privacy
policy

Last Updated: October 28, 2020

Welcome to the Artist Tree! We are committed to maintaining your trust by protecting your personal information. This policy (“Privacy Policy”) describes how The Artist Tree LLC, a California limited liability company, and its affiliates, doing business as “The Artist Tree” (“us,” “we,” or the “Company”), stores, collects and uses personal information when you visit our website at http://www.TheArtistTree.com (the “Site”), use our software or applications, and purchase products supplied by or on behalf of us (collectively, the “Services”). This Privacy Policy applies to any of the Services offered or provided by The Artist Tree, regardless of how you access or use it.

Please read this Privacy Policy carefully! By accessing, browsing, or otherwise using our Services, you consent to our collection, storage, use, and disclosure of your information, including personal information, as described in our Privacy Policy and our Terms of Service.

We have created this Privacy Policy so our registered users (“Members”) and unregistered users (collectively, “Users” or “you”) may understand how we secure and store any information obtained from them while they use our Service, and to disclose how we may gather and use certain information about you.

If you are using our Services on behalf of an entity, you are agreeing to our Privacy Policy and Terms of Service on behalf of the entity, and you are representing to us that you have the authority to bind that entity to these Terms. If you choose to use our Services, your use is subject to this Privacy Policy and our Terms of Service, including limitations on damages, resolution of disputes, and jurisdiction of law. By using our Service, you confirm you have read and accepted the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you must not use our Services.

You can withdraw your consent to allow us to access, store, or use your personally identifiable information at any time by changing your account settings or contacting us via email at [email protected].

This Privacy Policy applies to any information collected by The Artist Tree and our Services, but does not apply to information collected by any third-party linked sites or collected by third-parties through third-party cookies, web beacons, or otherwise during use of our Site or Services.

Links to Third Party Websites

We may provide links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies. We are not responsible for any damage, loss, or offense caused or alleged to be caused by or in connection with the use of or reliance on such websites or services.

Personal Identifiable Information

In using our Services, you may provide personally identifiable information which we may store. We will not use this information, or share it with anyone else, except as described in this Privacy Policy. When you register with the Services, you may create a Member account. We may ask you for certain information, which includes information that pertains to your identity. Such information may include, but is not limited to, your name, email address, physical address, date of birth, age, gender, mobile number, financial information (which may include your credit or debit card number), and other information which identifies you. If you do not provide the requested information, you may not be able to access or use certain features of the Services. We may collect information regarding your visit from your computer or mobile device which we will use to improve and enhance the functionality of the Services. This information will also allow us to determine how you found the Site and Services, the date that you used the Services, the search engine you used to access the Services, and other information.

Additional Information We Collect

Our servers automatically recognize certain information any time the Services are accessed. No personally identifiable information is revealed in this process. The information gathered includes data about your use of the Services, your IP address, your login data, details about your browser, length of time you visit, page views and navigation paths, details about the number of times you use the Services, time zone settings and other technology on the devices you use to access the Services. We process this data to improve the functionality and accessibility of the Services, to deliver relevant content and advertisements to you, and to understand the effectiveness of our advertising.  

Use of Personally Identifiable Information

If you submit information to us through the Services, we may use this information to verify your identity and to operate, maintain, and provide the features and functionality of the Services. We will use the email address you provided to send you notices related to the Services, including any notices we are required to provide by law. We may also use your email address and mobile number to send you other messages, including changes to features of the Services and special offers. By providing your email address or mobile number, you have consented to the receipt of these notices and other information. The Artist Tree will not share your email address or mobile number with advertisers or unaffiliated third parties without first obtaining your express permission. You may opt out of marketing communications from The Artist Tree at any time by replying STOP to a text message or hitting Unsubscribe on an email message.

Use of Other Information

We may share certain information, such as demographic data, which would not include personally identifiable information, with advertisers and other third parties. We collect location-based information to provide the specific location-based Services which you may request. Your use of the Services with a feature enabled to allow your location to be determined signifies your agreement to allow us to use your location for the purposes of the Services. If you do not want us to share your contact data with any third parties, please contact us in accordance with the “Contact Us” section below and expressly notify us of such request. Additionally, we may analyze your use of the Services as part of our effort to improve the and to allow us to deliver to you the type of content and features in which you are most interested. We may use anonymous information to analyze how the Services are used, but we will not examine this information to learn individually identifying information. We also may use anonymous IP addresses to help prevent or diagnose problems with our server, to administer the Services, or to better display any features or content according to your preferences. Information on how the Services are accessed and used may also be shared with third parties and advertisers on an aggregate and anonymous basis.  We may share anonymous information, such as anonymous website and/or application use data, with third-parties to assist them in understanding the Services, including how Users use the Services, and to assess the success of any advertisements and promotions. We may also share anonymous and non-personally identifiable aggregated user data, such as aggregated gender, age, geographic, and usage data with advertisers and other third parties for their marketing and promotional purposes.

