Last revised on August 24, 2020, effective as of August 24, 2020

WELCOME!

Welcome to the websites of Art by Karlene. We’re so grateful that you’re here! Below you’ll find a brief outline of our Terms and Conditions. Please take a moment to read things over before you agree.

COMMUNITY GUIDELINES

All Are Welcome Here — Let us align ourselves and co-create!

Humans of all genders, colors, races, sexual orientations, abilities, and faiths are welcome to participate in all Art by Karlene courses.

No Spamming

Everyone’s here to learn, grow, and expand as individuals and artists. Let us all respect each other’s time and stay on topic — let’s paint!

TERMS OF SERVICE

Never the less, these Terms of Service are a contract between you and Art by Karlene(referred to in these Terms of Service as “Art by Karlene”, “us”, “we” or “our”), the provider of the artbykarlene.org website and the services accessible from the artbykarlene.org website (which are collectively referred to in these Terms of Service as the “artbykarlene.orgService”).

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the artbykarlene.org Service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

DEFINITIONS

It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal data; therefore, the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.

“Art by Karlene”, “we”, “us”, or “our” refers to the provider of the Art by Karlene website and services, (collectively referred to as the “Art by Karlene Service.”).

“You” or “Customer” refers to the company or organization that signs up to use the Art by Karlene Service to manage the relationships with your consumers or service users.

“Party” refers to Art by Karlene and/or the customer depending on the context.

“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel’s rights are protected.

“Sub-processor” is a Third-party, independent contractors, vendors and suppliers who provide specific services and products related to the Art by Karlene website and our services, such as hosting, credit card processing and fraud screening, and mailing list hosting (“third-party” or “outside contractor” shall have similar meanings).

“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.

The terms, “Data Subject”“Personal Data”“Member State”“Controller”“Processor”, and “Processing” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

These Terms of Service are a contract between you and Art by Karlene(referred to in these Terms of Service as “Art by Karlene”, “us”, “we” or “our”), the provider of the artbykarlene.org website and the services accessible from the artbykarlene.org website (which are collectively referred to in these Terms of Service as the “Art by Karlene Service”).

For the sake of readability, we do not use initial capitalization of defined terms in this DPA. Defined terms are defined terms, irrespective of their format.

WEBSITE ACCESS

Visitors may access our websites and course material following agreement to our Terms and Conditions, which may be updated by us occasionally without prior notice. By browsing Artbykarlene.org website, and/or participating in our courses, you concede that you have read and agree to our Terms and Conditions.

YOUR ACCOUNT

  • Eligibility. Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 16 years of age or older
  • Restrictions. You may not use the Help Scout Service for any illegal or unauthorized purpose. You must not, in the use of the Help Scout Service, violate any laws in your jurisdiction, including, among other things, by:
    • distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
    • infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity;or
    • deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

SUB PROCESSORS

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

PRIVACY POLICY

Information we collect

When you sign up for our newsletter, you may be required to provide personal information, such as your name and email address.

When you register for a course, you may be required to provide personal information, such as your name, email address, mailing address, phone number, billing information, credit card information or other information.

The above information is only collected if it is provided voluntarily, such as by signing up for a newsletter or registering for a course.

How your information is protected:

We have enabled a variety of secure measures to keep your personal information protected. Art by Karlene only utilizes secured networks to collect and store information. All collected information is kept confidential, and is only accessible by members of the Art by Karlene team.

Cookies

We use cookies and similar tracking technologies to track the activity on the Art by Karlene Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

RETURN AND REFUND POLICIES

  • No Refunds or Returns Permitted
  • All sales are final. Paintings are non-refundable. No exceptions.

INTELLECTUAL PROPERTY

Artbykarlene.org websites contain paintings, images, training videos, photographs, graphics, and other material provided by Art by Karlene. Unauthorized use of the Content may violate copyright or trademark laws. Karlene Ellsworth shares her art and wisdom as an act of love. Please be respectful. If you’d like to use an image or graphic or other information provided by Art by Karlene, please contact us first.

