Privacy Policy




In connection with use of its (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, such as users, our employees and contractors, and our business partners, (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 (on the scale of miles or kilometers), Personal Data, for the purpose of the GDPR may include your IP address, and moreover, cookies in relation to your use of the Website. Notwithstanding the fact that we may treat certain User Data as User Data which is not Personal Data, and cannot be used in order to identify a user (“Non-Identifiable Data”), to the extent that the GDPR applies to you, we will always treat information based upon the GDPR’s characterization of Personal Data. For example, the IP or cookies of a user within the United States may be treated as Non-Identifiable Data, while the same attributed may be treated by the GDPR as Personal Data in certain instances.


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

Contractual necessity
  • Data processed must be necessary for the Website (or the purchase of products or services, as applicable) and defined in an agreement between a user and the Company
  • Requires a freely given, specific, informed and unambiguous consent by clear affirmative action, including any consent provided in this Privacy Policy
  • Users have a right to withdraw consent, which must be brought to their attention
  • Must be from a user over the age of consent in the applicable jurisdiction, otherwise given by or authorized by a parent / guardian
  • Explicit consent is required for some processing (e.g., special categories of Personal Data)
Legitimate interests
  • If a business or a third party has legitimate interests which are not overridden by a user’s rights or interests.
  • Processing must be paused if an individual objects to it

“Data controller” and “data processor” are important concepts in understanding a company’s responsibilities under the GDPR. Depending on the scenario, a company may be a data controller, data processor or both, and will have specific responsibilities as a result: A company is a data controller when it has the responsibility of deciding why and how (the “purposes” and “means”) 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. They will also need to make sure people can access the data about them. Data controllers must ensure data processors meet their contractual commitments to process data safely and legally. This Privacy Policy sets forth and discussed all matters in relation to our activities, if any, as a data controller.

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. This Privacy Policy sets forth and discussed all matters in relation to our activities, if any, as a data processor.

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.

To the extent that we operate as a data controller and/or processor, our workplace will at all times be cognizant of applicable restrictions, and comply therewith.



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, offered through the Website or a third party’s services or products. For example, you will be required to submit personal information such as your name, address, email, and date of birth to verify your identity prior to establishing your account.
  • 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 in the event you forget your login information.
  • Information you provide to us in response to our communications. For example, we may request that you provide your e-mail address so that we may send you 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. For more information and to learn how to disable collection of location information, please see below.
  • Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with the Website.
  • Information about how you use the Website, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Website, your search terms, the website you visited before you visited or used the Website, data about how you interact with the Website, 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. In some circumstances, where lawful, this information may include your government-issued identification number.
  • Information about you from third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.
  • Information you have sent us for recruitment-related purposes, such as contacting you. Additionally, Company may keep your data for a period of time for the purpose of considering you for a different opportunity.



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 also work with companies who provide services to maintain the Website and enable those service providers the right to use cookies on our website. Most cookies automatically delete themselves from your hard drive after each session. Like many other websites, we may automatically track information based upon your behavior on the Website, including combining information that we obtain through the use of cookies with Personal Data, or other aggregate or anonymous data, including a unique identification we may assign you. The information may include browser type, internet service provider, referring/exit pages, platform type, date/time stamp, IP address, and number of clicks, all used to analyze trends, administer the Website, track your movement in the aggregate, and gather broad demographic information for aggregate use. Most web browsers and mobile device browsers are initially set up to accept cookies; however, you can reset your browser to reject all cookies. If you reject the cookie, you may still use the Website, although your access to and use of some areas of the Website may be limited. In addition, if you refuse to accept cookies you agree to assume all responsibility for any resulting loss of functionality. Some of the cookies used in the Website are set by us, and others are set by third parties who deliver services on our behalf.

We may use cookies to:

  • Remember that you have visited us or used the Website before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
  • Customize elements of the layout and/or content of the Website, including, without limitation, advertisements and promotions.
  • Collect data about the way you interact with the Website (e.g., when you use certain features).
  • Collect data to assess and improve our advertising campaigns, including sending information to our business partners.
  • Allow our business partners (including third parties) to use these tracking technologies to track your behavior on the Website (including when you use multiple devices) 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 (including the length of your web or application session) and the location from which you access the Website, so that we can improve the Website and learn which elements and functions of the Website are most popular with our users.



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, other applications on your device, the browsers you use to access the Website, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information may be used by us and third-party service providers on our behalf in order to analyze and track usage of the Website, determine the popularity of certain content, and better understand how you use the Website. 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. Notwithstanding the foregoing protections, this Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit These third party service providers may make use of cookies to implement their services, as and where appropriate.



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. Web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We use log files to store the data that is collected through web beacons.



