Privacy Policy
This Privacy Policy describes how your personal information is
collected, used, and shared when you visit or make a purchase
from metalartdogs.com (the “Site”).
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain
information about your device, including information about your
web browser, IP address, time zone, and some of the cookies that
are 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 information about how you interact with the Site. We
refer to this automatically-collected information as “Device
Information”
Email marketing (if applicable): With your permission, we may
send you emails about our store, new products and other updates-
Text marketing (if applicable): With your permission, we may send
text messages about our store, new products, and other updates.
Updates include Checkout Reminders. Webhooks will be used to
trigger the Checkout Reminders messaging system.
We collect Device Information using the following technologies:
‘Cookies” are data files that are placed on your device or
computer and often include an anonymous unique 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 make a
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 UPersonaI Information” in this Privacy Policy,
we are talking both about Device Information and Order
Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill
any orders placed through the Site (including processing your
payment information, arranging for 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- The above
excludes text messaging originator opt-in data and consent; this
information will not be shared with any third parties. For example,
we use Shopify to power our online store–you can read more
about how Shopify uses your Personal Information here:
https://www.shopify.com/legal/privacy 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, to respond to a subpoena,
search warrant or other lawful request for information we receive,
or to 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 be of interest to you. For more information about how
targeted advertising works, you can visit the Network Advertising
Initiative’s (UNAI”) educational page at
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/.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS
AND CONDITIONS
APR ECOMMERCE LIMITED (hereinafter, awe,” “I-Js,’ uour”) is
offering a mobile messaging program (the “Program’), which you
agree to use and participate in subject to these Mobile Messaging
Terms and Conditions and Privacy Policy (the “Agreement”). By
opting in to or participating in any of our Programs, you accept
and agree to these terms and conditions, including, without
limitation, your agreement to resolve any disputes with us through
binding, individual-only arbitration, as detailed in the “Dispute
Resolution” section below. This Agreement is limited to the
Program and is not intended to modify other Terms and Conditions
or Privacy Policy that may govern the relationship between you
and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS
mobile messages by affirmatively opting into the Program, such as
through online or application-based enrollment forms_ Regardless
of the opt-in method you utilized to join the Program, you agree
that this Agreement applies to your participation in the Program.
By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number
associated with your opt-in, and you understand that consent is
not required to make any purchase from Metal Art Dogs. While you
consent to receive messages sent using an autodialer, the
foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone
dialing system (UATDS” or “autodialer”)_ Message and data rates
may apply. Message frequency varies.
User Opt Out: If you do not wish to continue participating in the
Program or no longer agree to this Agreement, you agree to reply
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile
message from Metal Art Dogs in order to opt out of the Program.
You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing
options are the only reasonable methods of opting out- You also
understand and agree that any other method of opting out,
including, but not limited to, texting words other than those set
forth above or verbally requesting one of our employees to remove
you from our list, is not a reasonable means of opting out.
Program Description: Without limiting the scope of the Program,
users that opt into the Program can expect to receive messages
concerning the marketing and sale of printed goods including but
not limited to wall art and homeware. Messages outside of this
scope may not be allowed under the TCPA}. Messages may
include checkout reminders.
Cost and Frequency: Message and data rates may apply. Message
frequency varies. The Program involves recurring mobile
messages, and additional mobile messages may be sent
periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text
“HELP” to the number you received messages from or email us at
metaldogs@metalartdogs.com. Please note that the use of this
email address is not an acceptable method of opting out of the
program. Opt outs must be submitted in accordance with the
procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating
messages) if your mobile device does not support MMS
messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is”
basis and may not be available in all areas at all times and may
not continue to work in the event of product, software, coverage or
other changes made by your wireless carrier. We will not be liable
for any delays or failures in the receipt of any mobile messages
connected with this Program. Delivery of mobile messages is
subject to effective transmission from your wireless service
provider/network operator and is outside of Our control. Carriers
are not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of
your own, capable of two-way messaging, be using a participating
wireless carrier, and be a wireless service subscriber with text
messaging service. Not all cellular phone providers carry the
necessary service to participate. Check your phone capabilities for
specific text messaging instructions-
Age Restriction: You may not use or engage with the Platform if
you are under thirteen (13) years of age- If you use or engage wit
the Platform and are between the ages of thirteen (13) and
eighteen (18) years of age, you must have your parent’s or legal
guardian’s permission to do so. By using or engaging with the
Platform, you acknowledge and agree that you are not under the
age of thirteen (13) years, are between the ages of thirteen (13)
and eighteen (18) and have your parent’s or legal guardian’s
permission to use or engage with the Platform, or are of adult age
in your jurisdiction. By using or engaging with the Platform, you
also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the
Platform.
