Privacy Policy

In connection with use of its www.HeatherJames.com (the “Website”), Heather James, LLC (“Company,” “us,” “we,” and other similar terms) gathers certain information regarding users who visit the Website. The gathering of information is always reasonable in relation to our business or the purpose for which the Website exists, and includes, without limitation, various information provided by you or your ISP to us. We in turn, gather information from, and share information with necessary parties with whom or which we have an ongoing business relationship or may need to come into possession of user information in order to enable, facilitate, or otherwise enhance your experience with the Website. We take each user’s data privacy seriously, and at all times endeavor to collect, compile, handle, store, and disseminate user data (whether or not personally identifiable, “User Data”) in compliance with applicable law, including, as may be applicable to certain users, under the General Data Protection Regulation (the “GDPR”). This Privacy Policy sets forth the manner by which we undertake due care with respect to: (i) protecting User Data in accordance with applicable law and practices which we deem proper and commercially reasonably in relation to each form of User Data, (ii) protecting the rights of various parties handling, providing, and sharing or receiving User Data, (iii) our transparency with respect to the processing, handling, storage, and dissemination of User Data, (iv) our measures in respect to protection from data breach and other unauthorized disseminations of User Data, and (v) applicable law, including the GDPR generally, with respect to applicable users.

“Personal Data” is defined in the GDPR as User Data which can be used to directly or indirectly identify the applicable user. As used herein, Personal Data includes, without limitation, information such as (i) contact data (such as your first and last name, user name or alias, physical street address, city, state, zip code, phone number and email address), (ii) financial data (such as your PayPal account number, credit card number, credit card expiration date, and credit card verification code), (iii) demographic data (such as your zip code and gender), and (iv) other legal data (such as your social security number and other sensitive information) or any number of attributes, which taken together may lead to the identity of you (such as physical, physiological, genetic, mental, economic, cultural or social characteristics). Although an Internet Protocol (IP) address can only be used to determine the location of your device within a large radius, Personal Data, for the purpose of the GDPR may include your IP address, and moreover, cookies in relation to your use of the Website.

The below table sets forth how we may process data received by a user entitled to the protections of the GDPR.

“Data controller” and “data processor” are important concepts in understanding a company’s responsibilities under the GDPR. A company is a data controller when it has the responsibility of deciding why and how the Personal Data is processed. Under the GDPR, data controllers must adopt compliance measures to cover how data is collected, what it’s used for and how long it’s retained.

A company is a data processor when it processes Personal Data on behalf of a data controller. Under the GDPR, data processors have obligations to process data safely and legally.

Any transfer of Personal Data outside of the EEA (European Economic Area) must meet certain legal requirements. To the extent we are in receipt of Personal Data being transferred from inside the EEA to any region outside the EEA, we will at all times comply with applicable restrictions.

Visiting the Website

You can visit the Website without giving away your Personal Data. Company uses analytics tools, such as Google Analytics, and various cookies in order to improve our service, user experience and analyze how our website is used. Aside from the approximate location (IP address), the information collected by tools such as Google Analytics is mostly anonymous traffic data including browser information, device information, language. We do not collect additional information, such as your age, gender, interests, clickstream, or anything associated with a so-called user “Internet passport.”

We may collect User Data from the following sources:

• Registration information which you provide when registering for our services or products.
• Billing information, such as wire routing information or credit card number, which is required to process the payment for the products or services you order from us.
• Other information we collect, such as password clues or challenges, which may be used to verify your identity.
• Information you provide to us in response to our communications, such as your e-mail address for notifications, alerts, special offers and newsletters.
• Information that you provide to us through customer service communications and correspondence and general feedback.
• Precise Geolocation Information. The location of your device.
• Information about your device, including your hardware model, operating system and version, device name, unique device identifier, and mobile network information.
• Information about how you use the Website, including your access time, browser type and language, IP address, the domain name of your Internet service provider, specific pages you visit, content you view, features you use, the date and time of your visit, your search terms, and other clickstream data.
• Information from sources other than the Website, as may be legally permissible.
• Information from third-party verification services, credit bureaus, financial institutions, mailing list providers, and publicly available sources.
• Information about you from third parties in connection with any credit investigation, identity or account verification process, fraud detection process, or collection procedure.
• Information you have sent us for recruitment-related purposes.

A cookie is a piece of data stored on the hard drive of your computer that contains information about you and that is used for record keeping purposes. Cookies enable us to track and target your interests to enhance your experience on the Website. We may set and access cookies on your computer to provide you with customized content and to assist in providing the products that you have requested.

We may use cookies to:

• Remember that you have visited us or used the Website before.
• Customize elements of the layout and/or content of the Website, including advertisements and promotions.
• Collect data about the way you interact with the Website.
• Collect data to assess and improve our advertising campaigns.
• Allow our business partners to use tracking technologies to track your behavior on the Website and on partner websites.
• Enable third parties to collect data about the way you interact across sites outside of the Website.
• Collect anonymous statistical information about how you use the Website and the location from which you access it.

Most web browsers are initially set up to accept cookies; however, you can reset your browser to reject all cookies. If you reject cookies, you may still use the Website, although your access to some areas may be limited.

We may use third-party service providers to provide site metrics and other analytics services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, the browsers you use to access the Website, webpages viewed, time spent on webpages, links clicked, and conversion information. This information may be used to analyze and track usage of the Website and determine the popularity of certain content. For more information about targeted advertising, please visit www.aboutads.info/choices.

