2021
Update Log: N/A
WHAT INFORMATION IS COLLECTED?
FMAF may collect various types of information from or about you depending on how you use the Services and its various features. You supply FMAF with various types of information, including Personal Information that you choose to disclose and FMAF also collects information automatically regarding how you use the Services, which FMAF may collect as you interact with the Services.
Information you Provide to FMAF
With respect to Personal Information, you may provide FMAF with various types of information, including, without limitation, you and your name, address, telephone number, e-mail address, transaction information, as well as billing and payment information that you voluntarily provide through the Services. This information is generally entered into fields in the registration or subscription forms and enables you to take full advantage of the Services. Should you submit any purchase information on or for the Services, the information that you supply during the process may be used to track details about those purchases or uses. FMAF may collect email addresses from you and other Users, customers, and visitors to the Services for the purpose of communication. If at any time you wish to be removed from FMAF’s email database, you can request removal by contacting FMAF at email@example.com. FMAF reserves the right to contact you via postal mail, email, or telephone for the purpose of administering your account.
FMAF may also retain the content of and metadata regarding any correspondence you may have with FMAF or its customer service representatives or other employees or contractors, regardless of the mode of communication by which such correspondence occurred. This includes, without limitation, any information contained and consented to, as described in the Terms of Service. This information helps FMAF to improve the Services and the materials, products, and services that are offered on the Services, and to more effectively and efficiently respond to both current and future inquiries.
Automatic Information Collection and Tracking
When you access and use the Services, it may use technology to automatically collect:
- Certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data, and the resources that you access and use on or through the Services.
- Information about your computer, tablet mobile phone, television, or any other device capable of accessing the Services (collectively, “Device”) and internet connection, including the Device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the Device’s telephone number, if applicable.
- Stored information and files, metadata, and other information associated with other files stored on your Device, including, without limitation, photographs, audio and video clips, personal contacts, and address book information.
- Real-time information about the location of your device for analytics.
If you do not want FMAF to collect this information, do not access the Services. FMAF also may use these technologies to collect information about your activities over time and across third-party websites, apps, or other online services.
As with many other websites and mobile applications, the web servers used to operate the Services collect certain data pertaining to you and the equipment and communication methods that you use to access the internet and the Services. Without combining this data with other sources of information, the servers do not readily identify you. They do, however, reveal such things as the Internet protocol (“IP”) address assigned to your computer, pages you accessed on the Website or immediately prior to visiting the Website, and the length of time you accessed the Services. This information is collected to, among other things, facilitate Services operation and system administration, to generate aggregate, non-identifiable statistical information, and to improve content and content delivery with regard to the Services and the materials, products, and services that FMAF makes available on and through the Services.
You may send someone else a communication from the Service, such as sending an invitation to a friend or communicating with third parties. If so, the information you provide (names, email addresses, mobile number, etc.) is used to facilitate the communication and is not used by FMAF for any other marketing purpose unless FMAF obtains consent from that person or FMAF explicitly says otherwise. Please be aware that when you use any send-to-a-friend functionality on the Services, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s). Additionally, any communication with more than one friend will be sent as a multi-media group message and may include your Personal Information or the Personal Information of each third party. If you provide FMAF with the information of another person, you must have their consent to do so.
FMAF uses “cookies” (small text files stored on your computer) to help track and customize your access and use of the Services. Cookies store and retain information that helps FMAF recognize you when you return to the Services following a previous visit. Cookies may also store any login or ID assigned to you by FMAF and the associated password, which information would be stored in encrypted form. Most popular internet browser packages allow you to configure the browser so as to not accept cookies if you so choose. However, setting your browser to reject cookies may prevent you from taking full advantage of the Services and the materials, products, and other services that FMAF makes available on or through the Services.
FMAF may also use the following:
Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see FMAF’s Use and Disclosure of your Information below.
Web Beacons. Pages of the Services and e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit FMAF to, for example, count Users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
FMAF does not attempt to collect Personal Information from children. Children under 16 years old are not the target audience for the Services. To protect their privacy, FMAF prohibits the solicitation of Personal Information from these children or the use of the Services by these children. If you are under the age of 16 (and do not otherwise qualify as an emancipated minor entitled to the same rights as an adult pursuant to applicable law), do not access the Services or submit your email address or any other Personal Information through the Services.
FMAF’S USE AND DISCLOSURE OF YOUR INFORMATION
Choices About How FMAF Uses and Discloses Your Information
FMAF strives to provide you with choices regarding the Personal Information you provide to it. It has created mechanisms to provide you with the following control over your information:
Disclosure of Your Information for Third-Party Advertising. If you do not want FMAF to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt out by sending an email stating your request to firstname.lastname@example.org.
Promotional Offers from FMAF. If you do not wish to have your email address or contact information used by FMAF to promote its own or third parties’ products or services, you can opt out by sending an email stating your request to email@example.com. If FMAF has sent you a promotional email, you may send a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to FMAF as a result of a purchase made through the Services.
