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CANVAS CULTURES PRIVACY POLICY

 

 Last Updated: December 7, 2021

 

Canvas Cultures is a brand owned and operated by OpenStore.

This Privacy Notice is designed to help you understand how Miami Labs, Inc.
d/b/a OpenStore and its affiliates (“OpenStore”, “we”, “us”, “our”) collects,
uses, and shares personal information and to help you understand and exercise
your privacy rights.

1.        SCOPE

2.        PERSONAL INFORMATION WE COLLECT

3.        HOW WE USE YOUR INFORMATION

4.        HOW WE DISCLOSE YOUR INFORMATION

5.        YOUR PRIVACY CHOICES AND RIGHTS

6.        SECURITY OF YOUR INFORMATION

7.        INTERNATIONAL DATA TRANSFERS

8.        RETENTION OF PERSONAL INFORMATION

9.        SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

10.        SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

11.        CHILDREN’S INFORMATION

12.        OTHER PROVISIONS

13.        CONTACT US


 1. SCOPE

This Privacy Notice applies to personal information processed by us, including
on our websites and other online or offline offerings (together with any and all
future online and offline offerings). To make this Privacy Notice easier to
read, our websites and other offerings are collectively called the “Services.”


 2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact
with us, our Services, and the requirements of applicable law. We collect
information that you provide to us, information we obtain automatically when you
use our Services, and information from other sources such as organizations we
acquire or interact with in connection with a potential transaction (each a
“Partner Company”) along with third-party services and organizations, as
described below.

 1. Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

 * Account Creation. We may collect information when you create an account, such
   as name, email address, mailing or business address, professional details,
   username/alias, and other related information.
 * Purchases. We may collect personal information and details associated with
   your purchases made via the Services, including payment information. Any
   payments made via our Services are processed by third-party payment
   processors. We do not directly collect or store any payment card information
   entered through our Services, but we may receive information associated with
   your payment card information (e.g., your billing details).
 * Your Communications with Us. We may collect personal information, such as
   email address, phone number, or mailing address when you request information
   about our Services, register for our newsletter or loyalty program, request
   customer or technical support, or otherwise communicate with us.
 * Surveys. We may contact you to participate in surveys. If you decide to
   participate, you may be asked to provide certain information which may
   include personal information.
 * Interactive Features. We and others who use our Services may collect personal
   information that you submit or make available through our interactive
   features (e.g., commenting functionalities, forums, blogs, and social media
   pages). Any information you provide using the public sharing features of the
   Services will be considered “public,” unless otherwise required by applicable
   law, and is not subject to the privacy protections referenced herein.
 * Conferences, Trade Shows, and Other Events. We may collect personal
   information from individuals when we attend conferences, trade shows, and
   other events.
 * Business Development and Strategic Partnerships. We may collect personal
   information from individuals and third parties to assess and pursue potential
   business opportunities.
 * Job Applications. We may post job openings and opportunities on our Services.
   You may reply to one of these postings by submitting your application, CV,
   cover letter, and/or other information to us.

 2. Information Collected Automatically

We may collect personal information automatically when you use our Services:

 * Automatic Data Collection. We may collect certain information automatically
   when you use our Services, such as your Internet protocol (IP) address, user
   settings, MAC address, cookie identifiers, mobile carrier, mobile advertising
   and other unique identifiers, browser or device information, location
   information (including approximate location derived from IP address), and
   Internet service provider. We may also automatically collect information
   regarding your use of our Services, such as pages that you visit before,
   during and after using our Services, information about the links you click,
   the types of content you interact with, the frequency and duration of your
   activities, and other information about how you use our Services.
 * Cookies, Pixel Tags/Web Beacons, and Other Technologies. We, as well as third
   parties that provide content, advertising, or other functionality on our
   Services, may use cookies, pixel tags, local storage, and other technologies
   (“Technologies”) to automatically collect information through your use of our
   Services.

 * Cookies. Cookies are small text files placed in device browsers that store
   preferences and facilitate and enhance your experience.
 * Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece
   of code embedded in our Services that collects information about engagement
   on our Services. The use of a pixel tag allows us to record, for example,
   that a user has visited a particular web page or clicked on a particular
   advertisement. We may also include web beacons in e-mails to understand
   whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

 * Operationally Necessary. This includes Technologies that allow you access to
   our Services, applications, and tools that are required to identify irregular
   website behavior, prevent fraudulent activity and improve security or that
   allow you to make use of our functionality;
 * Performance-Related. We may use Technologies to assess the performance of our
   Services, including as part of our analytic practices to help us understand
   how individuals use our Services (see Analytics below);
 * Functionality-Related. We may use Technologies that allow us to offer you
   enhanced functionality when accessing or using our Services. This may include
   identifying you when you sign into our Services or keeping track of your
   specified preferences, interests, or past items viewed;

Advertising- or Targeting-Related. We may use first party or third-party
Technologies to deliver content, including ads relevant to your interests, on
our Services or on third-party websites.