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Art by Karlene has no obligation to prescreen or monitor your access to or use of the Art by Karlene Service or any information, materials or other content provided or made available through the Art by Karlene Service, but has the right to do so. You hereby agree that Art by Karlene may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

We utilize computer cookies (aka a web cookie, Internet cookie, browser cookie) to record the user’s browsing activity, including clicking particular buttons, logging in, or recording which pages were visited in the past.

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Art by Karlene has no obligation to prescreen or monitor your access to or use of the Art by Karlene Service or any information, materials or other content provided or made available through the Art by Karlene Service, but has the right to do so. You hereby agree that Art by Karlene may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Modifications to the artbykarlene.org Site and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Art by Karlene Service (or any part thereof) with or without notice.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Art by Karlene Service. Your continued use of the Art by Karlene Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Art by Karlene Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

The contents of the Art by Karlene Service are copyrighted under the United States copyright laws (©artbykarlene2019, ©artbykarlene2020). Art by Karlene, and the Art by Karlene logos, are trademarks of Art by Karlene and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Art by Karlene Service.

Indemnification

You agree to indemnify and hold Help Scout, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Art by Karlenet Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The Art by Karlene Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Help Scout is a distributor and not a publisher of the content supplied by third parties. No oral advice or written information given by Art by Karlene or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Art by Karlene does not warrant that the Art by Karlene Service will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

Art by Karlene will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Art by Karlene Service, whether or not Art by Karlene is advised of the possibility of such damages. You acknowledge and agree that Art by Karlenes maximum liability to you will not exceed the amount you have paid Art by Karlene in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Art by Karlene Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Jurisdiction and Venue

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Pennsylvania, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of Pennsylvania and the federal courts situated in Pennsylvania in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of Art by Karlene. Art by Karlene will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Art by Karlene operates and controls the Art by Karlene Service from its offices in the United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Art by Karlene Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the Art by Karlene Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Art by Karlene concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

PRIVACY Policies and Procedures

We’re committed to keeping your data secure, your private information private, and being transparent about our practices as a business.

Data Processing Amendment (DPA)

Art by Karlene’s Data Processing Amendment v. 1.0 (as of Aug, 2020).

Introduction to this Amendment

Processing personal data in a secure, fair, and transparent way is extremely important to us at Art by Karlene. As part of this effort, we process personal data in accordance with EU Data Protection Laws including EU’s General Data Protection Regulation (“GDPR”), the EU/US Privacy Shield principles (“Privacy Shield”), and Non-EU Data Protection Laws governing the handling of various types of personal data including the California Consumer Privacy Act (“CCPA”), and Payment card industry compliance (“PCI”).

To better protect individuals’ personal data, we are providing these terms to govern Art by Karlene’s and your handling of personal data (the “Data Processing Amendment” or “DPA”). This DPA amends and supplements your Terms of Service (“ToS”) and requires no further action on your part.

If you do not agree to this DPA, you may discontinue the use of the Art by Karlene service and cancel your account.

Definitions

It is important that all parties understand what data and whose data is protected under this DPA. Each party has respective obligations to protect personal data; therefore, the following definitions explain the scope of this DPA and the mutual commitments to protect personal data.

“Art by Karlene”, “we”, “us”, or “our” refers to the provider of the Art by Karlene website and services, (collectively referred to as the “Art by Karlene Service.”).

“You” or “Customer” refers to the company or organization that signs up to use the Art by Karlene Service to manage the relationships with your consumers or service users.

“Party” refers to Art by Karlene and/or the customer depending on the context.

“Personnel” refers to those individuals who are employed by or are under contract to perform a service on behalf of one of the parties. Personnel may have rights in their personal data (including business contact information) if they reside in the EU. It is important to be clear about how personnel’s rights are protected.

“Sub-processor” is a Third-party, independent contractors, vendors and suppliers who provide specific services and products related to the Art by Karlene website and our services, such as hosting, credit card processing and fraud screening, and mailing list hosting (“third-party” or “outside contractor” shall have similar meanings).

“Incident” means: (a) a complaint or a request with respect to the exercise of an individual’s rights under the GDPR; (b) an investigation into or seizure of the personal data by government officials, or a specific indication that such an investigation or seizure is imminent; or (c) any breach of the security and/or confidentiality as set out in this DPA leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the personal data, or any indication of such breach having taken place or being about to take place.

