PRIVACY POLICY

Instituted on: October 24, 2022 

We at HINCH.KIN, LLC (“Company”, “we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you, our visitors, users and customers. This Privacy Policy (“Policy”) addresses our data collection practices and describes your rights to access, correct, or restrict our use of your personal information.

Unless we state otherwise, this Policy applies when you visit or use the Company website –www.hinchkin.com - our social media channels and related platforms (“Platforms”).

By using the Platforms, you agree to the terms of this Policy, our Terms of Service, or any other agreement that governs your use of our Platforms (collectively, “Agreements”). You should not use our Platforms if you do not agree with the terms and conditions contained in these Agreements.

1. WHAT INFORMATION WE COLLECT 

a. Information You Provide Us

Here are some examples of data we collect from information you provide us:

  • Payment Data: If you purchase a Company service, we collect data regarding which services you’ve purchased and how much you’ve paid for those services. We collect certain data about your purchase as necessary to process your request. You must provide certain payment and billing data directly to our third-party payment processing partners, including your name, credit card number, security code, expiration date, billing address, and zip code. For your security, the Company does not have access to or store sensitive cardholder data, such as full credit card numbers or card authentication data.

  • Shared Public Content: Our Platforms permit you to publicly interact with us and other users, share content, post comments, and ask or answer questions. Such shared content may be publicly viewable by others depending on where it is posted. If such information is shared on a third-party platform, such as a social media site, the collection, use, and sharing of your data will also be subject to the privacy policies and related agreements of that third party.

  • Giveaways, Promotions, and Surveys: We may invite you to complete a survey, provide feedback, or participate in a promotion (like a giveaway), either through our Platforms or a third-party platform. If you participate, we will collect and store the data you provide us as part of your participation, such as your name and email address and any other requested feedback. If you submit this information via a third-party platform, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.

  • Electronic Communications from Company: If you elect to receive email notifications from us, we collect your name and email address so that we can send you email communications about the requested information, products, and services.

  • Customer Support: If you contact us (via email, phone, text, messaging platform, or through our social media channels), we may collect and store your name, email address, the content of your message, information about your business and any other data you provide

b. Automatically Collected Information through Tracking Technologies

When you visit or access the Platforms, including our email communications, we use tracking technologies like cookies, pixels, web beacons, tags, and other tracking technologies to collect information about your engagement, as well as your browsing and purchasing behavior.  These tracking technologies include:

  • Clickstream Data: Through web site access logs, we do collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our Platforms. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to our users. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties for data processing.

  • Cookies: A cookie is a small amount of data that is sent to a website users browser from a Web server and is stored on the computer's hard drive. We use non-identifying cookies to provide easier site navigation. Our Platforms can still be used if your browser is set to reject cookies. Our cookies do not generate personal data, do not read personal data from your machine and are never tied to anything that could be used to identify you. Information gathered through cookies may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

  • Web Beacon Technologies. We may also use Web beacon or other technologies to better tailor our Platforms to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Platforms, a non-identifiable notice of that visit is generated which may be processed by Company or its data processors. Web beacons usually work in conjunction with cookies. If you do not want cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.

We use these tracking technologies to deliver, measure, and improve our Platforms – whether accessed through a browser or a mobile device - in various ways. In particular, these technologies help:

  • make our Platforms easier to use;

  • better tailor our Platforms to your interests and needs;

  • carry out profiling activities in order to learn more about you;

  • offer you tailored advertising based on your behavior on our Platforms;

  • provide better customer service, and

  • compile anonymous, aggregated information that allow us to better understand our customers and visitors.

You have a number of options to control or limit how we and our partners use cookies:

  • WHAT WE USE YOUR INFORMATION FOR

We use collected information in a variety of ways, including to:

  • process and fulfill purchases services and keep you informed about the status of the same;

  • communicate about and administer our products, services, events, online webinars, podcasts, programs and promotions (such as by sending transactional emails about your purchases and/or User Account, promotional materials, newsletters and other marketing communications);

  • conduct and facilitate surveys, contests, promotions, and giveaways;

  • communicate with you;

  • respond to your inquiries, comments, and applications;

  • conduct marketing and sales activities (including generating leads, pursuing marketing prospects, performing market research, determining and managing the effectiveness of our advertising and marketing campaigns and managing our brand);

  • operate, evaluate and improve our business (such as by administering, enhancing and improving our products and services; developing new products and services; managing our communications and customer relationships; and performing accounting and billing activities).

The legal basis for processing your personal information as described above will typically be one of the following:

  • Your consent;

  • Performance of a contract with you or a relevant party;

  • Our legitimate business interests; or

  • Compliance with our legal obligations.

3. WHO WE SHARE YOUR INFORMATION WITH

a. Publicly Shared Information

Any information that you voluntarily choose to share in a public area of our Platforms (for example, by posting a comment to a blog post or a webinar chat) will be available to anyone who has access to that content.

b. To Company Employees and Contractors

We may share your personal information within the Company to our employees and contractors in order to deliver our services and products to you.

c. Third-Party Service Providers

We use third-party service providers to collect and process personal information from or about you on our behalf.  Examples include data analysis, marketing and advertising services, email and hosting services, customer services and support, hosting User Accounts, processing credit card payments, and collecting customer research or satisfaction surveys. They have access to the personal information needed to perform their functions.

d. Online Advertising Services

We use third-party advertising services, like Facebook® and Instagram®, to deliver advertising about our products and services on our Platforms, as well as other websites and applications you use. The ads may be based on information we have collected (as outlined above) and information these advertising providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services and may be tailored to your interests.

