Privacy Policy

This Privacy Policy (“Policy”) describes how Laura K Smith Paintings (“LKSP” or “I” or “my”) collects, stores, shares, and uses personal data, and your choices about privacy when you use my website, including the LKSP Web Shop, which is accessible at: https://lauraksmithpaintings.com/. Your privacy is important to me, and I ask that you read this Policy carefully to be informed about my practices.

This Policy is part of my Terms and Conditions, which can be viewed at: https://lauraksmithpaintings.com/terms-and-conditions/. Any capitalized terms that are used but not defined in this Policy have the same meaning given to them in my Terms and Conditions. By accessing or using the LKSP Web Shop in any way, you agree that your information may be collected, stored, shared, and used as described in this Policy and my Terms and Conditions.

By using my website, including the LKSP Web Shop, you consent to the collection, use and sharing of your personal data as outlined in this Policy. You may withdraw consent at any time in writing, however such withdrawal does not negate my right to process your data prior to your withdrawal.

When this privacy policy applies

This Policy applies to the entirety of my website, including the LKSP Web Shop, regardless of how you use it. This Policy applies to how I collect, process, store, share, and use personal data. This Policy does not apply to any entity that I do not own or control, or to any person that I do not employ or manage. If, at any time during the course of using my website, including the LKSP Web Shop, you are directed to a third-party site, you understand and agree that the policies of the third-party site govern.

Definition of personal data

Under this Policy, “personal data” means any information relating to an identified or identifiable natural person (for example, a person’s name, email address, postal address or phone number). Personal data does not include information that has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person.

Types of personal data I process

Personal data you provide: I may collect and process the personal data that you provide (such as name, email address, home address, phone number) or otherwise make available to me when you access or use my website, including the LKSP Web Shop, including when you:

  • fill in any forms, such as when you register for an account or update your account or User profile information;
  • access or use the LKSP Web Shop, such as when you search for or view artwork or other items, or perform transactions, or communicate with me (this can include the personal data you provide on or through the LKSP Web Shop, and personal data about how you access or use the LKSP Web Shop, such as which features you use and when you use them);
  • communicate with me.

Personal data collected automatically: I may automatically collect certain personal data about how you access or use my website, including the LKSP Web Shop. By using my website, including the LKSP Web Shop, you consent to the collection and processing of that personal data. Examples include but are not limited to: internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.

Personal data from cookies, web beacons and similar technologies: I may collect personal data through the use of cookies, web beacons and similar technologies. These technologies help me to operate, improve and customize my website, including the LKSP Web Shop. I may also use third-party service providers (such as analytics or ad providers) that may use cookies, web beacons and similar technologies to help operate their services. Your browser may have settings that allow you to decline cookies, but please note that you will be denied access to the LKSP Web Shop if you do so. For more information about cookies, web beacons, similar technologies, and how they are used, please see my Cookie Policy, available at https://lauraksmithpaintings.com/cookie-policy/.

Personal data from other sources: I may obtain personal data about you from third-party partners (such as other companies with which I may jointly offer services or conduct promotional events), third-party service providers, credit bureaus or other sources, including but not limited to demographic information, contact information, open data, publicly available data and credit check information. I may use this personal data for legitimate business purposes, including the performance of a contract, customer support, fraud prevention, and credit-related decisions in connection with the operation of my website, including the LKSP Web Shop, along with other purposes described in this Policy.

Personal data from mobile use: When you access my website, including the LKSP Web Shop, on a mobile device, for example, when you visit my website from a mobile browser, I may obtain personal data about your location and mobile device, including a unique identifier for your device which personal data may be used for legitimate business purposes. Along with the other purposes described in this Policy, I may use this personal data in order to customize my website, including the LKSP Web Shop, for your location. Most mobile devices let you disable location services, and your choices for location services may vary depending on your mobile device.

How I use the personal data I collect and the reasons for doing so

The personal data I collect helps me to operate, improve, protect, and customize my website, including the LKSP Web Shop. The personal data I collect also helps me to provide customer support and make my website, including the LKSP Web Shop, more efficient for you.

For the sake of transparency, it is my responsibility to outline for you the legitimate business purposes for the collection of personal data and the reasons why I do so, in order for you to make an informed decision regarding the use of my website, including the LKSP Web Shop.

