Privacy Policy

Our Privacy Policy was last updated on 5/20/2019. It governs the terms of our website located at https://artist.menu (the "Site").

Artist.Menu is owned by Messina Productions, Inc. ("MPI"). At MPI, we care deeply about your privacy and are committed to being upfront about our privacy practices, including how we treat your personal information. MPI follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information.

This policy does not apply to the practices of third parties (including other members who sell their artwork though the Site or API users) who may also collect or receive data in connection with your use of the Site.

Definitions

"Non Personal Information" is information that is not personally identifiable to you and that we automatically collect when you access our Website with a web browser. It may also include publicly available information that is shared between you and others.

"Personally Identifiable Information" is non-public information that is personally identifiable to you and obtained in order for us to provide you within our Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you.

1. Accepting the Privacy Policy

MPI requires all account owners ("Members") to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use the Site only if they have the appropriate permission and direct supervision by the owner of the account. Children under age 13 are NOT permitted to use the Site. Members are responsible for any and all account activity conducted by a minor on their accounts.

By accepting our Terms of Use, you are confirming that you have read and understand this policy, including how and why we use your information.

2. Information We Collect

We collect information you provide to us when you request or purchase products or services through our Site, when you register with us (including when you link your profile on a third-party site or platform with your registration account), write reviews and/or testimonials, respond to Member surveys, or otherwise interact with us using one or more devices.

When you use our Site, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Site. Such information is typically considered Non Personal Information. We also collect the following:

Cookies
Our Website uses "Cookies" to identify the areas of our Site that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Site correctly or at all. We never place Personally Identifiable Information in Cookies.

Third Party Tracking/Analystics Tools
We also use third party tracking tools to improve the performance and features of our Site. These third-party tracking tools are designed to collect only Non-Personal Information about your use of our Site. However, you understand that such tools are created and managed by parties outside our control. As such, we are not responsible for what information is captured by such third parties or how such third parties use and protect that information.

Automatic Information
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Site, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Members to help improve our Site.

3. How We Use Your Information

We use the information we receive from you as follows:

Personalize content and experiences.

Provide you with the experiences, products, and services you request, view, engage with, or purchase.

Communicate with you about your account or transactions with us and send you information or request feedback about features on our Sites or changes to our policies.

Send you offers and promotions for our products and services that you have requested.

Detect, investigate and prevent activities that may violate our policies or be illegal.

4. Sharing Your Information with Other Entities

We will not share your personal information with a third party outside MPI except in limited circumstances, including:

Order fulfillment by artists of purchased or commissioned pieces of artwork.

Legally Required Releases of Information
We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of our Members, employees, and affiliates.

Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information.

We Do NOT Share sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that provide services to us with regards to our Site (i.e. payment processors, package delivery, Website hosting companies, etc.); such affiliates will only receive information necessary to provide the respective services and will be bound by confidentiality agreements limiting the use of such information.

Please note that once we share your personal information with another company, the information received by the other company is controlled by that company and becomes subject to the other company’s privacy practices.

5. Your Choices and Controls

We know that our Members value having control over their own information, so we provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your controls and choices may include:

Making corrections to, updating, or deleting your your account information.

Selecting or changing your options regarding subscriptions, newsletters, and account alerts.

Choosing if you would like to receive offers and promotions from us for products or services that we offer that we think may be of interest to you.

Requesting your personal information be removed from a public forum on our Site.

You may exercise your choices and controls in a variety of ways, including updating your account information by logging into your account at
https://artist.menu/my-account, contacting us via our Contact Us form on the Site, emailing info@artist.menu, or calling us at 1-407-909-0403.

Please be aware that if you do not allow us to collect personal information from you, we may not be able to process your order or provide certain experiences, products, and services to you. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate. If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact us.

6. Protecting Your Child's Privacy

Our Site is not designed for use by anyone under the age of 13 ("Child"), though we realize we may have a Child attempt to make purchases through our Site. We do not verify the age of our Members nor do we have any liability for verifying a Member's age. If you are a Child, please seek the permission of a parent or guardian before using our Site. If you are a parent or guardian and believe your Child is using our Site, please contact us to remove your Child's account; we reserve the right to ask you for verification of your relationship to the Child before we honor such a request. If we discover that a Child has created an account on our Site, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. However, as parent of such a Child, you understand that you are legally liable for any transactions created by the Child.

7. Links to Other Websites

Our Site may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked Websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to Websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

8. Data Security, Integrity, and Retention

The security, integrity, and confidentiality of your personal information is extremely important to us. We have implemented administrative, technical, and physical security measures that are designed to protect our Member's information from unauthorized access, disclosure, use, and modification. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

9. Transfers

The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live.
Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information.

10. Seller Responsibilities

If you sell your artwork using our Site, you may receive and determine what to do with certain personal information, such as when communicating with Members and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, you are an independent controller of data relating to other users that you may have obtained through the Site.

You are responsible for protecting Members personal information you receive or process and complying with all relevant legal requirements when you use the Site. This includes applicable data protection and privacy laws that govern the ways in which you can use a Member’s information.

You may receive a buyer’s email address, physical address, or other information as a result of entering into a transaction with that buyer. This information may only be used for communications related to the purchase through Artist.Menu. You may not use this information for unsolicited commercial messages or unauthorized transactions. You may not add any Artist.Menu Member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information.

If Messina Productions, Inc. is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a data controller of buyer personal information, you agree to indemnify MPI for the expenses it occurs in connection with your processing of buyer's personal information.

11. Privacy Policy Updates

From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. If we make material changes to this policy, we may notify you on our Site, by a blog post, by email, or by other means, consistent with applicable law. The method we chose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.

12. Questions and Comments

If you have a comment or question about this privacy policy, please contact info@artist.menu.

Notice to California Residents: If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Messina Productions, Inc. to third parties for the third parties’ direct marketing purposes.