Privacy Policy
If you are a California resident, please refer to our California Consumer Privacy Act Notice at Collection.
We operate as an online retail store and information hub, specializing in the creation of custom handmade portraits painted from your photos, along with related products and services. We also curate, publish, and display biographical content (collectively referred to as the “Services”). Committed to protecting your privacy rights, we provide this Privacy Policy to outline our practices concerning the information we may collect or access when you use our website, https://portraithy.com/, its subdomains, or the Services (together referred to as the “Platform”), and to inform you of your rights.
This Privacy Policy, together with our Cookies Policy and, where applicable, our California Consumer Privacy Act Notice at Collection, constitutes an integral part of our Terms and Conditions of Use and should be read in conjunction with them.
For the purposes of applicable data protection laws, including the EU General Data Protection Regulation (as amended and supplemented, the “Data Protection Laws”), Portraithy Art is the “Controller” of the personal information collected through the Website.
PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY BEFORE ACCESSING AND USING OUR PLATFORM. BY ACCESSING OR USING OUR PLATFORM, YOU AGREE TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OUTLINED HERE, PLEASE REFRAIN FROM ACCESSING OR USING THE PLATFORM. PLEASE NOTE – YOU ARE NOT LEGALLY OBLIGATED TO PROVIDE US WITH ANY PERSONAL INFORMATION.
1. CATEGORIES OF INFORMATION WE COLLECT
Non-Personal Information: Non-personal information refers to data that cannot be used to identify you as an individual. This type of information may be collected automatically as you interact with our Platform or may be provided to us without identifying you personally. It generally consists of technical data and aggregated usage statistics that are not linked to any specific person. Examples include details about your operating system and browser, screen resolution, how long you use our Platform, clickstream data, keyboard type and language settings, or general geolocation data.
Personal Information: Personal information is data that can identify you as an individual or, when combined with other information we have, could potentially identify you. This includes data that may be private or sensitive in nature, related to an identified or identifiable person. Identification may also involve associating you with a persistent identifier, such as your name, an ID number, or a unique cookie identifier. It’s important to note that personal information does not include data that has been anonymized or aggregated to the point where it can no longer be used to identify a specific individual.
2. HOW WE COLLECT YOUR INFORMATION
We collect personal information from you when you use or interact with our Platform, including:
- Personal Information you provide to us when you use our Platform. We collect personal information from you and any devices (including mobile devices) you use when you: (i) use or access our Platform; (ii) register for an account with us; (iii) provide us information on a web form or other text file; (iv) update or add information to your account; or (v) through correspondence that you exchange with us from time to time. More specifically, we collect and use the following categories and types of personal information when you use our Platform:
- Contact information such as your name, email, and physical addresses, or telephone number when you complete our online form, make an order with us, register an account, or otherwise when you update your account details or communicate with us.
- Information you provide to us, whether during a transaction or other transaction-based content that you generate or that is connected to your use of the Platform, such as, without limitation, photos you upload to the Platform and unboxing videos that you share with us.
- The contents of your interaction with our customer support or sales departments, which may include text/video/audio recording and transcripts of such communications.
- Financial information (such as credit card or bank account numbers), which is processed by our third-party service providers as further detailed below and to which we generally have no access.
- Shipping, delivery, postage, billing, and other information used to transact and deliver through the Platform.
- Information you choose to provide when you complete a survey.
- Usage Data. You may also provide us with information through your use of certain tools, features, and applications that we make available to you through the Platform, such as chats or calls with support representatives, or when you otherwise communicate with us via the Platform.
- Information Mandated by Applicable Law. Information we are required or otherwise authorized to collect under applicable laws to authenticate or identify you or to verify the information we have collected from you via our Platform.
- Impression Information. Information about your impressions of, and reactions to, advertisements that appear on the Platform or other websites and applications that we or our advertising partners receive from devices (including mobile devices) and software you use when you access our Platform or such third-party websites and applications where our advertisements are served. This information may include the following: Device ID or unique identifier, device type, ID for advertising, unique device token, operating system, information regarding your clicks, views, and engagement with our advertisement and Platform, information concerning your traffic to and from the Platform, your referral URL, ad data, your IP address, your web log information, and your location information, including location information from your mobile device as can be derived from your IP address.
