PRIVACY POLICY

This Privacy Policy is meant to help You the website user (“You,” or “Your”) understand what data We collect, why We collect it, and what We do with it. Please take the time to read it carefully.

This website (the “Site”) is owned and operated by Terry Ludwig Pastels, LLC, a Colorado limited liability company at 8113 W. Brandon Dr., Littleton, CO 80125 (“TLP,” “Our,” “Us,” or “We”). TLP is responsible for the processing of Your collected personal information and data. By interacting with TLP through the use of Our Site, mobile applications, products, offerings, or “Services,” as that term is defined in Our Terms of Use (“TOU”), You consent to the use of information that is collected or submitted as described in this Privacy Policy and Our TOU. We incorporate Our TOU into this Privacy Policy by reference. We may change or add to this Privacy Policy and the TOU, so We encourage You to review them periodically. All capitalized terms used in this Privacy Policy but not defined within it have the meanings assigned to them in Our TOU.  

We collect a number of different types of information You provide to Us through the use of Our Site and Services. For example, We collect information related to:

• Registration and administration of Your account.
• Processing Your orders and requests.
• Your questions, communications, product reviews, or feedback, submitted via request forms, on our Site, or via email.
• Your participation in research and surveys.
• Your customer support and technical assistance requests.
• Anything You upload or post to the Site or Services.

The type of information We collect from You will depend on the manner in which You use Our Site and Our Services, and the amount and scope of information You choose to provide to Us. You acknowledge and agree Your Personal Data may be transferred from Your current location to the offices and servers of TLP and to any authorized third-parties, including but not limited to GoDaddy, BlueHost, Shopify, Shopify analytics, including Shopify Live View, Google, Google Analytics, Microsoft, Klaviyo, Venmo, Instagram, Facebook, Quickbooks, YouTube, Square, Indeed, or Our advertising, storage, digital, or management partners as applies from time-to-time. Each of these third-party providers maintains its own privacy policy and terms of service. We do not control and are not responsible for those privacy policies or terms of service. Please visit those sites to review their individual policies and terms. We generally collect the following types of information directly from You:

• Your name, address, telephone number, date of birth, and email address.
• Log-in credentials, if You create an account.
• Billing information, such as credit or debit card number, verification number, expiration date, home address or postal code, and identity verification information, collected by Us or Our third-party payment processors.
• Information about purchases or other transactions with Us.
• Information about Your customer service and maintenance interactions with Us.
• Your reviews of Our products;
• Demographic information such as Your gender, ethnicity, and age.
• Any other information You choose to directly provide to Us in connection with Your use of Our Site or Services.

By voluntarily providing Us with Your information, You are consenting to Our use of it in accordance with this Privacy Policy and Our TOU.

We and Our service providers (third-party companies that work with Us and on Our behalf), may use a variety of technologies, including cookies and other online tracking tools, to assist in collecting information from You, including as follows.

• Location and Web Information: We may collect and use information when You use Our Site, such as general geolocation data (IP address, city/state, postal code), browser type, operating system, language, Wi-Fi access points, and cell tower positioning, software and hardware attributes (e.g., Flash version, JavaScript support, screen resolution), files You download, clicks, domain names, landing pages, viewed pages, the date/time You use Our Site and Services, and similar information.
• Precise Location Information: We use non-identifiable GPS location information only in relation to Shopify Live View. We use this information to provide customized services, content, promotional offers, and other information that may be of interest to You. If You no longer wish for Us and Our service providers to collect and use GPS location information, You may disable the location features on Your device. Please see Your device manufacturer settings.

Our Use of Cookies and Similar Online Tools. We may use cookies, server logs, tags, tracking pixels, and other similar tracking technologies to receive and store certain types of information whenever You interact with Us or third-parties that use Our Services, as described in this Privacy Policy. Examples of information generally provided by these search technologies include but are not limited to: pages You visit, ads You click on, type of browser, device, or hardware You use, purchase information, IP location, and search terms.

• A web server log is a file where website activity is stored.
• A cookie is a small text file that is placed on Your computer or mobile device when You visit a site, that enables us to: (i) recognize Your computer/device; (ii) store Your preferences and settings; (iii) understand the parts of the Services You have visited and used; (iv), enhance Your user experience by delivering and measuring the effectiveness of content and advertising tailored to Your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.
• Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads or email that are designed to: (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the Services and associated advertising; and (3) access user cookies.

