Privacy Policy
This Privacy Policy was created on May 25, 2018. 
Last updated: May 25, 2018

Amy Cater and Dream Tree Fine Art (“our”, “us” or “we”) respect your privacy and we are serious about protecting it. This Privacy Policy governs the privacy terms of our website, located at amycater.com and any subdomains or connected sites we control (dreamtreefineart.com and any subdomains) (“Website”),  and the products and  services (“Services”) we provide to you. This Privacy Policy is and will be treated as part of our Terms of Service, and is automatically incorporated therein. Please read the Terms of Service carefully in addition to this Policy.

This Privacy Policy’s descriptive meanings:
“You” or “Your” refers to you, the user, subscriber, customer and any other using our Website and Services, and who is the subject of personal information. 
Personal information (or “personal data”) means information about a living person who can be identified from that data (or from that and other information either in our possession or that may come into our possession).

This Privacy Policy is a legal statement that explains the types of information we may collect from you or that you may provide to us, and our practices for collecting, using, storing, protecting and disclosing that information, as well as what your information rights are and how to exercise them. This Policy applies only to the Websites and Services or tools we own and/or are in control of in connection with the collection, storage and processing of personal data, and thereby, acting as the data controller. This includes information we collect on our Website, any subdomains or connected sites we control, in emails and communications between you and our site, and through our third party email service provider, MailChimp.

This Policy does not apply to our Services offline or through any other means, including our Etsy, Spoonflower or other shops. Nor does this Policy apply to the practices of any third party content or services that we do not own or control and that may be linked to or accessed from our Website. You can reference the trusted third party Privacy Policies below to learn more about their individual privacy practices.

Please read the Privacy Policy carefully. By accessing this Website and providing your consent to our use of your personal information in accordance with the terms of this Privacy Policy, means that you have read and agreed to be bound by this Privacy Policy. If you do not agree to these terms, you must leave this Website immediately. If you wish to withdraw consent to our collection and use of your personal information, please read the “Your Privacy Rights” and “How to Contact Us” below.

Information Collection And Use
We collect personal information that you provide to us, ultimately, so that we can operate, maintain, improve and enhance our Website and Services in order to create content and products that you love. 
What Information We Collect
The two different types of information collected when you visit or use our Website are: 

Direct Collection 
This is information that can be used to contact or personally identify you, and is information that you provide to us or that we may ask you to provide based on the type of request you make while visiting our Website or Services. This type of information may include, but is not limited to your name, email address, phone number, etc. 

This is information that you manually provide to us, for example, when you fill out our contact form with questions or comments, sign up for our email newsletter, correspond with us by email and third party social media sites, report a problem, fill out a survey, or otherwise communicate with us.

Indirect Collection 
This is information that cannot identify you and is non-identifying, but provides us an idea of how users interact with and use our Website so that we may improve it. This type of information may include, but is not limited to: what time of day/week visitors come to the Website, the pages viewed, what devices are used - mobile vs desktop, how many visitors are new versus returning, how long visitors stay on the site for, etc. 

This is usage information that is automatically collected via browser text files called cookies and web beacons, which gather non-sensitive user information when you access our Website or open email newsletters. To learn more, please see our “Usage Information” section and our Cookies Policy below.

Legal Basis for Processing Personal Information
Our legal basis for collecting, using and sharing your personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it. We only process your personal information if we have a legal basis for doing so, such as if one of the following applies:

Consent 
When you have provided your affirmative consent and given us permission to do so for one or more specific purposes, such as by signing up for our mailing list, which you may revoke at any time;

Contractual Necessity 
When we need to provide our Services or perform a contractual agreement with you, such as in the near future when we use your information to fulfill and ship your order, to settle disputes, or to provide customer support;

Compliance With Legal Obligations 
When necessary to comply with the law, a legal obligation or court order, or in connection with a legal claim, such as retaining information about your purchases if required by tax law once we open our shop;

Legitimate Interests 
When necessary for the purpose of our legitimate interests and the expected behaviour of a business when not overridden by your rights or interests, such as for payment processing purposes and to follow up with emails after you’ve placed an order, etc., once we open our shop. We only use your information to provide the product and services you request and to improve our Services.

