Privacy Policy

SCOPE OF THIS POLICY

This Privacy Policy (this “Policy”) describes how Dana Andolfatto Portrait, LLC, a Florida limited liability company (“we,” “us,” or “our”), collects, uses, discloses, and protects information when you visit danaandolfatto.com and any page, form, gallery, or booking tool we operate under that domain (together, the “Site”). It applies to all visitors to the Site.

This Policy covers information collected through the Site. Information you provide to us in other ways, such as by telephone, in person, through a signed client agreement, or during a photography session, is handled under the terms of your client agreement and applicable law. Where this Policy and your client agreement address the same subject, your client agreement controls for information collected under it.

Some of the information we collect is “personal information,” meaning information that identifies you, or could reasonably be linked to you or your household, either alone or combined with other information available to us. Other information is non-personal, such as aggregated statistics about how the Site is used.

YOUR CONSENT AND OUR TERMS OF USE

By using the Site you acknowledge this Policy and agree to our Terms of Use, which are linked at the bottom of each page of the Site. Where the law requires your consent before we collect or use information (for example, before sending you marketing emails or text messages), we will ask for it at the time, and you may withdraw it at any time using the methods described in this Policy. If you do not agree with this Policy, please do not use the Site.

YOUR CHOICES

You have choices about how we collect, use, and disclose your information:

· Cookies and tracking. You can block or delete cookies through your browser settings, and you can opt out of analytics and advertising tracking using the links under “Third-Party Cookies and Advertising” below.

· Email. Every marketing email we send includes an unsubscribe link. You can also ask us to remove you from our mailing list by contacting us at the address below.

· Text messages. If you have opted in to text messages from us, reply STOP to any message to opt out.

· Forms. When you complete an inquiry or booking form, you decide what to share. Fields marked optional can be left blank.

Opting out of marketing does not stop messages we need to send to manage an inquiry, booking, or order you have placed with us.

PERSONAL INFORMATION WE COLLECT

TYPES OF INFORMATION

· Contact details, such as your name, email address, telephone number, and mailing address, when you submit an inquiry, book a consultation, join our mailing list, or otherwise communicate with us.

· Inquiry and booking details you choose to share, such as the type of session you are interested in, preferred dates, and anything you tell us about yourself in a form or message.

· Payment and transaction information when you pay a session fee or purchase products through the Site. Payments are processed by third-party payment processors. We receive confirmation of payment and limited transaction details; we do not receive or store your full card number.

· Shipping and billing information used to deliver products you order.

· Information needed to verify your identity when you exercise a privacy right described in this Policy.

· Device and usage information collected automatically, such as your IP address, browser type and version, operating system, referring web page, pages viewed, time spent on pages, approximate location derived from your IP address, and advertising and analytics identifiers.

HOW WE USE IT

We use the information we collect through the Site:

· to respond to your inquiry and provide the information, services, and products you request;

· to schedule and manage consultations, sessions, viewing appointments, and orders;

· to process payments and deliver products;

· to send you information and notices about your inquiry, booking, or order;

· to send you marketing communications, where permitted by law and in line with the preferences you have expressed to us;

· to invite you to share feedback or participate in a survey, in line with your preferences;

· to understand how the Site is used and to improve its content, functionality, and usability;

· to measure and improve our marketing and advertising;

· to protect the security of the Site, detect fraud, and enforce our agreements;

· to comply with the law, a court order, a subpoena, or a lawful request from a government authority; and

· for any other purpose described to you at the point of collection.

HOW LONG WE KEEP IT

We retain personal information for as long as reasonably necessary to fulfill the purposes described in this Policy, including to provide our services, maintain business records, resolve disputes, enforce our agreements, and comply with legal obligations such as tax and accounting rules. Retention periods vary with the type of information and the purpose for which it was collected. When information is no longer needed, we delete it or de-identify it.

HOW INFORMATION IS COLLECTED

· Information you provide. We collect the information you enter into the Site, for example when you submit an inquiry form, book a consultation, join our mailing list, or send us a message.

· Information from your browser or device. Your web browser or mobile device automatically sends us certain information, such as your IP address, operating system, browser name and version, the date and time of your visit, and the pages you visit. On its own this information usually does not identify you. If we combine it with information that does identify you, we treat the combined information as personal information.

· Information collected by cookies and similar technologies. We and our service providers use cookies, pixels, web beacons, and similar technologies to operate the Site, remember your preferences, understand how the Site is used, and measure advertising. You can control these through your browser settings and the opt-out links under “Third-Party Cookies and Advertising” below.

