- 1. Introduction
- 2. Information We Collect and How We Use It
- 3. Email Policies
- 4. Disclosure of Your Information
- 5. Retaining and Deleting Your Information
- 6. Data Security and International Transfers
- 7. Choices About How We Use and Disclose Your Information
- 8. Tracking Technologies and Advertising
- 9. Children Under the Age of 13
- 10. Your California Privacy Rights
- 11. Exercising of Your GDPR Data Protection Rights
- 13. Contact Information
- 14. Miscellaneous Fine Print
Layman’s Summary: This covers what the policy is for – the website and emails. It says you can do things on the site like opt-out of emails. It also defines important terms used later.
2. Information We Collect and How We Use It
Legal Summary: This section details the types of personal information collected – identifiers, commercial information, usage data, contact form submissions, purchases – and how it is used, such as providing services, customization, analytics, communications. It discloses collection methods and purposes.
Layman’s Summary: This lists the kinds of personal data gathered – like your name, usage behavior, purchases – and how it’s used – to provide services, customize things, do analytics, send communications. It says how it’s collected and why.
3. Email Policies
Legal Summary: This section covers specifics around email practices, like not selling the email list, including opt-out links, and compliance with CAN-SPAM Act. It spells out email-related details.
Layman’s Summary: This part is about emails. It says your email isn’t sold or shared. Emails always have an unsubscribe link and follow anti-spam laws. This explains email practices.
4. Disclosure of Your Information
Legal Summary: This section identifies categories of third parties personal data may be disclosed to for purposes like providing services or complying with legal obligations. It discloses types of data sharing.
Layman’s Summary: This says when your personal info might be shared with others, like service providers, affiliates, and when legally required. It gives examples of who data goes to.
5. Retaining and Deleting Your Information
Legal Summary: This section outlines retention periods for different types of data and criteria used to determine them. It defines info lifecycles.
Layman’s Summary: This part discusses how long your personal data is kept – usage data for 1-3 years, account data for 7-10 years, etc. It explains how they decide retention periods.
6. Data Security and International Transfers
Legal Summary: This section summarizes security safeguards and risks, international data flows to service providers, and use of contractors. It discloses security practices.
Layman’s Summary: This says security steps are taken but no method is perfect. Data goes outside your country to service provider sites. Contractors might access data too. It tells about data handling.
7. Choices About How We Use and Disclose Your Information
Legal Summary: This section explains available privacy controls like opt-outs and ability to access/delete data. It defines user rights.
Layman’s Summary: This part covers your privacy choices – like opting out of emails, accessing your data, having it deleted. It tells options you have.
8. Tracking Technologies and Advertising
Layman’s Summary: This says cookies, pixels, and other tools track things like how you use the site and what interests you to customize ads. It details the tracking.
9. Children Under the Age of 13
Legal Summary: This section prohibits knowingly collecting data on children under 13 without parental consent. It imposes age restrictions.
Layman’s Summary: They won’t knowingly gather info on kids under 13 without parents ok’ing it first. This protects children’s privacy.
10. Your California Privacy Rights
Legal Summary: This section outlines rights of California residents under CCPA and other California privacy laws regarding personal data use/sale, discrimination, and minor protections. It defines state-specific rights.
Layman’s Summary: California residents have specific rights on things like selling data, discrimination based on exercising rights, kids’ data, and more. It explains California privacy rights.
11. Exercising of Your GDPR Data Protection Rights
Legal Summary: This section defines rights of EU residents under GDPR regarding their personal data and how to exercise them. It spells out European privacy rights.
Layman’s Summary: People in the EU have certain rights to control use of their personal data under European laws. It says how to use those GDPR rights.
Legal Summary: This section provides disclosures required by CCPA about categories of data collected, purposes, sharing, sales, and California consumer rights. It complies with California law.
Layman’s Summary: This part gives California-required details on data categories gathered, why, sharing and selling data, and California privacy rights from the other section. It meets California rules.
13. Contact Information
Legal Summary: This section provides company contact information for questions and exercising privacy rights. It facilitates communication.
Layman’s Summary: This has their contact info if you have questions or want to access your data. It tells how to get in touch.
