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Privacy Policy - Updated June 3, 2019

 

This notice describes our privacy policy ("Notice"). By visiting our Web Site ("Web Site"), you are accepting the practices described in this Notice.

ARTICLE I - PRINCIPLES:

Section 1.01 -- Principles: Gathering and using information as follows:

(1) Notice: We may gather and use information as follows:

(a) Volunteered Information: We will receive and store any information you enter on the Web Site or give us in any other way that personally identifies you to improve your experience on the Web Site, to get a better general understanding of the type of individuals visiting the Web Site, and to enable us to contact you when needed. Typically you will provide information on the Web Site in order to create a FOLYOZ account, to upload Artwork, when you register on FOLYOZ or when you submit your portfolio for review to an Art Director, and if you are accepting submissions from artists, some of your information may be viewable. 

(b) Automatic Information: To enable us to provide content that users need and desire, we collect aggregated site-visitation statistics using cookies. A Cookie is simply a small data file we place on your computer's hard drive when you first visit the Web Site ("Cookie"). This file contains a unique number that helps us identify you when you return to the Web Site. Cookies are employed by thousands of web sites to enhance users' web viewing experience. Cookies can neither damage user files nor can they read information from users' hard drives. We combine all usage information provided by such Cookies and we do not monitor your use of the Web Site. Allowing us to create a Cookie on your hard drive will not give us or any other site access to the rest of your computer's hard drive, and only we will be able to read the Cookie that the Web Site creates.

(c) Information Use: We use the collected information for personal identification when processing orders as well as providing Customer Service and Customer Support. Additionally, we use the information to get a better general understanding of the type of individuals visiting the Web Site.

We will not disclose information to third parties, including selling or disclosing customer lists to commercial or charitable users thereof.

When you order services from us, we ask for your credit card number and billing address. We use this information only to bill you for the products or services you order at that time and for no other purpose, and we use secure credit card transfers that never touch our servers.

We may release any user information if required to comply with law; to enforce or to apply the Web Site Terms and Conditions; or under the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights, properties, or safety of us or our users.

Information may be shared with third parties in order to help us operate, provide, customize and support our services. The data is shared with service providers who provide website development, hosting, maintenance, backup, storage, and virtual infrastructure as well as payment processing and traffic analysis. Personal information is transferred and stored securely.

 

Choice: We give you a choice as to the type and amount of private information we have, as follows:

(a) Volunteered Information: You can always choose not to provide certain information to us. If you choose not to provide personal information, you can still use many parts of the Web Site. However, you will not be able to take advantage of many of our site features. If you have previously provided certain information to us and you desire to remove such information from our databases you may contact us at admin@folyoz.com to remove such information.

(b) Automatic Information: Most web browsers automatically accept Cookies, but if you prefer, you can edit your browser options to block Cookies in the future. The "Help" portion of the toolbar on most browsers will explain how you can prevent your browser from accepting new Cookies, how to set the browser to inform you when you receive a new Cookie, or how to reject Cookies altogether.

Access: Should you choose to create an account, we provide you with the ability to ensure that your personal information is correct and current. You may review and update your personal information by accessing your password protected profile in the Dashboard section of the site. You can request account removal; you can also request a copy of your data stored in our database by contacting admin@folyoz.com.

Security: We protect the security of your personal information; all data is stored using hosting service providers in the United States. We take steps to protect your data from loss, misuse, alteration, destruction, or unauthorized access. We use sophisticated security technologies to secure users' ordering information, user name, and password. We encrypt users' ordering information, user name, and password (including users' credit card account number) using Secure Socket Layer ("SSL") technology. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. To support this technology, users must have an SSL-capable browser. SSL is one of the safest encryption technologies available. While we use such sophisticated security technology to secure users' ordering information, user name, and password, we cannot guarantee that any electronic commerce is totally secure.