- Personal information collected from other sources. We may also collect personal information about you from third parties who have represented to us that they have obtained your consent for such provision of information or that you have freely and publicly provided. For example, we may receive or access photos or videos of you uploaded to our Platform or social network platforms by other users.
- Social Media. We allow you to share information with social platforms or use social platforms to connect your account with the respective social platforms. Those social platforms may give us automatic access to certain personal information retained by them about you (e.g., content viewed by you, content liked by you, and information about the advertisements you have been shown or have clicked on, etc.). You have the ability to control the personal information to which you allow access through the privacy settings on the applicable social platforms and the permissions you give us when you grant us access to your personal information that is being retained by such social platforms. If you actively communicate about us, our products, or our brands on social media, we may collect (i.e., either directly or indirectly) and use a copy of your communication for branding purposes. For example, if you post #PortraithyArt or @portraithy.com in connection with one or more of our products across social media, we reserve the right to track, retain, and use a copy of such post/tweet.
PLEASE NOTE THAT ANY INFORMATION YOU POST OR DISCLOSE USING HASHTAGS WILL BECOME PUBLIC AND MAY BE AVAILABLE TO OTHER USERS AND THE GENERAL PUBLIC.
- Information collected automatically. We collect information from and about the computers, phones, and other web-connected devices you use to access our Platform, and we may combine this information across different devices you use. For example, we use information collected about your use of our Platform on your phone to better personalize the content or features you see when you visit or use our Platform on another device or to measure whether you took action on your phone on a different device. Information we obtain from these devices includes:
- Device attributes: Information such as the operating system, type of device, browser type, language preferences.
- Device operations: Information about
- Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots), access time and date. Identifiers: unique identifiers, device IDs, and other identifiers. Network and connections: information such as the name of your mobile operator or ISP, IP address.
- Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies, please review our Cookies Policy.
We also use cookies and additional tracking technologies such as, web beacons, pixels, unique identifiers, and similar technologies which allow us to collect information about the pages and screens you view, the links you click, and other actions you take when using our Platform, within our advertising or email content, as further detailed in Section 5. For more information about our use of these technologies, and how to control them, see our Cookies Policy. If you give us personal information about someone else, you must do so only with that person’s express authorization.
The Website uses Google Analytics 4 as primary analytics tool. For more information you can see Google’s Privacy & Terms.
3. PURPOSES FOR COLLECTING AND PROCESSING YOUR INFORMATION
We gather, process, and utilize your information for the purposes outlined in this Privacy Policy, based on one or more of the following legal grounds:
- Service Provision: We collect and process your Personal Information to deliver the Services, enhance and maintain them, develop new features for our users, and tailor the Services to provide you with a more personalized experience.
- Legitimate Interests: We process your information to fulfill our legitimate interests while ensuring that your privacy is protected. These interests include detecting, preventing, and addressing fraud, abuse, security threats, usability issues, or technical problems with our Services. We also process your information to safeguard the rights, property, or safety of our properties, users, or the public as required or permitted by law; to enforce legal claims, including investigating potential violations of this Privacy Policy; and to comply with or fulfill our obligations under applicable laws, regulations, guidelines, industry standards, contractual requirements, legal processes, subpoenas, or government requests. This processing is also aligned with our Terms of Service.
- Advertising: Where permitted by applicable law, we may use your information to display or send marketing and advertising materials, as well as general and personalized content and advertisements through the Platform, email, postal mail, telephone, mobile devices, and other websites. We also track and analyze the effectiveness and relevance of such materials.
- With Your Consent: We may seek your consent to collect and process your information for specific purposes, and you have the right to withdraw this consent at any time. For example, we may ask for your permission to feature the paintings we create for you on our Website and social media platforms, or to send you marketing offers and communications.
In addition, we may access and use your information for the following internal or business purposes:
- To improve our Platform and its various functions and features, and to manage our business and advertising efforts (such as conducting advertising analytics);
- To send you updates, notifications, announcements, and additional information related to the Platform;
- To conduct surveys about our services or the user experience on our Platform;
- To manage your account and provide you with customer support and technical assistance;
- To generate cumulative statistical data and other aggregated information, which may be used to operate and enhance our Platform;
- To verify your eligibility and deliver prizes in connection with promotions and referral programs we may run from time to time;
- To manage security, and prevent, detect, mitigate, and investigate fraud, security breaches, or other potentially prohibited or illegal activities, including any breaches of this Privacy Policy or our Terms of Use;
- To comply with any applicable laws or regulations and to respond to or defend against legal proceedings involving us or our affiliates.