How We Use the Information We Collect
We use the collected information for various purposes while you are viewing or using our Website and Services in order to provide, maintain and improve our Website and offerings, and operate our business effectively. Following are the various ways in which we collect certain personal information from you and the manner in which we obtain it based on at least one legal basis to process it. 

Unless specified otherwise, the information we process is necessary to fulfill the requested Services. Failure to provide this information may make it difficult for us to provide some or all of our Website functioning and Services. By continuing to access our Website and providing us with the following forms of information, you allow us to process your information in accordance with this Privacy Policy. To learn more about how to exercise your rights in regards to the processing of your information, please see “Your Privacy Rights” below.

Information Directly Provided
This site collects the following information that you provide to us:

Contact & Communication Information
When you fill out our contact form and otherwise communicate with us, such as via email, you voluntarily provide us your name, email address, and a message with questions, comments or concerns. We will process this information for administrative purposes in order to provide the requested customer service and support by responding to questions and comments. (GDPR Basis: Consent and/or Contractual)

Email Newsletters Subscription Information
When you sign up for our email newsletter from opt-in areas on our Website pages, you voluntarily provide us your name and email address. We collect this information via MailChimp, who will provide analysis about which emails are opened and what links are clicked on. 

We will process this information based on your requested communications in order to keep you up to date and provide you with information about our products and services, such as new images, sales, news, and events and/or special offers (once we open our shop) which may be of interest to you. You may opt-out at any time. Please see “How to Exercise Your Rights” below. (GDPR Basis: Consent)

Information Automatically Collected
This site collects the following information automatically:

Usage Information
As you access and use our Website, we may automatically collect usage information that analyzes and provides us an idea about how users (or “visitors”) interact with and behave within our site, such as what pages are visited, for how long, what pages web traffic enters by and leaves from, if users are new visitors or returning, what device is used (mobile vs desktop), the operating system, browser type, etc. Additionally, we collect IP addresses from visitors to our Website, which identify individual computers or devices on the internet and allows us to analyze where visitors are generally coming from in the world. However, we use IP Anonymization to enforce further privacy. We do not personally identify you from this aggregate (a total or sum of all parts) usage data.

We collect this information via Google Analytics and MailChimp, which use technologies, such as cookies and web beacons (or “pixels,” “tags”), etc., that automatically gather analysis information and monitor the usage of our Website and Services, as well as to recognize you or your device so that we can improve the experience for our users. Your world location may be processed for maintenance, troubleshooting and to block disruptive or harmful use.

Cookies: Most web browsers are set to accept cookies by default. If you prefer, you are able to delete or disable browser cookies by changing your browser settings. Please note that if you choose to remove or reject cookies, this could affect the availability or functionality of our Website and Services. Please read our Cookies Policy below for more information, as well as our “Third Party Service Providers” section below. (GDPR Basis: Legitimate Interest & Consent)

Legal Information and Action
When you access and use our Website and Services, you provide us with information voluntarily and certain non-identifying usage information. We may process that information in order to detect, prevent and address technical and security issues and intellectual property infringements, including copyright infringement, as well as, fraudulent, harmful, and unauthorized illegal activity, including right of privacy violations or defamation issues related to ours and any users’ information posted on our Website.

We may also process any personal information we have on you when required to reveal personal data upon request of public authorities, such as by a court order, legal obligation, or court proceeding. We may also contact you via your email address or other information for legal purposes, such as to meet contract and legal obligations. Your personal information may be used for legal purposes in court or in the stages leading to possible legal action arising from improper use of this Website or the related Services, such as those as noted above. Please read our Terms of Service carefully for more information. (GDPR Basis: Legal Obligation and Legitimate Basis)

Disclosure and Sharing of Information​​​​​​​
Information about our customers is important to our business. We will never rent or sell your information, nor our email lists, to others. However, we may need to disclose your personal information for limited reasons and circumstances, as follows:

Business Transaction 
If we are involved in a merger or acquisition, your personal information may be transferred so that our products may continue to be sold or Licensed. However, we will provide notice before your data is ever transferred and becomes subject to a different Privacy Policy.

