Portrait-Painting.com

Privacy Policy

Last updated: June 9th, 2022

Portrait Painting LLC inclusive of its subsidiaries, (collectively, “Portrait Painting LLC”) is dedicated to providing informative and useful information about its products and services through online, mobile, and other software and related systems and platforms, as well as any in-person, telephone, or other offline locations or through other aspects of Portrait Painting LLC’s business (collectively, the “System”), including, without limitation, on and through the website located at www.portrait-painting.com and/or other portion of the System designated by Portrait Painting LLC from time to time.  As a part of the operation of the System, Portrait Painting LLC gathers certain data about users. 

This Privacy Policy (the “Policy”) applies to the System and governs data collection and usage at, on, and through the System.  Please read this Policy carefully.  Each time you use, browse, or otherwise access any part of the System, you signify your acceptance of the then-current Policy, including, without limitation, the then current terms found elsewhere on the System.  If you do not agree with this Policy, you are not authorized to access or otherwise use the website, mobile application, or any other part of the System, or purchase any products from Portrait Painting LLC online or in-person. 

Types of Data Collected

As you navigate any part of the System, you may find that there are online forms or other locations which you can use to request information regarding a specific product or service.  In order for Portrait Painting LLC to effectively enable the System and allow access to certain content or otherwise facilitate Portrait Painting LLC’s business, Portrait Painting LLC does collect and use certain data.  Two types of data are collected: (a) personal data, such as names, company names, logos, postal addresses, e-mail addresses, telephone numbers, occupation, dates of birth, age, gender, financial information, credit card information, bank account information, product and/or service preferences, photographs, images, videos and comments that can be used to uniquely identify or contact a single person (“Personal Data”); and (b) non-personal aggregate or traffic data, such as your IP address, which web pages or portions of the System you are visiting, the order in which the areas are visited, unique device identifier, time zone, which hyperlinks or functions are being “clicked”, how many users are visiting or accessing the System, domain server, location-based or real-time geographic location information, type of computer or device, and type of web browser (“Traffic Data” and together with Personal Data, the “Collected Data”).

Collection and Usage

Personal Data is gathered when users provide or authorize Personal Data to or through the System, for example, when requesting information, participating in an online survey, inputting content into the System, verifying user credentials, purchasing products or services, allowing access to social media networks, or utilizing any other Portrait Painting LLC product or service through the System. Personal Data is also gathered about others when users share content with family, friends, or other contacts, without limitation, the name, email address, phone number, and mailing address. 

Traffic Data is tracked and gathered when you and other users visit or access the System.  While gathering Traffic Data may not collect Personal Data, it may provide information on the geographical location from which users access the System.  Traffic Data generally does not identify individual users.  Instead, the Traffic Data identifies System users as a whole, including demographic information, preferences in content and advertising, quality of service, and web and application traffic patterns. 

Portrait Painting LLC may, in Portrait Painting LLC’s sole and absolute discretion, release and disclose the Collected Data to affiliated or contracted persons, suppliers, vendors, associations, or other entities of whatsoever nature, including, without limitation, strategic alliances and advertising affiliated persons and/or entities (the “Related Parties”) or to any law enforcement agency, court, or other governmental authority to: (a) help Portrait Painting LLC respond to your requests for information, goods or services and/or otherwise fulfill a user’s lawful request; (b) respond or otherwise comply with subpoenas, court orders, or other edicts of the law or legal process; (c) protect and defend Portrait Painting LLC’s rights and property; or (d) to protect the personal safety of Portrait Painting LLC’s users, Portrait Painting LLC’s employees, or the public. 

For instance, Portrait Painting LLC may use your Personal Data to: (1) send you information about Portrait Painting LLC and its products, updates, services, important notices, special offers, and/or upcoming promotions; (2) send you information about the Related Party’s products and services; (3) conduct surveys about your opinion of Portrait Painting LLC, its staff, performance, products and services or the System; (4) verify your qualifications for certain promotions, special offers, products and services; (5) bill you for any products and services purchased through the System via a credit card, electronic, or other payment; and (6) customize, improve, and/or tailor your experience on the System by displaying content that Portrait Painting LLC thinks you might be interested in according to your preferences.   

Where appropriate, in Portrait Painting LLC’s sole and absolute discretion, Portrait Painting LLC may provide notice to you.  For example, Portrait Painting LLC believes it may be necessary to share information with or without notice in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the website terms of use, or as otherwise required by law. 

Portrait Painting LLC may, in Portrait Painting LLC’s sole and absolute discretion, release and disclose the Collected Data to any persons, associations, or other entities of whatsoever nature not affiliated with Portrait Painting LLC (the “Non-Affiliates”) for the purpose of facilitating your instructions, requests and/or registrations for products or services provided by Portrait Painting LLC or the Non-Affiliates (including, without limitation, customer support, information technology support, credit card or other electronic payment processing and personal profile services) when the transfer of such Collected Data is necessary to provide you with such products or services.  By selecting, instructing, requesting, reserving and/or registering for such products or services from Portrait Painting LLC or the Non-Affiliates on or through the System, you consent to the release of your Collected Data to the Non-Affiliates.  Portrait Painting LLC shall use reasonable efforts to provide the Non-Affiliates access only to the Personal Data necessary to assist in responding to your instructions, requests, and/or registrations for such products or services and cause such Non-Affiliates to use your Personal Data for these limited purposes.

