Privacy Policy & Terms of Use

 

 

PRIVACY POLICY

Effective Date: May 11, 2018

[PAPERBAG STUDIOS, LLC (Roben-Marie Smith)], (“the PAPERBAG STUDIOS, LLC (Roben-Marie Smith)”, “us”, “we”, or “our”), operates the website [www.shoprobenmarie.com].  We may change or add to this privacy notice, so we encourage you to come back and read it periodically. PAPERBAG STUDIOS, LLC (Roben-Marie Smith) is the data controller that resides in 6218 Morning Drive, Port Orange, FL 32127.

This privacy notice governs the website [PAPERBAG STUDIOS, LLC (Roben-Marie Smith)] informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.  This privacy notice only covers information collected through this site and via direct communications between you and PAPERBAG STUDIOS, LLC (Roben-Marie Smith). It does not cover any information collected at any other website, application or other communication methods such as when you call us, write us, or in any other manner.  Your privacy is very important to us.

DATA WE COLLECT

While using our site, we may ask you to provide us with certain personal data that can be used to contact or identify you ("Personal Data"). Personal Data may include, but is not limited to:

·      Email address

·      First name and last name

·      Phone number

·      Address, State, Province, ZIP/Postal code, City

 

Information Collected Automatically

Like many websites, we and our third party service providers, such as advertising and analytics providers, use cookies, web beacons and other data technologies to receive and store certain types of information when you interact with us through your computer or mobile device.  Using these technologies helps us recognize you, customize your experience and make relevant marketing messages. Here are some of the types of information we collect:
 

•Log & Device data. When you visit our site, we may automatically record information (“log data”), including information that your browser sends whenever you visit our site. This log data may include your web address you came from or are going to, your device model, operating system, browser type, unique device identifier, IP address, mobile network carrier, and time zone or location.  

HOW WE USE YOUR INFORMATION

We may use information that we collect about you to:

·      Provide our Products and Services. We will use your information to provide our products and services to you; process payments and/or refunds;

·      Understand and improve our products. We will perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others.  We do this to help make our products better and to develop new products.

·      Communicate with you.

o   Promotional. We may send you emails about new product features or other news about us or on topics relevant to products or services you purchased or that you opted in to receive.  You may opt out of these at any time. Visit the Your Choices section below.

o   Responding to your requests. We will also use your information to respond to your questions or comments, including support questions, blog post comments, services requests and other inquiries.

o   Administrative. We may contact you to inform you about changes in our services, our service offering and other important service related notices such as changes to the privacy policy or about security or fraud notices.  

·      Advertising.  We may develop and display content and advertising tailored to your interests on our products and services on our site and on other sites; share new products or services with you; share other products and services that we feel would be of interest to you.

·      Other. We also may use your information to manage our business, to comply with legal or regulatory obligations, or perform functions as otherwise described to you at the time of collection.  We may also use your information to resolve disputes or troubleshoot problems, interact with you on social media, request feedback,

Sharing and Disclosure

We do not share your personal information with others except as indicated within this policy or when we inform you and give you an opportunity to opt out of having your personal information shared.

We will share your information in the following ways.

  • With third party service providers, agents, or contractors.  We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with providing services to you. For example, we may engage Service Providers to process credit card transactions or other payment methods.  Or, we may engage Service Providers to provide services such as marketing, advertising, communications, infrastructure and IT services, to provide customer service, to collect debts, and to analyze and enhance data (including data about users' interactions with our service). These Service Providers may have access to your personal or other information in order to provide these functions. In addition, some of the information we request may be collected by third party providers on our behalf. We do not authorize them to use or disclose your personal information except in connection with providing their services.

Analytics: Specifically for analytics providers, we use Google Analytics Google Analytics which is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:http://www.google.com/intl/en/policies/privacy/  Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

Payment Providers: We may provide paid products and/or services within the site. When we do, we use third-party services for payment processing (e.g. payment processors).  We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their own privacy notice. The payment processors we work with adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

PayPal Privacy Policy
Stripe Privacy and Terms

  • To comply with legal process or to protect PAPERBAG STUDIOS, LLC (Roben-Marie Smith).  If we believe that disclosure is reasonably necessary to comply with a law, regulation, legal or governmental request; to enforce applicable terms of use, including investigation of potential violations thereof; to protect the safety, rights, or property of the public, any person, or PAPERBAG STUDIOS, LLC (Roben-Marie Smith)  as required by law; or to detect, prevent, or otherwise address, security or technical issues or illegal or suspected illegal activities (including fraud).

