PRIVACY POLICY

THALO TAKES PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA.

 

By accessing this Website, You acknowledge the Website Privacy Policy and agree to be bound by the terms thereof. If there is anything You do not understand please email any inquiry to inquiry[at]thalo.com or inquiry[at]maxgrumbachergallery.com, as the case may be. If at any time You do not agree to this Privacy Policy, please do not use this Website.

 

This Site is operated by Thalo LLC. ("Thalo"), the licensee of the trademarks THALO, GRUMBACHER, MAX GRUMBACHER, THALOTV, and other trademarks (“Marks”). “Website” means the websites located at www.thalo.com, www.maxgrumbachergallery.com, any subsequent URL which may replace these websites, and all associated websites, URLs and micro sites. "You/Your" means you as a user of the Website. “User” means all users of this Website. Thalo offers this Website, including all information, tools and services available from this Website, to You conditioned upon Your acceptance of all the terms, conditions, policies and notices stated here. YOUR CONTINUED USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY POLICY.

 

Thalo values its Users and respects Your privacy. Thalo collects information about You through the Website in an effort to improve Your online experience and to communicate with You about Thalo’s products, services and promotions. Neither Your name nor anything personal about You is sold or shared with any non-affiliated company or agency. However, as described in greater detail below, Thalo may share Your information under certain circumstances with businesses we work with to help the Website function.

 

This Privacy Policy describes the personal information Thalo collects about You, why Thalo collects it, how Thalo uses it, and when Thalo shares it with third parties. This Privacy Policy also describes the choices You can make about how Thalo collects and uses certain of that information.

 

Thalo reserves the right to change or update this Privacy Policy by posting such changes or updates to the Website. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is Your responsibility to review any such changes or updates and check the Website from time to time to be sure You understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute Your acceptance thereof.

 

1.     Types of Information Collected

 

Thalo will ask You for certain kinds of personal information to provide the various services on the Website. This information includes:

 

        Your Account - You have the opportunity to create personal accounts with the Website. These accounts allow You to use certain features on the Website and fully access the Online Services (as defined in the Terms and Conditions). You may visit/peruse most of the areas in the Website, including the Max Grumbacher Gallery section, (which can also be accessed through its own URL www.maxgrumbachergallery.com) without creating an account.  If you would like to participate in any of the Online Services provided through the Website, You will need to open the appropriate account to allow You to do so. You have two options for creating an account:  (i) an account with www.thalo.com (“Thalo Account”); and (ii) an account with www.maxgrumbachergallery.com (“Gallery Account”).  If You choose to create one or both types of accounts, you must follow the instructions for setting up such account(s) on the relevant portion of the Website.

 

 

Register for:

 

(i)     a Thalo Account if You would like to leave comments or rate content on the Website, participate in the Jobs & Careers section, participate in the contest section, and/or shop for products in the shop section (but not including Reproductions offered for sale through the Max Grumbacher Gallery).

 

(ii)     a Gallery Account if You would like to participate as an artist to exhibit and/or sell original artwork and/or reproductions or if you would like to participate as a buyer to purchase original artwork or reproductions through the Max Grumbacher Gallery.

 

You may not have multiple Thalo Accounts or multiple Gallery Accounts as You may have only one Thalo Account and one Gallery Account.  Once You open an account, You may be prompted to provide additional information in order to utilize or participate in certain Online Services. Using a login name and password of Your choice, You may access Your account(s) online at any time to add, delete, or change Your information. In creating Your account(s), You authorize Thalo to store Your name and email address and other personal information that You are asked to provide when You create Your account(s).  By providing this information to Thalo, You are authorizing Thalo to store such information in connection with the Website, and You are also authorizing Thalo to continue to store such information for archival purposes even if You change or delete any of Your account(s).  This information is not used for any other purpose and is not sold to or shared with any person or entity not affiliated with Thalo; although, as described in more detail below, Thalo may provide this information to certain companies hired by Thalo to help the Website function. If You ever use a public computer to login to any of Your accounts on the Website, You are strongly encouraged to log out at the conclusion of Your session. By doing so, although Your information will still be stored in connection with the Website, it will not be accessible to anyone else from that computer. As set forth in the Terms and Conditions, Thalo will not be responsible for Your failure to take the appropriate steps to keep Your personal account information private.