Prohibited Content: You acknowledge and agree to not send any
prohibited content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening,
harassing, or stalking activity;
– Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and discrimination on th
basis of race, sext religion, nationality, disability, sexual
orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or
other harmful code;
– Any product, service, or promotion that is unlawful where such
product, service, or promotion thereof is received;
– Any content that implicates and/or references personal health
information that is protected by the Health Insurance Portability
and Accountability Act (‘HIPAA”) or the Health Information
Technology for Economic and Clinical Health Act (“HI TEC” Act);
and
– Any other content that is prohibited by Applicable Law in the
jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or
controversy between you and Us, or between you and Stodge,
LLC dfb/a Postscript or any other third-party service provider
acting on Our behalf to transmit the mobile messages within the
scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the
breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this
agreement to arbitrate, such dispute, claim, or controversy will be,
to the fullest extent permitted by law, determined by arbitration in
the United Kingdom before one arbitrator.
The parties agree to submit the dispute to binding arbitration in
accordance with the Commercial Arbitration Rules of the American
Arbitration Association (UAAA”) then in effect- Except as otherwise
provided herein, the arbitrator shall apply the substantive laws of
the Federal Judicial Circuit in which APR ECOMERCE LIMITED’s
principle place of business is located, without regard to its conflict
of laws rules. Within ten (10) calendar days after the arbitration
demand is served upon a party, the parties must jointly select an
arbitrator with at least five years’ experience in that capacity and
who has knowledge of and experience with the subject matter of
the dispute. If the parties do not agree on an arbitrator within ten
(10) calendar days, a party may petition the AAA to appoint an
arbitrator, who must satisfy the same experience requirement. In
the event of a dispute, the arbitrator shall decide the enforceability
and interpretation of this arbitration agreement in accordance with
the Federal Arbitration Act (UFAA”)- The parties also agree that the
AAAs rules governing Emergency Measures of Protection shall
apply in lieu of seeking emergency injunctive relief from a court
The decision of the arbitrator shall be final and binding, and no
party shall have rights of appeal except for those provided in
section 10 of the FAA. Each party shall bear its share of the fees
paid for the arbitrator and the administration of the arbitration;
however, the arbitrator shall have the power to order one party to
pay all or any portion of such fees as part of a well-reasoned
decision. The parties agree that the arbitrator shall have the
authority to award attorneys’ fees only to the extent expressly
authorized by statute or contract The arbitrator shall have no
authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect
to any dispute resolved by arbitration. The parties agree to
arbitrate solely on an individual basis, and this agreement does
not permit class arbitration or any claims brought as a plaintiff or
class member in any class or representative arbitration
proceeding. Except as may be required by law, neither a party nor
the arbitrator may disclose the existence, content, or results of
any arbitration without the prior written consent of both parties,
unless to protect or pursue a legal right. If any term or provision of
this Section is invalid, illegal, or unenforceable in any jurisdiction,
such invalidity, illegality, or unenforceability shall not affect any
other term or provision of this Section or invalidate or render
unenforceable such term or provision in any other jurisdiction. If
for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination
of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all
necessary rights, power, and authority to agree to these Terms
and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will place
you in breach of any other contract or obligation- The failure of
either party to exercise in any respect any right provided for herein
will not be deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in
full force and effect and enforceable. Any new features, changes,
updates or improvements of the Program shall be subject to this
Agreement unless explicitly stated otherwise in writing. We
reserve the right to change this Agreement from time to time. Any
updates to this Agreement shall be communicated to you. You
acknowledge your responsibility to review this Agreement from
time to time and to be aware of any such changes. By continuing
to participate in the Program after any such changes, you accept
this Agreement, as modified.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use
practices when we see a Do Not Track signal from your browser
YOUR RIGHTS
If you are a European resident, you have the right to access
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, if you are a European resident 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 informatiom
CHANGES
We may update this privacy policy from time to time in order to
reflect, for example, changes to our practices or for 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 contact
us by e-mail at metaldogs@metalartdogs.com