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The terms, “Data Subject”“Personal Data”“Member State”“Controller”“Processor”, and “Processing” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.

For the sake of readability, we do not use initial capitalization of defined terms in this DPA. Defined terms are defined terms, irrespective of their format.

1. Undertakings regarding personal data

  1. Each party agrees that personal data shall be treated as confidential information under this DPA. In addition, each party shall at all times comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.
  2. Personal Data shall remain the property of the disclosing party. Art by Karlene acknowledges that customer is the controller and maintains control over data subject’s personal data.
  3. Art by Karlene will process customer’s personal data only to the extent strictly necessary for the purpose of providing the services in accordance with the ToS and any further written instructions from the customer that are mutually agreed upon in writing. Art by Karlene agrees that:
    1. it will implement and maintain a reasonable and appropriate security program comprising adequate security, technical and organizational measures to protect against unauthorized, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data;
    2. it will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on Art by Karlene’s behalf unless the third party is bound to similar confidentiality and data handling provisions;
    3. it shall ensure that access to personal data is limited to those personnel who require such access to perform its obligations under the ToS, and its personnel engaged in the processing of personal data are informed of the confidential nature of the personal data.; and
    4. it will only process customer personal data to the extent necessary to perform its obligations under the ToS, upon written instructions of the customer (only as mutually agreed upon), and in accordance with applicable laws.
  4. Upon termination of your account Help Scout will delete, destroy, or anonymize the personal data in accordance with our standard backup and retention policy per the ToS, normally, no later than 90 days, unless we are required to retain personal data due to Union, Member State or United States laws; in which case Art by Karlene reserves the right to retain personal data.

2. Undertakings regarding sub-processors

  1. The parties acknowledge that Art by Karlene may engage third-party sub-processors in connection with the obligations of the ToS. For any sub-processor with which Art by Karlene engages, we will enter into a written agreement containing data protection obligations no less protective than those in this amendment and as required to protect customer’s personal data to the standard required by the GDPR
  2. Art by Karlene shall make available to customer the current list of sub-processors by posting that list online above: Art by Karlene shall update the list with details of any addition or replacement of sub-processors. If customer has a reasonable basis to object to Art by Karlene’s change in sub-processors, customer shall notify Art by Karlene promptly regarding sub-processor changes. Customer may object to a new sub-processor appointment or replacement, provided such objection is based on reasonable grounds related to data protection. Art by Karlenewill use reasonable efforts to work in good faith with customer to find an acceptable, reasonable, alternate solution. If the parties are not able to agree to an alternate solution, customer may suspend or terminate their account.

3. Customer undertakings and Art by Karlene’s assistance

  1. Customer warrants that it has all necessary rights to provide to Art by Karlene the personal data for processing in connection with the provision of the Help Scout Services.
  2. To the extent required by applicable law, customer is responsible for ensuring that any data subject consents that may be necessary to this processing are obtained, and for ensuring that a record of such consents is maintained, including any consent to use personal data that is obtained from third parties. Should such consent be revoked by a data subject, customer is responsible for communicating the fact of such revocation to Art by Karlene, and Art by Karlenet remains responsible for implementing any customer instruction with respect to the further processing of that personal data, or, as may be in accordance with any of Art by Karlene’s legal obligations.
  3. Customer understands, as a controller, that it is responsible (as between customer and Art by Karlene) for:
    1. determining the lawfulness of any processing, performing any required data protection impact assessments, and accounting to regulators and individuals, as may be needed;
    2. making reasonable efforts to verify parental consent when data is collected on a data subject under 16 years of age;
    3. providing relevant privacy notices to data subjects as may be required in your jurisdiction, including notice of their rights and provide the mechanisms for individuals to exercise those rights;
    4. responding to requests from individuals about their data and the processing of the same, including requests to have personal data altered, corrected, or erased, and providing copies of the actual data processed;
    5. implementing your own appropriate technical and organizational measures to ensure and demonstrate processing in accord with this DPA;
    6. notifying individuals and any relevant regulators or authorities of any incident as may be required by law in your jurisdiction.
  4. Art by Karlene shall assist the customer by implementing appropriate technical and organizational measures, insofar as this is reasonably and commercially possible, in fulfilling customer’s obligations to respond to individuals’ requests to exercise rights under the GDPR.
  5. Art by Karlene shall assist the customer by implementing appropriate technical and organizational measures, insofar as this is reasonably and commercially possible, to ensure compliance with articles 32 to 36 (inclusive) of the GDPR
  6. Customer may contact Art by Karlene in writing to schedule an audit of the procedures relevant to the protection of personal data. Customer shall reimburse Art by Karlene for any time or resources expended for any such on-site audit at the Art by Karlene’s then-current professional services rates, which shall be made available to customer upon request. Before the commencement of any such on-site audit, customer and Art by Karlene shall mutually agree upon the scope, timing, and duration of the audit. Customer shall promptly notify Art by Karlene with information regarding any non-compliance discovered during the course of an audit.

