Never Forget This, LLC – Privacy Notice

Effective Date: May 16, 2023

Never Forget This, LLC (“Company”, “we”, “us”, or “our”), welcomes you our website, https:// www.neverforgetthis.xyz (including, without limitation, all subdomains, collectively the “Website”).  Your privacy is very important to us, and in order to best protect your information, we have adopted this privacy notice (“Privacy Notice”), which describes the types of information we collect from visitors (“you” or “your”) of the Website, how such information is used, processed and in certain cases disclosed by us, and your rights and choices regarding the information you provide to us.  Please read this Privacy Notice carefully prior to accessing, using, or making a purchase through our Website.  If you do not agree to abide by this Privacy Notice, please do not use our Website or create an account.

By accessing and using the Website, you are deemed to have read, accepted, executed and be bound by this Privacy Notice, including, without limitation, the information collection, use and disclosure practices described herein.  This Privacy Notice is governed by the Website Terms of Service available at [https://www.neverforgetthis.xyz/Terms], which includes all disclaimers of warranties and limitations of liabilities.  Capitalized terms that are used but not defined in this Privacy Notice have the respective meanings assigned to such terms in the Terms of Service.

  1. Information We Collect and Receive

When you access and use the Website, we may collect device and browser metadata such as IP addresses, operating system type and version, date and time of access, the URLs of the pages you visited and for how long you visited those pages, any referrer URL, interactions with user interface, the name of your access provider, and analytics information used by service providers.

To the extent we collect this data, we may use it for the following purposes:

  • To ensure a smooth connection to the Services;
  • To ensure a great user experience of the Services;
  • To evaluate system security and stability; and
  • For general administrative purposes.
  1. Use of Information

Generally, we use the personal information we collect from or about You to provide a smooth and secure access to our website, services, and offerings, to ensure a great user experience, to evaluate system security and stability, and for further administrative purposes.

We may also use certain collected information on an aggregated and/or anonymized basis in order to conduct market research, engage in project planning, for troubleshooting purposes, to help detect and protect against error, fraud or other criminal activity.

  1. How We Share Your Information

We may share aggregated usage information and may otherwise disclose non-personal information that we collect to third parties.  However, absent your prior consent, we will share your personal information with third parties only in the ways that are described in this Privacy Notice, including as set forth below, and we do not otherwise sell your personal information to third parties.

  • We may use third parties to outsource one or more aspects of our business and/or Website operations, in which case, we may provide access to your personal information to such third parties in connection with the performance of such activities.  Such third parties will only use your personal information to the extent necessary to perform their functions and will be contractually bound to process your personal information only on our behalf and in compliance with our requests.

  1. Cookies and Other Tracking Technologies

We may use cookies, for example, to keep track of your preferences and account profile information, or to engage in certain retargeting activities that we feel will better enhance your User experience and the efficiency and effectiveness of the Website and certain services and functionalities offered thereon.  Cookies are also used to collect general usage and volume statistical information that does not include personal information.  We may also use another company or third-party service to place cookies on your computer to collect non-personally identifiable information to compile aggregated statistics for us about Users of the Website.

Cookies are small pieces of information that are stored as text files by your Internet browser on your computer's hard drive.  Most Internet browsers are initially set to accept cookies.  You can set your browser to refuse cookies from websites or to remove cookies from your hard drive, but if you do so, you may not be able to access or use portions of the Website, or certain offerings on the Website may not function as intended or as well.  Also, some browsers have “do not track” features that allow you to tell a website not to track you.  These features are not all uniform.  If you block cookies, certain features on the Website may not work. If you block or reject cookies, not all of the tracking described herein will stop.  Please note that certain options you select are browser- and device-specific.

A more detailed list of the cookies we currently use and how we use, or may use, them are as follows:

  • Security:  We secure the Website with cookies that facilitate security features and allow us to detect activity that might violate our rules and Terms of Service, such as unauthorized access or activity.
  • Localization:  We use some cookies to help us provide localized experiences, such as displaying the Website in the local language.
  • Website Features and Services:  We use certain cookies to provide greater functionality to the Website and help us deliver our products and services.
  • Performance:  We use performance cookies to help us route traffic between servers and understand how the Website is performing so we can provide users with the best experience possible.
  • Analytics and Research:  We use certain cookies and other technologies also help us to understand, improve, and research features and content on the Website.

  1. Web Beacons

Our Website may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Website is used.