When we share personal information for a business purpose, we enter into a contract that specifies the purpose and requires the recipient to keep that personal information confidential and to use it only for the purposes outlined in the contract.
4. WHERE DO WE PROCESS AND STORE USER INFORMATION?
All personal information we collect from our users is securely stored in cloud environments managed by third-party providers located in the United States. This information is maintained and processed by us, as well as by our authorized affiliates and service providers, who may be located in various regions worldwide, including the United States and Ukraine. By providing your information, you explicitly consent to the storage and transfer of your data as outlined in this Privacy Policy, including transfers outside the jurisdiction where the information was initially collected.
5. SHARING YOUR INFORMATION
We may share your personal information with third parties or grant them access under the following circumstances:
- Third-Party Service Providers: We work with a variety of trusted service providers whose solutions support and enhance our services. These include providers of hosting, data and cybersecurity services, fraud detection and prevention, payment processing, shipping and delivery, website functionality, email and SMS distribution, advertising, data optimization, marketing, analytics, customer support, and other professional services (collectively referred to as “Third-Party Service Providers”). Any disclosure of or access to personal information is strictly subject to the service provider’s commitment to confidentiality and appropriate security measures. These service providers are typically classified as:
- Processors: These third parties process your personal information on our behalf, based solely on our instructions. We remain responsible for the processing of personal information conducted by these providers, except in cases beyond our reasonable control or when you have a direct contractual relationship with the provider.
- Data Controllers: Some third parties act as data controllers for certain personal information they receive from us, meaning they determine the purposes and means of processing that information. We will inform you of such third parties through our Platform or our Cookie Policy. We are not responsible or liable for the processing activities conducted by these third parties.
- Specific Third Parties: We may share your information with selected third parties, including:
- Advertisers and advertising networks that require data to select and serve relevant ads to you and others on this and other websites and platforms, including mobile apps. We may provide these third parties with aggregated information to help them reach their target audience, as well as personal identifiers such as a cookie ID. Additionally, we may use the personal information we have collected from you to comply with our advertisers’ requirements by displaying their ads to the intended audience.
- With your consent, we or our affiliated companies may share your data with third parties for direct marketing purposes.
- Analytics and search engine providers, including Google, that assist us in improving and optimizing our Website.
- Service providers who help us operate our business, manage the Website, or conduct activities on our behalf, such as sending newsletters or conducting surveys.
Please refer to our Cookies Policy and Privacy Preferences Center for information on how you can opt-in or opt-out of sharing information with certain third-party service providers. Any processing of your personal information by such third parties will be governed by your acceptance of their terms of use and privacy policies as specified on their respective platforms.
- Governmental/Law Enforcement Agencies and Legal Requirements: We may disclose or provide access to your personal information in response to a legal requirement or request, such as a subpoena, search warrant, or court order, or to comply with applicable laws and regulations. This disclosure may occur with or without notice to you if we believe in good faith that it is legally required or appropriate in connection with efforts to investigate, prevent, or take action regarding suspected illegal activity, fraud, or other wrongdoing.
- Protecting Rights and Safety: We may share your personal information with others, with or without notice to you, if we believe in good faith that such sharing will help protect the rights, property, or personal safety of our company, our users, or the public.
6. RETENTION OF YOUR INFORMATION
The duration for which we retain your personal information depends on the purposes for which it was collected and the requirements of applicable laws or regulations. We will only keep your information for as long as necessary to provide you with our Services, comply with legal obligations, or as required to protect our interests in case of any claims within the applicable statute of limitations. For instance, if you place an order through our Website, we will retain your personal information and order details for the time needed to comply with tax laws and for the period during which legal proceedings could be initiated by either party concerning your order.
7. YOUR RIGHTS
You have the ability to make decisions regarding the collection and use of your personal information. You can manage the personal information we have collected by contacting us via email at info@portraithy.com or by filling out our online form. For example, you may request to (i) access the personal information we’ve collected about you, (ii) update or correct your personal information, (iii) stop us from using your personal information to contact you, or (iv) delete the personal information we have on record for you. We are committed to responding to your request within 30 days of receiving it.
