Website Privacy Policy

Last Modified: November 11, 2022.

Purpose
Mind’s Eye Design Co. (hereinafter “we,” “our,” “us”) is committed to protecting your privacy and maintaining a quality online experience for our website users. 
This Privacy Policy describes the type of personal information we may collect from you or that you may provide when you visit http://mindseyedesign.co/ (hereinafter “Website”) and our practices for handling, storing, and protecting that information as well as your rights in relation to your personal information and how you can contact us and supervisory authorities in the event you have questions about how we handle your personal information.

Privacy Policy Consent
Please read this Privacy Policy carefully and in its entirety before using our Website. If you do 
not agree with our policies and practices regarding your personal information and how we will treat it, your choice is to not use our Website. Your use of our Website constitutes your voluntary acceptance to be bound by this Privacy Policy, whether you have read it or have had the opportunity to read it and have chosen not to. 
This Privacy Policy applies to the information we collect:
On this Website.
In email, text, and other electronic messages between you and this Website.
When you interact with our advertising on third party websites and services, if that advertising includes links to this Privacy Policy.
It does not apply to information that is collected by:
Us offline or through any other means, including on any other website operated by any third party (including our affiliates).
Any third party (including our affiliates) through any content (including advertising) that may link to or be accessible from (or on) the Website.
Children’s Online Privacy Protection Act (COPPA)
This Website and any products and services offered herein are not intended for persons under the age of 18. 
We prohibit children under the age of 18 from using any and all interactive portions of this Website, including leaving any comments, filling out forms, or otherwise submitting information. A child’s parent or guardian should contact us if we have inadvertently collected any information or content from that child without the parent or guardian’s authorization, so that we may delete that information from our records.

CAN-SPAM Act of 2003
We have taken the necessary steps to ensure that we are in compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 and will not send misleading information. 

Personal Information We Collect
The type of personal information we collect depends on how you are interacting with us. We generally collect the following categories of personal information:
+ Contact information, such as first and last name, email address, postal address, phone number, and other similar contact data;
+ Records and copies of your correspondence (including email address) if you contact us;
+ Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website and we will use a third-party payment processor to process the payment. We do not collect your credit card or debit card number, expiration date, or pin number; 
+ Comments, feedback, questions and other information you provide to us;
+ Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website;
+ Information about your computer and internet connection, including your IP address, operating system, and browser type; 
+ Social media account information.
+ We will not sell or share your personal information and have not done so in the last 12 months. 
+ We may transfer your personal information to a third party in the event of a bankruptcy, dissolution, merger, sale, acquisition, or change of control.
+ We may transfer your personal information to a third party if we need to comply with our legal obligations, resolve disputes, and/or enforce our agreements.

Use of Cookies
“Cookies” are small text files that are placed on a computer or other device and used to identify the user or device and to collect information when you visit a website. Cookies may be set by the website you are visiting (also known as “first party cookies) or by third parties who provide advertising or analytics services on the website (also known as “third party cookies).
We use absolutely necessary cookies which allow you to move around our website and use its features. We also use performance cookies for future advertising goals and data insights about our customer’s online behavior regarding our site and products. We use Google Analytics, Facebook Pixels, Flodesk, Tiktok Pixels, Pinterest Pixels, Facebook Tags, and have the rights to use The Google Marketing Suite in the future if we deem it beneficial for any of our products or services.
You can disable cookies through your web browser’s settings, but disabling this function may diminish your experience on our Website as some features may not work as intended. 

Interest Based Advertising
Our Website also allows third parties to collect certain personal information during your visit to the Website to provide interest-based advertising to you.
Website users may opt out of online behavioral advertising by:
+ Going to their account privacy settings in their browser and turning off personalization;
+ Going to the Digital Advertising Alliance’s opt out tool, http://optout.aboutads.info;
+ Going to the Network Advertising Initiative’s opt out tool, https://www.networkadvertising.org/choices; or
+ Going to https://www.youronlinechoices.com/, if you’re based in the EU.
 “Do Not Track” (DNT) Signals
Some browsers transmit Do Not Track (DNT) signals to websites. 
Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. 