How Long We Keep the Information: This depends on the type of information stored. Account Information is retained until your account is deleted. Some of the data can be necessary to comply with legal obligations to resolve disputes and enforce our user and subscriber agreements. Marketing Information (contact via email or direct mail preferences) is stored unless you specifically ask us to delete such information. Information derived from cookies are stored for a reasonable period from the date such information was created.

Data Administrator: Data is administrated by FOLYOZ.

Section 2.01 -- User Safeguards: You are responsible for maintaining the secrecy of your user name, password, and any account information. It is important for you to be responsible and protect your user name, password, and computer against unauthorized users. It is important to sign off when you have completed using a computer accessible by others.

Section 3.01 -- Third Party Web Sites: Please be aware that the Web Site may have links to third party web sites that may collect personally identifiable information about you. When you click on one of these third party links, you are entering another web site for which we have no responsibility. This Notice does not cover the information practices or policies of such third party web sites. We encourage you to read the privacy statements of all such web sites since their privacy policies may be materially different from our Notice. Third Party Web Sites include social media sites, or any other sites that artists may enter into their profile settings.

Section 4.01 -- Agreement and Modification: By using and accessing the Web Site you indicate that you have read and understand this Notice and you consent to the collection and use of information by us in the manner explained in this Notice. This Notice and the Web Site Terms and Conditions, including without limitation, provisions covering limitations on damages, arbitration of disputes, and the application of South Carolina law govern any dispute over privacy. By using and accessing the Web Site you agree to indemnify us for any and all third party claims resulting from your breach of this Notice or the Web Site Terms and Conditions. If you have any questions or concerns about your privacy at the Web Site, please email a thorough description of the issue to admin@folyoz.com. If you do not accept this Notice, do not access and use the Web Site. We may revise this Notice at any time without notice by updating this Notice. Any modifications in the way we use personal information will be provided in future updates of this Notice so you are always aware of what information we collect, how we use it, and under what circumstances we disclose such information. Modifications will be effective immediately and will be available on the Web Site. You should visit this web page periodically to review the Notice. User accepts any such modifications to this Notice by continued use of the Web Site after such modifications are made.

 

1. Data Collection and Use.

FOLYOZ ("FOLYOZ," "we" or "our") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.folyoz.com (the "Site"). FOLYOZ makes available through the Site an online service for uploading works of art and commercially exploiting digital images of works of art (the "Services"). This Privacy Policy applies only to information that you provide to us through the Site and Services. We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You should consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service, located at https://www.folyoz.com/terms  As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization in the United States or internationally.

 

2. Data Collection and Use.

A. Information You Directly and Voluntarily Provide to Us. We may collect and store some or all of the following information you make available to us:

• In the course of using the Site and Services, you may provide us with personally identifiable information, which refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, your picture, phone number, credit card or other billing information, email address, phone number and postal address. We use your Personal Information primarily to provide and improve the Site and Services and to respond to your inquiries.

• Information you provide when you contact us for technical or customer support or with questions about your use of the Service.

• We may also request that you provide certain information, such as your zip code and personal preferences, which is typically considered "Non-Identifying Information" because it cannot, by itself, be used to contact or identify you. We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) primarily to provide and improve the Services, to complete your transactions and respond to your inquiries.

• Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But, the same items of information are considered Non-Identifying Information when they are taken alone or combined only with other non-Identifying information (for example, your age). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other FOLYOZ users to attempt to provide you with a better experience, to improve the quality and value of the Site and Services and to analyze and understand how our Site and Services are used.

• We also use your Personal Information to contact you with FOLYOZ newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or via the "Account" section of the Site. (See "Changing or Deleting Information," below.) Log Data. When you visit the Site, whether as a Member or a non-registered user just browsing (any of these, a "FOLYOZ User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, ads you click on during your use of the Site, your viewing preferences, bookmark habits and other statistics. We use this information to monitor and analyze use of the Site and for the Site's technical administration, to increase our Site's functionality and user-friendliness and to better tailor the Site to our visitors' needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve advertisements or other information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.
 