Personally Identifiable Information Disclosure

We may provide information, including personally identifiable information, to our subsidiaries, affiliated companies, or subcontractors. Such information will be provided to offer greater functionality and enhanced services through the Services, to provide you with additional product and service opportunities, and to communicate information regarding these products or opportunities to you. Any recipients of your personally identifiable information will be bound by the terms of this Privacy Policy. We may release your personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to comply with state or federal laws or respond to a court order, subpoena, law enforcement or regulatory request, or search warrant. We reserve the right to collect and share any information: (i) in order to investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) as appropriate or necessary to enforce our Privacy Policy (iii) to take precautions against liability; (iv) to protect the security or integrity of our Site and Services; (v) to exercise or protect our rights and property or the rights and personal safety of Company affiliates, Users or others; or (vi) for other legitimate purposes.

Sale of Information

In the event the Artist Tree is acquired or merged with another entity or due to our bankruptcy or reorganization, we may assign, transfer, or sell the information we have collected to a third party. In addition, we reserve the right to assign, transfer, or sell any information we have about you to any companies which we may acquire or purchase. If The Artist Tree or substantially all of its assets are acquired, customer information, including personally identifiable information, will be one of the assets transferred to the acquiring entity. Should such a sale or transfer occur, we will use reasonable efforts to direct the acquirer to use the information you have provided consistent with this Privacy Policy.

Security

The security of your personally identifiable information is especially important to us. We use commercially reasonable security measures to prevent accidental loss of your personally identifiable information and to prevent unauthorized access of the information that we obtain from you. Such measures include, but are not limited to, the utilization of Secure Sockets Layer (“SSL”) encryption to transmit sensitive information through the Services and Malware Scanning. While The Artist Tree strives to protect your personally identifiable information and privacy, we cannot guarantee the security of any information you disclose online. By using the Site and Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any personally identifiable information, general information, or other data or information received from you through the Services is provided to us at your own risk, which you expressly assume. If for any reason your personally identifiable information is compromised, we will promptly notify you through the procedures set forth in this Privacy Policy, or as otherwise required by the Fair Information Practices Principles or other applicable law. If we are made aware that there has been a compromise of the security involving your online account credentials, we will provide notification by email. You will be instructed to immediately change your password, responses to security questions, or take other appropriate steps to protect your account. You will also be advised that you should make similar change to any other online accounts for which you use the same credentials or responses to security questions.  

Age Restrictions

You agree that by accessing our Services you have represented that you are 21 years of age or older. The Services are intended only for persons who are 21 years of age or older and use of the Services by persons under the age of 21 is strictly prohibited. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.

State of California Information

The Site is controlled and operated by The Artist Tree from within the State of California. Your use of or access to the Services in other jurisdictions should not be construed as The Artist Tree’s availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. California Civil Code Section 1798.83 allows individual California resident customers who have provided their personal information to obtain Services for personal, family or household use to request information about the manner in which disclosure of certain categories of personal information will be made to third parties for direct marketing purposes. To make such a request, use the information in the “Contact Us” section of this Privacy Policy below. Within thirty (30) days of receiving your written request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above. Do Not Track Disclosure under California‘s Online Privacy Protection Act: In accordance with CALOPPA, The Artist Tree does not track Users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals. However, some third-party sites do keep track of your browsing activities. Your web browser may have a setting whereby you can remove your permission for a third party to capture activities on one site and use them on another site.  

Cookie Policy

A Cookie is a small data file placed on the device you use to access the Site or use the Services. We may use cookies to collect, store, and track information for statistical purposes to improve the products and services we provide. For instance, we use cookies to help us remember and process the items in your shopping cart. Cookies do not contain any personally identifiable information. We use both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while you are using the Services and expire when you close your web browser. Persistent cookies remember your login information and may be used by your browser to allow you to access the Site and Services more easily. Persistent cookies will stay on the device you use to access the Site and Services from one session to the next. Persistent cookies can be removed through your web browser settings. However, if you choose to disable the feature allowing your device to receive cookies, your experience using the Services may be diminished and some features may not work as they were intended. We may use analytics or similar services provided by third parties that use cookies and other similar technologies to collect information about the Site and Services without identifying individual visitors. The third parties that provide us with these services may also collect information about your use of third-party websites and applications not part of the Service.

Web Beacon Policy

We also may collect certain information by automated means, such as web beacons, which use a small graphic to allow us to recognize certain types of information on your computer device such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. We use this information to enable more accurate reporting, to improve the effectiveness of our marketing, and improve and enhance the Services.