See “Your Privacy Choices and Rights” below to understand your choices regarding
these Technologies.

 * Analytics. We may use Technologies and other third-party tools to process
   analytics information on our Services.

 3. Information Collected from Other Sources

Partner Companies. We may collect personal information from Partner Companies.
This may include any personal information a Partner Company has collected that
it provides to us including, but not limited to, information about customer
transactions, marketing databases, and information about an individual’s online
or offline activities. For example, Partner Companies may provide us with
personal information related to their customers’ transactions made via Shopify
including, but not limited to, email address, name, billing and shipping
address, IP address, latitude/longitude, phone number, user agent, payment
gateway, order amount, line item amount, discounts, sales tax amount and
currency used.  

Other Third-Party Sources or Organizations. We may collect personal information
from other sources, including information we obtain from third-party services
and organizations. For example, if you access our Services through a third-party
application, such as an app store, a third-party login service, or a social
networking site, we may collect information about you from that third-party
application that you have made available via your privacy settings. In addition,
we may also obtain supplemental information from third-party sources related to
any individual about whom we have previously collected personal information.  


 3. HOW WE USE YOUR INFORMATION

We use personal information for a variety of business purposes, including to
provide our Services, for administrative purposes, and to market products and
Services, as described below.

 1. Provide Our Services

We use personal information to fulfil our contracts and provide our Services,
such as:

 * Carrying out due diligence activities in connection with a potential
   transaction;
 * Carrying out integration and transitional activities in connection with any
   transaction we enter into with a Partner Company;
 * Managing information and accounts;
 * Providing access to certain areas, functionalities, and features of our
   Services;
 * Answering requests for customer or technical support;
 * Communicating with you about your account, activities on our Services, and
   changes to our agreements;
 * Processing financial information and other payment methods for products or
   Services purchased;
 * Processing applications if you apply for a job we post on our Services; and
 * Allowing you to register for events.
   

 2. Administrative Purposes

We use personal information for various administrative purposes, such as:

 * Pursuing our legitimate interests such as direct marketing, research and
   development (including marketing research), network and information security,
   and fraud prevention;
 * Developing machine learning models and algorithms;
 * Analyzing trends;
 * Deriving insights;
 * Detecting security incidents, protecting against malicious, deceptive,
   fraudulent or illegal activity, and prosecuting those responsible for that
   activity;
 * Measuring interest and engagement in our Services;
 * Improving, upgrading or enhancing our Services;
 * Developing new products and services;
 * Ensuring internal quality control and safety;

 * Authenticating and verifying individual identities, including requests to
   exercise your rights under this policy;
 * Debugging to identify and repair errors with our Services;
 * Auditing relating to interactions, transactions and other compliance
   activities;
 * Enforcing our agreements and policies; and
 * Complying with our legal obligations.

 3. Marketing and Advertising our Products and Services

We may use any personal information that we process under this Privacy Notice to
tailor and provide individuals with content and advertisements. We may provide
individuals with these materials as permitted by applicable law.

Some of the ways we may market to individuals include email campaigns, custom
audiences advertising, and “interest-based” or “personalized advertising,”
including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to
inquire about opting out of the use of your personal information for marketing
purposes, you may contact us at any time as set forth in “Contact Us” below.

 4. Other Purposes

We may also use personal information for other purposes as requested by you or
as otherwise permitted by applicable law.

 * Consent. We may use personal information for other purposes that are clearly
   disclosed to you at the time you provide personal information or with your
   consent.

 * De-identified and Aggregated Information. We may use personal information and
   other information to create de-identified and/or aggregated information, such
   as de-identified demographic information, de-identified location information,
   information about the device from which you access online services, or other
   analyses we create. De-identified and/or aggregated information is not
   personal information, and we may use, disclose, and retain such information
   as permitted by applicable laws.

 * Share Content with Friends or Colleagues. Our Services may offer various
   tools and functionalities. For example, we may allow you to provide
   information about your friends through our referral services. Our referral
   services may allow you to forward or share certain content with a friend or
   colleague, such as an email inviting your friend to use our Services.


 4. HOW WE DISCLOSE YOUR INFORMATION

We disclose personal information to third parties for a variety of business
purposes, including to provide our Services, to protect us or others, or in the
event of a major business transaction such as a merger, sale, or asset transfer,
as described below.

 1. Disclosures to Provide our Services

The categories of third parties with whom we may share personal information are
described below.