14. Miscellaneous Fine Print
Legal Summary: This section contains boilerplate provisions regarding disclaimer of liability, governing law, venue, and changes to the policy. It establishes legal specifics.
Layman’s Summary: This part has standard legal things like not being liable for damages, what state’s law applies, updating the policy, etc. It’s just common legal details.
- * Details types of personal data collected through the website, email, services, and devices. This defines the information within scope.
* Explains uses like providing services, customization, analytics, communications, advertising, legal obligations, etc. This legitimizes data processing.
* Limits collection of children’s data and requires parental consent. This protects minors’ privacy.
* Outlines individual rights like opt-outs, access, deletion, and non-discrimination. This empowers user control.
* Provides notice of tracking methods like cookies and pixels for analytics/ads. This enables informed consent.
* Specifies retention periods based on data types. This limits data usage over time.
* Discloses security measures, international data flows, and risks. This is transparent about practices.
Lucid Moon Studio, LLC, respects Your privacy and is committed to protecting it.
This policy describes the kinds of information we may collect from You or that You may provide to us and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies when we are in control of how data is collected, stored, and processed. (When we are the data controller.) Including the information we collect:
● on our Website, including any subdomains
● in e-mail or other electronic messages between You and our Website
● via our email marketing service provider, such as Flodesk (or other email utility).
It does not apply to information collected by:
● us offline or through any other means
● any third-party content that may be linked to or be accessible from our WebsitePlease read this policy carefully to understand our policies and practices regarding Your information and how we will treat it.
Our Website incorporates privacy controls affecting how we process Your personal data. You can opt out of our email newsletter, request Your personal information, request to update and change Your personal information or request to delete Your personal information. You may make any of these requests by emailing firstname.lastname@example.org.
If You wish to opt out of our email newsletter, You can click the unsubscribe link or the change preferences link at the bottom of every email we send.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
● “Account” means a unique account created for You to access our Service or parts of our Service.
● “Business”, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
● “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Michael T. Sheridan, Esquire, LLC. For the purpose of the GDPR, the Company is the Data Controller.
● “Country” refers to United States of America.
● “Consumer”, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
● “Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
● “Data Controller”, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
● “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
● “Do Not Track” (DNT)” is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
● “Personal Data” is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
● “Sale”, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
● “Service” refers to the Website.
● “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
● “Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
● “Website” refers to https://www.lucidmoonstudio.com and all content created thereon and connected therewith.
● “You” and “Your” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as You are the individual using the Service.
What information we collect and how we use it
We collect several types of information about You, including information that:
● identifies You personally, such as name, postal address, e-mail address, telephone number, or opens or clicks within email newsletters
● is about You but cannot be used to identify You, such as purchases made via Amazon Affiliate links
● is about Your internet connection, the equipment You use to access our Website, and how You use our Website (usage data)
As You navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about You including:
● how You interact with our Website, including what pages You visited, when You last logged into Your account, and if You open or click on our email newsletters
● information about Your computer and internet connection, including Your IP address, location, operating system, and browser type
● the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data
We collect this information via Google Analytics, Fathom Analytics, Restrict Content Pro, and Flodesk using cookies and web beacons. This information helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
● estimate our audience size
● understand how You use our Website
● understand what content interests You most
● speed up Your searches
● recognize You when You return to our Website
The technologies we use for this automatic data collection may include:
● web beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited pages, opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
● Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.
● We use both Session and Persistent Cookies for the purposes set out below:
● Necessary / Essential Cookies; Type: Session Cookies; Administered by: Us; Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
● Functionality Cookies; Type: Persistent Cookies; Administered by: Us; Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
● Tracking and Performance Cookies; Type: Persistent Cookies; Administered by: Third-Parties; Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Most browsers allow You to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. If You block cookies, You will not be able to use all the features on our website.
The Usage Information we collect is used to monitor and improve our website and services. (GDPR Basis: Legitimate Interest)
When You fill out a contact form, You voluntarily provide us Your name, email address, and a comment. We will process this information according to the instructions You provide. (GDPR Basis: Consent)
When You make a purchase through our website, You voluntarily provide us Your name, email address, credit card and/or PayPal account information.