Your browser can help You manage these tracking technologies. You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to turn off or block all cookies. These options are generally available through the settings menu on each browser and device You use. Each browser is a little different, so look at Your browser “Help” menu to learn the correct way to modify the use of these technologies (e.g., ; Internet Explorer; Chrome; Firefox; Safari). Please note, if You turn them off, You may not have access to many features of Our Site and Services.

ONLINE ANALYTICS
Analytics, Generally: We may use third-party web analytics services that use cookies and similar online tools to help Us analyze how users use Our Site and to enhance Your experience when You use the Services. We do not sell, give, or trade the statistics stored by tracking technologies to any third-parties for data-mining or marketing purposes. To learn more about Google Analytics’ use of this data, please visit:
Google Marketing Platform

To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page.

Online Advertising and Marketing Partners: We may utilize and integrate third-party advertising services and technologies. (e.g., ad networks and ad servers such as Facebook, Google Ad Words, and others) that use cookies and other technologies to deliver relevant content and advertising for Us, as well as on other websites You visit and other applications You use. The ads may be based on various factors such as the content of the page You are visiting, information You enter such as Your searches, demographic data, and other information We collect from You. These ads may be based on Your current activity or Your activity over time and across other websites and online services. Please see the following for more information about tailoring browser advertising and how You can generally control cookies related to it:

We neither have access to, nor does this Privacy Policy relate to, the use of cookies or other tracking technologies that may be placed on the device You use to access the Site or Services by non-affiliated third-party advertising network services. We are not responsible for any choices You make using these mechanisms or the continued availability or accuracy of these mechanisms. For a current list of the third-party company services We utilize that may or may not collect Your browsing activities, please contact Our Data Protection Officer, as detailed below.

Notice Concerning Do Not Track. “Do Not Track” (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing You with meaningful choices about the information collected on Our Site for third-party purposes. We therefore provide a variety of opt-out mechanisms listed above. However, We do not currently recognize or respond to browser-initiated DNT signals. Please visit the Future of Privacy Forum's website for more information on DNT.

We use Your information for the following business purposes in the context of the Services:

• Performing, managing, and improving the Services, and developing new services.
• Internal auditing and research to better understand and improve the Services.
• Communicating with You about the Services.
• General marketing services, including communications, analysis, and research.
• Security (e.g., protecting against and detecting security breaches, fraud and malicious activity, and taking action against wrongdoers).
• Technical support and customer service.
• Verifying identity and administering Your account, including processing payments.
• Debugging (identifying and fixing technical errors).
• Legal compliance.
• Testing or improving the Services.
• Establishing, exercising, or defending Our legal rights where necessary for Our legitimate interests or the legitimate interests of others.

If We intend to use any of Your information in any manner that is not consistent with this Privacy Policy, You will be informed of such anticipated use prior to or at the time at which the information is collected. We retain Your information for no longer than is necessary to fulfil the purposes described in this Privacy Policy, unless otherwise required by law. The length of time for which We retain information depends on the purposes for which We collected and use it, or as required to comply with applicable laws.

We may aggregate or de-identify any information collected through the Services so that such information can no longer be linked to You or Your device. We may use this aggregated/de-identified information for any purpose, including for research and marketing purposes, and may also share such data with any third-parties, including advertisers, promotional partners, and sponsors.

We do not sell Your information. We consider this information to be a vital part of Our relationship with You. There are, however, certain circumstances in which We may share Your Personal Data with certain third-parties without further notice to You, as discussed above and set forth below:

