www.kellymadden.com

This website acts as an online portfolio and artwork sales site for Kelly Madden.

The privacy policy has been compiled to better serve those concerned with how their ‘Personally Identifiable Information' is being used online. This information can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully for a clear understanding of how we collect, use, protect or otherwise handle your 'Personally Identifiable Information' in accordance with our website.

Kelly Madden (“Kelly Madden,” “our,” “us,” or “we”) provides the kellymadden.com website and various related services (together, the “Site”). This Privacy Policy describes how Kelly Madden collects, uses and discloses the personal information we receive through your use of the Site. When you use the Site, you give your permission to allow us to collect, transfer, manipulate, store, disclose or otherwise use your email address or other personal information as described in this Privacy Policy. You agree to this Privacy Policy by accessing or using the Site. This Privacy Policy applies to Kelly Madden only. It does not apply to entities and third parties that Kelly Madden does not own or control.

What personal information is collected from visitors to the website?
When ordering or commenting on the site, as appropriate, you may be asked to enter your name, email address, mailing address, and/or credit card information.

When is information collected?
We collect information when you register on the site, place an order, subscribe to a newsletter, browse the website or enter information on our site using a comment or contact form.

How is your information used?
We may use the information collected in the following ways:
• To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve the website in order to better serve you.
• To allow better services to you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
• Follow up Communications for correspondence (live chat, email or phone inquiries).
• Visitor comments may be checked through an automated spam detection service.

How is your information protected?
The website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to the site as safe as possible.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order to maintain the safety of your personal information. All transactions are processed through a gateway provider (PayPal or Stripe) and are not stored or processed on our servers.

How long is your information kept?
If you leave a comment, the comment and its metadata are retained indefinitely. This helps to recognize and approve any follow-up comments automatically. Customer purchase records are kept for a minimum of 6 years to comply with legal requirements.

What rights do you have over your data?
If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Cookie & Web Beacon Policy
Are ‘cookies’ used on the site?
Yes. A cookie is a small string of information that is sent by a web site and stored on your hard drive or temporarily in your computer or other device’s memory to make the Site easier to use and the user experience more efficient. The law states that we can store cookies on your device if they are strictly necessary for the operation of this page. Cookies enable the site’s or service provider’s systems to recognize your browser to capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Are ‘web beacons’ used on the site?
Yes. Web beacons are invisible images used to recognize users and assess traffic patterns; they do not use your name, email address or any other personal identifiable information. This privacy statement covers the use of cookies by Kelly Madden only and does not cover the use of cookies or web beacons by any third-parties.

User Device, Browsers and Log Data
Kelly Madden may receive information about the particular device you are using for Kelly Madden, such as type of computer, mobile phone, computer tablet or other device. We may also receive information about your browser type, location, and Internet Protocol address, pages you visit or have visited, search terms, referring domain and interactions with advertisements.

While you visit the site, the following is tracked:
• Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed.
• Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping.
• Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order.

Cookies are also used to:
• Help remember and process the items in your shopping cart.
• Understand and save user’s preferences for future visits.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since the browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you leave a comment on the site you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit the login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, cookies are used to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If users disable cookies in their browser:
If you turn cookies off it will turn off some of the features of the site.

Third-Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information.

Third-Party Links
Occasionally, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We accept payments through PayPal and Stripe. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information. Please see the Paypal policy for more details: Paypal Policy

Embedded content from other sites
Some page of this site may include embedded content from other sites; for example Vimeo or YouTube videos. In that case, when the user plays the video, it behaves exactly the same way as if the visitor had visited the other site.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are connected to that website.

Google
We, use Google Analytics to help understand how visitors use the website. Learn about Google’s terms → here.

Privacy
You can change or review your personal information by emailing us at kellyjmadden@gmail.com.

Does our site allow third-party behavioral tracking?
Third-party behavioral tracking (Meta (Facebook) pixel) is allowed. Kelly Madden, however, is not responsible for any failure by Meta to keep your personal information private.
This website does not specifically market to children under the age of 13 years old.

Email addresses are collected in order to:
• Send information, respond to inquiries, and/or other requests & questions
• Process orders and send information and updates pertaining to orders
• Send you additional information related to your product and/or service
• Market to our mailing list or send emails to our clients after the original transaction has occurred

We agree to the following:
• Not use false or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third-party email marketing services for compliance, if one is used
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, →
click here to e-mail us. Or, follow the instructions at the bottom of each email to unsubscribe. We will promptly remove you from ALL correspondence.

International Transfer
Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Kelly Madden transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Changes to this Policy
We may change or revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will be at https://kellymadden.com/privacypolicy.html. You acknowledge and agree that it is your responsibility to review the Privacy Policy from time to time and to familiarize yourself with any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact
If there are any questions regarding this privacy policy, you may contact us here: kellyjmadden@gmail.com

Privacy Policy was last updated: August 31, 2023
Privacy Policy is effective as of: July 1, 2022

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TERMS OF USE

1 Agreement to Terms

1.1 These Terms and Conditions constitute an agreement made between you and Kelly Madden "Art" located at Richardson, Texas, 75080, USA (we, us), concerning your access to and use of the Kelly Madden website (http://www.kellymadden.com) as well as any related applications (the Site).

1.2 The Site provides the following: Online portfolio to show artwork and purchase of original art and prints from us as well as educational courses. You agree that by accessing the Site, you have read, understood, and agree to be bound by these Terms and Conditions.

1.3 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

1.4 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you; you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

1.5 We reserve the right to change these conditions from time to time; your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check to determine whether the conditions have been changed.

2 Acceptable Use

2.1 All copyright is retained by the artist, Kelly Madden. Images must not be resold or reproduced without the artist’s written permission.

2.2 No part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3 Content

3.1 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

3.2 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

3.3 Every care has been taken to show the artwork as accurately as possible with regard to size and colour. The image you see may be different due to slight variation between browsers, devices and screen settings. Any variation between the image represented and the actual artwork is not deemed a fault and such inconsistencies will not be a valid reason for return.

3.4 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

4 Links to third party content

4.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for any third party websites or applications or their availability or content.

4.2 We accept no responsibility for adverts or links contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk.

4.3 The Site may contain affiliate links which will grant us a commission if you purchase from those sites.

5 Sales

5.1 Artwork listed may be withdrawn from sale at any point by the artist for reasons such as, but not limited to, sale elsewhere, private collections or withheld for exhibition display.

5.2 If you purchase physical goods from the Site, our terms and conditions of supply will apply to the sales.

6 Security of Data

6.1 We will take all reasonable care, what is in our power to do so, to keep the details of your order and payment secure. We use a secure external payment process. In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when ordering from the website.

Additional policies which also apply to your use of the Site include:

Our Privacy Notice is here. Google Privacy & Terms: , which sets out the terms on which we process any personal data we collect or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

7 Site Management

7.1 We do not guarantee that the Site will be secure or free from bugs or viruses.

7.2 You are responsible for configuring your information technology, computer programs and platform to access the Site and use virus protection software.

PURCHASING & SHIPPING
We want you to be happy with your new art. If you have any questions please contact us in advance at: kellyjmadden@gmail.com

Every care has been taken to show the artwork as accurately as possible with regard to size and color. The image you see online may show a difference due to slight variations between browsers, devices, and screen settings. Any variation between the image represented and the actual artwork is not deemed a fault and slight inconsistencies will not be a valid reason for return.

ORDERING
How are payments handled?
Payments are processed via PayPal in US Dollars. It is not required to have a PayPal account to purchase works; you can use the PayPal service to pay with your regular debit or credit card. We do not store any of your debit/credit card details.

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