HOLY CROSS – Privacy Notice

 

Effective Date: March 1, 2024

 

 

 

PREAMBLE

ADLAR, LLC (“Company”, “we”, “us”, or “our”) owns, controls and operates the platform known as “HOLY CROSS”, a web-based platform consisting of an e-commerce shop, as well as an augmented reality viewing experience of artwork curated by us, available at the website https://www.Holycrossar.com.com (including, without limitation, all subdomains, collectively the “Site”), and through each of the HOLY CROSS-branded desktop and mobile applications (collectively, the “App” and together with the Site, the “Platform”).  Your privacy is very important to us, and in order to best protect your information, we have adopted this privacy notice (“Privacy Notice”), which describes the types of information we collect from registered or unregistered end users (each, a “User”, “you” or “your”) of the Platform, how such information is used, processed and in certain cases disclosed by us, and your rights and choices regarding the information you provide to us.  Please read this Privacy Notice carefully prior to your use of, or creation of a registered User account (an “Account”) on, the Platform.  If you do not agree to abide by this Privacy Notice, please do not use our Platform or create an Account.

By accessing and using the Platform and/or creating an Account, you are deemed to have read, accepted, executed and be bound by this Privacy Notice, including, without limitation, the information collection, use and disclosure practices described herein.  This Privacy Notice is governed by the Platform Terms of Use available at https://www.Holycrossar.coms.com/Terms, which includes all disclaimers of warranties and limitations of liabilities.  Capitalized terms that are used but not defined in this Privacy Notice have the respective meanings assigned to such terms in the Terms of Use.

  1. Information We Collect and Receive

In order for us to (a) provide you with the services and functionalities offered via the Platform, (b) engage in troubleshooting activities, and (c) improve upon the Platform’s performance, safety and security, we may collect and process some or all of the following types of information about you:

  • Personal Information.  Information that could be directly associated with you, or used to contact or identify you, without the aid of additional information, including, without limitation, information: (a) you provide us when you create an Account such as name, e-mail address, telephone number, or any other information the Platform collects that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline; and (b) depending on which services you choose to use, we may require additional information, such as payment information (including billing address, phone number, credit card information), a mobile telephone number, and a physical mailing address (collectively “Personal Information”).
  • Usage Information.  Information that is not Personal Information, but that relates to your usage of the Platform or that is necessary for the proper functioning or improvement of the Platform, including: (i) times and dates and the extent of your usage of the Platform; (ii) time zone, language, screen resolution, and other usage preferences you select when using the Platform; (iii) device keyboard settings; (iv) usage history such as areas and pages within the Platform that you access or use and/or which buttons in the Platform you click on and the Platform Content you view and otherwise interact with; (v) search terms you type in on the Platform; (vi) the URL that may have referred you to the Platform; (vii) the search terms you entered into a search engine or app store that may have led you to the Platform; (viii) the mobile platform or service provider you use; and (ix) other device and Platform access information such as your browser type, operating system, IP address, referring/exit pages, and other unique device identifiers, as well as your push notification token.
  • Behavioral Information.  Your Registration Data, which we link with your activity on the Platform across all your devices using your email, related Users based on your Platform behavior, and opt-ins and communication preferences.
  • Location Data.  We collect information about your approximate location, including location information based on your SIM card and/or IP address.  With your permission, we may also collect precise location data (such as GPS).
  • Third Party Information.  Information about you that we may receive from third parties.  For example, we may supplement certain information that we collect from you with outside records, or third parties may provide us with information about you in connection with a co-marketing agreement.
  • Customer Support.  We collect information that you provide to us, including any Personal Information, when you contact us for customer-support purposes.

While certain types of information described above, such as Usage Information and Third-Party Information, are generally non-identifying on a standalone basis, we may in certain instances combine this information with other information collected on the Platform, as described above.  If we ever combine non-identifying information with Personal Information or other information that enables you to be identified, we will treat such combined information as Personal Information.  We do not currently use your Personal Information for automated decision making which produces legal effects concerning you or similarly significantly affects you.