• Business Transfers: As We develop Our business, We might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, acquisition, dissolution, liquidation, or similar event, Personal Data may be part of the transferred or affected assets. We reserve the right to transfer all Personal Data in Our possession to a successor entity in the event of a merger, acquisition, bankruptcy, or other sale of all or a portion of Our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Data will be subject to this Privacy Policy, or to a new privacy policy upon notice to You and where You do not affirmatively opt out. Personal Data submitted or collected after a transfer may be subject to a new privacy policy of the successor entity.
• Related Companies: We may also share Your Personal Data with any affiliate companies for purposes consistent with this Privacy Policy, as discussed in this Privacy Policy.
• Agents, Consultants, and Related Third-Parties: TLP, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, analytics, and processing payments. When We employ another entity to perform a function of this nature, We only provide them with the information that they need to perform their specific function.
• Legal Requirements: TLP may disclose Your Personal Data if required to do so by law or in the good faith belief that such action is necessary to: (i) comply with any applicable law, legal process, judgment, order, or enforceable governmental request; (ii) protect and defend the rights or property of TLP, including the enforcement of Our applicable TOU, including investigation of potential violations; (iii) act in urgent circumstances to protect the personal safety of users of Our Services or the public, including the detection, prevention, or to otherwise address fraud, security, or technical issues; or (iv) protect against legal liability.
• Consent. We may also disclose Your information in other ways You direct Us to and when We have your consent.
• Aggregate/De-Identified Information. We reserve the right to create Aggregate/De-Identified Data from the information We collect through the Services and Our sharing of such Aggregate/De-Identified Data is in Our discretion.

Your Choices, Generally. You may instruct Us not to use Your contact information to contact You by email, mail, or phone regarding products, services, promotions, and special events that might appeal to Your interests by contacting Us using the information below. In commercial email messages, You can also opt out by following the instructions located at the bottom of each email. Please note, regardless of Your request, We may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, You may not opt out of certain operational emails, such as those reflecting Our relationship or transactions with You.

Privacy Information for California, Virginia, and Colorado Residents. Certain laws and regulations of these states, applying to residents of them, have additional, specific requirements regarding how We collect, use, and share Your “personal information” (including as currently defined in and governed under the California Consumer Privacy Act (“CCPA”) and the California Privacy Regulation Act (“CPRA”)).

a. Categories of personal information We collect. Throughout this Policy, We discuss in detail the specific pieces of personal information We collect from and about Our users. Under certain state regulations, We are also required to provide You with the “categories” of personal information We collect. The categories We collect are: identifiers (such as name, age or date of birth, postal address, email address, passwords, screen names, and account names); commercial information (such as transaction data); financial data (such as credit card information); internet or other network or device activity (e.g., IP address or app usage); geolocation information; and inference data about You (e.g., the products and services You might be interested in based on other products and services You use).

b. How We use and share these categories of personal information. We use and share the categories of personal information We collect from and about You consistent with the various business purposes We discuss throughout this Policy. Please note certain state regulations including the CCPA and CPRA set forth certain obligations for businesses that “sell” personal information to third-parties. We do not engage in such activity and have not engaged in such activity in the past twelve months.

• Inform You about the categories of personal information We collect or disclose about You; the categories of sources of such information; the business or commercial purpose for collecting Your personal information; and the categories of third-parties with whom We share or disclose personal information.
• Provide access to or a copy of certain information We hold about You.
• Delete certain information We have about You.
• Request that We not share or sell Your Personal Data, or that We otherwise restrict disclosure of Your sensitive Personal Data.
• Correct Your inaccurate Personal Data.
• Request We limit Our use of Your sensitive personal information, including precise geolocation and private communications.

Please note that certain information may be exempt from such requests under California law. For example, We need certain information in order to provide the Services to You. We also will take reasonable steps to verify Your identity before responding to a request. If You are a California resident and You would like to exercise any of Your data rights under California law, please contact Us at customerservice@terryludwigpastels.com. Please include Your full name, email address, and residential address associated with Your use of Our Services, along with the rights You would like to exercise, so that We can process Your request in an efficient manner.

d. Right to Non-Discrimination. Under certain state regulations, You have the right to not be discriminated against for exercising Your rights. In regard to and as a result of Your exercise of this right We may not then:

• deny You goods or services that We would not otherwise;
• charge You different prices for services, whether through denying benefits or imposing penalties;
• provide You with a different level or quality of services; or
• threaten You with any of the above.

e. Shine the Light Disclosure. The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from Us regarding the manner in which We share certain categories of personal information (as defined in the Shine the Light law) with third-parties for their direct marketing purposes. We do not share Your personal information with third-parties for their own direct marketing purposes.