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Updated 2014-09-04

Privacy Policy

At the Thomas Kinkade Company, we respect your right to privacy and understand that you, as a visitor to www.thomaskinkade.com (“Site”), need to understand how we will use the personal information you provide us during your visit.  We allow individuals to purchase products from us, register for promotions and sweepstakes, submit stories and photos for social sharing purposes, and conduct other transactions on our Site.  The privacy policy below describes how we will use the information you provide in connection with your use of our Site.

 

What personally identifiable information do we collect?

When you browse the Site, you do so anonymously.  Personally identifiable information associated with you, including your e-mail address, is not collected unless you purchase an item from the Site or provide that information in connection with a non-purchasing activity as described below (e.g., registering for a sweepstakes or promotion, completing customer service or information request forms, and submitting stories and photos for social sharing features).

Registration

There are times when we may request that you voluntarily supply us with personally identifiable information, including your e-mail address, mailing address and/or telephone number, for purposes such as correspondence, site registration, registering for a new product or participating in an online survey.

Forms and Purchases

We use various forms for listing, selling, and returning products offered on our site.  We also use forms for non-sales activities, such as requests for information and customer service inquiries.  We may collect, depending on the form, your contact information (e.g., your e-mail address, mailing address, and telephone number) and necessary financial information (i.e. your credit card number).  Contact information is used to process a sale and/or reach you to give you requested information or resolve potential payment questions.  We use Shopatron, a third party secure source, to accept and process credit card payments for purchases of products on our Site.  Credit card numbers are only used for processing payments.

Special Contests, Promotions and Social Sharing Content

We may occasionally present a special contest or promotion that is sponsored by use or by another company.  To qualify for entry in such contests or promotions, we may ask you to provide personal information.  If we plan to share your personal information with the sponsor(s) or with others, we will provide a statement to that effect in the contest or promotion terms.

We occasionally present opportunities for Thomas Kinkade collectors and fans to submit stories and photographs on our website.  Select stories and photographs will be shared on our website, www.thomaskinkade.com, on our social media channels, and in e-newsletters.  Your personal information will not be shared with others, and will only be used for verification of your story.

IP Address

An Internet Protocol (“IP”) address is a unique string of numbers that is assigned to your computer by your Internet Service Provider.  Web servers automatically identify your computer by its IP address.  We will use your IP address to help diagnose problems with our server and to administer the Site.  Your IP address may also be used to gather broad demographic information, and to give us an idea of which parts of our Site you are visiting and how long you are spending there.  We do not link your IP address with anything personally identifiable.

Cookies

A “cookie” is a small data file that can be placed on your hard drive when you visit certain websites.  We use cookies to collect, store and sometimes track information for statistical purposes to improve the services we provide.  if you are a registered user, we will use a cookie to save your settings and to provide customizable and personalized services.  These cookies do not enable third parties to access any of your personally identifiable information.  Additionally, be aware that if you visit other websites you may be required to accept cookies.  Advertisers and partners may also use their own cookies.  We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

 

How do we use your personally identifiable information?

 

Customized Experience

We gather your personally identifiable information to provide you with a customized experience on our Site.  Your personally identifiable information helps us tailor the content, services, goods and advertising to your current and future needs.

Email

If you register with our Site or otherwise provide your personally identifiable information to us, we may send you e-mail messages informing you of our products and services and also third party products and services we believe may be of interest to you, such as new features and services, special offers and updated information.  Our newsletters (see below) may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked.  We will combine such information we have about you and may use the information to improve your experience with our Site and/or provide customized e-mail communications to you.

 

With whom do we share your personally identifiable information?

We will share your personally identifiable information with third parties, including, without limitation, those that perform services for us, such as processing credit card payments, and authorized independent Thomas Kinkade dealers.  We do not exercise control over the activities of such third parties.  In addition, we will disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property or (3) act in an emergency to protect someone’s safety.

We may gather demographic information from you (for example, your age, education level or household income) from time to time.  We will not share such information with any other person or entity in a manner that identifies you as an individual, unless we let you know that at the time of collection or we have your permission.  When we share demographic information with third parties, we will give them aggregate information only.

As we develop our business, we may buy or sell assets, and depending on the transaction, your personally identifiable information may be one of the transferred assets.  In the event that we are acquired by another company, your personal information may be part of the assets transferred to the acquiring party.

 

What are your options to control your receipt of e-mails from us?

Although most customers using our Site tell us they value receiving our emails with newsletters, special promotions and information regarding services provided by us or others, we recognize the importance of providing you with choice and control over your e-mails.  If you would rather not receive e-mails about new products, promotions or other noteworthy news, please click on the link for opting out included in such e-mails to inform us of your desire to opt out of receiving such e-mails in the future.  You may also contact us by postal mail at 18635 Sutter Blvd., Morgan Hill, CA  95037, Attention:  Opt Out.

 

What about children’s personally identifiable information?

Our Site is not directed to children under the age of 13.  We assume products purchased through credit card means are purchased by adults or minors supervised by a parent or guardian.  We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”).  On those areas of our Site that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA.  We may ask prospective users to provide their age during a registration process and on other areas of our Site.  If a user indicates that he or she is under the age of 13, then all personal data collected during the registration process is automatically deleted except that we may retain and use limited information, such as the child’s e-mail address, for a limited period of time, in those cases where we believe that the collection and use of such information is permitted under COPPA.  If a parent believes that his or her child has provided us with personal information, he or she can contact via e-mail or postal mail as listed below.  We will promptly delete the information upon learning that it relates to a child under the age of 13.  We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment.  These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.

 

What else should you know about your privacy?

 

Security

We have significant security measures in place to protect us from the loss, misuse, and alteration of the information under our control.  To prevent unauthorized access to our systems, we employ a multi-layered secure network to safeguard against external and internal intruders.  In addition, the transmission of information is extremely safe; we protect all transactions that include specific private data such as credit card information with industry standard encryption.  Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet, and we accept no liability for any unintentional disclosure.

Links to Other Sites

Our Site contains hyperlinks and pointers to Internet sites maintained by third parties.  These links are provided for your reference only.  We do not control, operate or endorse in any respect information, products or services on such third party sites and are not responsible for their content.  Many third party sites have their own privacy policies that differ from ours.  This privacy policy only covers our Site and does not cover any other site.  While we make every effort to keep your information secure, we do not control the policies of other sites.

 

How will you learn of changes to our privacy policy?

We may make changes in our privacy policy from time to time.  When we do so, we will post the revised privacy policy on our Site with a link at the bottom of our home page.  The revision date of the newest privacy policy will appear at the bottom of this Privacy Policy page.

We would like to receive your comments and questions about this privacy policy and any other matter you have regarding our Site. Please address comments or questions to us via our website or postal mail.  You can contact us online here, and you may contact us via postal mail at 18635 Sutter Blvd., Morgan Hill, CA  95037, Attention: Privacy.

 

When and how do I accept your privacy policy?

Your use of our Site, including any dispute concerning privacy, is subject to this privacy policy.  BY USING OUR SITE YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY.  We reserve the right to modify this privacy policy at any time by posting the changes on this page.  Please check the effective date at the bottom of this page to determine if the policy has been modified since you last reviewed it.  Your continued use of any portion of our Site following posting of the updated privacy policy will constitute your acceptance of the changes.