  1. European Union Users

European Union data protection law requires a “lawful basis” for collecting and retaining Personal Information from citizens or residents of the European Economic Areas (“EEA”).  Our lawful basis for collecting such information about you is permitted under Article 6, Sections 1(a), 1(b), 1(c) and 1(f) of the EU general data protection regulation 2016/679 (“GDPR”), which are summarized below.

  • Consent:  In certain cases, you have affirmatively provided us with your consent to collect your Personal Information for a specific purpose, such as providing your email address when you create your Account, or making certain User Content publicly available on the Platform.
  • Contract:  We may need your Personal Information to comply with our contractual obligation to deliver the Platform, such as fulfilling any future subscription based, or other transactional, services.
  • Legal Obligations:  Sometimes the law requires us to collect and use your Personal Information, such as applicable tax laws that may require us to retain records of payments made through the Platforms.
  • Legitimate Interests:  This is a technical term that means we have a good and fair reason to use your Personal Information and we do so in ways which do not harm your interests and rights, such as to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom, or interests.  For example, we (i) use identity, device, and location information to prevent abuse of the Platform by Users and to keep the Platform secure, (ii) may also send you promotional communications about our Platform and services subject to your right to opt-out, and (iii) analyze how Users interact with our Platform or other Users (although we are not obligated to do so) so we can understand better what elements do or do not work well, what services/functionalities may be necessary or desirable to provide you with the best User experience on the Platform, and to ensure the safety and security of the Platform, which allows us to improve and develop the quality of the online experience we offer all our Users.
  1. Use of Information

We may use the information we collect about/from you to:

  • Identify you and potentially improve and/or customize the Platform
  • Send you administrative notices or Account notifications
  • Send you requested service and other Platform information
  • Address inquiries and respond to customer service requests, questions and comments
  • Administer your Account and manage your Account profile information
  • Send you newsletters and mail (including email)
  • Send you more relevant marketing communications and general Platform information/updates
  • Analyze Platform usage and other trend data
  • Create a more personalized User experience and customize certain content you see on the Platform
  • Identify trends, conduct data analysis and determine the effectiveness of our marketing and promotions and other service offerings
  • Improve your User experience and increase the efficiency and effectiveness of the Platform service and functionality offerings
  • Maintain security
  • Enforce our Terms of Use and applicable law
  • Solicit feedback, reviews, and other information regarding your experience with the Platform, including, without limitation, with respect to certain features and functionalities that you would like to see on the Platform, or that we have recently rolled out onto the Platform
  • Test new features, service offerings and functionalities on the Platform
  • Other purposes that we believe are necessary to protect our rights and the rights of others, or as otherwise described to you at the time of collection

We may also use certain collected information on an aggregated and/or anonymized basis in order to conduct market research, engage in project planning, for troubleshooting purposes, to help detect and protect against error, fraud or other criminal activity.

  1. Email Notifications and Opt-Out

We maintain a strict “no-spam” policy.  Unless you requested otherwise in your Account settings at the time of your initial registration or specifically opt-out as provided herein, by accepting the Terms of Use and this Privacy Notice, you expressly agree that we may use your information to contact you by email in order to deliver you information that is relevant to your use of the Platform such as administrative notices, product/service enhancements or “newsletters”, or that, in some cases, is targeted to your interests, such as information about artwork on the Platform or service/functionalities offerings that we believe you may be interested in learning more about.  You may choose to stop receiving these email communications from us by following the instructions included in such communications or by accessing your Account via the Platform and changing your email notification and communications preferences.  If a third party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided by such third party.  If you are having problems unsubscribing, please contact us at info@Holycrossar.coms.com (forwarding the newsletter, if applicable, and including in the Subject line the words “Unsubscribe”), and you will be removed within seven (7) business days.  Please note that we will not process any unsubscribe requests submitted as direct replies to any newsletter.  Notwithstanding the foregoing, Users will not be able to opt-out of receiving email communications that are delivered to provide a written record of a purchase or sale of product(s) on the Platform.