Compliance With Laws 
Under certain circumstances, we may be required to disclose your personal information if we have a good faith belief that it is reasonably necessary or required to: 
❦ Respond to legal process or to government or other public authorities’ requests (e.g. a court) 
❦ Meet and enforce our agreements, terms and policies, including invoicing and outstanding payments 
❦ Prevent, investigate, and address fraud and other illegal activity, security, or technical issues 
❦ Protect the rights, property, and safety of us, our visitors, customers or others

Non-Personally Identifiable Information 
We may disclose anonymous, aggregate data as it pertains to our Website, as long as it remains unidentifiable to individual users.

Third Party Service Providers
We may engage or employ certain trusted third party service providers or partners (or “data processors”) only when necessary to serve you, such as to facilitate our Services, to provide the service on our behalf, or to assist us in analyzing how our Services are used. These service providers may have access to your personal information, but only to the extent necessary to perform these tasks or functions on our behalf and to deliver the products and/or services that you have requested. These providers are subject to strict contractual restrictions to ensure that your information is protected and confidential.

Nevertheless, all third party service providers are obligated not to collect, disclose or use your personal information for any other purpose than to perform the services they provide to us. Please note: it is still best to read through any of the third party service providers Privacy Policies below, so that you may understand how they will treat your personal information once you leave our Website where our Privacy Policy no longer applies.

Email Newsletters & Promotional Mailing Lists
MailChimp: Their Privacy Policy can be viewed at https://MailChimp.com/legal/privacy/  

Analytics
Google Analytics: Their Privacy Policy can be viewed at http://www.google.com/intl/en/policies/privacy/. For more information, see our Cookie Policy.

Your Use of Personally Identifiable Information
Please read our Terms of Service for more detailed information regarding your use of our Website and Services, especially when it comes to your use of any other person's identifiable information other than your own. 

Any personally identifiable information you elect to make publicly available on our Website or Services, such as posting comments, will be available to others. If you remove information that you have made public on our Website, copies may remain viewable in cached and archived pages of our site, and other users may have copied or saved that information. We also do not have any access or control over the information you may post to third party applications in connection with our Service, for example our social media pages or shops. You will need to contact or login to the third party application if you want the personal information that you posted to be removed. To learn how the third party application uses your information, please review their privacy policy.

You are responsible for any third party’s personal information and/or intellectual property content obtained, published or shared through our Service, and you agree that you have obtained all necessary and explicit consents from the third party to make such information public, and that doing so will not violate any laws.

Retention of Data
We will retain your personal information only where we have a legal basis to do so, or for as long as your email subscription is active, in order to provide you the requested Services, or as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use information to the extent necessary to comply with our legal and regulatory obligations, and enforce our legal agreements and policies.  

We may also retain usage data for internal analysis purposes, where each visit data may be generally retained up to three years, except when this data is used to strengthen the security or improve the functionality of our Website, or we are legally obligated to retain this data for longer time periods. However, we will only keep email newsletter opt-in information for as long as you subscribe. While, other information may be kept for variable time periods based on their nature, such as communications based on severity of the content and comments on the Website.

Storage and International Transfer of Information
Our studio and office are located in Canada, and we are governed by Canadian law and the Personal Information Protection and Electronic Documents Act (PIPEDA), while our website provider is located in both the United States and Canada. The information that we collect from you may, thereby, be transferred to, and stored at, a location outside of the European Economic Area, Switzerland and the United Kingdom (collectively the “EEA”). In addition, our other third party service providers are based in the United States, and are outside of our direct control, and may be subject to the United States legislation and Patriot Act. Therefore, these service providers may maintain facilities or be located in a different country than you or us, and these countries may not necessarily have data protection laws as comprehensive or protective as those in your country. Therefore, if you decide to proceed with our Services and submit your personal information, you consent to this transfer, storage or use, and do so knowing it may involve the use of third party service providers from countries other than your own, and this may result in transferring your personal information across international borders. Your information may then become subject to the laws of our country and those of our third party service providers. 

No transfer of personal information will take place unless there are adequate security and controls in place by us or with any third party service provider. Our collection, storage and transfer of your personal information will, at all times, be governed by this Policy.