  • Business Transfers. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.  In such transitions, customer information is typically one of the business assets that is transferred or acquired by a third party. In the unlikely event that we or substantially all of our assets are acquired or enter a court proceeding, you acknowledge that such transfers may occur and that your personal information can continue to be used as set forth in this privacy policy.

Links to Other Sites

We may have links on our site to other sites that we do not operate.  If you click on a third party link, you will be taken directly to that site which is governed by its own privacy notice.  We strongly encourage you to read that privacy notice. We do not control that site and assume no responsibility for the content, policies or its practices.

Affiliate Disclosure

This site uses affiliate programs for monetization, which means when you click on links to various sites that I recommend in my posts and make a purchase, this can result in a commission that is credited to this site. Some affiliate programs and affiliations include, but are not limited to, Commission Junction and Amazon.com. I have permission to use the Gelli® or Gelli Arts® trademark, which is owned by Gelli Arts® LLC for this purpose.

Retention

[PAPERBAG STUDIOS, LLC (Roben-Marie Smith)] will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Notice. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

[PAPERBAG STUDIOS, LLC (Roben-Marie Smith)] will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Choices and Individual Rights:

We aim to take reasonable steps so you can correct, amend, delete or limit the use of your Personal Data.

We outline your choices below:

·      E-mail.  As described above, if you do not wish to receive promotional e-mails from us, you may opt out at any time.  If you opt out of a promotional e-mail, we may still send you transactional and administrative emails about this privacy notice or about the products or services you have purchased.

·      Cookies.  Your browser’s help function should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time.

·      Advertising.  You can opt out of online targeted advertising by opting out within the advertisement itself or by visiting Digital Advertising Alliance, http://www.aboutads.info/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europehttp://www.youronlinechoices.eu/.  You can also opt out of the Digital Advertising Alliance using your mobile device settings.

·   Your rights under certain circumstances.   To initiate any of these actions please contact us at PAPERBAG STUDIOS, LLC (Roben-Marie Smith) - robenmarie@robenmarie.com

o   To access and receive a copy of the Personal Data we hold about you.

o   To rectify any Personal Data held about you that is inaccurate

o   To request the deletion of Personal Data held about you

o   You have the right to data portability for the information you have provided to us.  You can request to obtain a copy of this information in a commonly used electronic format so that you can manage and move it.  We will need to verify your identity before being able to respond to such requests.

o   Please note that in some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

·      Right to Lodge a Complaint.  For European Union residents, if you feel that our processing of your personal data infringes on data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.  You may do so in the EU member state where you habitually reside, your place of work or the location of the alleged infringement. If you are located outside of the European Union, you may have rights under privacy laws in the jurisdiction where you live.

Transfer of Data

This site is operated in the United States.  If you are located in another jurisdiction, please know that your information will be transferred to, stored, and processed in the United States. By using this site and providing us with information, you consent to this transfer, processing and storage of your information in the United States.  It is important to note that the privacy laws in the United States may not be as comprehensive as those in other countries such as the European Union. Our service providers use appropriate safeguards to transfer your personal data to the United States.

Security

We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information.

Sensitive Data

We request that you do not send us any sensitive data such as social security or national identification numbers, information related to racial or ethnic origin, political opinions, religious beliefs, health data, biometrics or genetic, criminal background or trade union membership information. If you do send us this information, then you are consenting to its processing in accordance with this privacy notice.  To avoid processing of sensitive data, do not submit it.

Changes to the Policy

We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to visit our site after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or get your consent on the new policy.

Contacting Us

If you have any questions or comments about this policy, please contact us at PAPERBAG STUDIOS, LLC (Roben-Marie Smith) - robenmarie@robenmarie.com.

 

TERMS OF USE

These terms and conditions ("Terms", "Agreement") are an agreement between Paperbag Studios, LLC ("Paperbag Studios, LLC", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the http://www.shoprobenmarie.com website and any of its products or services (collectively, "Website" or "Services").

User content

We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Backups

We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

Links to other websites

Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Paperbag Studios, LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Paperbag Studios, LLC. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Paperbag Studios, LLC or Paperbag Studios, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Paperbag Studios, LLC or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Paperbag Studios, LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Paperbag Studios, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Paperbag Studios, LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Paperbag Studios, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Paperbag Studios, LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you have any questions about this Agreement, please contact us.

This document was last updated on May 11, 2018.

 

 

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