PRIVACY POLICY

Last Updated: February 2024

 

Arising Images LLC, d/b/a Bluebird Portraits, a Delaware limited liability company (“Arising Images,” “we,” “us,” or “our”), is committed to protecting your privacy and the privacy of other visitors to its website, http://www.bluebirdportraits.com/ (“Website”). In this Privacy Policy, we explain how we collect, use, share, and protect your Personal Information (as defined below) when you visit the Website. In this Privacy Policy, we also provide you with the necessary information so you may knowledgably consent to the collection and use of your Personal Information.

This Privacy Policy applies to Personal Information collected or processed about you, if you are a customer of ours or a user of the Website, and any other website, app, or social media page we operate that links to this Privacy Policy (collectively, the “Service”). This Privacy Policy does not apply to information collected through any other means, including on any third-party website and through any application or content (including advertising) that may link to or be accessible from the Service.

This Privacy Policy is organized as follows:

  1. Definition of Personal Information
  2. Our Use of Personal Information
  3. Types of Personal Information We Collect and Use
  4. Disclosure of Personal Information
  5. Protection of the Confidentiality of Personal Information
  6. Accessing, Updating, or Deleting Personal Information
  7. Opting Out
  8. Modifications and Updates to our Privacy Policy
  9. Children’s Privacy
  10. Other Websites and Services, Including Social Media
  11. How to Contact Us

 

  1. DEFINITION OF PERSONAL INFORMATION

“Personal Information” is information that identifies or relates to a particular individual. Examples of Personal Information include, among others, name, email address, phone number, mailing address, and online identifiers.

 

  1. OUR USE OF PERSONAL INFORMATION

We use Personal Information as follows:

  • Providing our Service to you, including allowing you to create and manage a user profile;
  • Sending information and promotional materials to you regarding our Service and products and services similar to those you have already purchased or requested on the Website;
  • Analyzing, administering, and improving the Service and related products and services through various means, including but not limited to conducting market research and surveys;
  • Processing payment information;
  • Enabling secure use of the Service;
  • Detecting and/or responding to inquiries or reports of misconduct;
  • Enforcing our Terms and Conditions;
  • Protecting our rights or our property;
  • Meeting legal obligations; and
  • For other purposes related to the reasons for which you provide Personal Information.

  1. TYPES OF PERSONAL INFORMATION WE COLLECT AND USE
  1. Name, Contact Details, and Other Personal Information. In various areas of the Website, especially when you create a user profile on the Website, you are asked to provide Personal Information such as your name, telephone number, email address, date of birth, country of residence, and mailing address. If you register for certain services, you may also be asked for your preferred method of payment, such as PayPal, direct deposit or electronic funds transfer, or credit card. In addition, if you participate in surveys or other promotions on the Website, or if you communicate with us through the contact information provided on the Website or our customer service department, you may be required to provide us with additional types of Personal Information. If you choose not to provide certain information, we may not be able to provide certain features of the Service.
  1. Job Applications. If you register to apply for an employment opportunity on the Website, you will be asked to provide Personal Information which may include your employment history, professional qualifications, expectations, desired job position and responsibilities, and availability. The Personal Information you provide for this purpose will be collected and used in accordance with this Privacy Policy published.
  1. More Sensitive Types of Personal Information. In certain areas of the Website (such as the invitation request form), there are free text fields through which you can provide us with information or requests, including various items of Personal Information. As far as these text boxes are editable without any prescriptions, you could also (by mistake or intentionally) enter more sensitive types of Personal Information than we typically collect, such as data that allows for inferences about ethnicity, political opinions, religious or philosophical beliefs, or membership in a union. The content you upload through these text boxes may also (by mistake or intentionally) contain other sensitive information about you, such as genetic data, biometric data, or health, sexual, or sexual orientation information. Please do not disclose any such sensitive Personal Information on the Website, unless you deem it absolutely necessary. Because providing such sensitive Personal Information is purely optional and not requested or required by us, please always keep in mind that we need your explicit permission to process these types of Personal Information. Therefore, we urge you to give us your explicit permission to process these types of Personal Information if you choose to divulge such Personal Information.
  1. Other People's Personal Information. As previously stated, certain areas of the Website may include free text boxes where you can post messages to us. In these communications, you may (by mistake or intentionally) provide us with Personal Information belonging to another person (i.e., another individual or organization). If you provide us with Personal Information of another person, you are deemed the independent data controller of such Personal Information, which means you will assume all of the associated legal responsibilities and responsibilities in connection with doing so including, but not limited to: (i) fully indemnifying us for any complaints, claims, or claims for damages resulting from the processing of such Personal Information, and (ii) obtaining permission from such other person before you share such other person’s Personal Information with us. If you do not obtain permission from such other person, you must otherwise ensure you have a reasonable basis for providing us with any Personal Information belonging to such other person.
  1. Browser Data. When you use our Service, the computer systems and software associated with the Website automatically collect and record information about your operating system and your IT environment such as your Internet Protocol address (“IP Address”), browser type, Uniform Resource Identifier addresses of the resources you visit, referring URLs (e.g., the sites you visited before coming to our Service), domain names associated with your internet service provider and computer, information on your interaction with the Service and related information, and your location. We use all of this information collected from our implementation of the Service to help analyze and maximize the Service’s function and content and to secure the Service by identifying potential threats and vulnerabilities.
  1. Cookies, Device Identifiers, and Similar Technologies. When you use or access the Service, we and our service providers use cookies, device identifiers, and similar technologies such as pixels, web beacons, and local storage to collect information about how you use the Service. We process the information collected through such technologies, which may include or be combined with Personal Information, to help operate certain features of the Service, to enhance your experience through personalization, and to help us better understand the features of the Service that you and other users are most interested in. Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of unique identifiers and location data. If you choose to reject cookies or block device identifiers, some features of the Service may not be available or some functionality may be limited or unavailable. Please review the help pages of your browser or mobile device for assistance with changing your settings. Some of our service providers may use cookies or other methods to gather information regarding your use of the Service, and may combine the information in these cookies with any Personal Information about you that they may have. The use of such tracking information by a third party depends on the privacy policy of that third party. We do not respond to Do Not Track (“DNT”) signals sent to us by your browser at this time. To learn more about how DNT works, please visit http://allaboutdnt.com/.
  2. DISCLOSURE OF PERSONAL INFORMATION