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 and you will not be able to use those services. 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, as applicable, are available in your country;
  • Otherwise providing you with our services, products, and features you elect to use, and as applicable, purchase;
  • 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, other potentially prohibited or illegal activities, or to otherwise help protect your account, including to dispute chargebacks on your behalf.
  • Enforcing our Terms of Use or other applicable agreements or policies;
  • Verifying your identity (e.g., through government-issued identification numbers).
  • Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process; fulfilling any other purpose disclosed to you in.
  • 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 without limitation in connection with the following:

  • We sometimes disclose the User Data we collect to our affiliated companies in connection with a transaction, or to enhance our services to better suit your needs.
  • We sometimes disclose the User Data we collect to companies that operate various services for us, such as marketing, distribution, banking, credit card processing, order fulfillment, administrative services, advertising, or certain product functionalities, or who otherwise provide goods or services which may be of interest to you. If you provide information to us, you are expressly consenting to receiving telephone calls, emails or text messages, or direct mail, from us, or on our behalf, regarding the products and services offered on the Website.
  • We may share your User Data as permitted by law.
  • Personal Data will not be sold, leased or otherwise made available to any person or entity not authorized by or associated with us, however, please be advised that certain Personal Data becomes a matter of public record upon the filing of certain documents with the appropriate government agency or court.
  • We may disclose your Personal Data in special cases when we have reason to believe that disclosing this information is necessary: (a) to identify, contact or bring legal action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with: (i) our legal rights or property, (ii) another visitor or anyone else that could be harmed by such activities; or (b) by operation of law or at the request for cooperation from law enforcement or another governmental agency.
  • In the event we go through a business transition, such as a merger, acquisition by another company, reorganization, a divestiture, a sale of all or a portion of our assets, or in the unlikely event of bankruptcy, your Personal Data and any information you provide to us will likely be among the assets transferred, and you hereby consent to such transfer.



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 [email protected]. Alternatively, each marketing e-mail we send to you will include instructions how to opt-out which you may utilize. Please note that you may still receive information from third parties to whom we have disclosed your information prior to the time you opted-out. You should contact each party in the event that you no longer want to receive information from such party.



We are deeply committed to your right to privacy. However, please note that 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.

Other websites and companies are responsible for complying with the GDPR independently, and we do not assume any duty to ensure that a website linked from, or which links to, the Website, complies with the GDPR.



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. For example, 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 (as stated above). We maintain physical, electronic, and procedural safeguards designed to protect your Personal Data. We protect your Personal Data over the internet by using a secure web server, which allows web browser programs (Netscape, Microsoft Internet Explorer, Safari, Chrome or Firefox) to interact with our web server via an encrypted session. Depending on which browser you use, you will know you are in secured area by “https” or a lock appearing in the lower right hand corner of your browser window. When you visit the Website, you may move in and out of secured areas. Anytime that you are on a page ordering products or services, or viewing your personal credit report, you will be in a secured area.

You should feel confident using our Website. However, 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, or our computers or systems are illegally accessed, and the data on them stolen or altered. You should always take great care in handling and disclosing your personal information. For example, avoid sending personal information through insecure email.

Please refer to the Federal Trade Commission’s website at for information about how to protect yourself against identity theft. We assume no liability or responsibility to you or to any third party arising out of any loss, misuse, destruction, or alteration of your information.



You have the right to request access to the information we have on you. You can do this by contacting us at [email protected]. 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. We will fulfil your request by sending your copy electronically, unless the request expressly specifies a different method. For any subsequent access request, we may charge you with an administrative fee.



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 are a user with rights under the GDPR, if at any point 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 or sending them requests for non-public personal information. 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 13, you must not use our products or services, including sending us any personal information.

Further, if you are under the age of 18, or the age of consent in the applicable jurisdiction, you must have the consent of your parent or guardian in order to consent to this Privacy Policy, our Terms of Use, and use the Website (and the service delivered thereby).



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 that is 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, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with the Website, to assist with investigations, to enforce our Terms of Use or other applicable agreements or policies, or to take any other actions consistent with applicable law.



The laws of certain states within the United States law 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, so you are encouraged to review 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 so that you are always aware of what information we collect, how such information is used and under what circumstances, if any, such information is disclosed. Any and all changes to our Privacy Policy will also be reflected on this page. You can determine whether the Privacy Policy has been revised since your previous visit to the Website by referring to the “Last Updated” legend at the top of this page. Please read this Privacy Policy carefully. Your use of this Website constitutes your acceptance to be bound by this Privacy Policy without limitation, qualification or change. If at any time you do not accept all the Terms of Use contained herein, you must immediately discontinue use of this Website. If at any point we decide to use Personal Data in a manner different from that stated at the time it was collected, we will notify you by way of email and you will then have a choice whether or not we can use such information in this different manner.



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.

This version of the Privacy Policy is effective from May 7, 2019.



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:

Heather James Fine Art
[email protected]
45188 Portola Avenue,
Palm Desert, CA 92260

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. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.