 

          Email List - When You create a Thalo Account or a Gallery Account, You will be given the option to be added to Thalo’s email list. However, if You use Your Thalo Account to participate in the Jobs/Careers Section or enter a contest, or if you use your Gallery Account to participate as an Artist in the Art Program at www.maxgrumbachergallery.com, you may not opt out of receiving Thalo’s emails relating to those programs as these emails will contain vital information about the programs. If You use Your Thalo Account or Gallery Account for shopping only, You will have the option to opt out of receiving Thalo’s emails, but You cannot opt out of receiving emails relating to orders You have placed. In any case, Your email address will not be sold to or shared with anyone who is not affiliated with or working for Thalo. Provided that You may opt out of receiving Thalo’s emails under the conditions described herein, your subscription to the email list can be cancelled at any time. To be removed from Thalo’s email list, please email Thalo at unsubscribe[at]thalo.com or unsubscribe[at]maxgrumbachergallery.com, as the case may be and include Your name and email address in the message, or click the unsubscribe button found at the bottom of the emails You receive from Thalo.

 

          Credit Card Information - When You place an order for products or register for certain Online Services, You will be asked to provide Your credit card information. If You create a Gallery Account and are accepted as a Max Grumbacher Gallery artist, Your credit card information will be stored by Thalo’s credit card processing company, and You will be charged the yearly fee as long as your Gallery Account is active. Other than as described in the preceding sentence, Your credit card information will not be permanently stored by Thalo or the credit card processing company after Your transaction has been completed. 

 

          Calls to Customer Service/Participation in Promotions/Sweepstakes or Surveys - If You call Thalo’s Customer Service center or participate in one of Thalo’s promotions or contests or User surveys, You may be asked for additional information, such as Your age, interests or product preferences.

 

 

2.     Use of Your Personal Information

 

Thalo uses the information collected from You for various purposes, including:

- to complete Your purchase transactions

- to provide the services You request

- to keep You informed about the status of Your orders

- to identify Your preferences, so Thalo can notify You of information or products, services, and promotions that might be of interest to You

- to notify You of product recalls or provide other information concerning products You have purchased

- to improve merchandise selections, customer service, and overall shopping experience

- to communicate with You by email, postal mail, telephone, text message, or other means

 

3.     Sharing Information With Third Parties

 

3.1     Thalo does not share, sell or trade with third parties (other than third parties hired by Thalo to help the Website function) any of Your personal information, such as email addresses, telephone numbers, or other specific details about You, except with Your consent or as may be required by law. Thalo does not contribute to or participate in cooperative databases, which give other companies access to such personal information.

 

3.2     Thalo may provide access to Your personal information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit Thalo’s legal liability and protect Thalo’s rights or to protect the rights, property or safety of other Users or visitors of this Website or the public.

 

3.3     Thalo may also disclose information to outside companies that help bring You the services Thalo offers. For example, Thalo may work with an outside company to: (a) manage a database of customer information; (b) assist in distributing e-mails; (c) assist with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone; (g) manage Thalo’s sweepstakes and contests; and/or (h) provide other services designed to assist Thalo in maximizing its business potential and maintaining the Website. Thalo requires that these outside companies agree to this Privacy Policy and keep confidential all information Thalo shares with them and to use the information only to perform their obligations in their agreements with Thalo.

 

3.4     Thalo may also make non-personal information available, in aggregate form, to marketing partners, advertisers, and others in order to assist Thalo in providing its services and identifying potential customers. This information will not include anything that is personal about you or allow any such third parties to identify you or access your personal information.

 

3.5     Thalo may disclose Your personal and non-personal information to any successor company, such as a company that acquires Thalo. In the event Thalo is acquired or merged with another company, Your personal and non-personal information will likely be among the assets transferred.

