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Privacy Policy

EARTHSHINE STUDIOS

Thanks for visiting our website. This policy explains the what, how and why of the information we collect when you visit our website or when you use our services. It also explains the specific ways we use and disclose that information. We take your privacy extremely seriously, and we never sell lists or email addresses.

The Basics

1. Definitions

These definitions should help you understand this policy. When we say “we,” “us,” “our,” and “Earthshine,” we are referring to Earthshine Studios d/b/a Earthshine Studios. When we say “Client,” we are referring to the person or entity that is registered with us to use the Newsletter Service. When we say “you,” we are referring either to a Client or to some other person who visits our Website. “Personal Information” means any information that identifies or can be used to identify you, directly or indirectly, including, but not limited to, first and last name, email address, gender, phone number or other demographic information.

We offer Services on our website https://earthshinestudios.com. This Privacy Policy applies to this specific website. The “Websites” include the Website itself and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology, manner or means. While providing the Services, and as described in more detail below, we may collect Personal Information about a Website visitor, Client, person or email address.

2. Changes

We may change this Privacy Policy at any time and from time to time. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by this Privacy Policy. Our electronically or otherwise properly stored copies of this Privacy Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in effect on each respective date you visited the Website.

3. Scope

This Privacy Policy is effective with respect to any data that we have collected, or collect, about and/or from you, according to our Terms of Use.

4. Questions & Concerns

If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message. You may also contact us by postal mail or email at:

Earthshine Studios
Attn. Privacy Manager
privacy@earthshinestudios.com
14505 Ballantyne Lake Road, Ste 534
Charlotte, NC 28277 USA

Your Information

5. Information We Collect

(a) Information you voluntarily provide to us: When you sign up for and use the Services, consult with our customer service team, send us an email, post on our blog or communicate with us in any way, you are voluntarily giving us information that we collect. That information may include your name, physical address, email address, IP address, phone number, credit card information, as well as details including gender, occupation, location, purchase history, and other demographic information. By giving us this information, you consent to this information being collected, used, disclosed, transferred to the United States and stored by us, as described in our Terms of Use and in this Privacy Policy.

(b) Information we collect automatically: When you use the Services or browse our Website, we may collect information about your visit to our Website, your usage of the Services, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Website. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Our use of cookies and other tracking technologies is discussed in our Cookie Policy located at the bottom of Privacy Policy.

(c) Information from your use of the Service: We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services for both you and for all of our users.

(d) Cookies and tracking: We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies on our Website, such as pixels and web beacons, to analyze trends, administer the website, track users’ movements around the website, serve targeted advertisements, and gather demographic information about our client base as a whole. Clients can control the use of cookies at the individual browser level. We partner with third parties to display advertising on our website or to manage and serve our advertising on other sites. Our third party partners may use cookies or similar tracking technologies in order to provide you advertising or other content based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click https://preferences-mgr.truste.com/ (or if located in the European Union click https://www.youronlinechoices.eu/). Please note you might continue to receive generic ads. For more information about our use of cookies and other tracking technologies, as well as how to opt out of the use of cookies, please refer to our Cookie Policy located at the bottom of Privacy Policy.

(e) Web beacons: We use web beacons on our Websites and in our emails. When we send emails to Clients, we may track behavior such as who opened the emails and who clicked the links. This allows us to measure the performance of our email campaigns and to improve our features for specific segments of Clients. To do this, we include single pixel gifs, also called web beacons, in emails we send. Web beacons allow us to collect information about when you open the email, your IP address, your browser and other similar details. Reports are also available to us when we send an email to you, so we may collect and review that information.

(f) Information from other sources: From time to time we may obtain information about you from third party sources, such as public databases, social media platforms, third party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally permitted or required to disclose such information to us. Examples of the information we may receive from other sources include: demographic information, device information (such as IP addresses), location, and online behavioral data (such as information about your use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products features, and services.

(g) Information from the use of our Mobile Apps: When you use our mobile apps, we may collect certain information in addition to information described elsewhere in this Policy. For example, we may collect information about the type of device and operating system you use. We may ask you if you want to receive push notifications about activity in your account. If you have opted in to these notifications and no longer want to receive them, you may turn them off through your operating system. We do not ask for, access or track any location-based information from your mobile device at any time while downloading or using our Mobile Apps or Services. We may use mobile analytics software (such as Fabric.io) to better understand how people use our application. We may collect information about how often you use the application and other performance data.