4. Incident Management

  1. When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
  2. Both parties shall at all times have in place written procedures which enable them to promptly respond to the other about an incident. Where the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other without undue delay of having become aware of such an incident.
  3. Any notifications made under this section shall be made to [email protected] (when made to Help Scout) and to our point of contact with you (when made to the customer), and shall contain: (i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals concerned and the categories and approximate number of records concerned; (ii) the name and contact details of the point of contact where more information can be obtained; (iii) a description of the likely consequences of the incident; and (iv) a description of the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects.

5. Liability and Indemnity

  1. Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of this DPA.

6. Duration and Termination

  1. This DPA shall come into effect on May 25, 2018 and shall continue until it is changed or terminated in accordance with the ToS.
  2. Termination or expiration of this DPA shall not discharge the parties from the confidentiality obligations herein.

Annex A – Jurisdiction-Specific Terms

California

  1. The definitions of: “controller” includes “Business”; “processor” includes “Service Provider”; “data subject” includes “Consumer”; “personal data” includes “Personal Information”; in each case as defined under CCPA.
  2. “Process,” “Processed” or “Processing” means any operation or set of operations which is performed on Personal Information, or on sets of Personal Information, whether or not by automated means.
  3. Help Art by Karlene’s obligations regarding data subject requests, as described in Section 3(d) and 3(e) (data subject rights and cooperation) of this DPA, apply to Consumer’s rights under the CCPA.
  4. Notwithstanding anything to the contrary, Customer Personal Information is the Personal Information that Art by Karlene processes on behalf of Customer under the Agreement. Art by Karlenet may Process Customer Personal Information for the sole purpose of performing its obligations under the Agreement and shall not use Customer Personal Information for any other purpose without the express written consent of Customer. In particular, Help Scout shall not: (i) sell, as it is defined in the CCPA, Customer Personal Information or share Customer Personal Information with any third party without Customer’s permission; (ii) retain, Customer or disclose Customer Personal Information for any purpose other than the purposes specified in this Agreement, including retaining, using or disclosing Customer Personal Information for a commercial purpose other than to provide its services to Customer; and (iii) retain, use or disclose Customer Personal Information outside of Art by Karlene’s business relationship with Customer. The parties acknowledge that any disclosure of Customer Personal Information pursuant to the Agreement does not confer any value under the Agreement.
  5. Art by Karlene shall comply with all applicable requirements of the CCPA in the performance of its obligations under the Agreement, including implementing and maintaining reasonable security measures appropriate to the nature of the Personal Information, in order to protect Customer Personal Information from unauthorized access, destruction, use, modification, or disclosure. Art by Karlene undertakes to repair any harm any person may suffer due to Processing performed in violation of its legal, regulatory and contractual obligations, except if Art by Karlene proves that it is not liable for such harm.
  6. Art by Karlene may de-identify or aggregate personal data as part of performing the Service specified in this DPA and the Agreement.
  7. Where sub-processors process the personal data of our customers, Art by Karlene takes steps to ensure that such sub-processors are Service Providers under the CCPA with whom Art by Karlene has entered into a written contract that includes terms substantially similar to this DPA or are otherwise exempt from the CCPA’s definition of “sale”. Art by Karlene conducts appropriate due diligence on its sub-processors.