 

4.     Cookies and Pixel Tags


4.1     Several of the functions on the Website use cookies. A cookie is a small piece of information sent by a website that is saved on Your hard drive by Your computer's browser. Cookies help Thalo remember You when You return to the Website. Cookies also hold information Thalo may need to personalize or enhance Your experience and to gather Website statistical data, such as which pages are visited, the Internet provider's domain name and the addresses of the sites visited immediately before coming to and immediately after leaving the Website.  However, none of this information is associated with You as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets Thalo anonymously trace Your "clickstream" activity (i.e., the paths taken by visitors to the Website as they move from page to page) to enable Thalo to better serve its customers by revealing which portions of the Website are the most popular. Cookies contain absolutely no personal information, and You may also disable cookies on Your browser. Please review Your browser's instructions for doing so.

 

4.2     Thalo may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Website. Pixel tags may help Thalo analyze the Users’ online behavior and measure the effectiveness of the Website. Thalo may work with service providers that help Thalo track, collect, and analyze this information. Pixel tags on the web site may be used to collect information about Your visit, including the pages You view, the features You use, the links You click, and other actions You take in connection with the Website. This information may include Your computer's Internet protocol (IP) address, Your browser type, Your operating system, date and time information, and other technical information about Your computer. Thalo may also track certain information about the identity of the websites You visit immediately before coming to our site. Thalo does not otherwise track any information about Your use of other websites.

 

4.3     Pixel tags and cookies in Thalo’s emails may be used to track Your interactions with those messages, such as when You receive, open, or click a link in an email message from Thalo.

 

4.4     Thalo may also work with business partners that use tracking technologies to deliver advertisements on Thalo’s behalf across the Internet. These companies may collect information about Your visits to the Website and Your interaction with Thalo’s communications.

 

4.5     Thalo may combine the information it collects through cookies and pixel tags with other information Thalo has collected from You. This information may be used to improve the Website, to personalize Your online experience, to help Thalo deliver information to You, to determine the effectiveness of Thalo’s advertising, and for other internal business purposes.

 

5.     Your Security

 

5.1     Thalo takes appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information it collects, including limiting the number of people who have physical access to Thalo’s database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.  Thalo’s customer service center also operates over a private, secure network.

 

Please note, however, that e-mail is not encrypted and is not considered to be a secure means of transmitting information, so please do not email Thalo any confidential or financial information. In addition, it is Thalo’s policy that credit card numbers or other personal information shall not be sent by email.

 

5.2     In order to process Your credit cards, Thalo uses a service that uses Secure Socket Layers (SSL), the industry standard in transferring information to process Your orders. The SSL encrypts, or translates, Your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of the Website, to protect You from any loss, misuse or alteration of information collected. When You have finished shopping and begin the checkout process, You will move into the secure area of the Website. Once You have entered, the page address (URL) will change from “http” to “https” to let You know You are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of Your screen to notify You of this change. You will remain in this secure zone for the entire checkout process. Please see paragraph 1, which describes when Your credit card number will be retained.

 

5.3     Unfortunately, despite Thalo’s best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While Thalo will use all reasonable means to ensure the security of information You transmit to Thalo, Thalo cannot guarantee that such information will not be intercepted by third parties and will not be liable for the same. Thalo will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

 

6.     Links to Other Websites

 

6.1     While visiting the Website, You may link to websites operated by third parties, or you may come to the Website using a link found in a third party website. This does not mean that Thalo endorses these third party websites. Thalo does not make any representations or warranties about any third-party website You may access through the Website. Such linked websites are independent from Thalo, and Thalo has no control over, or responsibility for, their products, services, information, or other activities.

 

6.2     In addition, Thalo’s Privacy Policy may differ from those of these other websites. If You provide personal information at one of those sites, You are subject to the privacy policy of the operator of that website, not the Thalo Privacy Policy. Please make sure You understand the other website's privacy policy before providing personal information.