 * Service Providers and Professional Advisors. We may share personal
   information with our third-party service providers and professional advisors
   who use that information to help us provide our Services. This includes third
   parties that provide us with IT support, hosting, payment processing,
   customer service, banking and legal services, insurance, and related
   services.
 * Business Partners. We may share personal information with business partners
   to provide individuals with a product or service they have requested. We may
   also share personal information with business partners with whom we jointly
   offer products or services.
 * Affiliates. We may share personal information with our affiliates.
 * Advertising Partners. We may share personal information with third-party
   advertising partners. These third-party advertising partners may set
   Technologies and other tracking tools on our Services to collect information
   regarding your activities and your device (e.g., your IP address, cookie
   identifiers, page(s) visited, location, time of day). These advertising
   partners may use this information (and similar information collected from
   other services) for purposes of delivering personalized advertisements to you
   when you visit digital properties within their networks. This practice is
   commonly referred to as “interest-based advertising” or “personalized
   advertising.”
 * APIs/SDKs. We may use third-party application program interfaces (“APIs”) and
   software development kits (“SDKs”) as part of the functionality of our
   Services. For more information about our use of APIs and SDKs, please contact
   us as set forth in “Contact Us” below.

 2. Disclosures to Protect Us or Others

We may access, preserve, and disclose any personal information we process to
external parties if we, in good faith, believe doing so is required or
appropriate to: comply with law enforcement or national security requests and
legal process, such as a court order or subpoena; protect your, our, or others’
rights, property, or safety; enforce our policies or contracts; collect amounts
owed to us; or assist with an investigation or prosecution of suspected or
actual illegal activity.

 3. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence,
reorganization, bankruptcy, receivership, purchase or sale of assets, transition
of service to another provider, or other similar event, the personal information
in our possession or control may be sold or transferred as part of such a
transaction.


 5. YOUR PRIVACY CHOICES AND RIGHTS

Your Privacy Choices. The privacy choices you may have about your personal
information are described below.

 * Email and Telephone Communications. If you receive an unwanted email from us,
   you can use the unsubscribe link found at the bottom of the email to opt out
   of receiving future emails. Note that you will continue to receive
   transaction-related emails regarding products or Services you have requested.
   We may also send you certain non-promotional communications regarding us and
   our Services, and you will not be able to opt out of those communications
   (e.g., communications regarding our Services or updates to our Terms or this
   Privacy Notice).

We process requests to be placed on do-not-mail, do-not-phone, and
do-not-contact lists as required by applicable law.

 * Text Messages. You may opt out of receiving text messages from us by
   following the instructions in the text message you have received from us or
   by otherwise contacting us.

 * “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can
   set in certain web browsers. Please note that we do not respond to or honor
   DNT signals or similar mechanisms transmitted by web browsers.

 * Cookies and Interest-Based Advertising. You may stop or restrict the
   placement of Technologies on your device or remove them by adjusting your
   preferences as your browser or device permits. However, if you adjust your
   preferences, our Services may not work properly. Please note that
   cookie-based opt-outs are not effective on mobile applications. However, you
   may opt-out of personalized advertisements on some mobile applications by
   following the instructions for Android, iOS and others.

The online advertising industry also provides websites from which you may opt
out of receiving targeted ads from data partners and other advertising partners
that participate in self-regulatory programs. You can access these and learn
more about targeted advertising and consumer choice and privacy by visiting the
Network Advertising Initiative, the Digital Advertising Alliance, the European
Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.  

Please note you must separately opt out in each browser and on each device.

Your Privacy Rights. In accordance with applicable law, you may have the right
to:

 * Access Personal Information about you, including: (i) confirming whether we
   are processing your personal information; (ii) obtaining access to or a copy
   of your personal information; and (iii) receiving an electronic copy of
   personal information that you have provided to us, or asking us to send that
   information to another company (the “right of data portability”);
 * Request Correction of your personal information where it is inaccurate or
   incomplete. In some cases, we may provide self-service tools that enable you
   to update your personal information;
 * Request Deletion of your personal information;
 * Request Restriction of or Object to our processing of your personal
   information; and  
 * Withdraw your Consent to our processing of your personal information.

If you would like to exercise any of these rights, please contact us as set
forth in “Contact Us” below. We will process such requests in accordance with
applicable laws.


 6. SECURITY OF YOUR INFORMATION

We take steps to ensure that personal information we process is treated securely
and in accordance with this Privacy Notice. Unfortunately, no system is 100%
secure, and we cannot ensure or warrant the security of any personal information
we process. To the fullest extent permitted by applicable law, we do not accept
liability for unauthorized disclosure.

You agree that we may communicate with you electronically regarding security,
privacy, and administrative issues relating to your use of our Services. If we
learn of a security system’s breach, we may attempt to notify you electronically
by posting a notice on our Services, by mail or by sending an email to you.