Targeted Advertising. If you do not want FMAF to use information that it collects or that you provide to it to deliver advertisements according to its advertisers’ target-audience preferences, you can opt out by visiting https://ads.google.com/. Please note, FMAF does not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose to not have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative on the Network Advertising Initiative’s website.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your Personal Information by sending an email to firstname.lastname@example.org to request access to, correct, or delete any Personal Information that you have provided to FMAF. FMAF may be unable to delete your Personal Information without removing your access to and use of all or significant portions of the Services. FMAF may not accommodate a request to change information if it believes the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions (as defined in the Terms of Service), copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Users. Proper access and use of information provided on the Services, including User Contributions, is governed by the Terms of Service.
California residents may have additional Personal Information rights and choices. Please see YOUR CALIFORNIA PRIVACY RIGHTS below for more information.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California law may provide you with additional rights regarding FMAF’s use of your Personal Information under the California Consumer Privacy Act (“CCPA”). Depending on the circumstances and which Services you use, FMAF has disclosed the following categories of your Personal Information for a “business purpose” (as defined in the CCPA) in the preceding twelve (12) months: identifiers; protected characteristics; commercial information; geolocation data; internet or other electronic network activity information; financial, medical, or health insurance information; audio, electronic, visual, thermal, olfactory, or similar information; professional information; education information; and inferences drawn from any of the aforementioned information categories. For more details about the Personal Information FMAF has collected over the last 12 months, please see the WHAT INFORMATION IS COLLECTED? section above. FMAF collects this information for, among other things, the business and commercial purposes described in the HOW DOES FMAF USE THE INFORMATION IT COLLECTS? section below. FMAF shares this information with, among others, the categories of third parties described in the HOW FMAF SHARES AND DISCLOSES YOUR INFORMATION section below.
FMAF does not “Sell” (as such term is defined in the CCPA) the Personal Information it collects but may in the future. The CCPA considers some transfers of Personal Information to third parties in exchange for value as a “Sale,” even if no money changes hands, such as when online identifiers, Device IDs, and other information is shared with third-party businesses to further their own commercial purposes such as generating profiles about individuals. In the event FMAF decides to Sell your Personal Information, California residents have the right to opt-out of the Sale. Please note that FMAF can still share Personal Information with third parties if those transfers aren’t “sales,” such as with FMAF’s Service Providers (as defined in the CCPA). Additionally, FMAF may use third-party cookies for advertising purposes as further described above.
Subject to certain limitations, the CCPA permits Users of the Services that are California residents to (i) request more information regarding FMAF’s collection of specific categories or pieces of information (including how FMAF uses and discloses the information), (ii) request that FMAF delete your Personal Information (iii) request to opt out of any “sales” that may be occurring, and (iv) not be discriminated against for exercising any of these rights.
California residents may make such a request pursuant to their rights under the CCPA by sending an email to email@example.com. FMAF will verify your request using the information associated with your account, including email address. Government identification may be required. California residents may also designate an authorized agent to exercise these rights on their behalf. To learn more about your California privacy rights email firstname.lastname@example.org or visit https://www.caprivacy.org.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding FMAF’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write to FMAF at the address below.
HOW FMAF SHARES AND DISCLOSES YOUR INFORMATION
This section describes how FMAF may share and disclose your information. FMAF does not control how you or any other third party choose to share or disclose your information.
FMAF will solely share and disclose your information in accordance with your instructions and in accordance with applicable law and legal process.
Disclosure for Legal Purposes
FMAF reserves the right to disclose any personally identifiable information or other information it collects through the Services or otherwise if it is required to do so by law or if it reasonably believes that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on it; (c) protect or defend its legal rights or property or third party licensors of any material on the Services; or (d) in an emergency to protect the health or safety of the Users of the Services or the general public.
Does FMAF Disclose Information to Outside Parties?
FMAF may share your information to individuals outside of FMAF, including, without limitation, its affiliates, Service Providers, or to any third parties. Currently, FMAF does not Sell, trade, or otherwise transfer to outside parties your personally identifiable information for a referral fee, but it may do so in the future. FMAF, in its sole discretion, may also release your information when it believes release is appropriate to comply with the law, enforce Services policies, or protect FMAF’s or others’ rights, property, or safety. Additional non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
As FMAF continues to grow and develop its business, it is possible that its corporate structure might change or that it might merge or otherwise combine with, or that substantially all of its assets might be acquired by, another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be one of the transferred business assets.
HOW DOES FMAF USE THE INFORMATION IT COLLECTS?
