This privacy policy applies between you, the user of this website and Jillian Kosmala, the owner and provider of this website. Jillian Kosmala takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the website. Please read this privacy policy carefully.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions.
DEFINITIONS
Data: All information that you submit to Jillian Kosmala via the website.
Cookies: A small text file placed on your computer by this website, or third-party providers used by this website. Details and purposes of the Cookies used by this website are listed below.
Data Protection Laws: Any applicable law relating to the processing of personal Data.
Jillian Kosmala, J.Kosmala Art, we or us: Jillian Kosmala of Rapid City, South Dakota
User or you: Any third party that accesses the website and is not either (i) employed by Jillian Kosmala and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Jillian Kosmala and accessing the website in connection with the provision of such services.
Website: The website that you are currently using, jkosmalaart.com, and any sub-domains of this site unless expressly excluded by their own terms and conditions.
SCOPE OF THIS PRIVACY POLICY
This privacy policy applies only to the actions of Jillian Kosmala and users with respect to this website. It does not extend to any websites that can be accessed from this website including, but not limited to, any links we may provide to social media websites.
Jillian Kosmala is the “data controller”. This means that Jillian Kosmala determines the purposes for which, and the manner in which, your Data is processed.
DATA COLLECTED
We may collect the following Data, which includes personal Data, from you: Name; contact Information such as email addresses and telephone numbers and other user activity collected by Cookies; in each case, in accordance with this privacy policy.
The Data we collect is either given to us by you, or is collected automatically.
We will collect your Data in a number of ways, for example:
When you contact us through the website, by telephone, mail, email or through any other means; when you register with us and set up an account to receive our products/services; when you make payments to us, through this website or otherwise; when you elect to receive marketing communications from us; when you use our services; in each case, in accordance with this privacy policy.
DATA THAT IS COLLECTED AUTOMATICALLY
To the extent that you access the website, we will collect your Data automatically, for example:
We automatically collect some information about your visit to the website. This information helps us to make improvements to website content and navigation, and includes your IP address, the date, times and frequency with which you access the website and the way you use and interact with its content.
We will collect your Data automatically via Cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the website, see the section below, headed “Cookies”.
OUR USE OF DATA
Any or all of the above Data may be required by us, in order to provide you with the best possible service and experience when using our website. Specifically, Data may be used by us for the following reasons:
Internal record keeping; improvement of our products/services; in order to complete the delivery of purchased goods; in each case, in accordance with this privacy policy.
We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
WHO WE SHARE DATA WITH
We may share your Data with the following groups of people for the following reasons:
Third party service providers who provide services to us which require the processing of personal data – in order to improve your experience of this website
Third party payment providers who process payments made over the website – in order to fulfil transactions and purchases;
Regulatory authorities, courts, tribunals, government agencies and law enforcement agencies. While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements. We will use reasonable endeavors to notify you before we do this unless we are legally restricted from doing so; in each case, in accordance with this privacy policy.
KEEPING DATA SECURE
We will use technical and organizational measures to safeguard your Data, for example:
Access to your account is controlled by a password and a username that is unique to you.
We store your Data on secure servers.
Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your Data, please let us know immediately by contacting us via this email address: jkosmalaart@gmail.com.
DATA RETENTION
Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period necessary to fulfil the purposes outlined in this privacy policy or until you request that the Data be deleted.
Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
YOUR RIGHTS
Right to access: the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
Right to correct: the right to have your Data rectified if it is inaccurate or incomplete.
Right to erase: the right to request that we delete or remove your Data from our systems.
Right to restrict our use of your Data: the right to “block” us from using your Data or limit the way in which we can use it.
Right to data portability: the right to request that we move, copy or transfer your Data.
Right to object: the right to object to our use of your Data including where we use it for our legitimate interests.
To make enquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this email address: jkosmalaart@gmail.com
If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority.
It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA
Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. We also share information with our group companies, some of which are located outside the EEA.
We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, eg by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organisation in receipt of the Data is based in the United States of America.
To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
LINKS TO OTHER WEBSITES
This website may provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
CHANGES OF BUSINESS OWNERSHIP AND CONTROL
Jillian Kosmala has the right to expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of J. Kosmala Art. Data provided by users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
We may also disclose Data to a prospective purchaser of our business or any part of it.
In the above instances, we will take steps with the aim of ensuring your privacy is protected.
COOKIES
This website may place and access certain Cookies on your computer. Jillian Kosmala uses Cookies to improve your experience of using the website and to improve our range of products. Jillian Kosmala has taken steps to ensure that your privacy is protected and respected at all times.
You may refuse the use of cookies or withdraw your consent at any time by selecting the appropriate settings on your browser. Please note that the removal of the Google Analytics cookie may affect your use and experience of our website.
By continuing to use our website without changing your privacy settings, you are agreeing to our use of cookies.
The types of Cookies this website may place include the following.
Strictly necessary cookies: these are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical or performance cookies: they allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies: these are used to recognize you when you return to our website. This enables us to personalize our content for you, retain items placed in your cart for checkout, and remember your preferences (for example, your choice of language or region).
This website is built using Ecwid and uses other third party service providers to create the best possible user experience, including web shop facilities and PayPal as a payment provider. Please use the links listed below to see lists of Cookies used by these providers and the reasons for their use:
You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
You can choose to delete Cookies at any time; however you may lose any information that enables you to access the website more quickly and efficiently including, but not limited to, personalisation settings.
It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
GENERAL
You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement will be governed by and interpreted according to the law of the USA. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the appropriate South Dakota State court or United States Federal court.
CHANGES TO THIS PRIVACY POLICY
Jillian Kosmala reserves the right to change this privacy policy occasionally as necessary, or as may be required by law. Any changes will be immediately posted on the website and you are deemed to have accepted the terms of the privacy policy on your first use of the website following the alterations.
You may contact Sam Haines by email at jkosmalaart@gmail.com
