TERMS OF SERVICE and PRIVACY

Terms of Service

By visiting pixel-planet-pictures.com, and/or conducting business with me, Dave Ginsberg, you are consenting to the following terms and conditions.

Purchases

I offer products for sale using the methods listed below:

  • Using the e-commerce shopping cart: Items offered for sale on this website are marked with an "ADD TO CART" button. Items may be added to, and removed from, the cart prior to going forward with an order. The shopping cart appears on the SHOP pages of this website when it contains one or more items. Purchases are finalized using a secure payment processing service.
  • Buying direct from the artist: Purchases from the artist may be initiated by using the contact form on this website or my emailing the artist directly. Upon acceptance of your order an invoice will be sent to you. Payment is due upon receipt of the invoice.
  • Third-party websites: I offer some items through third-party providers outside this website. By using third-party providers you are bound by their policies.

Fulfillment

Once payment is received, your item(s) will be custom ordered from a supplier and shipped. If your item(s) is already in stock in the artist's inventory, it will be shipped directly from the artist. Please allow adequate time for these events to occur. If, in the rare instance, a delay is necessary, I will notify you.

Return Policy

  • Using the e-commerce shopping cart or buying direct from the artist: My wish for you is for you to have many years of enjoyment from your purchase. Each item is a custom work of art reflecting my unique creativity. As such, I do not accept returns or exchanges.

    While I do not accept returns or exchanges, I want you to be thrilled with your purchase. I do my utmost to ensure that your item(s) is packaged carefully for shipment and arrives safely at the destination. Nevertheless, there are things that are beyond my control. If your item(s) arrives damaged, please keep all packaging and contents and contact me for further instructions. If possible, please include photos showing the problem with the item(s) as well as the shipping packaging. I will do whatever I can to arrange for a replacement or refund as soon as possible.

  • Third-party websites: By using third-party providers you are bound by their policies. If for any reason you are not completely satisfied with your purchase from Pixels.com / Fine Art America, please contact them to request a refund or replacement.

Contacting the Artist

This website provides contact forms for its visitors. They are intended for communications and inquiries related to my art and the products and services I offer. Any information you provide is kept between you and me, unless you instruct otherwise, except as is necessary to reasonably use to support my business. The information collected by the contact forms include your name and email address so that I can reply.

Please be respectful. I do not tolerate hateful, abusive, offensive, or obscene language, nor threats of any nature. Impersonating someone other than who you really are, SPAMing, and phishing attempts are strictly prohibited. Violators will be dealt with by applicable law.

Intellectual Property

This website contains intellectual property owned by Dave Ginsberg, including trademarks, copyrights, and other intellectual property. Unless otherwise noted, all images and artwork on this website are copyright Dave Ginsberg. Contact the artist with inquiries and/or requests to use images published on this website.

Copyright does not transfer with purchase of items. Dave Ginsberg retains copyright to all artwork.

Privacy Policy

I respect your privacy and I am committed to protecting it.

This policy describes the kinds of information I may collect from you or that you may provide to me and my practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies when I am in control of how data is collected, stored, and processed. (When I am the data controller.) Including the information I collect:

  • on this website, including any subdomains
  • in e-mail or other electronic messages between you and me

It does not apply to information collected by:

  • me offline or through any other means
  • any third party content that may be linked to or be accessible from this website

Information that you volunteer

Communication via email, contact form, and other electronic messages:

  • Email, contact form, or other electronic messages: When you communicate with me via email, the contact forms on this website, or other electronic messages, you may voluntarily provide information. This information will be used in the context of business transactions related to the products and services I provide.