How the Information is Shared
Depending on how you interact with us, we share information with our third-party service providers, agents and representatives, including, but not limited to, [1] eCommerce platform providers, payment processing providers, email service providers, IT service providers, security and software service providers, in order to process the information as necessary to complete a transaction, fulfill your request, or otherwise on our behalf based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:
meet any applicable law, regulation, legal process or other legal obligation;
detect, investigate and help prevent security, fraud or technical issues; and/or
protect the rights, property, or safety of us, our Website, our users, employees, or others.
Our current third-party service providers include:
+ Showit - Website Design
+ Stripe - Payment processing
+ Godaddy – Domain Hosting
+ Manychat – Facebook Messenger Marketing
+ Facebook – Social Media and Community Engagement
+ Instagram - Social Media and Community Engagement
+ Tiktok - Social Media and Community Engagement
+ Pinterest – Advertising and Marketing
+ Google Marketing Suite – Data Analyzation and Marketing Tools
+ Flodesk - Email marketing and community engagement
+ Honeybook - client relations and project management

Information Retention
We retain your personal information for as long as necessary to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements, or until such time as you let us know you would like for us to delete it or unsubscribe from our marketing contacts.

Information Protection and Security 
Our Website uses commercially acceptable security measures to prevent your personal information from being lost, used, or accessed in an unauthorized way. We use a Secure Sockets Layer (SSL) certificate and never transmit your credit card information via email. If you receive an email from us that appears to be a request for personal information, do not respond because it may be a phishing scam designed to steal your personal information.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. 
Should there be a data breach, we will notify you when we are legally required to do so. 

Your Rights to Control Your Information

You can unsubscribe from our e-newsletters or updates at any time through the unsubscribe links found in the communications you receive from us.

If you are covered by the General Data Protection Regulation (GDPR), you may have rights under European and other laws to have access to your personal information and to ask us to rectify, erase and restrict the use of your personal information. You may also have the rights to object to your personal information being used, to ask for the transfer of personal information you have made available to us, and to withdraw consent to the use of your personal information. Further information on how to exercise your rights is set out below.

We will honor your rights under applicable data protection laws. You have the following rights under European laws, and may have similar rights under the laws of other countries:
+ Right of access: to make a written request for access to and a copy of your personal information
+ Right to rectification: to have your inaccurate personal information corrected or removed
+ Right to erasure ('right to be forgotten'): to have your personal information erased
+ Right to restriction of processing: to limit the purposes that your personal information may be used for
+ Right to object: to object to the processing of your personal information in cases where our processing is based on direct marketing, processing for scientific/historical research and statistics, legitimate interest processing, and processing in regards to the performance of a public interest or official authority task
+ Right to data portability: to have your personal information transferred to you or a third party in a machine-readable format
+Right to withdraw consent: to withdraw your consent that we handle your personal information at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on your consent before its withdrawal

These rights are not absolute and they do not always apply in all cases.

Filing a Complaint

If you are covered by the GDPR, and you are not content with how we manage your personal information, you may lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you are a resident, work, or where the alleged infringement of data protection laws took place.

Exercising Your Rights
If you wish to exercise any of the rights specified above, please submit a request via email to:
caroline@mindseyedesign.co
Please be sure to specify which right you want to exercise and provide us with enough information to verify your identity. If we cannot verify your identity, we may not be able to fulfill your request.

We will respond to your request within 30-45 calendar days of receipt, depending on where you reside. We will notify you in writing via email if we need more time to respond. 

We may deny your request if certain exceptions in the law apply. We will provide you the reason(s) for denial in writing via email.

Use and Transfer of Your Information Out of the European Economic Area (EEA) or Canada
This Website is operated in the United States and the third parties with whom we might share your personal information (as explained above) are also located in the United States or other countries located outside the EEA and Canada. 
If you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this Website and/or providing your information, you consent to this transfer. 

Contact Us
If you have any questions, comments, complaints, or suggestions in relation to this Privacy Policy or our privacy practices, please contact us by by email:
caroline@mindseyedesign.co

Changes to this Privacy Policy 
The date this Privacy Policy was last revised is identified at the top of the page. It is our policy to post any changes we make to our Privacy Policy on this page. If we make any material changes to how we treat our Website users’ personal information, we will notify you of any such changes by email (if you have provided your email to us) and/or by a prominent notice displayed on our Website’s home page and updating the revised date of our Privacy Policy. We recommend that you check this Privacy Policy when you visit our Website to be sure that you are aware of our most current policy.

 



Please also read our Terms and Conditions of Use.


Last Modified: November 11, 2022.