We collect this information via Restrict Content Pro, PayPal, and Stripe. This information is used to supply You with the product purchased and keep accurate records of Your transaction. (GDPR Basis: Contract)
Email Newsletter or Opt-in Information
When You sign up for our email newsletter, You voluntarily provide us Your name and email address.
Additionally, when You interact with our emails, Flodesk, Mailchimp, and/or Convertkit or other email utility will track which emails You open, and any links You click. From time to time, these clicks will be tracked to identify what kind of creative business You run and the issues that are most relevant to Your creative business. We do this so that we can only send You the most relevant information to Your inbox.
We will process this information per Your request to provide You with relevant information and newsletters. (GDPR Basis: Consent)
We may process any personal information we have on You when required by a court order, legal obligation, court proceeding. (GDPR Basis: Legitimate Basis)
Automatically Collected Information through Tracking Technologies
When You visit or access the Website, including our email communications, we use tracking technologies like cookies, pixels, web beacons, tags, and other tracking technologies to collect information about Your engagement, as well as Your browsing and purchasing behavior. These tracking technologies include:
● Clickstream Data: Through web site access logs, we do collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our Website. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to our users. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties for data processing.
● A cookie is a very small text document, which often includes an anonymous unique identifier. When You visit a website, that site’s computer asks Your computer for permission to store this file in a part of Your hard drive specifically designated for cookies. Each website can send its own cookie to Your browser if Your browser’s preferences allow it, but (to protect Your privacy) Your browser only permits a website to access the cookies it has already sent to You, not the cookies sent to You by other sites.
● The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.
● Web Beacon Technologies. We may also use Web beacon or other technologies to better tailor our Platforms to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Website, a non-identifiable notice of that visit is generated which may be processed by us or our data processors. Web beacons usually work in conjunction with cookies. If You do not want cookie information to be associated with Your visits to these pages, You can set Your browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
We use these tracking technologies to deliver, measure, and improve our Website – whether accessed through a browser or a mobile device – in various ways. In particular, these technologies help:
● make our Website easier to use;
● better tailor our Website to Your interests and needs;
● carry out profiling activities in order to learn more about You;
● offer You tailored advertising based on Your behavior on our Website;
● provide better customer service, and
● compile anonymous, aggregated information that allow us to better understand our customers and visitors.
Use of Your Personal Data
The Company may also use Personal Data for the following purposes:
● To provide and maintain our Service, including to monitor the usage of our Service.
● To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
● For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
● To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
● To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
● To manage Your requests: To attend and manage Your requests to Us.
● For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
● For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
● You can opt out of Google Analytics. For more information on opting out of being tracked by Google Analytics across all websites You use, visit this Google page: https://tools.google.com/dlpage/gaoptout.
● To learn how to manage privacy and storage settings for Flash cookies, visit: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
● Further information about deleting and blocking cookies can be found at: http://www.allaboutcookies.org.
We are committed to keeping Your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose Your email address to any third parties except as allowed in the section titled Disclosure of Your Information.
We will maintain the information You send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove Yourself from our mailing list so that You receive no further e-mail communication from us.
Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at any time.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
Disclosure of Your Information
We may disclose aggregated information about our website visitors (information that is not identifiable to You) without restriction.
We do not sell, rent, or share our email list containing Your personal information to third parties.
However, we may disclose information that can be directly tied to You to:
● contractors, service providers and other third parties that we reasonably use to support our business
● fulfill the purpose for which You provide it
● fulfill any other purpose disclosed by us when You provide the information
● process Your payment, including refunds, complaints, queries with PayPal and Stripe only to the degree necessary
We may also disclose Your personal information:
● to comply with any court order, law or legal process, including to respond to any government or regulatory request
● to enforce or apply any agreements between us, including for billing and collection purposes.
● if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others. For example, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may share Your personal information in the following situations:
● With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
● For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
● With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
● With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
● With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Choices About How We Use and Disclose Your Information
We strive to provide You with choices regarding the personal information You provide to us. We have created mechanisms to provide You with the following control over Your information:
● Promotional Offers from Us. If You do not wish to have Your email address used by us to promote our own or third parties’ products or services, You can opt-out by clicking the unsubscribe link at the bottom of every email or by emailing email@example.com. This opt-out does not apply to information provided to us as a result of a product purchase or transaction.