How We Protect Your Information
We are concerned with protecting your privacy and sensitive data. We and our third party service providers have implemented security technology measures to guard your information from accidental or inappropriate use, access, disclosure, alteration or destruction while using our Website. We do this by ensuring that whenever you enter sensitive information on our Website, such as the contact forms, email opt-ins, etc., we encrypt that information using secure socket layer technology (SSL) installed on our Website and  additional security measures. 

Unfortunately, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use industry prescribed means to protect your information, we cannot ensure or warrant the absolute security of any information you transmit to our Website or Service, nor guarantee that your information may not become subject to accidental loss, unauthorized accessed or disclosure, alteration or unlawful destruction by breach of any of our industry standard physical, technical or managerial safeguards. We are not responsible for breach of any protective measures or settings used on this Website, nor any delays or delivery failures, including those due to any third party service provider, or any other loss or damages from the transfer of data over the networks and the Internet. You acknowledge that we also cannot guarantee fully guarding against cyberattacks, such as hacking, ransomware, spyware and viruses. You will also not hold us liable for any unauthorized disclosure, loss, harm or destruction of your personal information arising from such risks.

You provide and transfer personal information at your own risk, and help to maintain the security for your information on this Website. We will never send unsolicited communications asking your information.

Security Breach
In the event we become aware of a security breach of the Website that directly compromises the personal information of our users by unauthorized or unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation, reporting and notification to and cooperation with data protection and law enforcement authorities.

Leaving Our Website To Other Sites
Please note that when you leave our Website, are redirected to or click on a link to a third party website or application, our Website’s Privacy Policy and Terms of Service will no longer apply. We strongly advise you to review the Privacy Policy of every site you visit, as we have no control over and assume no responsibility for the content, policies or practices of any third party sites or services.

Minors
By using this Website, you acknowledge that you are over the age of 18 (“minor”) or of the age of majority in your country. If you are under 18, please do not attempt to provide any information about yourself to us. We do not knowingly collect personal information from anyone under the age of 18. If we become aware that we have collected personal data from minors without verification of parental/guardian consent, we take steps to fully remove that information from our records as quickly as possible. If you believe that we might have any information from or about a minor, please contact us immediately.

Your Privacy Rights
We respect your privacy rights and provides you with reasonable access to the personal information that you may have provided through your use of our Website and Services. If you reside in the EEA or certain other territories, you have a number of certain data protection rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. We describe these rights below: 

The Right to Access 
You have the right to access your personal information we hold about you. 

The Right to Change and Rectification
You have right to change your personal information, and to have your information corrected if that information is inaccurate or incomplete.

The Right to Objection 
You have the right to object to our collection or processing of your information for certain purposes at any time, except in cases where we are otherwise permitted by applicable law or legitimate grounds to continue to do so. 

The Right to Restriction 
You have the right to request that we restrict further processing of or limit the use of your personal information.

The Right to Deletion 
You have the right to request that we delete some or all of your personal information. At your request, we will generally delete or block any reference to your personal information. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information you submit for prevention of fraud and abuse, satisfaction of legal obligations and income tax regulations, backups, archiving, or where we otherwise have a legitimate reason to do so.

The Right to Withdraw Consent 
You have the right to withdraw your consent at any time where we relied on your provided consent in order to collect or process your personal information.

The Right to Portability 
You have the right to request a copy of the personal information we hold about you which you have provided us.

If necessary, you also have the right to raise a concern to a Data Protection Authority about our processing of your personal information. For more information, please contact your local data protection authority in the EEA.

If you restrict, delete or decline to share certain personal information with us, which is certainly your right, some or all of the features and functionality of this Website and Service may no longer work or may become inaccessible. Additionally, once the retention periods expire, personal information shall be deleted and rights cannot be enforced.

How to Exercise Your Rights
Rights Requests
Any requests to exercise your rights can be directed to us through the “How to Contact Us” section below. Requests may be subject to a reasonable administration fee.

Please note that we will ask you to verify your identity before responding to such requests in order to confirm the legitimacy of the request and that it does in fact originate from you. This verification may require you to provide us with additional personal information or further details about your request. If you do not cooperate in this, or we cannot verify legitimacy, we may not release such information in a timely manner, so as to prevent a breach of privacy. In addition, if your request requires disclosure of information relating to or identifying another person, we may need to obtain the consent of that person, if possible, otherwise provide you the request will all but that information. As such, you shall provide full cooperation in these regards, so that any requests on our part to verify your request will be undertaken solely to protect against breach of your personal information.