In addition to the other uses of personal data described in this Policy, I may use all of the personal data that I obtain from or about you for the following purposes and reasons:

  • to allow you to use my website, including the LKSP Web Shop (reason: legitimate business purpose and performance of a contract);
  • to provide you with customer support (reason: legitimate business purpose);
  • to facilitate your communications or transactions with me (reason: to receive consent, and for legitimate business purpose);
  • to operate, improve, and customize my website, including the LKSP Web Shop, and to understand how you use and interact with my website, including the LKSP Web Shop (reason: legitimate business purpose);
  • to develop and display customized ads to you on or off my website, including the LKSP Web Shop (reason: to receive consent, and for legitimate business purpose);
  • to promote and maintain a trusted, safer, and more reliable environment on my website, including the LKSP Web Shop, for example: to help detect, prevent or otherwise address fraud, security or technical issues, conduct investigations or risk assessments, or verify actions taken by you or associated with your account (reason: to protect the public interest and for legitimate business purpose);
  • to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to address issues with your account or use of my website, including the LKSP Web Shop, collect payment for items you purchased, send you updates about my website, including the LKSP Web Shop, or for other purposes permitted by law (reason: performance of a contract and for legitimate business purpose);
  • to contact you (by email, postal mail, telephone, mobile devices, SMS text message, or as otherwise authorized by you) in order to send you marketing communications, promotional messages, and offers about my website, including the LKSP Web Shop (see below for information on how to opt out of receiving certain communications from us) (reason: to receive consent, and for legitimate business purpose);
  • to facilitate your participation in contests, sweepstakes or other promotional events sponsored or conducted by me or by others in conjunction with me (reason: performance of a contract);
  • to comply with my legal obligations, resolve disputes, or enforce my Terms and Conditions or any other LKSP policies or agreements with users of my website, including the LKSP Web Shop (reason: compliance with a legal obligation); and
  • to perform other functions as described when the personal data is collected or requested, or for other purposes with your prior consent (reason: legitimate business purpose).

Communication preferences

I provide users of my website with the possibility to subscribe to my blog, which is accessible at: https://lauraksmithpaintings.com/blog/. When you subscribe, you will receive emails from me notifying you of new blog posts. You can unsubscribe by following the unsubscribe link in the most recent email you received or by emailing me at laura.k.smith48@gmail.com. If you unsubscribe, I may keep a record of any or all personal data associated with you or your subscription, as required or permitted by law, for purposes consistent with this Policy.

When you purchase an item on the LKSP Web Shop, you have the possibility of creating an account (an ‘LKSP account’). To create an LKSP account, you will need to provide a valid email address. It is your responsibility to update all such information as necessary to keep it accurate and current. You can change your details on this page: https://lauraksmithpaintings.com/my-account/edit-account/. You can delete your account by emailing me at laura.k.smith48@gmail.com. If you terminate your account, I may keep a record of any or all personal data associated with you or your account, as required or permitted by law, for purposes consistent with this Policy.

You may not be able to opt out of receiving some communications from me, such as email about your account, your relationship with me, or your transactions with me.

Data Retention

I will keep and use your personal data as described in this Policy for (i) as long as your account is in use, is open, or is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims.

Notwithstanding the above, I will retain personal data provided in the context of a pending, failed or cancelled order on the LKSP Web Shop for a period of two years, and I will retain personal data provided in the context of a completed order on the LKSP Web Shop and Stripe-related personal data, such as but not limited to your Stripe Customer ID, for a period of five years.

If you would like to request the deletion of your personal data, contact me at laura.k.smith48@gmail.com.

With whom do I share personal data?

I will only share your personal data with others in the ways described in this Policy, or otherwise with your prior consent. In addition to the other sharing of personal data described in this Policy, I may share your personal data with others in the following contexts:

  • Service Providers: I contract with third-party service providers, including Printful, WordPress, Tidio, Sendcloud, Yoast, Mailchimp and WooCommerce, that help me operate and improve my website, including the LKSP Web Shop, and help me fulfil orders made on the LKSP Web Shop, or that perform services for me related to my website, including the LKSP Web Shop. These third-party service providers may process your personal data as necessary to perform those functions for me. Examples may include but are not limited to: identity verification, document authentication, public database review, order fulfillment, package delivery, payment processing, bill collection, fraud investigation, email and postal mail administration, customer service assistance, web and mobile data analytics, display ads, and server and database hosting services. For the avoidance of doubt, I do not sell your personal data to third-party service providers.
  • Payment Processing: I use third parties, including Stripe, to gather your personal data from financial institutions. By using my website, including the LKSP Web Shop, you grant my third-party providers the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution according to terms of such third-party providers’ privacy policies and service terms.
  • Legal Purposes: I may access, preserve, and disclose your personal data and/or other data if I believe that such access, preservation or disclosure is reasonably necessary to: (i) comply with any law, regulation, legal process or governmental request (such as search warrants, subpoenas or court orders), which may include responding to legal requests from jurisdictions outside Belgium; (ii) enforce my Terms and Conditions or my other policies or agreements with users of my website, including the LKSP Web Shop, or investigate potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) protect or enforce the rights or property of LKSP, you, or any other person or entity; or (v) prevent physical harm to any person, including situations involving possible violence or self-harm.