TECHNOLOGIES WE USE

· Cookies. Small text files placed on your browser or device. Essential cookies make the Site work. Analytics cookies tell us how visitors use the Site. Advertising cookies help us measure our advertising and show relevant advertising on other platforms. You can manage cookies through your browser settings.

· Web beacons and pixels. Tiny graphics or code snippets with a unique identifier, rendered invisibly on a page, that record browsing activity such as whether a page was viewed or a form was completed.

· Social widgets. Buttons or embedded content from social media providers (for example, Instagram) that let you interact with those services from the Site. The provider may collect browsing data through the widget under its own privacy policy.

· UTM codes. Strings added to a web address that tell us which advertisement, link, or publisher brought you to the Site.

HOW WE SHARE INFORMATION

We do not sell your personal information, and we do not disclose it to third parties for their own marketing purposes. We share personal information only in the following circumstances:

· Service providers. We use trusted third-party companies to host the Site, manage client relationships and bookings, send email and text messages, process payments, schedule appointments, deliver online galleries and products, analyze Site traffic, and run and measure advertising. These providers may access personal information only to perform services for us and are required to protect it.

· Analytics and advertising partners. We use analytics tools (such as Google Analytics) and advertising tools (such as the Meta Pixel) that collect device and usage information through cookies and similar technologies. Some privacy laws treat this kind of disclosure as “sharing” for targeted advertising. You can opt out using the methods described under “Third-Party Cookies and Advertising” below.

· Session vendors and contractors. We do not share your personal information with hair and makeup artists or other session vendors. Anyone who is given access to your session images after a session (for example, for retouching or album design) is required to sign a non-disclosure agreement before receiving access.

· Professional advisors. We may share information with our accountants, attorneys, and insurers when needed.

· Legal requirements and protection. We may disclose information to comply with the law, a court order, or a lawful request, or to protect the rights, property, or safety of our business, our clients, or others.

· Business transfers. If our business is sold, merged, or reorganized, personal information may be transferred as part of that transaction, subject to this Policy.

YOUR RIGHTS

Depending on where you live, you may have some or all of the following rights regarding your personal information. We extend these rights to all visitors to the Site as a matter of practice, subject to applicable law:

· to know what personal information we hold about you and how we use and share it;

· to receive a copy of your personal information in a structured, commonly used, machine-readable format;

· to correct personal information that is inaccurate or incomplete;

· to delete your personal information, subject to exceptions such as records we must keep for legal, tax, or contractual reasons;

· to object to, or ask us to restrict, certain uses of your personal information, including processing for direct marketing;

· to withdraw consent you have given, without affecting the lawfulness of processing that took place before withdrawal; and

· not to be treated differently for exercising any of these rights.

To exercise a right, contact us using the details at the end of this Policy. We will need to verify your identity before acting on your request, typically by matching the information you provide with the information we hold. We will respond within the time required by applicable law, and in any case within 45 days, and we will not charge a fee unless the law permits one. You may authorize someone to make a request on your behalf; we may ask for proof of that authorization. If we decline a request, we will tell you why.

FLORIDA RESIDENTS

We are based in Florida and comply with the Florida Information Protection Act. We take reasonable measures to protect the personal information we hold in electronic form, and if a data breach affects your personal information, we will notify you as required by Florida law and without unreasonable delay.

If you give us your mobile number and opt in to receive text messages, you agree to receive texts from us about your inquiry, booking, or order, and, if you have separately agreed, occasional marketing messages. Consent to receive texts is not a condition of booking with us. Message frequency varies and message and data rates may apply. Reply STOP at any time to stop receiving texts, or HELP for assistance.

CALIFORNIA RESIDENTS

California law requires us to disclose how we respond to web browser “Do Not Track” signals. Because there is no accepted industry standard for responding to Do Not Track signals, we do not respond to them.

We do not sell personal information. California residents may exercise the rights to know, access, correct, and delete personal information described under “Your Rights” above, and may opt out of advertising tracking using the links under “Third-Party Cookies and Advertising.” We will not discriminate against you for exercising your rights.

CANADIAN RESIDENTS

If you live in Canada, we collect, use, and disclose your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. We collect personal information with your knowledge and consent, which may be express or implied depending on the sensitivity of the information and your reasonable expectations. You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us.

We send commercial electronic messages only with your express or implied consent, as required by Canada’s Anti-Spam Legislation, and every such message includes a way to unsubscribe.