 

6.3      By entering any Thalo contest, you acknowledge that any information you provide in connection with the contest will be governed by the privacy policy of Woobox or any other platform used to run the contest and NOT by Thalo’s Privacy Policy. You may find Woobox's privacy policy at: http://www.woobox.com/privacy. Please read Woobox's privacy policy before entering any Thalo contest or providing any information in relation to any such contest.

 

7.     Opt-Out

 

If you have given Thalo Your email through the Website, we assume you want to hear from Thalo. If you don’t want to hear from Thalo, you can unsubscribe, except in the circumstances described in Paragraph 1. If You do not want to receive e-mail from Thalo, You may click on the unsubscribe link at the bottom of any email communication sent by Thalo. Please allow 10 business days from when the request was received to complete the removal.

 

8.     "Spoofing" And "Phishing"

 

A common Internet scam is known as "spoofing" or "phishing." This occurs when You receive an email from what appears to be a legitimate source requesting personal information from You. Please be aware that Thalo will not send You any email requesting You to verify Your credit card, bank information, password, or any other personal information. If You ever receive an email that appears to be from Thalo requesting such information from You, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to Thalo at fraud[at]thalo.com or fraud[at]maxgrumbachergallery.com, as the case may be, as Thalo will investigate instances of possible Internet fraud.

 

9.     Children and Privacy

 

The Website is not meant for children, and Thalo will not collect any personally identifiable information from children under the age of 18 without verified parental consent. By creating a Thalo Account and/or a Gallery Account and providing Thalo with Your personal information, You are verifying that You are at least 18 years old. Thalo cannot and will not independently verify that its Users are at least 18 years old, but Thalo will remove from its files any personally identifiable information of anyone Thalo discovers to be under 18 years old. Thalo is concerned about the safety of children when they use the Internet, and understands that children may not understand all the provisions of Thalo’s Privacy Policy or make informed decisions about the choices that are made available to adult users of the Website. Thalo encourages parents and guardians to spend time with their children online and to be familiar with the sites their children visit.

 

10.     Your California Privacy Rights

 

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask Thalo for a notice describing what categories of personal customer information Thalo shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If You are a California resident and would like a copy of this notice, please submit a written request by email to californiainquiry[at]thalo.com or californiainquiry[at]maxgrumbachergallery.com, as the case may be. Please allow 30 days for a response.

 

11.     Disclosure for Legal Purposes

 

You hereby authorize Thalo to disclose any of Your personal information pursuant to judicial and administrative proceedings, and in connection with law enforcement activities and as otherwise may be permitted by law, to law enforcement or government agencies if Thalo believes the disclosure is necessary or appropriate. You also authorize Thalo to disclose information if Thalo believes the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put Thalo at risk for liability.

 

12.     Confidential Information

 

Thalo does not want You to send any emails to Thalo containing confidential or proprietary information. Any such emails, and all information, materials, suggestions, ideas or comments contained therein will be considered non-confidential, and by submitting the same, You are giving Thalo the absolute right to use, modify, reproduce, transmit, display and distribute the email or anything contained therein for any purpose whatsoever, with no payment or other compensation to You. However, Thalo will not use Your name or personal information unless Thalo is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless Thalo first obtains Your permission.

 

13.      Assignments

 

Thalo may freely assign this Privacy Policy or any of its rights and/or obligations hereunder.

 

14.     Jurisdiction

 

This Privacy Policy, Help for Artists will be exclusively governed by and construed in accordance with the laws of the State of New York, and the courts located in the City, State and County of New York will have exclusive jurisdiction in any dispute, except that Thalo has the right, at Thalo’s sole discretion, to commence and pursue proceedings in alternative jurisdictions. You agree that any and all disputes, claims and causes of action arising out of or connected with this Privacy Policy shall be resolved individually, without resort to any form of class action.

 

15.     Contact

 

If You have any questions about Your privacy or security at the Website, please send an email to: inquiry@thalo.com or inquiry@maxgrumbachergallery.com, as the case may be, and include Your name and email address in the message. If You do not receive a response from Thalo to any emails You send to Thalo within 7 business days, please send Thalo another email as Your original email may not have been received.

 

DATE LAST MODIFIED: JUNE 09, 2011

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