Metal Sculpture

Privacy Policy and
Terms and Conditions
for michaelherold.com

Privacy Policy for michaelherold.com and Related Platforms

Last updated: June 25, 2025

1. Introduction

This Privacy Policy governs how Michael Herold collects, uses, protects, and manages personal data on michaelherold.com, barneyallissculpture.com, and associated social media accounts (e.g., Instagram, Facebook, X) (collectively, “Platforms”). By accessing or using our Platforms, you agree to this Privacy Policy. If you do not agree, do not use our Platforms. For usage terms, see our Terms of Use at /terms-of-use. This policy is accessible (e.g., screen-reader compatible) per ADA and WCAG 2.1 AA standards.

2. Our Commitment to Privacy

We protect your privacy in compliance with global laws, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Brazil’s Lei Geral de Proteção de Dados (LGPD), Australia’s Privacy Act 1988, and other regulations. We follow data minimization principles, collecting only data necessary for outlined purposes.

3. Personal Data Collected

We may collect:

  • Contact Information: Name, email, phone     number, mailing address for inquiries, commissions, or order     fulfillment.

  • Transaction Data: Payment details processed     securely via third-party providers (e.g., Stripe, Square, PayPal).

  • Analytics Data: Anonymized data via cookies,     pixels, or tools (e.g., Google Analytics, Meta Pixel) to track     performance, visitor behavior, or ad effectiveness.

  • Device/Browser Data: IP address, browser     type, device type, operating system, geolocation for optimization     and security.

  • Social Media Data: Limited profile data     (e.g., username, email) from social media logins or interactions     (e.g., Instagram comments).

  • Event Data: Name, likeness, or contact     details from physical/virtual events (e.g., exhibitions, live     streams).

  • User-Generated Content: Comments, reviews,     or submissions via forms, blogs, or social media.

  • Feedback Data: Suggestions or ideas     submitted via email or forms.

  • Subscription Data: If you subscribe (e.g.,     newsletter tiers, art memberships), data for managing recurring     payments.

  • Crowdfunding/Pre-Order Data: If you back     crowdfunding or pre-orders, contact and payment details.

  • Employee/Contractor Data: Limited data from     employees or contractors (e.g., Juno Works) for business operations,     if applicable.

See our vendor list at /vendors for third-party providers.

4. How We Use Your Data

We use data to:

  • Respond to inquiries, commission requests, or support queries.

  • Process and fulfill orders, including shipping, payments, and  installations.

  • Improve Platform functionality, user experience, and personalization.

  • Send newsletters, promotional offers, or event invitations  (with consent where required).

  • Analyze performance and marketing (e.g., via Google     Analytics, Meta).

  • Comply with legal obligations (e.g., tax, sanctions, law     enforcement).

  • Promote Platforms using event photos/videos (unless opted     out).

5. Data Sharing

We do not sell, rent, or share data for marketing without consent. Data may be shared with:

  • Service Providers: Payment processors (e.g.,     Stripe, Square, PayPal), shipping carriers, analytics/hosting     providers, bound by confidentiality.

  • Business Partners: Fabricators (e.g., Juno     Works, A. Zahner Co.) for commissions, with confidentiality     protections.

  • Legal Authorities: If required by law, court     order, or to protect our rights, property, or safety.

  • Third-Party Trackers: Analytics/ad tools     (e.g., Meta Pixel) collect data under their policies (see Section     9).

6. Data Security

We use industry-standard measures:

  • SSL/TLS encryption for transmission.

  • Secure storage with access controls.

  • Regular internal and third-party audits. No system is fully     secure; you share data at your own risk. We conduct Privacy Impact     Assessments (PIAs) for high-risk processing (e.g., third-party     trackers) per GDPR.

7. Data Retention

Data is retained only as needed or required:

  • Contact Data: Until deletion request or     unsubscribe.

  • Transaction Data: 7 years for     tax/accounting.

  • Analytics Data: Anonymized, retained     indefinitely unless opted out.

  • Event Data: Promotional content retained     until opted out.

  • Other Data: Per legal or operational needs.     Request deletion at info@michaelherold.com.

8. Your Rights

Depending on jurisdiction, you may:

  • Access, correct, or delete data.

  • Restrict or object to processing (e.g., marketing).

  • Request portability (structured format).

  • Withdraw consent for non-essential processing.

  • Opt out of “sale” under CCPA (we don’t sell data;     opt-out for trackers at info@michaelherold.com).     Submit requests to info@michaelherold.com. Response     within 30 days (45 days for CCPA in complex cases). No fees unless     excessive. EU/UK users may contact supervisory authorities (see     /regulators for links).

9. Cookie and Tracking Policy

We use cookies, pixels, web beacons, and similar technologies for:

  • Essential Functionality: Session management,  checkout.

  • Analytics: Performance tracking (e.g., Google Analytics, Meta Pixel).

  • Marketing: Personalized ads/content,  including via affiliate partners (may earn commissions at no cost to     you).

  • Third-Party Content: Embedded media (e.g.,  YouTube, Vimeo). Cookie Types:

  • Essential: Non-disableable, required for operation.