Your personal information is stored and processed in the United States, where it is subject to United States law and may be accessible to United States authorities under lawful process. You have the right to access and correct your personal information and to ask how it has been used and to whom it has been disclosed. If you are not satisfied with our response to a privacy concern, you may contact the Office of the Privacy Commissioner of Canada or your provincial privacy commissioner.

EUROPEAN ECONOMIC AREA, UNITED KINGDOM, AND SWISS RESIDENTS

If you are in the European Economic Area, the United Kingdom, or Switzerland, Dana Andolfatto Portrait, LLC is the controller of the personal information collected through the Site. We process your personal information on the following legal bases:

· Performance of a contract, when we respond to your inquiry, schedule a consultation or session, process a payment, or deliver products;

· Our legitimate interests, such as operating and securing the Site, understanding how it is used, and promoting our services, where those interests are not overridden by your rights;

· Your consent, for marketing communications, which you may withdraw at any time; and

· Compliance with legal obligations, such as tax and accounting rules.

In addition to the rights listed under “Your Rights,” you have the right to data portability, the right to object to processing based on legitimate interests, and the right to lodge a complaint with a supervisory authority in the country where you live or work or where you believe a violation occurred (in the United Kingdom, the Information Commissioner’s Office). We do not use your personal information for automated decision-making that produces legal or similarly significant effects.

Your personal information is transferred to and processed in the United States. Where we transfer personal information from the EEA, the United Kingdom, or Switzerland, we rely on appropriate safeguards such as the European Commission’s Standard Contractual Clauses (and the UK Addendum) in our agreements with service providers, or on providers certified under the EU-U.S. Data Privacy Framework and its UK and Swiss extensions. You may request more information about these safeguards by contacting us.

THIRD-PARTY COOKIES AND ADVERTISING

In addition to the cookies we place, certain third parties may deliver cookies and similar technologies to your device through the Site. We use analytics providers, including Google Analytics, to understand how visitors engage with the Site, and advertising platforms, including Meta (Facebook and Instagram), to measure our advertising and reach people who have shown interest in our services. These providers may collect information about your use of the Site and other websites over time. Their collection and use of information are governed by their own privacy policies.

You can limit these technologies directly: install the Google Analytics opt-out browser add-on; adjust your advertising preferences in your Facebook and Instagram account settings; and visit the Digital Advertising Alliance at www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/choices to opt out of interest-based advertising from participating companies.

HOW WE PROTECT INFORMATION

We use reasonable administrative, technical, and physical safeguards designed to protect your information against unauthorized access, use, alteration, or disclosure. The Site is served over an encrypted connection, payment details are handled by payment processors that meet industry security standards, and personal information is stored in password-protected systems operated by reputable providers. Access to personal information is limited to Dana Andolfatto and to service providers who need it to perform work for us. No method of transmission or storage is completely secure, so we cannot guarantee absolute security, but we will notify you of any breach affecting your personal information as the law requires.

CHILDREN’S PRIVACY

The Site and our services are intended for adults. We photograph only clients who are 18 years of age or older, and we do not direct the Site to children. We do not knowingly collect personal information from anyone under 13, and if we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete it as the law requires. If you believe a child has provided us with personal information, please contact us using the details below.

TESTIMONIALS

We may display client testimonials on the Site. Before posting a testimonial that identifies you by name or image, we will obtain your consent. If you would like a testimonial or review removed at any time, contact us and we will promptly process your request in accordance with applicable law.

LINKS TO OTHER WEBSITES

The Site may link to websites and services we do not operate, such as social media platforms, booking tools, and online galleries. Those sites have their own privacy policies, and we are not responsible for their practices. We encourage you to read the privacy policy of any site you visit.

UPDATES TO THIS POLICY

We may update this Policy from time to time. If we make a material change, we will post the updated Policy on the Site, update the effective date at the top of this Policy, and provide additional notice where the law requires it, such as by email or a notice on the Site. Changes take effect on the date stated in the updated Policy unless the law requires another effective date or your consent. We encourage you to review this Policy periodically.

GOVERNING LAW

This Policy is governed by the laws of the State of Florida, United States of America, without regard to its conflict-of-laws principles, except to the extent the privacy law of your place of residence requires otherwise.

CONTACT US

If you have a question, concern, or complaint about this Policy or our handling of your personal information, or if you wish to exercise any of the rights described above, contact us. We will acknowledge your message, tell you who is handling it and when to expect a response, and keep a record of the request. We may ask for additional details to verify your identity or to understand your concern.

Dana Andolfatto Portrait, LLC
Attn: Privacy
Miami, Florida, United States
[email protected]

Dana Andolfatto Portrait, LLC