Privacy Policy

Last Updated: January 26, 2020

Privacy Policy

Drawing on the Promises LLC deeply respects your privacy and the security of your personal information. We are committed to using any information you give us in a responsible manner. You’re very important to us, and we want to provide you with a safe and secure online experience.

This privacy policy describes how information and data is collected from you when you access our website, our physical studio in Birmingham, and our services and products. This privacy policy also describes how Drawing on the Promises LLC uses, shares and manages your information and data. By using our site, you consent to the extent permitted by applicable law to the collection, use, processing, and sharing of your information as described in this privacy policy.

Collection of Information

INFORMATION YOU PROVIDE

When you purchase a piece of art either online or in the studio, fill out the contact form or sign up for the newsletter, we collect information that you volunteer: your name, email address, postal address, phone number and other information necessary to process your order, answer your questions, send you our newsletter or manage our client database. “https” and the lock in front of the website address indicates that the communication between the you browser and our server is secure using a SSL (Secure Socket Layer) certificate.
All credit card payments are processed securely through PayPal & Stripe Checkout. We do not have access to your credit card details.​

INFORMATION AUTOMATICALLY COLLECTED

We may automatically collect certain information about how you access or use our website and services, and by using our website and services you consent to the collection of that information. Examples of automatically collected information include but are not limited to Internet browser, operating system, device and application identifiers, IP address and geo-location information, access times and dates, referring and exit pages and URLs, clickstream data, search terms, pages viewed, time spent on pages, bounce rate and login frequency.

We encourage you to review your device settings to ensure they are consistent with your preferences, including with respect to the collection and use of information. You may be able to stop further collection of certain data by updating your applicable device settings, or you may uninstall them on your device. In addition, you may choose not to share your location details by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider/carrier or device manufacturer.

WEBSITE COOKIES & USAGE

Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser.

They are widely used to ‘remember’ you and your preferences, either for a single visit through a ’session cookie’ or for multiple repeat visits using a ‘persistent cookie’. They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in.

Cookies may be set by the site that you are visiting, known as ‘first-party cookies’; or by third parties, such as those who serve content or provide advertising or analytics services on the website, known as ‘third-party cookies’.

Both websites and HTML emails may also contain other tracking technologies such as ‘web beacons’, or ‘pixels’. These are typically small transparent images that provide statistics for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. If you disable cookies, the web beacons may still load, but their functionality will be restricted.

This website uses cookies for the following purposes (no personal information is stored in these cookies):

  • Help the web store (WooCommerce) determine when cart contents/data changes.
  • Help the web store know where to find the cart data in the database for each customer.
  • Help Google Analytics measure your interaction on the website. They allow us to recognize, count the number of visitors and see how visitors move around the site when they’re using it. This helps us to improve the way our website works, for example by making sure users are finding what they need easily. The visitor remains anonymous.

Information Usage

We use the personal information you provide and information the website automatically collects to communicate with you about your purchase, answer your questions, coordinate with third parties about shipping, and improve the services we provide our clients.

We may use your personal information to communicate with you and process your requests or purchases, and to inform you about our policies and terms, as well as information related to your account.  These communications allow us to provide you the products and/or services you have requested, and relate to the relationship between you and us.  Please note: In order to process your purchases we may send you a confirmation email or we may contact you by mail or telephone if we have questions about your order. 

We also store the information you provide (name, email, telephone, address, work purchased, etc. but not payment information) in a client database. This database is located on a computer at our studio and at a third party service (Artwork Archive) we use to track all artwork and business data. 

Drawing on the Promises LLC does not and will not sell, trade, or rent your personal information to other individuals, companies, or organizations. This does not include trusted third parties (i.e. Artwork Archive, InMotion Hosting, etc.) who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. 

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

If you are a California resident under the age of 18 and are a registered user of our services, you may request that we remove content or information about you that you posted on our services by: (a) submitting a request in writing to art@miriammcclung.com; and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if: (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.

Accessing, Correcting or Deleting Your Information

To request access to or correction of your personal data, you may send an e-mail to art@miriammcclung.com or a letter to:

Drawing on the Promises LLC
4321 Warren Road
Birmingham, Alabama 35213, USA

Please include your registration information you provided through our services. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.

If you’d like us to delete information that you have provided through our services, please contact us at art@miriammcclung.com, and we will respond in a reasonable time. Please note that some or all of the information you provided may be required in order for our services to function properly or may be automatically retained in backup storage or records retention archival storage.

Governing Law

Any dispute relating in any way to your use of the site MiriamMcClung.com or the site’s content shall be submitted to confidential arbitration in Birmingham, Alabama, except that, to the extent you have in any manner violated or threatened to violate Drawing on the Promises’ intellectual property rights, Drawing on the Promises may seek injunctive or other appropriate relief in any state or federal court in the State of Alabama, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the website terms, whether through class arbitration proceedings or otherwise.

UNDER NO CIRCUMSTANCES SHALL DRAWING ON THE PROMISES LLC OR MIRIAMMCCLUNG.COM HAVE ANY LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN INFORMATION ON THE SITE, OR FOR ANY DAMAGES, LOSSES, OR EXPENSES THAT MAY OCCUR WHILE ACCESSING THE SITE, OR ANY LINKED SITE, OR THE INABILITY TO ACCESS THESE SITES; OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THE POLICY, HOWEVER OCCASIONED.