  • Analytics: Opt-out via consent tool or  browser.

  • Marketing: Opt-out via consent tool or browser.

  • Third-Party: Subject to external policies. Consent implied by use. Manage via browser settings or our consent  tool (if available). Disabling cookies may affect functionality. We don’t honor Do Not Track (DNT) signals but offer opt-out for non-essential tracking.

10. User-Generated Content

Comments, reviews, or submissions grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, modify, or authorize others to use for Platform operation/promotion. You ensure content is lawful, non-infringing, and accurate. We may moderate/remove content.

11. Social Media Interactions

Social media interactions (e.g., Instagram, X) are subject to third-party policies. Logins may provide limited data (e.g., username). We’re not responsible for third-party practices.

12. Cross-Border Data Transfers

Data may be processed/stored in the U.S. or elsewhere via providers (e.g., Stripe, Google). For EU/UK users, we use Standard Contractual Clauses (SCCs) for GDPR compliance. Details: info@michaelherold.com.

13. Data Breach Notification

If a breach occurs, we notify affected users/authorities within 72 hours (GDPR) or as required (e.g., CCPA), unless low risk. Notifications include details, risks, and mitigation.

14. Automated Decision-Making

We don’t use automated decision-making with significant effects (e.g., denying services). Analytics may inform marketing; opt out via Section 8.

15. Children’s Privacy

Platforms are not for children under 13; no intentional data collection. Content is child-safe. External sites not our responsibility (Section 18.2). Deletion requests: info@michaelherold.com.

16. Newsletters

Opt-in for updates on works, events. Unsubscribe via email links. No third-party marketing sharing.

17. Events and Exhibitions

Attendees’ data (e.g., photos) may be used for promotion unless opted out via form at events@michaelherold.com. Attendees assume injury/loss risks per Terms of Use.

18. Miscellaneous

18.1 External Links and Third-Party Content

External links/embedded content (e.g., YouTube, X) are subject to third-party policies. We’re not responsible.

18.2 Data Backup and Loss

We maintain backups; no liability for technical losses. Contact support@michaelherold.com.

18.3 Policy Updates

Updates posted here; continued use implies acceptance.

18.4 Language and Translation

English prevails. Assistance: info@michaelherold.com.

19. Data Protection Officer

For GDPR compliance, we have not appointed a Data Protection Officer (DPO), as our data processing is limited. For inquiries, contact info@michaelherold.com.

20. Contact Information

For inquiries, rights, or support:

  • Michael Herold

  • Email: info@michaelherold.com

  • Address: 66 N Pearl St, Suite 101, Denver, CO 80203,     USA

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Terms of Use for michaelherold.com and Related Platforms

Last updated: June 25, 2025

1. Introduction

These Terms of Use (“ToU”) govern your use of michaelherold.com, barneyallissculpture.com, and associated social media accounts (e.g., Instagram, Facebook, X) (collectively, “Platforms”). By accessing or using our Platforms, you agree to these ToU and our Privacy Policy at /privacy-policy. If you do not agree, do not use our Platforms. These terms cover all interactions, including purchases, commissions, and events.

2. E-commerce Terms

2.1 Product Originality

Sculptures are original, handcrafted, primarily steel. Variations/imperfections are intentional, reflecting artistry.

2.2 Payment Terms

Payments via Stripe, Square, PayPal, or trusted providers. Orders finalize post-clearance. Commissions require 50%–100% deposits. Subscriptions (if offered) need consent, cancellable at sales@michaelherold.com.

2.3 Shipping

Global shipping, subject to Section 5. Costs/times at checkout. No liability for carrier/customs/force majeure delays (e.g., disasters). Report damage within 3 days to sales@michaelherold.com.

2.4 Returns and Refunds

  • Standard Purchases: 14-day returns for store  credit (excluding shipping), if undamaged/original. Buyer pays     return shipping. Large-scale/custom returns assessed case-by-case.

  • Custom Commissions: Non-refundable unless     defective or non-conforming.

  • Defective Items: Replacement/credit at our     discretion.

  • Digital Products (if applicable):     Non-refundable unless defective. Contact sales@michaelherold.com.

2.5 Sales Tax

Tax added per shipping address and laws. International buyers handle customs duties/VAT.

2.6 Warranty

One-year defect warranty under proper use/maintenance. Excludes improper installation, neglect, or wear. Contact sales@michaelherold.com.

2.7 Material Disclosures

Sculptures use high-quality steel/materials, sourced responsibly where feasible. Safety data (e.g., lead-free) via info@michaelherold.com.

2.8 Public Art Installations

Buyers handle permits, safety, maintenance, insurance. We provide guidelines; no liability for improper installation/use (Section 7).

2.9 Corporate and Private Installations

For corporate/private properties:

  • Responsibilities: Clients provide access,  permits, supports, compliance.

  • Confidentiality: No disclosure without     consent, except legally required.

  • Installation: Clients cover costs unless     agreed.

  • Maintenance: Follow guidelines; no liability     for improper care.

  • Ownership: Physical sculpture only; no     reproduction.

  • Insurance: Clients insure post-delivery.     Contact sales@michaelherold.com.

