PRIVACY POLICY
Last updated May 1, 2023
This website, operated by JMKL Creative, LLC, (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website https://jmklcreative.com/ including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this Privacy Policy carefully.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Revised” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personal Data
“Personal data” is any information that relates to an identifiable natural person. Your name, address and contact details are examples of your personal data, if they identify you.
Derivative Data
Information our servers may automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
USE OF YOUR INFORMATION
The term “process” means any activity relating to personal data, including collection, storage, use and transmission.
Whether you are a client or website user (or a combination of those) JMKLcreative.com is a “controller” of your personal data. This means that we make decisions about how and why we process your personal data and are responsible for making sure it is used in accordance with data protection laws.
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
Compile anonymous statistical data and analysis for use internally or with third parties.
Deliver newsletters, promotions, and other information regarding our website to you.
Allow comments on the Site.
Send you a periodic digital newsletter.
Increase the efficiency and operation of the Site.
Monitor and analyze usage and trends to improve your experience with the Site.
Notify you of updates to the Site.
Offer new products, services, and/or recommendations to you.
Perform other business activities as needed.
Request feedback and contact you about your use of the Site.
Resolve disputes and troubleshoot problems.
We process your personal data for particular purposes, which are relevant to your relationship and engagement with us. We are required by law to always have a “lawful basis” for processing your personal data.
We use the personal data we collect for a number of different reasons, including to provide our services to you or with you, to communicate with you, to verify your identity, to make sure our Site and services are functioning properly and provide the best services for you, to keep accurate records and for legal reasons.
We rely on a number of different lawful grounds or ‘bases’ to process your personal data. These include that we have your consent to the processing, we need to process your personal data to enter into or perform a contract with you, we need to process your personal data to comply with our legal obligations, and/or the processing is necessary for our legitimate interests (or the legitimate interests of a third party).
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers
We may share your information with third parties that perform services for us or on our behalf, including data analysis, email delivery, hosting services, customer service, and marketing assistance.
We currently use ConvertKit for delivery of email updates and newsletters. The ConvertKit service will store your name and email address for purposes of delivering such communications. Please refer to ConvertKit’s privacy policy for further information.
Online Postings
When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
Third-Party Advertisers
We do not currently use third party advertising companies to serve ads when you visit the Site. If this changes, we will notify you.
Business Partners
We may share your information with our business partners – other companies we own or are affiliated with – to offer you certain products, services, or promotions you may enjoy.
Sale or Bankruptcy
If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
TRACKING TECHNOLOGIES
Cookies, Web Beacons, and Tracking Pixels
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons; however, they can be rendered ineffective by declining all cookies or by modifying your web browser's settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
Periodically, we may need to include a tracking pixel to monitor the effectiveness of information or materials we share. For example, you may subscribe to our newsletter or online workshop. Newsletters and workshop materials sent may contain tracking pixels. The pixel is embedded in emails and allows for an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Site to adapt the content to the interests of the user. We do not share this information with third parties.
Internet-Based Advertising
We do not serve ads on the Site.
Website Analytics
We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or review Digital Advertising Alliance Opt-Out Tool.
We use Google Analytics, a web analytics service of Google Inc., (“Google”). Google Analytics uses cookie text files to analyze how our Site is used. Google uses the data stored on these cookies to compile reports on website activities and to provide further services related to the use of the website.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain optout cookies, plugins, or settings.
THIRDPARTY WEBSITES
The Site may contain links to third-party websites and applications of interest that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
RIGHTS RELATED TO YOUR PERSONAL INFORMATION
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails.
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
Depending on the law that applies, you may have a right to access and rectify or erase your personal data or receive a copy of your personal data, restrict or object to the active processing of your data, ask us to share (port) your personal information to another entity, withdraw any consent you provided to us to process your data, a right to lodge a complaint with statutory authority and such other rights as may be relevant under applicable laws. To exercise these rights, please contact us. We will respond to your request in accordance with applicable law.
You may opt out of direct marketing communications or the collection of data we carry out for marketing purposes. Please contact us with your request.
Do note that if you do not allow us to collect or process the required personal data or you withdraw the consent to process the same for the required purposes, you may not be able to access or use the services for which your information was sought.
SENSITIVE PERSONAL INFORMATION
At no time should you submit sensitive personal information to the Site. This includes your social security number, information regarding race or ethnic origin, political affiliation or opinions, religious beliefs, health information, criminal background, or other sensitive personal information. If you elect to submit such information to us, it will be subject to this Privacy Policy.
POLICY FOR CHILDREN
Even though Jennifer would gladly work with individuals under the age of 18 to create a professional photo portfolio, the Site is designed for those 18 years of age or older. Visitors under the age of 18 must have permission from their parent or guardian to use certain features of our Site. We do not knowingly collect any personally identifiable information from anyone under the age of 18. We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have provided your personal information with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include sufficient detail about the public post(s) and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems, nor can we guarantee any cached or archived version of the site will remove such data.
CONTACT US
If you have questions or comments about this Privacy Policy, please contact us.
OTHER DISCLOSURES AND POLICIES