B. Information Automatically Collected from You. In addition to the information you provide to us, the Service may collect and store additional information automatically, this information may include:

• Device registration data (e.g., the type of mobile device you use, your mobile device’s unique device or advertising ID, IP address, operating system and browser type)

• Device settings (e.g., language preference)

• Mobile carrier

• Information about how you use the Service (for example, how many times you use the Service each day)

• Requested and referring URL

• Location data collected through your device (including, for example, precise location data such as GPS and WiFi information).

• Information You Publicly Post through the Service, such as descriptions, answers to questions, or biographical information, that information may be collected and used by FOLYOZ, and seen by the public generally. We strongly recommend that you do not post any information through the Service that allows strangers to identify or locate you or that you otherwise do not want to share with the public.

C. How We Use the Information We Collect from You. We may use the information you provide or that is collected through the Service to operate and improve the Service, or to contact you from time to time to provide you with information, notices and marketing promotions relating to the Service. If you wish to opt-out of receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can opt-out of receiving further marketing communications from us.

 

3. Social Media Services.

The Service may use social networking or “share functionality” or may contain links to third-party social media sites or applications that are not owned or controlled by FOLYOZ. Your use of these features may result in the collection or sharing of information about you by these sites or applications, depending on the feature. FOLYOZ has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third-party site or application. You are subject to the policies of those third parties when and where applicable. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Service. Please review your profile settings for your applicable social media site or application account, as those settings determine what information may be made available to us when you access the Service through the applicable social media site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the information that may be collected, used, and shared by those sites.

 

4. Children Under Age 13.

The Service is not intended for children under age 13. We do not knowingly collect or distribute personal information from or about children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at admin@folyoz.com.

 

5. How We Share Your Information.

We may share your personal information in the manner described below. In the case of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, we are potentially liable. We may share the information you provide or that we collect in some circumstances as follows:

A. Service Providers. We may share your information with our service providers who work on our behalf. For example, these service providers may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. These service providers will only have access to the information needed to perform these limited functions on our behalf.

B. Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties, including national security or law enforcement agencies, if: (i) required to do so by law, or if requested in response to a subpoena or court order; (ii) we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Use. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

C. Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets or any business, any user information owned or controlled by us may be one of the assets transferred to third parties in such transaction or event. We reserve the right, as part of this type of transaction or event, to transfer or assign your information and other information we have collected from users of the Service to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity or acquirer, as applicable.
 
  
6. Managing Your Information.
 
We acknowledge the right of individuals to access their personal data. You may send an e-mail to admin@folyoz.com requesting access to or correction of your personal information. Please include your registration information you provided through the Service. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account. If you’d like us to delete information that you have provided through the Service, please contact us and we will respond in a reasonable time. Please note that some or all of the information you provided may be required in order for the Service to function properly or may be automatically retained in backup storage or records retention archival storage. In addition, if you are a California resident under the age of 18 and are a registered user of the Service, you may request that we remove content or information about you that you posted on the Service by (A) submitting a request in writing to admin@folyoz.com (B) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.
 
 
7. Use of Information Outside Your Country of Residence.
 
The Service is directed to users located in the United States. If you are located outside of the United States and you choose to use the Service or provide your information to us, your information may be transferred to, processed and maintained on servers, databases or cloud storage facilities located in the United States. Your use of the Service represents your consent and agreement to these practices. If you do not want your information transferred to or processed or maintained in the United States, you should not use the Service.
 
 
8. EU-US Privacy Shield.
 
FOLYOZ complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. We have applied for certification and are in the process of verification, please visit https://www.privacyshield.gov/ for more information. If you have any inquiries or complaints regarding this policy, you should first contact us at admin@folyoz.com.
 
 
9. Security.
 
We provide industry-standard physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we take reasonable measures to limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Service. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Service and you do so at your own risk.
 
 
10. Contact Information.
 
If you have questions about this Privacy Policy, you may contact us at admin@folyoz.com. We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.