2.10 Digital Content Licensing

Digital content (e.g., VR tours, renderings) grants a non-exclusive, personal-use license. No reproduction/resale. Contact info@michaelherold.com.

2.11 Crowdfunding/Pre-Orders

If offered, crowdfunding/pre-order terms (e.g., delivery timelines, refunds) specified at checkout. Non-refunded unless failed delivery.

3. Platform Usage Rules

3.1 Permitted Use

Platforms are for viewing art, inquiring, purchasing, or engaging (e.g., newsletters). Lawful, personal, non-commercial use only, unless authorized. Users must be 18+ for purchases/data submission.

3.2 Prohibited Activities

You may not:

  • Copy, reproduce, modify, distribute, sell, rent, sublicense,  or create derivative works of content without permission.

  • Scrape, crawl, or use automated tools for data extraction, including AI training/NFTs.

  • Engage in unauthorized commercial use.

  • Post unlawful, defamatory, libelous, obscene, or infringing     content.

  • Interfere (e.g., hacking, DDoS).

  • Circumvent security. Violations trigger legal     action/termination.

3.3 Intellectual Property

Sculptures, content, designs owned by Michael Herold, protected by U.S./international copyright (Berne Convention, DMCA). Commissions are confidential. You are granted a limited, non-exclusive, non-transferable license for personal use of Platform content, subject to these ToU. Unauthorized use prohibited. Contact info@michaelherold.com for permissions or trademark license requests.

3.4 AI and NFT Restrictions

No content use for AI training (e.g., LLMs) or NFTs. Violations trigger DMCA/legal action.

3.5 Termination of Access

We may suspend/terminate access for violations without notice.

3.6 Right to Refuse Service

We may refuse service to bad-faith actors, harassers, or bots.

3.7 Hyperlinking to Our Content

  • Permitted Links: Government agencies, search engines, news organizations, and online directory distributors may link to our home page, publications, or content without approval,  provided links are not deceptive, do not imply     sponsorship/endorsement, and fit the linking site’s context.

  • Approval Required: Other organizations  (e.g., consumer sources, charities, portals, firms, associations)     must request approval via info@michaelherold.com, including name, organization, contact, and URLs. We approve if the     link isn’t unfavorable, the organization has no negative records,     and it provides resource value. Allow 2–3 weeks for response.

  • Linking Methods: Use our corporate name, URL, or contextual description. No use of logos/artwork without a     trademark license (contact info@michaelherold.com).

  • Reservation of Rights: We may request link  removal or amend linking policies. You must remove links upon     request.

3.8 iFrames

Without prior approval, you may not frame our webpages to alter their presentation or appearance. Contact info@michaelherold.com for permission.

3.9 Link Reporting

Report offensive links on our Platforms to info@michaelherold.com. We’ll review but aren’t obligated to remove or respond.

3.10 Age Verification

Users 18+ for purchases/data submission. We may request age confirmation at checkout or via info@michaelherold.com.

4. Content Liability

We’re not liable for content on your websites or platforms linking to us. You indemnify us against claims arising from your content or links that are libelous, obscene, or infringing (see Section 7.2).

5. International Use and Sanctions

Platforms comply with U.S. sanctions, prohibiting access in embargoed countries (e.g., North Korea, Iran, Syria, Cuba, Crimea). You comply with local laws.

6. Environmental Sustainability

We aim for carbon-neutral shipping and sustainable materials. Details: info@michaelherold.com.

7. Legal Protections

7.1 Limitation of Liability and Disclaimer

To the fullest extent permitted, Michael Herold/Platforms are not liable for damages from use, including data loss, errors, interruptions, injuries, or third-party actions, whether for free or paid services (e.g., purchases, commissions). We provide Platforms “as is” without warranties of accuracy, availability, or completeness, except where required by law. This doesn’t limit liability for death, injury, fraud, or non-excludable liabilities.

7.2 Indemnification

You indemnify us against claims, damages, or costs (including legal fees) from ToU violations, misuse, content, or infringement.

7.3 Governing Law and Dispute Resolution

Colorado law governs. You comply with local laws. Disputes require mediation in Denver, CO. Unresolved disputes go to Denver courts. E-commerce disputes may use AAA arbitration in Denver.

7.4 Force Majeure

No liability for delays/failures due to uncontrollable events (e.g., disasters), affecting all obligations.

7.5 No Waiver

Non-enforcement isn’t a waiver.

7.6 Severability

Invalid provisions don’t affect others. This ToU is the entire agreement.

7.7 Website Availability

We do not guarantee uninterrupted Platform availability. We’re not liable for downtime or technical issues, except where required by law.

8. Miscellaneous

8.1 Affiliate Disclosure

Affiliate links may earn commissions at no cost to you. We endorse trusted products.

8.2 Feedback License

Feedback grants a non-exclusive, royalty-free license for use without compensation. Contact info@michaelherold.com.

8.3 ToU Updates

Updates posted here; continued use implies acceptance.

9. Contact Information

For inquiries or support:

  • Michael Herold

  • Email: info@michaelherold.com

  • Address: 66 N Pearl St, Suite 101, Denver, CO 80203,     USA