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