This website collects the following information that you provide:

  • Using the Contact Forms: This website provides contact forms for its visitors. They are intended for communications and inquiries related to my art and the products and services I offer. Any information you provide is kept between you and me, unless you instruct otherwise, except as is necessary to reasonably use to support my business. The information collected by the contact forms includes your name and email address so that I can reply, and any information you may provide in your message.
  • Using the e-commerce shopping cart: The third-party e-commerce shopping cart service uses secure payment processing. Your credit card information is not shared with me. What may be shared with me is limited to what is necessary to reasonably support my business (e.g. information required to fulfill your order, and to contact you if necessary). This information likely includes the name, address, email address, and phone number of purchasers.
  • Buying direct from the artist: To avoid learning your credit card information, transactions for purchases made directly from the artist use invoices and third-party secure payment processing services. Those services may share the type of credit card used and the last four digits. I never learn or store your complete credit card information. Only the information required to fulfill your order, and to contact you if necessary, is shared with the third party supplier. This information likely incudes your name, address, phone number, and email.
  • Third-party websites: I offer some items through third-party providers outside this website. By following the links and/or using third-party providers you are bound by their policies. Third-party websites/companies do not share your credit card information with me. They may provide reports on number of visitors and sales which includes the country and city of the visitors.

Information that is automatically collected

This website collects the following information automatically:

  • Usage Information: The hosting company which stores and delivers this website collects site statistics that may include aggregate data regarding number of visitors, pages served, file types accessed, search terms used, plus information about your computer and internet connection, including your IP address, location, operating system, and browser type.

The usage information helps to improve this website and to deliver a better experience, by enabling me to:

  • estimate audience size
  • understand how the website is used
  • understand what content may draw most interest

How I protect your information

I do my best to protect your sensitive personal information. I do not sell, rent, or share my email list containing your personal information to third parties.

However, I may disclose information that can be directly tied to you to:

  • contractors, service providers and other third parties that I reasonably use to support my business
  • fulfill the purpose for which you provide it
  • fulfill any other purpose disclosed by me when you provide the information
  • process your payment, including refunds, complaints, queries with payment processing services only to the degree necessary

I may also disclose your personal information:

  • to comply with any court order, law or legal process, including to respond to any government or regulatory request
  • to enforce or apply any agreements between us, including for billing and collection purposes.
  • if I believe disclosure is necessary or appropriate to protect the rights, property, or safety of me, my customers or others. For example, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Information entered into this website's contact form is transmitted using Hypertext Transfer Protocol Secure (HTTPS) via Transport Layer Security protocol (TLS) which provides encryption (to protect against eavesdroppers), data integrity (to protect against modification or corruption), and authentication (to ensure users are communicating with the intended website).

I do not sell, rent, or share my email list containing your personal information to third parties.

The information collected is only shared with others when necessary to serve you and to support my business.

However, I may disclose information that can be directly tied to you to:

  • contractors, service providers and other third parties that I reasonably use to support my business
  • fulfill the purpose for which you provide it
  • fulfill any other purpose disclosed by me when you provide the information
  • process your payment, including refunds, complaints, queries with payment processing services only to the degree necessary

Retaining and Deleting Your Information

I may keep your personal data as follows:

  • Emails or other electronic messages, archived indefinitely for my records and to reasonably use to support my business
  • Purchase information, archived indefinitely for my records and to reasonably use to support my business

Data Security and International Transfers

  • I am based in the United States, along with my hosting facilities and service providers.
  • I have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure both during transfer and storage.
  • Unfortunately, the transmission of information via the internet is not completely secure. Although I do my best to protect your personal information, I cannot guarantee the security of your personal information transmitted to this website. Any transmission of personal information is at your own risk. I am not responsible for circumvention of any privacy settings or security measures contained on this website.

Your European Union Privacy Rights

The EU General Data Protection Regulation permits users of this website that are European Union residents certain rights. Your rights include:

  • the right to access;
  • the right to rectification;
  • the right to erasure;
  • the right to restrict processing;
  • the right to object to processing;
  • the right to data portability;
  • the right to complain to a supervisory authority; and
  • the right to withdraw consent.

To access a copy of your data, correct it, restrict how it is used, or erase it please use the contact form. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

If you believe that my processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

If you wish to withdraw your consent for me to process your data, you can opt-out by using the contact form.

Updates

I may update the Terms of Service and Privacy Policy from time to time by updating the version on this web page. You should check this page occasionally to identify any updates.

The last update to the Terms of Service and Privacy Policy was January 24, 2022.

Credits

These Terms of Service and Privacy Policy were created using resources from the artist's J.D.

Contact Information

This website is owned and operated by Dave Ginsberg.

To ask questions or comment about this privacy policy and my privacy practices, contact me by using the contact form.