Pages on our website also may contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). A web beacon is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Website visitors and may be associated with cookies on the visitors’ hard drives. Web beacons do not contain any Personal Data, and allow us to count users who have visited certain pages of the Website, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns.

In order to provide certain services, we may require access to location information, including precise geolocation information collected from your browser or device. If you do not consent to collection of this information, certain services will not function properly. You may stop our collection of location information at any time by changing the preferences in your browser or on your mobile device.

We may, and we may use third-party service providers to, process and store your information. The third-party service providers that we engage will at all times be bound by confidentiality obligations and other appropriate restrictions with respect to their use and collection of your information.

We may use information about you for a number of purposes, including:

• Making available for use, improving, and developing the Website
• Determining whether the Website, our products, and/or our services are available in your country
• Providing you with our services, products, and features you elect to use
• Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of the Website
• Communicating with you regarding the website
• Protecting the website and maintaining a trusted environment
• Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, or other potentially prohibited or illegal activities
• Enforcing our Terms of Use or other applicable agreements or policies
• Verifying your identity
• Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process
• Contacting you to resolve disputes, collect fees, and provide assistance with the Website

We may share certain of the User Data, including Personal Data, with affiliated and non-affiliated third parties, including in connection with business operations, legal requirements, corporate transactions, or fraud prevention. Personal Data will not be sold, leased or otherwise made available to any person or entity not authorized by or associated with us.

Heather James Fine Art maintains strict privacy policies, ensuring that personal information of our users and members is not sold, rented, released, or traded to others without prior consent or a legal obligation.

You have choices when it comes to learning about our new offers, products or services, as well as those offered by our partners and affiliates. If you do not wish to receive these offers, you may opt out by emailing our Customer Care department at any time at info@heatherjamesgalleries.com. Alternatively, each marketing e-mail we send to you will include instructions on how to opt-out.

SMS Opt-In

By providing your phone number, you agree to receive text messages from this organization. Message and data rates may apply. Message frequency varies.

SMS Opt-Out

If you are receiving text messages from us and wish to stop receiving them, simply respond with either “STOP” or “UNSUBSCRIBE” to the number from which you received the message. Once we receive your message, you will no longer receive further text messages from us.

This Website’s Privacy Policy only applies to the Website and not to any other websites that you may access from the Website, each of which may have privacy policies that are materially different from this Privacy Policy. We encourage you to be aware when you leave the Website and to read the privacy policies of each and every other website, as we are not responsible or liable for the commitments and obligations made to you in any privacy policy or the Terms of Use of any such website.

We know it is very important to protect the information you share with us. We take appropriate security measures to help safeguard this information from unauthorized access and disclosure. We restrict access to nonpublic personal information about you to our employees who need to have access to such information in order to provide products or services to you, as well as to authorized third parties. We maintain physical, electronic, and procedural safeguards designed to protect your Personal Data.

No system can be completely secure. Although we take very significant steps to secure your information, there is always a chance that your information will not always remain secure. You should always take great care in handling and disclosing your personal information.

You have the right to request access to the information we have on you. You can do this by contacting us at info@heatherjamesgalleries.com. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to verify your identity.

If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. Any data governed by the GDPR that is no longer needed for the purposes specified herein will be deleted. If you wish for Company to delete information about you, you may simply contact us and instruct that we delete certain Personal Data, provided that such deletion may affect your use of the Website.

If you wish to deactivate or cancel your account, you can do so by making a request to us by email or phone, using the contact details provided below.

In order to use the Website and/or its products and/or services, you must be at least 13 years of age. The Website is not directed to or intended for use by persons under the age of 13 and we are not knowingly soliciting personal information from such persons. If we become aware that we have inadvertently received Personal Data directly from someone under the age of 13, we will delete such information from our records.

If you are under the age of 18, you must have the consent of your parent or guardian in order to consent to this Privacy Policy and use the Website.

We generally retain your information as long as reasonably necessary to provide you access to the Website and services delivered thereby, or to comply with applicable law. However, even after you deactivate your account, we may retain copies of information about you and any transactions or services in which you may have participated for a period of time consistent with applicable law, applicable statute of limitations, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request.

The laws of certain states within the United States permit residents of such states to request certain details about our disclosure of your Personal Data to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a resident of any such state (including California) and would like to request this information, please contact us at the address listed below.

We reserve the right to modify, add, alter or otherwise update this Privacy Policy from time to time. However, please note that each time you use the Website, the current version of this Privacy Policy will apply. If we decide to change our Privacy Policy, we will date and post those changes on the Website. Any and all changes to our Privacy Policy will also be reflected on this page.

This Privacy Policy is applicable to the Website offered by Company directly via our website. Our website may contain links to other websites. Once redirected to another website, this Policy is no longer applicable.

By using the Website, you hereby accept all of the terms set forth in our Privacy Policy. If you do not agree to accept all or any portion of such terms, then you are respectfully asked not to use the Website. Your continued use of the Website following the posting of such modifications, alterations or updates will signify your acceptance thereof.

In accordance with applicable law, we only collect a limited amount of information about you that is necessary for improving our service. We do not use profiling, we do not sell or in any other way spread your data to third parties, and we do not use your data for purposes other than what we specified. We also make sure that your data is stored securely. We delete all information deemed no longer necessary. We constantly review our Privacy Policy in order to make it better and protect you more.

If you wish to exercise any right afforded to you herein or under applicable law, or if you have any additional questions about our collection and storage of data, please contact us at:

If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your Personal Data have not been respected, you may file a complaint with our office listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response.