Click Stream Data Policy

We may also collect “click stream data” which is a log of the content on which you click while using the Services. Click stream data can tell us the type of computer or device you are using, the web browser being used, the address of the website from which you linked to the Service, and the pages visited while using the Service. We may also collect search terms you have entered, either before accessing the Services or while using the Service, and other web usage activity and data logged by our web servers. We will use this information to improve the Services and better customize your use of the Services. Our server may also record information regarding the website or search engine that linked you to the Services as well as information about the type of web browser, computer, device, platform, related software and settings you are using. We also may use this information, without using any personally identifiable information, for marketing or advertising purposes, to improve and enhance the Services, or for other general business purposes.  

Rights to Opt-In / Opt-out

The Artist Tree acts in accordance with the CAN SPAM Act. We will never share your personally identifiable information with any third-party service providers without your consent. However, we may offer you the option of agreeing to receive information by email from certain third-party service providers. You may decline to receive such emails. We also will allow you to opt out of receiving any promotional emails from the Company by clicking the “opt out” or “unsubscribe” link in the email you receive. Even if you opt out of receiving promotional emails from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us. We will not place a call or send a text message for informational or marketing purposes without your consent. If you have opted-in, The Artist Tree provides alerts, information, promotions, specials, and other marketing offers via text messages. Messages may be sent using an automatic mobile dialing system and using SMS technology. Consent to receive such text messages is not required as a condition of purchasing any goods or services. You will have the ability to opt-out of receiving text messages at any time by texting “STOP” in response to a text message that you receive. Message and data rates may apply. You agree to provide us with a valid mobile number. If you change your mobile number, you agree to opt out of the Services prior to changing your mobile number.

Rights to Access and Control Your Information

You always have the right to access, change, or delete any personally identifiable information you have provided to us. To do so, access your Member account and you may make any changes or deletions. You have the right to limit, restrict, or stop our use of any of your personally identifiable information. If you believe we are using your information in violation of the terms of this Privacy Policy, if you believe we are using incorrect or inaccurate information, or if you believe we are using that information after you have requested we erase or delete it please contact us via email at [email protected]. You also have the right to obtain a copy of your personally identifiable information, and, upon request, we will provide you with that information in machine readable form. To request a copy, please contact us at [email protected]. If you contact us to request access to your personally identifiable information, to ask for a copy of that information, to change that information, to erase or delete that information, or for any other reason related to your account or your personally identifiable information, we may ask you to verify your identity.

Retention Period

We will retain the data that you provide to ensure that any transactions into which you entered can be appropriately processed and to comply with laws applicable to us and to our banking, debit, and credit card processors. Accordingly, even if you close and request that we erase or delete your personally identifiable information, we will retain certain information as necessary to meet our legal obligations and fulfill the purposes outlined in this Privacy Policy. We also will retain your personally identifiable information if reasonably necessary to comply with any laws or legal requirements, requests from law enforcement, to satisfy regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or to enforce this Privacy Policy. Information you have shared with others including messages, comments, reviews, or other posts or communications, will remain visible even if you close your account and ask that we erase or delete your information. We do not control the data that other Members may copy or archive from our Service.

Your Right to Withdraw Consent to Use of Your Personally Identifiable Information

By accessing the Site and using the Services, you have given us permission to collect, store, and use certain personally identifiable information. We will only access, store, or use that information as set forth in this Privacy Policy. Should we need to obtain additional or different information, we will seek to obtain your additional consent as required under this Privacy Policy or in accordance with applicable law.

Privacy Policy Changes Revisions or Modifications

We reserve the right to update and revise this Privacy Policy at any time in our sole and absolute discretion. Changes, revisions, or modification to this Privacy Policy will be effective on the date they are posted on the Services. When material changes are made to this Privacy Policy, The Artist Tree will post a notification on the main page of the Site and revise the updated date at the top of this page. We may also send e-mails to our Members who have created an account containing a link to the revised Privacy Policy. Please review the Terms of Service and Privacy Policy regularly because once we post any changes your continued use of the Services constitutes acceptance of the new Privacy Policy.

Disclaimers

You acknowledge that your use of the Services requires Internet access and bandwidth, that we do not own or control all aspects through which the Services are provided, and that this Privacy Policy does not extend to anything that is inherent in the operation of the Internet or which is beyond The Artist Tree’s control. This Privacy Policy is not to be applied in any manner contrary to applicable law or governmental regulation. This Privacy Policy only applies to information collected through the Services and does not apply to any information we may collect from you in any place other than the Services.

Contact Us

If you have any questions, concerns, request, or comments about our Privacy Policy please contact us at:
[email protected]
or by mail at:
The Artist Tree
Attn: Legal
11330 Ventura Blvd.
Studio City, CA 91604