Retaining and Deleting Your Information
We will keep Your data for no longer than is necessary for the purpose You gave it to us.
We will keep Your personal data as follows:
● Usage information will be kept for a minimum of one year and a maximum of three years from each visit You make to our website.
● Account information will be kept for a minimum of seven years and a maximum of ten years from the date Your account is canceled. (We keep this data for this time period because it is associated with Your purchase data. Your purchases are tax deductible, we keep this information to support any tax audits, either Yours or ours.)
● Account information will be kept for a minimum of seven years and a maximum of ten years from the date Your account is canceled. (We keep this data for this time period because it is associated with Your purchase data. Your purchases are tax deductible, we keep this information to support any tax audits, either Yours or ours.)
● Purchase information will be kept for a minimum of seven years and a maximum of ten years from the date Your account is canceled. (Your purchases are tax deductible, we keep this information to support any tax audits, either Yours or ours.)
In some cases, it is not possible for us to specify in advance the periods for which Your personal data will be kept. In those instances, we will use the following criteria to decide how long to keep Your personal data:
● We will use the availability of blog post comments, the nature of the comment, and the post availability to decide how long to keep publication information.
● We will use the content of Your message and the response required to decide how long to keep correspondence information.
● We will keep email newsletter or opt-in information for either the length of Your subscription or the length of our contract with our email newsletter service provider.
● The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Data Security and International Transfers
Our offices are based in the United States, along with our hosting facilities and service providers. The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
We have implemented measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure both during transfer and storage.
The safety and security of Your information also depends on You. Where You have chosen a password for access to certain parts of our Website, You are responsible for keeping this password confidential. We ask You not to share Your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect Your personal information, we cannot guarantee the security of Your personal information transmitted to our Website. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service, such as Google Analytics.
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to our Website. We do not knowingly collect personal information from children under 13. If You are under 13, do not use or provide any information to our Website or provide any information about Yourself to us, including Your name, address, telephone number, e-mail address or any username You may use.
If we learn we have collected or received personal information from a child under 13, we will delete that information. If You believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
Notice To California Residents
If You are a California resident, You have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit Your request, send an email to firstname.lastname@example.org with the phrase “California Shine the Light” and include Your mailing address, state of residence, and email address.
Since the internet industry is still working on Do Not Track standards, solutions, and implementations, we do not currently recognize or respond to browser-initiated Do Not Track signals.
European Union Privacy Rights
The EU General Data Protection Regulation permits users of our Website that are European Union residents certain rights. Your rights include:
● right to access;
● the right to rectification;
● the right to erasure;
● the right to restrict processing;
● the right to object to processing;
● the right to data portability;
● the right to complain to a supervisory authority; and
● the right to withdraw consent.
To access a copy of Your data, correct it, restrict how it is used, or erase it, please mail email@example.com. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
If You believe that our processing of Your personal information infringes data protection laws, You have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of Your habitual residence, Your place of work, or the place of the alleged infringement.
If You wish to withdraw Your consent for us to process Your data, You can opt-out by emailing firstname.lastname@example.org.
Visitors’ GDPR Rights
If You are within the European Union, You are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain the any information You choose to provide to us until the earlier of: (a) You asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to Your data that the Company stores and the rights to either rectify or erase Your personal data.
You have the right to seek restrictions on the processing of Your data.
You have the right to object to the processing of Your data and the right to the portability of Your data.
To the extent that You provided consent to the Company’s processing of Your personal data, You have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to Your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with You. We will not require You to provide consent for any unnecessary processing as a condition of entering into a contract with us.
If You are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll You to receive our free email newsletter. If You do not wish to receive this newsletter, You can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If You ever have trouble unsubscribing, You can send an email to email@example.com requesting to unsubscribe from future emails.
If You are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will only enroll You to receive our free email newsletter if You affirmatively consent to it. If You do not wish to receive this newsletter, You can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If You ever have trouble unsubscribing, You can send an email to firstname.lastname@example.org requesting to unsubscribe from future emails.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
● Category A: Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers. Collected: Yes.
● Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected: Yes.
● Category C: Protected classification characteristics under California or federal law. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Collected: No.
● Category D: Commercial information. Examples: Records and history of products or services purchased or considered. Collected: Yes.
● Category E: Biometric information. Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Collected: No.
● Category F: Internet or other similar network activity. Examples: Interaction with our Service or advertisement. Collected: Yes.
● Category G: Geolocation data. Examples: Approximate physical location. Collected: No.
● Category H: Sensory data. Examples: Audio, electronic, visual, thermal, olfactory, or similar information. Collected: No.
● Category I: Professional or employment-related information. Examples: Current or past job history or performance evaluations. Collected: No.
● Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Collected: No.
● Category K: Inferences drawn from other personal information. Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Collected: No.
Under CCPA, personal information does not include:
● Publicly available information from government records
● Deidentified or aggregated consumer information
● Information excluded from the CCPA’s scope, such as:
● Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
● Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994
Sources of Personal Information
● We obtain the categories of personal information listed above from the following categories of sources:
● Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service, or from Your purchases on our Service.
● Indirectly from You. For example, from observing Your activity on our Service.
● Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
● From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, third-party vendors for payment processing, or other third-party vendors that We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
● To operate our Service and provide You with our Service.
● To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
● To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
● To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
● As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
● For internal administrative and auditing purposes.
● To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Data” section.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:
● Category A: Identifiers
● Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
● Category D: Commercial information
● Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing personal information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of personal information:
● Category A: Identifiers
● Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
● Category D: Commercial information
● Category F: Internet or other similar network activity
Share of Personal Information
We may share Your personal information identified in the above categories with the following categories of third parties:
● Service Providers
● Payment processors
● Our affiliates
● Our business partners
● Third-party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the personal information of Consumers that We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, You (or Your authorized representative) may submit a request to Us by contacting Us.
If You have reason to believe that a child under the age of 13 (or 16) has provided Us with personal information, please contact Us with sufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:
● The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
● The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
● The categories of personal information We collected about You
● The categories of sources for the personal information We collected about You
● Our business or commercial purpose for collecting or selling that personal information
● The categories of third parties with whom We share that personal information
● The specific pieces of personal information We collected about You
● If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
● The categories of personal information categories sold
● The categories of personal information categories disclosed
● The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information. To submit an opt-out request please contact Us.
● The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
● Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
● Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
● Debug products to identify and repair errors that impair existing intended functionality.
● Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
● Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
● Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
● Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
● Comply with a legal obligation.
● Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
● The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
● Denying goods or services to You
● Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
● Providing a different level or quality of goods or services to You
● Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:
● By visiting this page on our website: https://www.lucidmoonstudio.com
● By sending us an email: email@example.com
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
● Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
● Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if we cannot:
● Verify Your identity or authority to make the request
● And confirm that the personal information relates to You
● We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, we will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells personal information as defined by the CCPA law. If you wish to opt out of the use of Your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that You use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
● The NAI’s opt-out platform: http://www.networkadvertising.org/choices/
● The EDAA’s opt-out platform: http://www.youronlinechoices.com/
● The DAA’s opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, You will need to opt out again.
Your mobile device may give You the ability to opt out of the use of information about the apps You use in order to serve You ads that are targeted to Your interests:
● “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
● “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on Your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third-party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if You are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when we believe You are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to Your mental or physical well-being. In the event that we become aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information we will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
Controls For Do-Not-Track Features
Miscellaneous Fine Print
In no event will our liability (regardless of the form of action, whether in contract, tort or otherwise) exceed $100.
There is no promise or representation that You will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. As with any business, Your results will vary and will be based on Your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we (or You) have not anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products, and services should be based on Your own due diligence and You agree that we are not liable for Your success or failure.
You agree to defend, indemnify and hold us from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these terms or Your use of the site.
These terms shall be governed by the laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these terms or this site shall be instituted exclusively in the federal courts of the United States or the courts of White County, Georgia.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Updates and Date Last Updated
This website is owned and operated by Lucid Moon Studio, a Georgia LLC. The Company’s mailing address is 327 Chalet Drive, Sautee Nacoochee, GA 30571.