In certain situations, your ability to access or control your personal information may be limited by applicable law. If this occurs, we will inform you accordingly. The extent to which you can access or control your personal information may also depend on the specific Services you use. For instance, if you request the deletion of your personal information but have made a purchase through our Platform, we may be required to retain certain data.
We will keep your information for as long as necessary to fulfill the purposes for which it was collected, or as required to provide you with our Services. Additionally, we will retain and use your information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.
8. DIRECT MARKETING
By providing us with your email address or any other contact information (including through any form on our Website), you consent to us contacting you with information about our products and services that may be of interest to you, as well as sending you other marketing materials. If at any time you wish to withdraw your consent, you can do so by sending us a written notice via email at info@portraithy.com or by clicking the “Unsubscribe” link included in any promotional communications you receive from us.
Please note that we may also reach out to you with important information related to your use of our Services. For example, we may notify you about changes or updates to our Services, payment issues, order status, service maintenance, and more. These service-related messages are essential, and you will not have the option to opt out of receiving them.
9. MINORS
To use our Platform, you must be at least sixteen (16) years old. We do not intentionally collect personal information from individuals under the age of sixteen (16) and do not wish to do so. If you are between the ages of 16 and 18, you must review this Privacy Policy with your parent or guardian before accessing or using our Platform to ensure that both you and your parent or guardian understand and agree to its terms.
Any purchase of products through our Platform intended for a child under sixteen (16) years of age must be made by their legal guardian, without providing us with any personal information about the child.
We reserve the right to request proof of age at any point to ensure that users under sixteen (16) are complying with these terms. If we discover that we have inadvertently collected personal information from a child under sixteen (16) in violation of these terms, we will take immediate steps to prevent further access to the Platform and delete the information as soon as possible. If you believe we may have such information, please contact us at info@portraithy.com.
10. INFORMATION SECURITY
We are committed to safeguarding the security of our Platform and the personal information you provide. We implement a range of technical, organizational, and security measures to protect your data and prevent unauthorized access or misuse.
Regardless of where our users are located, we maintain all user-supplied data in secure environments managed by third-party providers who: (i) have assured us of the safeguards they have in place to protect your privacy rights, including compliance with the EU Standard Contractual Clauses where applicable; or (ii) process and store information on our behalf in jurisdictions deemed to provide an adequate level of protection by the EU Commission.
To further secure your information, we use Secure Socket Layer (SSL) technology, which creates an encrypted link between our web server and your browser, ensuring that your data remains protected and private during transmission.
However, despite our best efforts and the security measures we employ, we cannot guarantee the absolute protection and security of any personal information.
11. THIRD-PARTY LINKS AND INTERACTIONS
Our Website may include links to, or allow you to interact with, third-party websites, mobile applications, and services that are not owned or controlled by us (collectively referred to as “Third-Party Services”). We are not responsible for the privacy practices or content of these Third-Party Services. Please be aware that these Third-Party Services may collect personal information from you. We strongly recommend that you review the terms and conditions, as well as the privacy policies, of any Third-Party Services you choose to use or interact with.
12. REVISIONS TO THIS PRIVACY POLICY
We periodically review and update this Privacy Policy to reflect changes in our operations, practices, and to ensure it aligns with evolving laws, technologies, and business environments. Any updates will take effect from the date of the most recent revision, which will be noted when changes are posted online. By continuing to access or use our Services after these changes are made, you are agreeing to the updated terms. If you do not agree with the revised terms, you should discontinue use of our Services. Your personal information will always be managed according to the most current version of this Privacy Policy.
13. GET IN TOUCH
If you need to reach us or have any questions, concerns, requests, or complaints related to privacy, please feel free to contact us at:
Portraithy Art
12 S Hanover St, Baltimore, MD 21230
Baltimore, MD 21230
United States
Production Facility (Branch)
PortraithyArt
Budivelnykiv st. 20A, apt. 39A
Dnipro, Dnipropetrovsk Oblast 49000
Ukraine
Website: https://portraithy.com/
E-mail: info@portraithy.com