Last Updated on: February 25, 2024
By using this website as a user (hereafter “You”), You agree to the following Privacy Policy. Please read this policy carefully before using this website.
This website is owned and operated by a South Dakota company (hereafter “Our”, “We”). Our principal place of business is located in Sioux Falls, South Dakota.
Our mailing address is:
1609 W 22nd St
Sioux Falls, SD 57105
For any privacy-related questions, you can reach us at info@photosbynicolemarie.net.
General
We at Nicole Marie Photography respect Your privacy. This Privacy Policy is designed to explain how We collect, use, share, and protect the personal information You provide to us when You access Our website, purchase Our goods or services, or engage with us on social media, as well as Your own rights to the information We collect.
Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Our website, and You waive specific notice of any changes to the Policy by continuing to use and access Our site(s). We encourage You to review this Privacy Policy periodically, when You use Our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by Your continued use of Our website after the revised Privacy Policy is posted.
Information Collected
We collect a variety of information from You when You visit Our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, You are specifically consenting to Our collection of the data described below, to Our use of the data, to the processing of this data, and to Our sharing of the data with third-party processors as needed for Our legitimate business interests The information We collect may include:
Personal Data: Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number or demographic information like Your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases.
Derivative Data: Derivative data is information that Our servers automatically collect about You when You access Our website, such as Your IP address, browser type, the dates and times that You access Our website, and the specific pages You view. If You are using a mobile application, Our servers may collect information about Your device name and type, Your phone number, Your country of origin, and other interactions with Our application.
Financial Data: Financial data is data that is related to Your payment method, such as credit card or bank transfer details. We collect financial data in order to allow You to purchase, order, return or exchange products or services from Our website and any related mobile apps. We store limited financial data. Most financial data is transferred to Our payment processor and You should review these processors’ Privacy Policy to determine how they use, disclose and protect Your financial data.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want us to access this information, please go to the specific social networking site and change Your privacy settings.
Mobile Device Data: If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, You may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.
Use of Information
Your information allows us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third-party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website).
Specifically, We may use the information and data described above to:
1. Create and administer Your account; and
2. Deliver any products or services purchased by You to You; and
3. Correspond with You; and
4. Process payments or refunds; and
5. Contact You about new offerings that We think You will be interested in; and
6. Interact with You via social media; and
7. Send You a newsletter or other updates about Our company or website; and
8. Deliver targeted advertising; and
9. Request feedback from You; and
10. Notify You of updates to Our product and service offerings; and
11. Resolve disputes and troubleshoot any problems; and
12. Administer contests or giveaways; and
13. Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and
14. Compile anonymous statistical data for Our own use or for a third-party’s use; and
15. Assist law enforcement as necessary; and
16. Prevent fraudulent activity on Our website or mobile app; and
17. Analyze trends to improve Our website and offerings.
Disclosure of Information
We may share Your information with third parties in certain situations. In particular, We may share Your data with third-party processors as needed to serve Our legitimate business interests, which include administration of Our website, administration of Your account, entering into contracts with You, communicating with You, taking orders for goods or services, delivering Our goods and services, identifying trends, protecting the security of Our company and website, and marketing additional goods and services to You. The legal basis for Our disclosure of Your data is both Your Consent to this Privacy Policy and Our own right to protect and promote Our legitimate business interests.
The following are specific reasons why We may share Your information.
Third-party Processing: We may disclose Your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third-party Processing” Section below.
By Law: We may share Your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our company, including to investigate and remedy any violations of Our rights or policies. We may also disclose Your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Affiliates: We may share Your personal information with Our business affiliates who promote Our product(s) or service(s) for a commission fee. We require Our affiliates to honor this Privacy Policy. They are not allowed to spam You and must disclose they are an affiliate for us. If they do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any violation of this nature should be reported to info@photosbynicolemarie.net
Advertisers: We may use third-party advertising companies to run and manage Our ads to produce ads that appears when You visit Our Website or mobile app. These companies may use information about Your visit to Our website and other websites that are contained in web cookies (as described below) to offer You personalized advertisements about goods and services that might interest You. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Other third parties: We may share information with advertisers, Our investors, or other third-parties for the purpose of conducting general business analysis. If We do so, We will make reasonable efforts to inform You if required by law.
Sale or Bankruptcy: In the event that Our company is sold, goes out of business or enters bankruptcy, Your information may be an asset that is transferred to a third-party successor. Such a successor is not bound by Our Privacy Policy and may have its own. You will be notified in the event Our Company is sold, goes out of business or enters bankruptcy.
Interaction with others: If You interact with others on Our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of Your data, including Your name, profile picture, and Your history of interaction with Our website, such as prior comments or posts.
Online postings: When You post online, Your posts may be viewed by others, and We may distribute Your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third-parties, are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and use? different methods than We do.
Other purposes: We may disclose Your personal data as necessary to protect Your interests, or the vital interests of others or Our company.
Tracking Technologies
Cookies, Log Files and Web Beacons: Like many other websites, We makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We also use cookies – small text files sent to us by Your computer – and web beacons to store certain information. We may use cookies to authenticate Your identity, to determine if You are logged onto Our website, for personalization, for security, for targeted advertising, or for analysis of the performance of Our website and services. For example, cookies allow us to recommend blog posts to You based on what You have read on Our site in the past. We use cookies that are not specific to Your account but unique enough to allow us to analyze general trends and use, and to customize Your interaction with Our website.