  1. How We Share Your Information

We may share aggregated usage information and may otherwise disclose non-Personal Information that we collect to third parties.  However, absent your prior consent, we will share your Personal Information with third parties only in the ways that are described in this Privacy Notice, including as set forth below, and we do not otherwise sell your Personal Information to third parties.

  • We may use third parties to outsource one or more aspects of our business and/or Platform operations (such as payment processing, shipping of products, customer service functions, data processing, web analytics, and maintenance), in which case, we may provide access to your Personal Information to such third parties in connection with the performance of such activities.  Such third parties will only use your Personal Information to the extent necessary to perform their functions and will be contractually bound to process your Personal Information only on our behalf and in compliance with our requests.
  • In the event that we undergo re-organization, are sold to or merged with a third party, or sell all or substantially all of our assets, any Personal Information we hold about you may be transferred to that re-organized entity or third party in compliance with applicable law.
  • In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
  • In addition to the foregoing, we also reserve the right, and you hereby authorize us, to share or disclose (including, without limitation, to law enforcement agencies, public authorities, governmental departments, or other similar organizations) information we collect, including your Personal Information, and any other information, records or electronic communications of any kind, when we determine (in our sole discretion), that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
    • you are or may be violating the Terms of Use or this Privacy Notice, or if otherwise necessary to enforce our Terms of Use or other policies governing the Platform;
    • you are interfering with our or any third party’s rights or property;
    • you are violating any applicable law, rule or regulation;
    • necessary or required by any applicable law, rule or regulation, including a subpoena or similar legal process or request/order;
    • necessary or required for purposes of public importance, to protect our rights, protect your safety or the safety of others, investigate security, technical issues or fraud, or respond to a government request; and/or
    • requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency;
    • necessary to support any audit, or to comply with similar corporate governance functions; or consented to by you.
  1. Cookies and Other Tracking Technologies

We may use cookies, for example, to keep track of your preferences and Account profile information, or to engage in certain retargeting activities that we feel will better enhance your User experience and the efficiency and effectiveness of the Platform and certain services and functionalities offered thereon.  Cookies are also used to collect general usage and volume statistical information that does not include Personal Information.  We may also use another company or third-party service to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about Users of the Platform.

Cookies are small pieces of information that are stored as text files by your Internet browser on your computer's hard drive.  Most Internet browsers are initially set to accept cookies.  You can set your browser to refuse cookies from websites or to remove cookies from your hard drive, but if you do so, you may not be able to access or use portions of the Platform, or certain offerings on the Platform may not function as intended or as well.  Also, some browsers have “do not track” features that allow you to tell a website not to track you.  These features are not all uniform.  If you block cookies, certain features on the Platform may not work. If you block or reject cookies, not all of the tracking described herein will stop.  Please note that certain options you select are browser- and device-specific.

A more detailed list of the cookies we currently use and how we use, or may use, them are as follows:

  • Security:  We secure the Platform with cookies that facilitate security features and allow us to detect activity that might violate our rules and Terms of Use, such as unauthorized access or activity.
  • Localization:  We use some cookies to help us provide localized experiences, such as displaying the Platform in the local language.
  • Platform Features and Services:  We use certain cookies to provide greater functionality to the Platform and help us deliver our products and services.
  • Performance:  We use performance cookies to help us route traffic between servers and understand how the Platform is performing so we can provide users with the best experience possible.
  • Analytics and Research:  We use certain cookies and other technologies also help us to understand, improve, and research features and content on the Platform.
  1. Web Beacons

Our Platform may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Platform is used.

We use third parties to gather information about how you and others use the Platform.  For example, we will know how many Users access a specific page and which artwork or prints they clicked on that are available for sale.  We use this aggregated information to understand and optimize how the Platform is used.

  1. Do Not Track Requests

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit.  There is no consensus among industry participants as to what “Do Not Track” means in this context.  Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

  1. Link to Third Party Websites

The Platform may include links to other websites, mobile applications or services (“Third Party Sites”), whose privacy practices may differ from those set forth herein.  Such links are not an endorsement by Company of those Third Party Sites and/or the products or services they offer.  If you visit Third Party Sites or submit Information to any of those Third Party Sites, your visit and Information is governed by their privacy statements.  We encourage you to carefully read the privacy statement of any Third Party Site you visit, as it may differ substantially from that of this privacy statement.  Company makes no representations or warranties with respect to, nor is Company responsible for the privacy policies of, any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Platform, you do so at your own risk.