Use and Consent 
Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using http://mindseyedesign.co/ (hereinafter “Website”). 
These Terms and Conditions are entered into by and between Mind’s Eye Design Co., LLC (hereinafter “we,” “our,” “us”) and you.
As a user of our Website, you agree to these Terms and Conditions, and your use of our website constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to. 
This website is not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.

Privacy Policy
We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy linked above. 

Legal and Financial Disclaimer
You understand and agree that this Website is intended to provide information and education. The information provided is not business, financial, or legal advice. 
You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular personal, business, and financial situation so that you can take the right steps for you and your situation. 

Earnings Disclaimer 
You understand and agree that this Website is intended to provide information and education to assist you in attaining your goals. 
You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income. 

No Warranty or Liability 
The information provided on our Website is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our Website or for any errors or omissions in its content or in materials requested through email. 
The use of our Website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Mind’s Eye Design Co., LLC assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our Website or in connection with any materials offered through the Website.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MIND’S EYE DESIGN CO. AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR MATERIALS REQUESTED THROUGH EMAIL; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND. 

MIND’S EYE DESIGN CO’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100. 

We expressly exclude any liability to the fullest extent of the law. 

By using our Website and its content or requesting materials via email, you agree to this limitation of liability and release Mind’s Eye Design Co. from any and all claims.

Indemnification 
You agree at all times to defend, hold harmless, and indemnify Mind’s Eye Deisgn Co., LLC, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our Website or its content, or materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our Website (including any content you submit, post to, or transmit through our Website). 
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge. 

Intellectual Property Protection and Personal Use 
The materials contained on our Website, including, but not limited to, digital products, programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of Mind’s Eye Design Co. and are protected by United States intellectual property rights. 
Mind’s Eye Design Co., LLC grants you a limited non-exclusive non-transferable license to view, download, and/or print the content of our Website solely for your personal, non-commercial use [with respect to your business]. You agree not to copy, republish, frame, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based our Website, its materials, or its services, except as expressly authorized herein.
While we love the sharing of our content via social media, and our Website uses various plug-ins and widgets to allow for this type of sharing, the use of these plug-ins and widgets does not constitute a waiver of Mind’s Eye Design Co.’s intellectual property rights. Such use is a limited license to republish our website content on the approved social media channels with full credit to our Website.
Nothing contained on our Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Mind’s Eye Design Co. or by any third party.
Any other use of the materials in our Website and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited. 
You agree that you will not use our Website, digital products, programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.

Your License to Us
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time. 
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.

User Limitations
You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:
+ Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
+ Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
+ Advertises or otherwise solicits funds or is a solicitation for goods or services. 
You agree to use this Website for lawful purposes only and agree not to violate or attempt to violate any security features of our Website including, but not limited to:
+ Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
+ Attempting to probe, scan, or test the vulnerability of our Website or any associated system or network, or to breach security or authentication measures without proper authentication;
+ Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
+ Using our Website to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
+ Forging any TCP/IP packet header or any part of the header information in any email or in any posting to our Website; or
+ Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Mind’s Eye Design Co. in providing our Website.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. Mind’s Eye Design Co. intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.

Testimonials
Our Website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our Website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience. 

No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our Website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business. 
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Affiliate Disclosure 
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link. 
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur. 

Third Party Links
From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Mind’s Eye Design Co. If you use those links, you leave our Website. 
You agree that Mind’s Eye Design Co. is not responsible for the content, availability, or accuracy of other websites that may be linked to our Website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy. 
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Mind’s Eye Design Co. is not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website. 
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from our Website. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.

Termination 
We reserve the right to terminate your access to our Website, in full or in part, at any time for any reason. 

Dispute Resolution and Jurisdiction 
These Terms and Conditions shall be governed and construed according to the laws of the State of California, without regard to conflict of laws principles. The nearest state and federal court to Los Angeles, California shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or via materials requested through email.
By using our Website or its content, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Mind’s Eye Design Co. must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs. 

Severability
If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect. 

Modification of Terms and Conditions
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without notice, and it is your responsibility to review these Terms and Conditions for any changes. Such changes are effective immediately upon us posting the revised Terms and Conditions. Your use of the Website following any change(s) to these Terms and Conditions will constitute your agreement and acceptance of the revised Terms and Conditions.

We recommend that you check the Terms and Conditions when you visit our Website to be sure that you are aware of our most current policies.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: caroline@mindseyedesign.com



TERMS AND CONDITIONS

PRIVACY POLICY

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