In addition to the uses mentioned or described above, FMAF uses the information that it collects from or about you to improve the materials, products, and other services that it makes available on the Services, to notify you of changes made to the Services or new products or services made available on or through the Services, to evaluate your needs and customize content delivered through the Services to you according to those needs, to facilitate the processing of any purchases or uses you make through the Services, to send you promotional material from FMAF and its affiliates, and for other legitimate and lawful business purposes of FMAF. Other than to the extent necessary or convenient for FMAF to perform the Terms of Service, FMAF may share information collected about you with third parties, such as for certain special programs that it offers in connection with some of its business affiliates, which may involve special promotions and/or pricing, and in which you may or may not be participating. Should you register as a participant in one of those programs, FMAF will acknowledge your registration and notify its applicable business affiliates of your registration, thereby enabling you to receive the corresponding program benefits. At this time, which may be subject to change in FMAF’s sole discretion, it is FMAF’s policy not to sell lists containing Personal Information about Users, purchasers, registrants, or subscribers; however, FMAF may in the future sell lists containing Personal Information, contact information, including the name, email, and mailing address, or a combination thereof, about Users, purchasers, registrants, or subscribers. By providing your information, you are consenting to such use. You have the right to withdraw consent to marketing at any time by contacting FMAF at firstname.lastname@example.org.
HOW DOES FMAF PROTECT INFORMATION COLLECTED ABOUT YOU?
FMAF places a high value on protecting information transmitted via the Services. For this reason, FMAF uses state-of-the-art security solutions to process payments and to provide secure communication methods. FMAF’s payment services providers use industry-standard Secure Socket Layer (SSL) encryption technology to safeguard User information. Other security safeguards include, but are not limited to, third-party payment processors, data encryption, firewalls, and physical access controls to building and files. FMAF does not store payment information. FMAF takes commercially reasonable measures to secure and protect customer-specific information transmitted via the Services. However, no security system is impenetrable. FMAF CANNOT AND DOES NOT GUARANTEE AND HEREBY EXPRESSLY DISCLAIMS THAT INFORMATION USERS SUPPLY TO FMAF OR ON THE SERVICES WILL BE TOTALLY SECURE.
HOW LONG DOES FMAF KEEP YOUR PERSONAL DATA?
FMAF will only retain your personal data for as long as reasonably necessary to fulfill the purposes it collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. FMAF may retain your personal data for a longer period in the event of a complaint or if it reasonably believes there is a prospect of litigation in respect to its relationship with you. To determine the appropriate retention period for personal data, FMAF considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which it processes your personal data, and whether it can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
WHAT CHOICES DO YOU HAVE?
You may update at any time the information about you derived from information you have provided to FMAF. You may also ask FMAF at any time to remove your name from the list of Users who wish to receive electronic communications and e-mail advertisements from FMAF or its affiliates by simply sending such a request to FMAF at the addresses given below. Once you opt out, FMAF will honor your choice until you inform it otherwise. Please remember, however, that if FMAF has already shared information about you pursuant to your registration and participation in any special programs of its business affiliates (as described above), FMAF has no control over how such business affiliates may further use that information, and you will need to contact them directly in that regard.
Subject to applicable law, you also have the right to (i) restrict FMAF’s use of information that constitutes your personal data and (ii) lodge a complaint with your local data protection authority. If you are a resident of the European Economic Area and believe FMAF maintains your personal data within the scope of the General Data Protection Regulation (“GDPR”), you may direct your questions or complaints to FMAF or your local supervisory authority.
YOUR LEGAL RIGHTS
You have the right to any of the following at any time:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data FMAF holds about you and to check that it is lawfully processing it.
Request correction of the personal data that FMAF holds about you. This enables you to have any incomplete or inaccurate data FMAF holds about you corrected, though it may need to verify the accuracy of the new data you provide to it.
Request erasure of your personal data. This enables you to ask FMAF to delete or remove personal data where there is no good reason for it continuing to process it. You also have the right to ask FMAF to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where FMAF may have processed your information unlawfully, or where FMAF is required to erase your personal data to comply with local law. Note, however, that FMAF may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, within a reasonable amount of time after your request.
Object to processing of your personal data where FMAF is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where FMAF is processing your personal data for direct marketing purposes. In some cases, FMAF may demonstrate that it has compelling legitimate grounds to process your information, which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask FMAF to suspend the processing of your personal data in the following scenarios:
- If you want FMAF to establish the data’s accuracy.
- Where FMAF’s use of the data is unlawful, but you do not want FMAF to erase it.
- Where you need FMAF to hold the data even if FMAF no longer requires it as you need it to establish, exercise, or defend legal claims.
- You have objected to FMAF’s use of your data, but FMAF needs to verify whether it has overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. FMAF will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for FMAF to use or where FMAF used the information to perform a contract with you.
Withdraw consent at any time where FMAF is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, FMAF may not be able to provide certain products or services to you. FMAF will advise you if this is the case at the time you withdraw your consent.
Any request made by you will be processed within thirty (30) days of you providing notice to FMAF.
WHO CAN YOU CONTACT FOR MORE INFORMATION?
Attn: Sam Welty
Free My Art Foundation, Inc.