  1. Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other promotions through the Platform (each of the foregoing offers, a “Promotion”) that may require registration.  By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion.  If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

  1. Your Rights

In certain circumstances you have the right to access the Personal Information that we collect/hold about you and to correct, update, or request deletion your Personal Information.  Prior to the fulfilment of your request concerning your Personal Information, we will ask you to verify your identity before we can act upon your request.

You have the following rights:

  • The right to require free of charge (i) confirmation of whether we process your Personal Information and (ii) access to a copy of the Personal Information retained;
  • The right to request proper rectification, removal or restriction of your Personal Information;
  • Where processing of your Personal Information is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the Personal Information concerning you in a structured, commonly used and machine-readable format or to have your Personal Information transmitted directly to another company, where technically feasible (data portability);
  • Where the processing of your Personal Information is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal or to any other existing legal justification of the processing activity in question;
  • The right not to be subject to any automatic individual decisions which produces legal effects on you or similarly significantly affects you; and
  • The right to take legal actions in relation to any breach of your rights regarding the processing of the Personal Information, as well as to lodge complaints before the competent data protection regulators.

As far as we process your Personal Information on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis in the sections above. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Information and decide whether to adjust the processing accordingly.

Other California Privacy Rights

Under California’s “Shine the Light” law (Civil Code Section § 1798.83) California residents, once a calendar year, may be entitled to obtain information about Personal Information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.  To make such a request, please contact us at legal@Holycrossar.com.com.

  1. Storage of Information

We make no representation or warranty with respect to any duty to permanently store any information you may provide or that we otherwise collect about you.  We strive to keep our processing activities with respect to your Personal Information as limited as possible.  In the absence of specific retention periods set out in this Privacy Notice, we will retain the information we collect from or about you only as long as necessary to provide you with the Platform or our services, which includes for the duration of, but could extend beyond, your active participation on the Platform, or as otherwise set forth in this Privacy Notice, and to the extent set out in this Privacy Notice and as necessary to comply with our legal and/or statutory obligations, resolve disputes, enforce our agreements, and protect our legal rights.  Additionally, we may retain indefinitely any aggregated, anonymized, or pseudonymized information which we may collect and maintain, and may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format.  By using the Platform and providing us with information (including Personal Information), you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties.  We may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format.  This Privacy Notice applies to your information for as long as your information is in our possession, even if you terminate or discontinue your use of the Platform.

  1. Security

The security of your information is important to us, and we take steps to ensure that your information, both during transmission and once we receive it, is treated securely and in accordance with this Privacy Notice.  However, no method of transmission over the Internet is 100% secure, and the complete and absolute security of any information collected, stored or used by us cannot be guaranteed.  Although we will do our best to protect your Personal Information, for example, by encryption, and mitigate the nature of security risks, which are constantly evolving, we cannot guarantee the security of your information transmitted through the Platform; any transmission is at your own risk.  In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

  1. Updates; Notification of Privacy Notice Changes

We may update this Privacy Notice to reflect changes to our information practices from time to time in our sole discretion.  If we make any material changes to this Privacy Notice, we will notify you by posting such changes on the Platform prior to the change becoming effective.  We will also update the “Last Updated” date at the top of this Privacy Notice, which reflects the effective date of such Privacy Notice, and we encourage you to periodically review this Privacy Notice for the latest information on our privacy practices.  Once a change becomes effective, your continued use of the Platform and/or creation of an Account shall automatically constitute your acceptance of such changes.

  1. Contacting Us

In the event that you wish to make a complaint or request concerning your Personal Information or our privacy practices, or have questions, concerns or comments about this Privacy Notice, please contact us by email at legal@Holycrossar.com.com and we will endeavor to deal with your request as soon as possible.  This is without prejudice to your right to launch a claim with your data protection authority or follow the dispute process set forth in the Terms of Use.