Portrait Painting LLC may also disclose, release, transfer, sell, or otherwise convey any Collected Data to prospective or actual buyers, sellers or persons and/or entities related to such actions by Portrait Painting LLC, including, without limitation, Portrait Painting LLC may transfer information about you if Portrait Painting LLC is acquired by or merge with, or otherwise sell any portion of Portrait Painting LLC’s assets or equity to any other company. 

You consent to any and all such conveyances of the Collected Data regardless of your location and your consent includes any and all such conveyances outside of your location, including, without limitation, in the United States and in other countries and territories.

You consent that your images, photographs, videos and logos provided during or after the order process may be displayed on Portrait Painting LLC’s Site or other websites, promotional emails, catalogs and/or social media. You consent that the products created for you by Portrait Painting LLC are under the full copyright of Portrait Painting LLC and Portrait Painting LLC may uses images of these products on Portrait Painting LLC’s System, other websites, promotional emails, catalogs and social media etc.  

Your Rights:

Under certain circumstances, you have the rights under data protection laws in relation to your Personal Data.  These include the right to:

•       Request access to your Personal Data.

•       Request correction of your Personal Data.

•       Request erasure of your Personal Data.

•       Object to processing of your Personal Data.

•       Request restriction of processing your Personal Data.

•       Request transfer of your Personal Data.

•       Right to withdraw consent.

 

If you wish to exercise any of the rights set out above, please email us at admin@portrait-painting.com . We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights).  This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it.  We may also contact you to ask for further information in relation to your request to speed up our response.

California and Delaware “Do Not Track” Disclosures

California and Delaware law require Portrait Painting LLC to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. Portrait Painting LLC adheres to the standards set forth in this Policy and does not monitor or respond to Do Not Track browser requests.

Opt Out

From time to time, you may receive periodic mailings, telephone calls or e-mails from Portrait Painting LLC with news or other information on Portrait Painting LLC’s products and/or services.  If at any time you wish to stop receiving emails or mailings, please send us an email to admin@portrait-painting.com with the phrase “Privacy Opt-out: Portrait Painting LLC, Mailings” in the subject line, or write to us at Portrait Painting LLC, Attn: Privacy Officer, Opt-out Mailings, 11807 Westheimer Rd, Houston, TX 77077, USA and we will process your opt-out request.  Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most e-mail messages from Portrait Painting LLC.

If you wish to exercise rights you may have under the California Consumer Privacy Act, or other similar laws which may apply to you, to have your information opted-out of the sale of Collected Data by Portrait Painting LLC, or to request the deletion of your information from the Collected Data, please send us an email to admin@portrait-painting.com with the phrase “Privacy Opt-out: Portrait Painting LLC, Notice of Opt-Out” in the subject line, or write to us at Portrait Painting LLC, Attn: Privacy Officer, Opt-out Notice, 11807 Westheimer Rd, Houston, TX 77077, USA, and we will process your opt-out request.  In processing your request, Portrait Painting LLC reserves all obligations and rights it has to maintain your information as necessary for compliance with the laws of the jurisdictions in which it operates. 

In the event that Portrait Painting LLC wishes to transfer or release your Personal Data to a third person in a manner not set forth in this Policy, Portrait Painting LLC shall inform you prior to such transfer or release and provide you with the ability to opt out of such transfer or release of Personal Data.  Please contact Portrait Painting LLC at admin@portrait-painting.com if you have any questions as to how to opt out of any specific disclosures, or any marketing or other programs.

Cookies and Related Files

Portrait Painting LLC, through the System, may place small files, called ‘cookies’ onto your computer or electronic device, as well as related files, such as web beacons, pixel tags, or other means. Portrait Painting LLC may use such files or Internet protocol addresses for a number of reasons, such as record keeping purposes when you visit Portrait Painting LLC’s websites, identifying you as a unique user, simplifying the process of recording personal information (such as enabling users to not have to enter names, addresses or passwords repetitively), allowing Portrait Painting LLC to better understand how users use the System and help Portrait Painting LLC tailor the System or marketing message to better match needs and interests.   

You may be able to program your browser to not to accept cookies or other files, but if you do, you may be unable to access some parts of the System or some parts of the System may not work properly.

While on the System, you may receive cookies from third party advertisers or promotional entities.  These cookies are outside the control of Portrait Painting LLC, are not subject to the Policy, and Portrait Painting LLC is not responsible for such third-party cookies.