Most browsers are set to accept cookies by default. In addition, when You first encounter Our website, You will be asked to “consent to cookies.” If You wish to disable cookies, You may do so through Your individual browser options. However, this may affect Your ability to use or make purchases from Our website. By continuing to use Our website and not disabling cookies on Your browser, You are consenting to Our use of cookies in accordance with the terms of this policy.
In addition, We may use third-party software to post advertisements on Our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third-party softwares may use cookies or similar tracking technology. We have no control over these third-parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Website Analytics
We may partner with third-party analytic companies, including but not limited to Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of Our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors.
Processing Your Information
In most circumstances, We do not process Your information in-house, but give it to third-party processors for processing. For example, when PayPal takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Us.
We may, from time to time, process Your data internally. Our purposes in processing this information is to administer, maintain, and improve Our website and offerings, to enter into contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and interactions, to be able to provide You with goods and services, to comply with Our legal obligations, to obtain professional advice, and to protect the rights and interests of Our company, Our customers (including You), and any third-parties. We may process the following data:
1. Data associated with Your account, such as Your name, address, email address and payment information
2. Data about Your usage of Our website, such as Your IP address, geographical information, and how long You accessed Our website and what You viewed.
3. Data related to Your personal profile, such as Your name, address, profile picture, interests and hobbies, or employment details.
4. Data that You provide us in the course of using Our services.
5. Data that You post on Our website, such as comments or responses to blogs.
6. Data that You submit to us when You make an inquiry regarding Our website or offerings.
7. Data related to Your transactions with us, including Your purchase of Our goods or services. This information may include contact details and payment information.
8. Data that You provide to us when You subscribe to Our emails or newsletters, including Your email address and contact information.
9. Data that You submit to us via correspondence, such as when You email us with questions.
10. Any other data identified in this policy, for the purpose of complying with Our legal obligations, or to protect the vital interests of You or any other natural person.
Data Retention
We retain personal data as long as it is needed to conduct Our legitimate business purposes or to comply with Our legal obligations, or until You ask us to delete Your data. For example, We will retain certain personal information indefinitely for the purposes of maintaining Your account, unless and until You delete Your account. Data that We gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that We delete Your data at any time. However, note that We cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom We’ve transmitted Your data, delete that data, You will need to contact those third-parties directly. You may request from us a list of all third parties to whom We have transmitted Your data.
Minors
This website is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact us so that We may delete that data.
Your Rights
You have certain rights with respect to Your personal data, as outlined within this Privacy Policy. We may charge You a reasonable fee for actions that You ask us to take with respect to Your data. We also reserve the right to request that You provide us with evidence of Your identity before We take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with Our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information You have provided to us. To update or delete Your information, please contact us at info@photosbynicolemarie.net.
Confirm Personal Data and Its Use: You have the right to request that We confirm what data We hold about You, and for what purposes. You also have the right to confirmation of whether We process Your data or deliver Your data to third-party processors, and for what purposes. We will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change Your consent to Our use of Your information. In such cases, We may require You to delete Your account with us, as described above, and You may not have full access to Our website.
Opt-Out of Communications: If you do not wish to receive marketing communications from Us, you can unsubscribe via the link in an email you have received.
Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that We gather and transfer Your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that We delete all data that We hold about You, and We must delete such data without undue delay. There are exceptions to this right, such as when keeping Your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of Your account with us and You may have limited or no use of Our website.
Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes.
Processing: In some circumstances You may restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, We will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or Our company. In addition, You may opt out of any processing of Your data altogether. Doing so may result in the termination of Your account and loss of access to Our website.
Complaints: You have the right to complain to a supervising authority if You believe We are misusing Your data or have violated any of Your rights under this Privacy Policy or applicable law.
Newsletter and Marketing
You may volunteer certain information to Us that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You can unsubscribe from any future communications via email, but We reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in Our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting Our business, such as through Facebook ads or other marketing campaigns.
Data Breach Procedures
We take all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information You transmit to us.
By consenting to this Privacy Policy, You acknowledge that Your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of Your data by other parties.
In the unlikely event customer data has been lost, stolen, or potentially compromised, Our policy is to alert our customers via email no later than 72 hours of Our company becoming aware of the event. We will also report such incident to any required data protection authority. We will work closely with any customers affected to determine next steps such as any end-user notifications, needed patches, and how to avoid any similar event in the future.
Privacy Policy Changes
Although most changes are likely to be minor, We may change our Privacy Policy from time to time, and at Our sole discretion.
Venue & Jurisdiction
The laws of the State of South Dakota shall govern this contract, and any resulting arbitration shall take place within United States of America, South Dakota.
Notice to California Residents
The California Privacy Protection Act and the California Business and Professions Code require that We summarize Your privacy rights. Company will provide You with the categories of personally identifiable information that is collected through this website and the categories of third-party entities with whom such personal information may be used at Your request. California law allows You to control who We can and cannot share your personal information with. To obtain any information You are entitled to under California law, please send a request by email or through contact form on this website. There is no charge to requesting this information from Company.
International Privacy and GDPR Disclaimer
This website’s servers are located within the United States. Thus, if you are visiting this website from outside the United States, you agree that you are sending information to the United States. If you are a member of the EU, Your data is protected by appropriate safeguards, namely the EU-US Privacy Shield and GDPR. By clicking submit to any opt ins on this website, You consent to the collection of your name and email and will receive communications from Company. You have the right to object to the processing of Your data at any time. Your information will not be shared with any third parties in the EU.