Last updated: 4/19/2021
WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE COLLECT?
When you browse the Site, you do so anonymously. Personally identifiable information associated with you, including your e-mail address, is not collected unless you purchase an item from the Site or provide that information in connection with a non-purchasing activity as described below (e.g., registering for a sweepstakes or promotion, completing customer service or information request forms, and submitting stories and photos for social sharing features).
There are times when we may request that you voluntarily supply us with personally identifiable information, including your e-mail address, mailing address and/or telephone number, for purposes such as correspondence, site registration, registering for a new product or participating in an online survey.
FORMS AND PURCHASES
We use various forms for listing, selling, and returning products offered on our site. We also use forms for non-sales activities, such as requests for information and customer service inquiries. We may collect, depending on the form, your contact information (e.g., your e-mail address, mailing address, and telephone number) and necessary financial information (i.e. your credit card number). Contact information is used to process a sale and/or reach you to give you requested information or resolve potential payment questions. Credit card numbers are only used for processing payments.
SPECIAL CONTESTS, PROMOTIONS, AND SOCIAL SHARING CONTENT
We may occasionally present a special contest or promotion that is sponsored by use or by another company. To qualify for entry in such contests or promotions, we may ask you to provide personal information. If we plan to share your personal information with the sponsor(s) or with others, we will provide a statement to that effect in the contest or promotion terms.
We occasionally present opportunities for Thomas Kinkade Studios collectors and fans to submit stories and photographs on our website. Select stories and photographs will be shared on our website, www.thomaskinkade.com, on our social media channels, and in e-newsletters. Your personal information will not be shared with others, and will only be used for verification of your story.
An Internet Protocol (“IP”) address is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We will use your IP address to help diagnose problems with our server and to administer the Site. Your IP address may also be used to gather broad demographic information, and to give us an idea of which parts of our Site you are visiting and how long you are spending there. We do not link your IP address with anything personally identifiable.
HOW DO WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
We gather your personally identifiable information to provide you with a customized experience on our Site. Your personally identifiable information helps us tailor the content, services, goods and advertising to your current and future needs.
If you register with our Site or otherwise provide your personally identifiable information to us, we may send you e-mail messages informing you of our products and services and also third party products and services we believe may be of interest to you, such as new features and services, special offers and updated information. Our newsletters (see below) may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We will combine such information we have about you and may use the information to improve your experience with our Site and/or provide customized e-mail communications to you.
WITH WHOM DO WE SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION?
We will share your personally identifiable information with third parties, including, without limitation, those that perform services for us, such as processing credit card payments, and authorized independent Thomas Kinkade Studios dealers. We do not exercise control over the activities of such third parties. In addition, we will disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property or (3) act in an emergency to protect someone’s safety. We may gather demographic information from you (for example, your age, education level or household income) from time to time. We will not share such information with any other person or entity in a manner that identifies you as an individual, unless we let you know that at the time of collection or we have your permission. When we share demographic information with third parties, we will give them aggregate information only. As we develop our business, we may buy or sell assets, and depending on the transaction, your personally identifiable information may be one of the transferred assets. In the event that we are acquired by another company, your personal information may be part of the assets transferred to the acquiring party.
WHAT ARE YOUR OPTIONS TO CONTROL YOUR RECEIPT OF E-MAILS FROM US?
Although most customers using our Site tell us they value receiving our emails with newsletters, special promotions and information regarding services provided by us or others, we recognize the importance of providing you with choice and control over your e-mails. If you would rather not receive e-mails about new products, promotions or other noteworthy news, please click on the link for opting out included in such e-mails to inform us of your desire to opt out of receiving such e-mails in the future. You may also contact us by postal mail at 18635 Sutter Blvd., Morgan Hill, CA 95037, Attention: Opt Out.
WHAT ABOUT CHILDREN'S PERSONALLY IDENTIFIABLE INFORMATION?
Our Site is not directed to children under the age of 13. We assume products purchased through credit card means are purchased by adults or minors supervised by a parent or guardian. We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”). On those areas of our Site that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA. We may ask prospective users to provide their age during a registration process and on other areas of our Site. If a user indicates that he or she is under the age of 13, then all personal data collected during the registration process is automatically deleted except that we may retain and use limited information, such as the child’s e-mail address, for a limited period of time, in those cases where we believe that the collection and use of such information is permitted under COPPA. If a parent believes that his or her child has provided us with personal information, he or she can contact via e-mail or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13. We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
WHAT ELSE SHOULD YOU KNOW ABOUT YOUR PRIVACY?
We have significant security measures in place to protect us from the loss, misuse, and alteration of the information under our control. To prevent unauthorized access to our systems, we employ a multi-layered secure network to safeguard against external and internal intruders. In addition, the transmission of information is extremely safe; we protect all transactions that include specific private data such as credit card information with industry standard encryption. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet, and we accept no liability for any unintentional disclosure.
LINKS TO OTHER SITES
Your California Privacy Rights
Effective as of 1/1/2020
This California Privacy Notice (“Notice”) sets for Thomas Kinkade Studios and its affiliates (“we”, “us” and, “our") disclosure obligations under California law, including the California Consumer Privacy Act of 2018 (“CCPA”) and the California Civil Code Section 1798.83. This Notice provides the additional details regarding the information defined as “personal information” under applicable California law and related to a California resident or household (“Consumers” and “you”) further referred to as “Personal Information.” This Notice describes the categories of Personal Information Thomas Kinkade Studios has collected, the categories of Personal Information Thomas Kinkade Studios has disclosed, the categories of Personal Information Thomas Kinkade Studios has sold (if any), and a description of the Consumer’s rights.
- You have the right to request, at no charge, that we disclose to you the categories and specific pieces of Personal Information Thomas Kinkade Studios has collected in the prior 12 months.
- You have the right to request that we disclose certain information about how we have handled your Personal Information in the prior 12 months, including the:
- categories of Personal Information collected about you;
- categories of sources from which we collected your Personal Information;
- business and/or commercial purposes for collecting and disclosing your Personal Information; and
- categories of third parties to/with whom your Personal Information has been disclosed/shared, including for a business purpose; and
- the specific pieces of Personal Information collected about you.
- Access: You have the right to obtain a list of categories and a copy of the Personal Information, in a portable and (if technically feasible) readily usable format, collected on you covering the 12-month period preceding the request.
- Deletion: You have the right to request the deletion of your Personal Information we have collected from you. This right may be subject to certain conditions and limitations under the law.
- Right to be Free from Discrimination: You may exercise all of the above rights at all times and Thomas Kinkade Studios will not unlawfully discriminate against you for exercising your rights under the CCPA.