e. Analytic Services

We use third-party browser and mobile analytics services like Google Analytics® on the Platforms. These services use tools to help us analyze your use of the Platforms, including information like the third-party website you arrive from, how often you visit, events within the Platforms, usage and performance data, and purchasing behavior. We use this data to improve the Platforms and provide information, products and services that may be of interest to you.

f. Law Enforcement, Legal Process and Compliance

We may disclose personal information about you (1) if we are required or permitted to do so by applicable law or legal process (such as a court order or subpoena), (2) to law enforcement authorities or other government officials to comply with a legitimate legal request, (3) when we believe disclosure is necessary to prevent physical harm or financial loss, (4) to establish, exercise or defend our legal rights, (5) in connection with an investigation of suspected or actual fraud or illegal activity or (6) otherwise with your consent. 

g. Change of Ownership

We reserve the right to transfer to relevant third parties any information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business combination. In such case, we will require the relevant third parties to provide comparable levels of protection as we provide with respect to the information we share.

  • KEEPING YOUR INFORMATION SECURE

The transmission of information via the internet or email is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Platforms or over email; any transmission is at your own risk.

  • YOUR RIGHTS

You have rights in relation to the personal information we hold about you. Below is an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.

a. Your Choices About the Use of Your Data

You can choose not to provide certain data to us, but you may not be able to use certain features of the Platforms

  • Marketing Email Communications: You always have the opportunity to opt out of our marketing communications with you or change your preferences by following a link in the footer of all marketing email messages from us or by contacting us.

  • Transactional or Service Email Communications: Some communications from us are considered transactional or service communications (for example, important account notifications, product updates, and billing information), and your Company products and services are provided to you upon the condition that you receive these communications from us. If you do not wish to receive any transactional or service communications from us, you must cancel your User Account for Company products and services. To cancel your User Account, you can mark this preference in your Account Settings. You may still receive marketing communications from us even after you cancel your User Account unless you also opt-out of our marketing communications, as described above.

  • Navigation Information: You may opt out from the collection of navigation information about your visit to the Site by Google Analytics by using the Google Analytics Opt-out feature.

  • Information from Third Parties: To manage the information we receive about you from a social media site or other third parties, you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this privacy policy and the information the third-party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third-party site will not apply to our use of the information we have collected directly through our Platforms.

  • Cookies: To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages referenced above under “Cookies and Similar Tracking Technologies.”

b. Accessing, Updating, Transferring and Deleting Your Data

  • To update your personal information, please contact us. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required.

  • If you wish to access any personal information we hold about you, or to request that we delete or transfer any information about you that we have obtained. Please allow up to 30 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.

  • At any time, you may object to the processing of your personal information, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact us. You also may have a right to lodge a complaint with data protection authorities.

  • THIRD-PARTY SITES

The Platforms may contain features or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Platforms. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Platforms. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

  • DATA TRANSFERS

In order for us to provide the products and services to you, your personal information will be stored and processed in the United States. Where data is shared with third-party data processors, your data will be captured, transferred, stored and processed in accordance with their policies, practices and in compliance with their local regulatory laws.

  • DATA RETENTION

We will retain your information for as long as your account is active, as necessary to comply with our legal obligations, to resolve disputes, and enforce our agreements. If you wish to delete your information, please contact us.

  • OUR POLICY CONCERNING MINORS

Minors should not use the Platforms. If we learn that we have collected personal data from a minor, we will take reasonable steps to delete it. Parents who believe that Company may have collected personal information from a minor can submit a request that it be removed by contacting us.

  • NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, you have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit your request, send an email to us with the phrase “California Shine the Light” and include your mailing address, state of residence, and email address.

Since the internet industry is still working on Do Not Track standards, solutions, and implementations, we do not currently recognize or respond to browser-initiated Do Not Track signals.

  • EUROPEAN UNION PRIVACY RIGHTS

The EU General Data Protection Regulation permits users of our 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 email us.  The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

If you believe that our 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 us to process your data, you can opt-out by emailing us.

  • VISITORS’ GDPR RIGHTS

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data. 

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data. 

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us. 

If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email requesting to unsubscribe from future emails.

If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on this Website, we will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to us requesting to unsubscribe from future emails.

  • DATA BREACH

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when The Artists' Lawyer, LLC believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that The Artists' Lawyer, LLC becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information The Artists' Lawyer, LLC will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

  • CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

  • MISCELLANEOUS FINE PRINT

In no event will our liability (regardless of the form of action, whether in contract, tort or otherwise) exceed $100.

There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we (or you) have not anticipated.

 There are no guarantees concerning the level of success you may experience. Each person’s results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.

 The use of our information, products, and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

You agree to defend, indemnify and hold us from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the site.

These terms shall be governed by the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these terms or this site shall be instituted exclusively in the federal courts of the United States or the courts of Denton County, Texas

  • UPDATES AND DATE LAST UPDATED

These terms of service and privacy policy will be periodically reviewed and updated to reflect the current functions of the site. Registered users will be notified via e-mail of material changes before they take effect. If you do not agree to the changes, you may cancel your account. The revised terms will apply to you if you continue to use your account.

The last update was made on October 24, 2022.

  • CHANGES AND UPDATES TO THIS POLICY

We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Policy, and in some cases, we may provide you with additional notice (such as sending you an email notification). We encourage you to review the Policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy.

Your continued use of the Platforms after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of the Policy.

  • HOW TO CONTACT US

Please contact us with any questions or comments about our Privacy Policy.

Our contact information is:

Name: Emily Cauble

Company: HINCH.KIN, LLC

Address: 3920 Hidden Trail

City, State, Zip: Flower Mound, TX 75022

Email:  hello.hinchkin@gmail.com