Aggregated and non-personal data

I may aggregate and/or make anonymous any personal data that I have obtained in any way from or about you or others so that such data no longer contains any personal data. I may use and share any aggregated, anonymous or other non-personally identifying information for any legitimate business purposes, including research and development, marketing, and to inform others about how my website, including the LKSP Web Shop, is engaged with or used.

Other websites and services

My website, including the LKSP Web Shop, may include links to other websites or services that I do not own or control, and other websites or services that I do not own or control may include links to my website, including the LKSP Web Shop. My website, including the LKSP Web Shop, may also include features that enable you to link your user account to your account on other social media services. For example, you may be able to create a LKSP account through another social media service. My website, including the LKSP Web Shop, may also include features that enable you to share content on other websites and social media services. However, these links and features are not an endorsement by me of any other websites or services, or any of their privacy policies or practices. When you visit or use other websites or services, they may collect personal data from you, including through the use of cookies, web beacons or similar technologies. I encourage you to read the privacy policies of other websites and services that you visit or use to be informed of their practices.

International processing

I am based in Belgium. Service providers and other third parties you may interact with in connection with my website, including the LKSP Web Shop, may be located in other countries, including countries that are not a Member State of the European Union. By accessing or using my website, including the LKSP Web Shop, you agree that your personal data may be transferred and processed in any other country or jurisdiction.

Security

Every LKSP account is protected by a password to help maintain privacy and security on my website, including the LKSP Web Shop. If you register for an account, I urge you to use a strong password containing unique numbers, letters and special characters, and to protect the confidentiality of your password at all times. If you suspect or become aware of any unauthorized access to or use of your account or password, you agree to immediately notify me and change your password.

Please note that while I seek to protect your information and maintain the security of my website, including the LKSP Web Shop, due to the possibility of hardware or software failure, unauthorized entry or use and other factors, I cannot guarantee the security of any personal data, whether online or offline. Any transmission of personal data is at your own risk. Please also note that any personal data you provide to me via email is unencrypted.

In the event of a personal data breach, I shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the competent supervisory authority, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. If a personal data breach is likely to result in a high risk to your rights and freedoms, I shall communicate the personal data breach to you without undue delay.

Statutory requests

Some jurisdictions have laws that give people the right to access or correct their personal data which a company has about them. I will honor any statutory right you may have to access or correct your personal data that I have in my records, and you can email such requests to laura.k.smith48@gmail.com. Once I receive your request, I will let you know if an administrative fee will apply to fulfill your request, as permitted by applicable law. However, please note that even if you have a legal right to request access to information or to correct information, as permitted by applicable law, I may reject requests that are unreasonably repetitive, would require disproportionate technical effort (for example, developing a new system or materially changing an existing practice), would jeopardize the privacy of others, or would be extremely impractical to fulfill (for example, requests to access information located on backup systems).

Dispute Resolution

As this Policy is part of my Terms and Conditions, any disputes involving you and me that relate to privacy or the use of your personal data, and that arise out of or are related to this Policy or the use of my website, including the LKSP Web Shop, will be subject to my Terms and Conditions, including any provisions regarding the limitation of damages and liability, choice of law, and dispute resolution.

Changes to this Privacy Policy

My business changes with time, and my Privacy Policy will change also. I reserve the right to change this Policy, including my Cookie Policy, without prior notice, at any time at my sole discretion. All changes to this Policy will be effective when posted on my website, or at such later date as may be specified in the updated Policy. By continuing to use my website, including the LKSP Web Shop, after any changes to this Policy become effective, you agree to such changes and the updated Policy. Unless I notify you otherwise, the current version of this Policy will apply to all personal data that I have about you or your account.

Contacting me

If you have questions or comments about my Privacy Policy or my privacy practices, or would like to update, delete, or request access to personal data I hold about you, you may contact me by email sent to laura.k.smith48@gmail.com.

January 2021