We use third parties to gather information about how you and others use the Website.  For example, we will know how many Users access a specific page and which artwork or prints they clicked on that are available for sale.  We use this aggregated information to understand and optimize how the Website is used.

  1. Do Not Track Requests

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit.  There is no consensus among industry participants as to what “Do Not Track” means in this context.  Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

  1. Link to Third Party Websites

The Website may include links to other websites, mobile applications or services (“Third Party Sites”), whose privacy practices may differ from those set forth herein.  Such links are not an endorsement by Company of those Third Party Sites and/or the products or services they offer.  If you visit Third Party Sites or submit Information to any of those Third Party Sites, your visit and Information is governed by their privacy statements.  We encourage you to carefully read the privacy statement of any Third Party Site you visit, as it may differ substantially from that of this privacy statement.  Company makes no representations or warranties with respect to, nor is Company responsible for the privacy policies of, any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Website, you do so at your own risk.

  1. Your Rights

In certain circumstances you have the right to access the personal information that we collect/hold about you and to correct, update, or request deletion your personal information.  Prior to the fulfilment of your request concerning your personal information, we will ask you to verify your identity before we can act upon your request.

You have the following rights:

  • The right to require free of charge (i) confirmation of whether we process your personal information and (ii) access to a copy of the personal information retained;
  • The right to request proper rectification, removal or restriction of your personal information;
  • Where processing of your personal information is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal information concerning you in a structured, commonly used and machine-readable format or to have your personal information transmitted directly to another company, where technically feasible (data portability);
  • Where the processing of your personal information is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal or to any other existing legal justification of the processing activity in question;
  • The right not to be subject to any automatic individual decisions which produces legal effects on you or similarly significantly affects you; and
  • The right to take legal actions in relation to any breach of your rights regarding the processing of the personal information, as well as to lodge complaints before the competent data protection regulators.

As far as we process your personal information on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis in the sections above. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal information and decide whether to adjust the processing accordingly.

Other California Privacy Rights

Under California’s “Shine the Light” law (Civil Code Section § 1798.83) California residents, once a calendar year, may be entitled to obtain information about personal information that we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information, as well as the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.  To make such a request, please contact us at [zach@circle.film].

  1. Storage of Information

We make no representation or warranty with respect to any duty to permanently store any information you may provide or that we otherwise collect about you.  We strive to keep our processing activities with respect to your personal information as limited as possible.  In the absence of specific retention periods set out in this Privacy Notice, we will retain the information we collect from or about you only as long as necessary to provide you with the Website or our services, which includes for the duration of, but could extend beyond, your active participation on the Website, or as otherwise set forth in this Privacy Notice, and to the extent set out in this Privacy Notice and as necessary to comply with our legal and/or statutory obligations, resolve disputes, enforce our agreements, and protect our legal rights.  Additionally, we may retain indefinitely any aggregated, anonymized, or pseudonymized information which we may collect and maintain, and may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format.  By using the Website and providing us with information (including personal information), you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties.  We may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format.  This Privacy Notice applies to your information for as long as your information is in our possession, even if you terminate or discontinue your use of the Website.

  1. Security

The security of your information is important to us, and we take steps to ensure that your information, both during transmission and once we receive it, is treated securely and in accordance with this Privacy Notice.  However, no method of transmission over the Internet is 100% secure, and the complete and absolute security of any information collected, stored or used by us cannot be guaranteed.  Although we will do our best to protect your personal information, for example, by encryption, and mitigate the nature of security risks, which are constantly evolving, we cannot guarantee the security of your information transmitted through the Website; any transmission is at your own risk.  In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information.

  1. Updates; Notification of Privacy Notice Changes

We may update this Privacy Notice to reflect changes to our information practices from time to time in our sole discretion.  If we make any material changes to this Privacy Notice, we will notify you by posting such changes on the Website prior to the change becoming effective.  We will also update the “Last Updated” date at the top of this Privacy Notice, which reflects the effective date of such Privacy Notice, and we encourage you to periodically review this Privacy Notice for the latest information on our privacy practices.  Once a change becomes effective, your continued use of the Website and/or creation of an account shall automatically constitute your acceptance of such changes.

  1. Contacting Us

In the event that you wish to make a complaint or request concerning your personal information or our privacy practices, or have questions, concerns or comments about this Privacy Notice, please contact us by email at zach@circle.film and we will endeavor to deal with your request as soon as possible.  This is without prejudice to your right to launch a claim with your data protection authority or follow the dispute process set forth in the Terms of Service.