Privacy Policy


Erin Keary, LLC recognizes the importance of your personal information.  This Privacy Policy governs the manner in which Erin Keary, LLC (“Erin Keary”) collects, uses, maintains and discloses information collected from users (each, a "User") of the www.erinkeary.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Erin Keary. By accessing the Site, registering as a User, or by otherwise submitting your personal information to us, you give your consent to the collection and use of personal information as explained in this Privacy Policy.


Non-Personal Identification Information


We may collect non-personal identification information about Users whenever they interact with our Site.  Non-personal identification information may include, for example, the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.


Personal Identification Information


We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, or credit card information. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, or visit our Site anonymously, except that it may prevent them from engaging in certain Site related activities.


Web Browser Cookies


Our Site may use "cookies" or similar technologies  to enhance the User experience, as well as to analyze trends, administer the Site, and to gather demographic information about our user base as a whole. A User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.


We may elect to use third-party advertising companies, such as Google, to serve or track ads on our web site and other websites. These companies may use non-personally identifiable information about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services that may be of interest to you.


How We Use Collected Information
    •    To personalize user experience - We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

    •    To improve our Site - We continually strive to improve our website offerings based on the information and feedback we receive from you.

    •    To process transactions - We may use the information Users provide about themselves when placing an order only to provide service to that order. This includes, but is not limited, to, the processing, or assigning the rights to, the transaction, and shipping of products.  We do not share this information with outside parties except to the extent necessary to provide the service.

    •    To administer a content, promotion, survey or other Site feature

    •    To send Users information they agreed to receive about topics we think will be of interest to them.

    •    To send periodic emails - The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the User may contact us via our Site.

    •    Legal obligation - In some cases, we may have a legal obligation to collect personal information from you.  

    •    To share your information with third parties - We may share information with third party sites and services for marketing, analytics, to enforce our legal and contractual rights, and/or to protect the rights, property or safety of Erin Keary, LLC or others, including exchanging information for fraud protection. 

The Site may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Site. Any information submitted by you to a third party will be controlled by that third party’s privacy policy, which may differ from this Privacy Policy. This Privacy Policy does not cover the collection of information by cookies or other methods by such third party services or other third parties, such as our business vendors. We do not control how these third party services or third parties collect information or by what means such third party services or third parties may use their own cookies to collect information about you. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.  We encourage you to review the privacy policy of any company before submitting your personal information.


Personal data that we collect and/or process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes, or as is necessary for compliance with a legal obligation to which we are subject.
Where we process personal data about you in conjunction with the supply of our products, we retain that personal data for as long as necessary to provide the products and fulfill the transactions our clients have requested, or for other purposes such as complying with our legal or regulatory requirements, resolving disputes and enforcing our agreements. The criteria used to determine the retention periods include whether your personal data is still needed to provide, maintain or improve the performance of our products and services, you requested that your personal data be deleted, we have determined a specific retention period for certain types of data, you have provided your consent (where applicable), and have not withdrawn your consent.


Further, if you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our products or services.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
We reserve the right to use or disclose your personal information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process


Shopify


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.


Payment

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways 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 credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service.

How we protect your information


We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.


Unfortunately, the transmission of information via the Internet is not completely secure. We will do our commercially reasonable best to protect your personal data, but we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to try to prevent unauthorized access.


If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Site in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.


Compliance With Children's Online Privacy Protection Act


Visitors under 13 years of age are not permitted to use and/or submit their personal information on the Website. We do not knowingly solicit or collect information from visitors under 13 years of age. If you are under 13 years of age, please do not submit any information to us. In the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information. 


California Privacy Rights


California law permits residents to ask us for a list of personal data we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. If you are a California resident and would like a copy of this notice, please contact us at studio@erinkeary.com. This request can be made once a year, free of charge, for the prior calendar year. The notice will itemize the information collected along with the third parties and affiliates it was shared with, and the third parties and affiliates’ names and addresses.

International Visitors


The Site may be accessed and/or used by Users located outside the United States in accordance with the policies and procedures posted on the Website. If you choose to access the Website from the European Union (EU) or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States and by providing your personal information on or through the Website you consent to that transfer.  

Assignment


In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personal information collected via the Site.


Changes to this privacy policy


Erin Keary, LLC has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.  Your continued use of the Site after such updates constitute to the collection and use of your information as described in the then-current Privacy Policy.


Dispute Resolution And Choice Of Law


By using the Site, you and ERIN KEARY, LLC agree if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.


Both you and Erin Keary, LLC agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS BEFORE AN ARBITRATOR IN SAINT LOUIS, MISSOURI.  ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its commercial arbitration rules then in effect before one arbitrator to be mutually agreed upon by both parties.


The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.
This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of Missouri, without giving effect to any conflict of law principles.  The sole and exclusive venue for the resolution of any Dispute shall be Saint Louis, Missouri, and you consent to personal jurisdiction in Missouri.
The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).


Your acceptance of these terms


By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.


Contacting us


If you have any questions about this Privacy Policy, the practices of this site, your dealings with this site, or if you wish to opt-out of any of the information sharing discussed above, please contact us at the following address:


Erin Keary, LLC
Attn: Website Management
3232 Clifton Ave, P.O. Box 6094
Saint Louis, Missouri 63139
or via the link on our Site at
www.erinkeary.com; or
via email at studio@erinkeary.com


Last Revised: July 13th, 2020