 7. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored
anywhere in the world, including, but not limited to, the United States or other
countries, which may have data protection laws that are different from the laws
where you live. We endeavor to safeguard your information consistent with the
requirements of applicable laws.


 8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Notice
for as long as you use our Services or as necessary to fulfill the purpose(s)
for which it was collected, provide our Services, resolve disputes, establish
legal defenses, conduct audits, pursue legitimate business purposes, enforce our
agreements, and comply with applicable laws. If and to the extent we delete
personal information, we may carry out this deletion by de-identifying and/or
anonymizing such personal information.


 9. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental California Privacy Notice only applies to our processing of
personal information that is subject to the California Consumer Privacy Act of
2018 (“CCPA”). The CCPA provides California residents with the right to know
what categories of personal information OpenStore has collected about them and
whether OpenStore disclosed that personal information for a business purpose
(e.g., to a service provider) in the preceding 12 months. California residents
can find this information below:

Category of Personal Information Collected by OpenStore

Categories of Third Parties Personal Information is Disclosed to for a Business
Purpose

Identifiers

 * Service providers
 * Affiliates
 * Advertising partners

Personal information categories listed in Cal. Civ. Code § 1798.80(e)

 * Service providers
 * Affiliates

Commercial information

 * Service providers
 * Affiliates

Internet or other electronic network activity

 * Service providers
 * Affiliates
 * Advertising partners

Professional or employment-related information

 * Service providers
 * Affiliates

Inferences drawn from other personal information to create a profile about a
consumer

 * Service providers
 * Affiliates
 * Advertising partners

 

The categories of sources from which we collect personal information and our
business and commercial purposes for using personal information are set forth in
“Personal Information We Collect” and “How We Use Your Personal Information”
above, respectively.

 

Additional Privacy Rights for California Residents

“Sales” of Personal Information under the CCPA. For purposes of the CCPA,
OpenStore does not “sell” personal information, nor do we have actual knowledge
of any “sale” of personal information of minors under 16 years of age.

 

Non-Discrimination. California residents have the right not to receive
discriminatory treatment by us for the exercise of their rights conferred by the
CCPA. 

Authorized Agent. Only you, or someone legally authorized to act on your behalf,
may make a verifiable consumer request related to your personal information. You
may also make a verifiable consumer request on behalf of your minor child. To
designate an authorized agent, please contact us as set forth in “Contact Us”
below and provide written authorization signed by you and your designated agent.

Verification. To protect your privacy, we will take steps to verify your
identity before fulfilling your request. When you make a request, we will ask
you to provide sufficient information that allows us to reasonably verify you
are the person about whom we collected personal information or an authorized
representative, which may include asking you to answer questions regarding your
account and use of our Services.

If you are a California resident and would like to exercise any of your rights
under the CCPA, please contact us as set forth in “Contact Us” below. We will
process such requests in accordance with applicable laws.

 

 


 10. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

 

If you are a resident of Nevada, you have the right to opt-out of the sale of
certain personal information to third parties who intend to license or sell that
personal information. Please note that we do not currently sell your personal
information as sales are defined in Nevada Revised Statutes Chapter 603A. If you
have any questions, please contact us as set forth below.


 11. CHILDREN’S INFORMATION

The Services are not directed to children under 13 (or other age as required by
local law), and we do not knowingly collect personal information from children.

 

If you are a parent or guardian and believe your child has uploaded personal
information to our site without your consent, you may contact us as described in
“Contact Us” below. If we become aware that a child has provided us with
personal information in violation of applicable law, we will delete any personal
information we have collected, unless we have a legal obligation to keep it, and
terminate the child’s account if applicable.


 12. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other
websites/applications and other websites/applications may reference or link to
our Services. These third-party services are not controlled by us. We encourage
our users to read the privacy policies of each website and application with
which they interact. We do not endorse, screen or approve, and are not
responsible for, the privacy practices or content of such other websites or
applications. Providing personal information to third-party websites or
applications is at your own risk.

Supervisory Authority. If you are located in the European Economic Area,
Switzerland, or the United Kingdom, you have the right to lodge a complaint with
a supervisory authority if you believe our processing of your personal
information violates applicable law.

Changes to our Privacy Notice. We may revise this Privacy Notice from time to
time in our sole discretion. If there are any material changes to this Privacy
Notice, we will notify you as required by applicable law. You understand and
agree that you will be deemed to have accepted the updated Privacy Notice if you
continue to use our Services after the new Privacy Notice takes effect.


 13. CONTACT US 

If you have any questions about our privacy practices or this Privacy Notice, or
to exercise your rights as detailed in this Privacy Notice, please contact us
at:

Miami Labs, Inc. d/b/a OpenStore

215 NW 24th Street, Suite 401, Miami, FL 33127

 

 

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ADDRESS:
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E-MAIL:
support@canvascultures.com


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