6. Use and Disclosure of Personal Information

We may use and disclose Personal Information only for the following purposes:

(a) To promote use of our services to you and others. For example, if we collect your Personal Information when you visit our Website and do not sign up for any of the Services, we may send you an email inviting you to sign up. If you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email about that. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send. In addition, we may use information we collect in order to advertise our Services to you or suggest additional features of our Services that you might consider using. In addition, we may use your Personal Information to advertise our Services to potential or other Clients like you. For more information on how we use cookies or other tracking technologies for these purposes, as well as how to opt out of the use of cookies, please refer to our Cookie Policy located at the bottom of Privacy Policy.

(b) To send you informational and promotional content in accordance with your preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.

(c) To bill and collect money owed to us by our Clients. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 14 below.

(d) To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

(e) To communicate with our Clients about their account and provide customer support.

(f) To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.

(g) To protect the rights and safety of our Clients and third parties, as well as our own.

(h) To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

(i) To provide information to representatives and advisers, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

(j) To prosecute and defend a court, arbitration, or similar legal proceeding.

(k) To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

(l) To provide, support, and improve the Services we offer. This includes our use of the data that our Clients provide us. This also includes, for example, aggregating information from your use of the Services or visit to our Website and sharing this information with third parties to improve our Services. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy.

(m) To provide suggestions to you. This includes adding features or using data to suggest products or services that you may be interested in or that may be relevant to you. Some of these suggestions are generated by use of our Data Science Projects. For more information about our use of cookies and other tracking technologies for this purpose, and instructions about how to opt out of having data collected through the use of cookies, please see our Cookie Statement here.

(n) To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

Combined Information: We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third party partners), to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this Privacy Policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this Privacy Policy applicable to, Personal Information.

7. Public Information and Third Party Websites

(a) Blog. We have public blogs on our Website. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.

(b) Social media platforms and widgets. Our Website include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We also maintain presences on social media platforms including Facebook, Twitter, Instagram, Dribbble and LinkedIn. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

(c) Links to third-party websites. Our Website include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

8. Third Parties

We may disclose Personal Information to the following types of third parties for the purposes described in this policy:

(a) Service Providers. Sometimes, we share your information with our third party Service Providers, who help us provide and support our Services. For example, if it is necessary to provide you something you have requested (like enable a feature such as Social Profiles), then we may share your Personal Information with a Service Provider for that purpose. Just like with the other third parties we work with, these third party Service Providers enter into a contract that requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this policy. Examples of Service Providers include payment processors, hosting services and content delivery services.

(b) Advertising partners. We may partner with third party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose. All third parties with which we share this information are required to use your Personal Information in a manner that is consistent with this policy. We and our third party partners may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our Website and other sites in order to provide you with targeted advertising based on your browsing activities and interests. For more information about cookies and other tracking technologies, please see our Cookie Statement here.

9. Contest and Sweepstakes

We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Website or through social media (collectively “Our Promotions”). Participation in Our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address and similar details. We use the information you provide to administer Our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you about our Services. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the Promotion.

Security

10. Notice of Breach of Security

If a security breach causes an unauthorized intrusion into our system that materially affects you, then Earthshine Studios will notify you as soon as possible and later report the action we took in response.

11. Safeguarding Your Information

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives, including the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). We also perform annual SOC II audits. If you have any questions about the security of your Personal Information, you may contact us at privacy@earthshinestudios.com.

Compliance

12. We Operate in the United States

Our servers and office is located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our Website, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.

13. Accuracy and Retention of Data

We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.

14. Access

We will give a Client, access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting us here. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Subscriber, from our servers at your or their request. There is no charge for an individual to access or update their Personal Information.

15. California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or email at privacy@earthshinestudios.com.

16. Do Not Track Disclosure

“Do Not Track” is a standard that is currently under development. Because it is not yet finalized, Earthshine Studios adheres to the standards in this policy and does not monitor or follow any Do Not Track browser requests. That said, some of our features may have the ability to monitor or follow Do Not Track browser requests.

Cookie Policy

1. Definitions

These definitions should help you understand this policy. When we say “we,” “us,” “our,” and “Earthshine,” we are referring to Earthshine Studios d/b/a Earthshine Studios. When we say “Client,” we are referring to the person or entity that is registered with us to use the Newsletter Service. When we say “you,” we are referring either to a Client or to some other person who visits our Website. “Personal Information” means any information that identifies or can be used to identify you, directly or indirectly, including, but not limited to, first and last name, email address, gender, phone number or other demographic information.

Thanks for taking the time to learn about Earthshine Studios’ Privacy Policy, and thanks for trusting us to handle your email.

Updated January 7, 2020