Requests will be addressed by us within one month, unless the request is overly complex or unfounded, in which case we may refuse the request on such grounds or we will notify you after one month’s time about requiring a two months extension and/or a further reasonable administration fee.

To Opt-out of Cookies and Tracking Technologies
You are able to change your browser settings at any time to block, delete or notify you about cookies. To learn more or to change your settings, read our Cookie Policy below. However, please note that if you disable or refuse cookies, some parts of this Website may stop working or become inaccessible.

To Update Email Subscriber Information
You may update or correct your subscriber information at any time by clicking on the "Manage Your Preferences" option at the bottom of email newsletters.

To Opt-out of Email Newsletters
You are able to withdraw consent and opt-out of our email newsletters at any time by clicking on the "Unsubscribe" link at the bottom of any subscription email we send you. Please note that opting out will not affect emails received for product orders and shipping notices from any of our external shops, such as Etsy, nor the information you provided to us for such purposes.  Please see our Policies for any external shop and the applicable third party store's Policies directly for more information. This Policy does not apply to external shops.

Changes To This Privacy Policy
We reserve the right to make changes to this Privacy Policy at any time. You consent to the updates by continuing to access the Website and submitting information on or after the date of change.
We will give notice on this page, so it is strongly recommended that you check this page periodically. Refer to the  “Last Updated” date listed at the top of this Policy.

How to Contact Us
If you have any questions or concerns about this policy, you may contact us at privacy [at] dreamtreefineart [dot] com. Please note that we are not responsible for any transfer of sensitive information by you over the Internet.

This Website and its Content are owned and operated by Amy Cater and Dream Tree Fine Art.


Credits
A portion of this Privacy Policy was written with resources from the artist’s J.D. (https://theartistsjd.com/list/website-mad-libs/), so wonderfully gifted by Kiffanie Stahle.



Cookies Policy
Last updated: May 24, 2018

Amy Cater and Dream Tree Fine Art (“Our”, “Us” or “We”) respects your privacy, and in addition to our Cookies Policy, we strongly recommend you read our Privacy Policy above. This Policy is and will be treated as part of our Terms of Service, and is automatically incorporated therein. Please see our Privacy Policy or Terms of Service for the meanings of any capitalized terms and definitions not otherwise defined in this Policy.

We use cookies on amycater.com, dreamtreefineart.com and any subdomains (or “Website”). Our Cookies Policy explains what cookies are, how we use cookies, how third parties we may partner with may use cookies on our Website and Services, your choices regarding cookies and further information about cookies.
What are Cookies?
Cookies are small pieces of text automatically sent to your web browser (eg. Chrome, Safari, etc.) by a website you visit in order to make the website work or to improve how it works for our users. As such, most web browsers are set to accept cookies by default. A cookie file is stored in the web browser on your computer or mobile device and allows us to monitor the number of visitors coming to our Website, recognize repeat visitors, as well as to speed up and help your continual access to and use of our Website. Cookies may also track usage behaviour in order to report anonymous aggregate information that helps us to maintain and improve our Website functionality, security, and our products and services with the intent to improve your overall experience.
Why We Use Cookies & Other Tracking Technologies
When you use and access our Website and Services, certain cookies files or other technologies may be placed in your web browser. We never sell or rent the information collected by cookies. Unless you have changed your browser settings to block cookies, our website or third party service providers will issue cookies when you access our Website from your browser. A cookie will only provide us with non-identifying information, so you can access and use our Website anonymously if you have not provided us with personal information.

We may use cookies for the following purposes: 
❦ To allow you to move around the Website and to provide certain features and functions to enhance the functionality of the Website;
❦ To keep track of your preferences and consents, for instance, so you don’t have to reenter information every time you change pages during a visit using session ID cookies that expire when you leave the site;
❦ To customize content depending on how you use our Website;
❦ To conduct research analysis and diagnostics to improve our content, products, services and overall performance for a better user experience;
❦ To prevent fraudulent and harmful activity, as well as maintaining and improving essential security overall.