Links to Third-Party Sites

The System may contain links to other websites or media not operated or controlled by Portrait Painting LLC.  These links are provided as a convenience to the visitors of the System.  Since Portrait Painting LLC does not operate or control linked websites or media, Portrait Painting LLC cannot be responsible for the personal information collection and use policies of such linked websites or media.  Therefore, you should review the privacy policy of linked websites or media prior use to use or giving personal information.

For example, chat rooms, forums, message boards, links to third party websites or mobile applications (including social media websites and mobile applications), and/or news groups may be available through the System. While Portrait Painting LLC will only use and disclose the Collected Data as set forth herein, any information disclosed in these areas is or may be deemed public information and you must exercise caution and discretion when deciding to disclose personal and non-personal information.

Additionally, please keep in mind that if you directly disclose Personal Data or personally sensitive data through your home page, linked sites, or other public forums, this information may be collected and used by others. Portrait Painting LLC encourages all users to review the privacy statements of websites and/or mobile applications you choose to link to from the System so that you understand how those third parties collect, use and share information about you and/or your electronic devices. Portrait Painting LLC is not responsible for the data collection, data usage, privacy statements or content on other websites, applications or other solutions.

Measures to Safeguard Children

Portrait Painting LLC’s products and services are not directed or intended for the use of children or users under the age of 13. Portrait Painting LLC encourages parents and guardians to spend time with their children online and to be fully familiar with the websites and other software visited by their children. Portrait Painting LLC does not knowingly collect or maintain personal information from children under 13 years of age. If Portrait Painting LLC learns that Personal Data of a child under 13 years of age has been collected, Portrait Painting LLC will take steps to delete the information as soon as possible. If you are under 13 years of age or the proper legal age, you are not allowed to use or access the System at any time or in any manner and any such use is unauthorized. 

If you believe that a child under 13 may have provided to Portrait Painting LLC Personal Data, please contact us at admin@portrait-painting.com.

Security

Portrait Painting LLC has implemented security measures to help protect the Personal Data.  For example: (a) Portrait Painting LLC stores Personal Data on servers that are in one or more physical locations that are monitored and accessible by a limited authorized set of individuals and (b) certain Collected Data is obtained through a web form and transmitted using secure socket layer (SSL) or other secure technology as may be determined by Portrait Painting LLC from time to time. Although Portrait Painting LLC has implemented such security measures to help protect the Personal Data, the Personal Data may still be accessed, altered, disclosed and/or otherwise used in an unauthorized manner and as such, Portrait Painting LLC cannot guarantee the security of your Personal Data from unauthorized access, alteration, disclosure and/or other impermissible uses and Portrait Painting LLC is not responsible for such unauthorized access or other impermissible uses.

Changes to this Policy

Portrait Painting LLC reserves the right to change or modify this Policy, including, without limitation, to reflect company and user feedback or changes in applicable law.  Please revisit this Policy from time to time for changes and updates. If Portrait Painting LLC refuses access to you, Portrait Painting LLC may provide you with the reasons for such refusal upon request; provided, however, that Portrait Painting LLC reserves the right to refuse to give a reason for such refusal, including, without limitation, where such information contains references to other individuals, such information cannot be disclosed for legal, security or commercial reasons, or the information is subject to attorney-client or litigation privilege. Your continued use of the System constitutes your consent to any and all such changes.

Governing Law/Claims

This Policy, the System, and any claim associated with, related to, or arising from the Policy and/or System are governed by the law of the State of Nevada within the United States. Any claim associated with, relating to or arising from this Policy or the System shall be brought in a federal or state court in the County of Clark, State of Nevada within one year after the claim arises. You hereby affirm your consent to the sole and exclusive jurisdiction of the courts located in the County of Clark, State of Nevada as the most convenient and appropriate forum for the resolution of disputes concerning this Policy or System. The System is controlled, operated, and administered entirely within the United States. Use of the System from locations outside the United States where these practices are illegal or violate any law is prohibited. Especially, the use of the System from the European Union is prohibited.

System Provided “As Is” and Other Disclaimers

YOU AGREE THAT THE SYSTEM AND ALL PORTRAIT PAINTING LLC PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” PORTRAIT PAINTING LLC MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PORTRAIT PAINTING LLC SERVICES, PORTRAIT PAINTING LLC  PRODUCTS, SYSTEM, OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT PORTRAIT PAINTING LLC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING

PORTRAIT PAINTING LLC AND PORTRAIT PAINTING LLC’S REPRESENTATIVES SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO YOUR  RIGHT, TITLE AND INTEREST) WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER LEGAL THEORY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF CONTENT, INTERRUPTION OR COMPUTER FAILURE ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Information

Questions about this Policy should be directed to admin@portrait-painting.com or by writing to us at Portrait Painting LLC, Attn: Privacy Officer, 11807 Westheimer Rd, Houston, TX 77077.  Please note that email communications may not be secure.  Accordingly, you should not include personal or other sensitive information in your email correspondence to Portrait Painting LLC.