TERMS & USE

TERMS +USE

WELCOME TO DANITA BROOKS STUDIO

This website is operated by Danita Brooks. Danita Brooks offers this website, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Throughout the Site, the terms “we,” “us,” and “our” refer to Danita Brooks. Please read these Terms and Conditions carefully before accessing or using our website. You agree to be bound by these Terms and Conditions by accessing or using any part of the Site. 

Danita Brooks Studio (danitabrooks.com) offers original paintings, commissioned paintings, prints, photography, and other products.

RIGHTS TO ARTWORK AND IMAGES 

All photography, artwork, and graphics are the sole property of Danita Brooks and may not be used by any third party without written permission. 

Danita Brooks retains all rights to all artwork until it has been purchased by a private or public collector, at which time the collector receives the right to display the artwork in their home or business. 

Danita Brooks retains all rights to the image of all artwork including the rights to the image of sold & commissioned original paintings, and the rights to make prints of any of the art I create—unless a collector or client has purchased rights to use the work in a further application.

COLLECTORS OF PRINTS OR DIGITAL COPIES OF ARTWORK OR PHOTOGRAPHS HAVE THE RIGHT TO DISPLAY THE ARTWORK IN THEIR HOME OR BUSINESS, BUT RETAIN NO OTHER RIGHTS TO THE ARTWORK. 

Collectors of prints or artwork Danita has produced have the right to display the art in their home or business, but retain no other rights to use the artwork for commercial purposes. All other uses must be agreed to in advance in writing by contacting danita@danitabrooks.com

 

CANCELLATION AND REFUND POLICY

Prints—You may cancel your order within the first 24 hours. After 24 hours, your order will begin production. Prints are made on-demand, so after 24 hours, there are no refunds or cancellations. Please get in touch with danita@danitabrooks.com if you need help. 

 

Original Paintings—All sales of original artwork are final. Returns or exchanges of original work are not available except for extreme situations. Please contact me at danita@danitabrooks.com.

 

LINKS TO THIRD PARTY SITES

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. When our Site refers you to a third-party link, it is provided only for convenience. We are not responsible for and do not warrant and will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before you engage in any transaction. 

 

LIABILITY DISCLAIMER

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECURITY

Your security is important. When you submit sensitive information via the website, your information is protected online and offline.

Wherever we collect sensitive information, that information is encrypted and securely transmitted to us through a Payment Processing System.

PRIVACY POLICY

Your privacy is important to us. This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from danitabrooks.com (the “Site”).

PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including your web browser, IP address, time zone, and some of the cookies installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:
– “Cookies” are data files placed on your device or computer and often include a unique anonymous identifier. For more information about cookies and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?
Order Information is generally collected to fulfill any orders placed through the Site (including processing your payment information, arranging shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

– Communicate with you;
– Screen our orders for potential risk or fraud; and
– When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Stripe and Paypal to power our encrypted and secure online store purchases.

We also use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, respond to a subpoena, search warrant, or other lawful requests for information we receive, or otherwise protect our rights.

BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may interest you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt-out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
– Google: https://www.google.com/settings/ads/anonymous
– Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:
http://optout.aboutads.info/.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when seeing a Do Not Track signal from your browser.

YOUR RIGHTS
If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, suppose you are a European resident. In that case, we note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Site) or otherwise to pursue our legitimate business interests listed above.

Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES
We may update this privacy policy from time to time to reflect, for example, changes to our practices or other operational, legal, or regulatory reasons.

CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please get in touch with us by email at danita@danitabrooks.com or by mail using the details provided below:

Danita Brooks