In addition to our own cookies, we may also use Google Analytics to record and analyze anonymized, non-identifying data about our visitors’ behaviour on our Website, such as determining if you are a new visitor or a return visitor, how long you stay, what pages you look at, etc. This helps us to understand our visitors better as a whole, to improve our product offerings and your experience on our Website. No personally identifiable information is linked to or available to us. 

Other Tracking Technologies
At the same time, we and our trusted third party service providers may use other technologies for our Website and email newsletters that may contain tiny graphics files called web beacons or pixels (or gifs, tags, etc.), via Google Analytics, which help us to track and analyze how many visitors have come to our Website, where this traffic is coming from, browsing activity and other diagnostics, as well as via MailChimp (coming soon), which help us to track and analyze whether an email was delivered, opened, or if links were clicked on. These technologies may provide us with information, such as your IP address (however, with IP Anonymization is utilized where possible for added privacy), browser type, email client type, and other analytic information that help us to measure the performance of our Website and the success of email newsletters, and enhance their effectiveness. Please note that email opt-ins may also record your email address and the date and time among the information collected. The use of cookies by our partners is not covered by this Policy.

Additional cookies or tracking technologies, such as a JavaScript tracking snippet, may be placed on our Website by MailChimp in order to facilitate the functioning and efficiency of certain add-on features, such as product emails and landing pages. Product emails will allow us to promote new items or best sellers to you once we open shop, so when you click on a link in a product email, our Website will use a MailChimp cookie on your device to allow us to track how many emails were successfully opened and clicked on. While, landing pages will allow us to see how many visitors come to these subscribers only special landing pages, engage or leave.

Third Party Cookies & Other Tracking Technologies
Please note that some other third party service providers’ tools we may use or connect to on our Website, such as social media widgets (or “buttons” or “icons”) or links that allow you to interact with those social media services and allow you to share or bookmark certain web pages, such as on Instagram, may collect browsing information. This data may include your IP address, which pages you visit on our Website, and the social networks may set and receive this browsing data. We do not control them and are not responsible for their use of cookies and other tracking technologies, especially once you leave our Website for theirs. You are governed by the privacy policies of the company providing it. You may be able to change your privacy preferences with the concurrent third party and/or social network via their website if you have an account with them.
Consent in Processing
Our Website cannot operate effectively without the use of certain cookies and other tracking technologies, which are used in order for us to be able to provide the Services you have requested from us based on contractual necessity and other legal basis, including the purposes we have outlined above. By closing the Cookies notification, and thereby, providing affirmative acceptance of and continuing to use our Website and Services, you consent to the use of cookies as discussed in this Cookies Policy, and agree to the placement of cookies on your device unless you instruct your browser otherwise.
How to Opt-Out of the Use of Cookies
You can usually instruct your browser to refuse all cookies, refuse to accept cookies from a particular website, or to indicate when a cookie is being sent. However, cookies allow you to utilize some of the Website’s essential features, and if you decide to not accept cookies, you may not be able to use some or all parts of our Website.

Nevertheless, all browsers today allow you to change your cookie settings. You can do so by finding these settings in your browser’s “Preferences” or “Options” menu, typically at the top of your screen. However, each browser’s process is different. To understand more about these settings, you can often use the “Help” menu option in your browser for more details.

Opt-Out of Google Analytics, MailChimp Cookies or Other Technologies
Additionally, if you are more concerned about third party cookies instead, you can opt-out of the use of: 
Multiple third party cookies: http://preferences-mgr.truste.com/.
Changes To This Cookies Policy
We reserve the right to make changes to this Cookies Policy at any time. You consent to the updates by continuing to access the Website and submitting information on or after the date of change.
We will give notice on this page, so it is strongly recommended that you check this page periodically. Refer to the “Last Updated” date listed at the top of this Policy.
Contact Us
If you have any further questions about how cookies are used on our Website and Services, please contact us at privacy [at] dreamtreefineart [dot] com. Please note that we are not responsible for any transfer of sensitive information by you over the Internet.

This Website is owned and operated by Amy Cater and Dream Tree Fine Art.
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