We will not disclose Personal Information except as set forth in this Privacy Policy or with your consent. Specifically, we do not sell Personal Information. Accordingly, we may disclose Personal Information to the following persons or organizations for the following purposes:

  1. Service Providers. We employ service providers to perform tasks on our behalf and to assist us in operating the Service or providing our products and services. For example, we engage third parties to assist us with accounting, administration, legal issues, tax matters, finance and debt collection, payment processing, infrastructure hosting, e-mail systems, technical maintenance (involving network equipment and electronic communications networks, data processing and management, and customer service. We take commercially reasonable steps to help ensure our service providers provide at least the same level of protection for Personal Information as we do.
  1. Our Affiliates. We provide your Personal Information to our affiliates in connection with the operation of our business. We take commercially reasonable steps to help ensure our affiliates provide at least the same level of protection for Personal Information as we do.
  1. Law Enforcement, Government Agencies, and Courts. We may disclose Personal Information at the request of law enforcement or government agencies or in response to subpoenas, court orders, or other legal process to establish, protect, or exercise our rights or to defend against a legal claim or as otherwise required or allowed by law, or to protect the rights, property, or safety of any other person. We may also disclose Personal Information to investigate or prevent a violation by you of any contractual or other relationship with us or your illegal or harmful activity.

  1. PROTECTION OF THE CONFIDENTIALITY OF PERSONAL INFORMATION

We protect the confidentiality and security of information we obtain in the course of business. We use commercially reasonable safeguards, such as industry-standard encryption technology, to help keep the information collected through the Service (including credit card information) secure.

Despite these efforts to store Personal Information in a secure operating environment, we cannot guarantee the security of Personal Information during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of Personal Information, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to Personal Information. We do not represent or warrant that Personal Information about you will be protected against, loss, misuse, or alteration by third parties.

 

  1. ACCESSING, UPDATING, OR DELETING PERSONAL INFORMATION

Certain personal information you provide to us can be changed at any time by accessing the user profile (if any) that you can create on the Website. If you would like to otherwise access, update, or delete Personal Information you have provided to us, you may submit a request to jennifer@bluebirdportraits.com. We will promptly review all such requests in accordance with applicable law.

 

  1. OPTING OUT

With your permission, we may send notifications, promotions, or other information via email or text message (“Communications”). In your user profile, you may choose and adjust the medium (or media) through which you receive such Communications. You may also choose to stop receiving Communications by indicating your preference in your user profile. Please note that certain Service-related Communications are necessary for the proper functioning and use of the Service (e.g., to verify the phone number associated with your user profile) and you may not have the ability to opt out of those Communications. In connection with Section 3(f) above, and depending on the technology associated with the device through which you access the Website, you may opt out of certain cookies, device identifiers, and similar technologies by changing the preferences in your user profile.

 

  1. MODIFICATIONS AND UPDATES TO OUR PRIVACY POLICY

We reserve the right to modify or update this Privacy Policy in whole or in part or to change its content based on changes in relevant legislation. Any such modifications, updates, or changes will immediately apply unless we communicate otherwise. We may notify you of material changes to this Privacy Policy as appropriate under the circumstances. We recommend you regularly consult this Privacy Policy to view the most up-to-date version so that you are always aware of how we collect and use Personal Information.

 

  1. CHILDREN’S PRIVACY

Children are expressly prohibited from using the Service. We do not knowingly collect or solicit any Personal Information from children. In the event that we learn that we have collected Personal Information from a child, we will promptly take steps to delete that information.

 

  1. OTHER WEBSITES AND SERVICES, INCLUDING SOCIAL MEDIA

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. A link to a third party’s website should not be construed as an endorsement. We encourage you to investigate and ask questions before disclosing Personal Information to any third parties.

 

  1. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please email us at jennifer@bluebirdportraits.com.