Privacy Policy
This Privacy Policy describes information Apricus Art Collection, LLC (“Apricus”, “us”, or “we”) may collect when you visit a website (the “Site”) or the Apricus App (the “App”) owned by Apricus or when you direct an inquiry to Apricus through electronic means, telephonically, or otherwise. The website is located (and the mobile application is available for download, as well on the Apple App Store and Google Play) at https://www.theapricusapp.com/, which is owned and operated by Apricus. This Privacy Policy also describes information we may otherwise collect in the course of our business and discusses how Apricus stores, uses, discloses, or shares information collected. This Privacy Policy forms part of the Terms and Conditions of Use that govern your use of the Site or App.
Please read this Privacy Policy carefully. If you do not agree, please do not access or use the Site or App. By accessing or using the Site or App, or by clicking “I agree,” you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Site or App after the Privacy Policy is modified is deemed to be acceptance of those modifications, so please check periodically for updates.
The Apricus Site is powered by Shopify Inc. (“Shopify”) and Amazon Web Services, Inc. (“AWS”). Shopify’s privacy policy applies to the collection of data by Shopify. Shopify’s privacy policy can be found here. AWS’s privacy policy applies to the collection of data by AWS. AWS’s privacy policy can be found here.
Scope
This Privacy Policy tells you about our information gathering, use, storing, and disclosure practices and applies to information collected through your use of this Site, your electronic communications through this Site, and the App. This Privacy Policy also applies to our collection and processing of information provided to us or collected by us offline.
This Privacy Policy does not apply to information collected by third parties, including via websites that may be accessible from, link to, or are linked from the Site or App. Apricus is not responsible for the content or privacy practices of any company other than Apricus, and Apricus is not responsible for the content or privacy practices of any non-Apricus Site or app to which the Site or app links or which link to the Apricus Site or app.
Information We Collect
Apricus collects personal information and non-personal information.
“Non-personal Information” is any information that does not identify you individually or does not permit a direct association with an individual. Non-personal Information may include information derived from Personal Information that has been de-personalized by removing unique identifiers and/or combining it with information about other users to form aggregated data.
“Personal Information” is information that is reasonably capable of being associated or could be linked, directly or indirectly, with a particular consumer or household. Apricus collects some information that is about you individually but does not identify you, and collects information about your internet connection, your device used to access the Site or App, and your use of the Site or App. If Apricus combines that information with personal information, it will treat it as personal information.
Examples of information Apricus collects include:
Registration information you submit when you create an account on the Site or App or update your account, including your name, and email address, or sign up to receive email correspondence from the Site or App;
Registration information you submit when you create an account on the App, including your name, email address, phone number, age, and gender;
Information we obtain when you make a purchase or conduct another transaction, including your name, mailing address, email address, phone number, and credit card information (collected through Shopify);
Information you submit when you subscribe to the Site or App, provide us feedback, use our “submit a request” form or otherwise correspond with Apricus, which may include copies of the correspondence;
Information you post on your App profile/feed, comments on posts, other blog posts which may include copies of the content posted;
Information we obtain from a third party, such as a third party site, vendor, service provider, analytics partner, marketing or remarketing partner, or other platform provider;
Location information, including location information provided by a mobile device or other device as you navigate the Site or App;
Activity information about your use of the Site or App;
Usage, viewing, technical, and device data when you visit the Site or App or interact with communications from our Site.
How We Collect
Apricus collects information from and about you directly when you provide such information to Apricus and automatically when you use the Site or App.
Voluntarily and/or Directly Provided
In the course of visiting and using the Site or App, you may provide information to us voluntarily. For example, you provide information to Apricus voluntarily when you register an account, fill out the “submit a request” form, complete a transaction, or post on the App or Site. If you voluntarily provide your Personal Information to us, we collect it. You choose whether to disclose Personal Information, but you may not be able to use certain portions or features of the Site or App or conduct certain transactions without doing so.
Technologically Gathered
We collect some information automatically as you navigate the Site or App. For example, we collect traffic data (such as information about how much time visitors spend on the Site or App or each page, etc.), collect and log “clickstream data” (such as internet protocol addresses, pages visited, clicks made, and similar information) and information about your computer and internet connection (such as operating system and browser type) for all visitors. This sort of information is generally considered Non-personal Information (unless it is combined with Personal Information). We may combine information about your use with information about others’ use to generate aggregated Non-personal Information about visitors as a group. Some of the technology used to collect information is explained further in Apricus’s Cookie Policy.
Cookies and Related Technology
Apricus may use the following technologies to collect data as you visit the Site or App. To learn more about Apricus’ use of cookies and your choices, please see Apricus’s Cookie Policy below.
“Cookies” are small pieces of data that a website, when visited by a user, asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Cookies can be either persistent or temporary. A persistent cookie retains user preferences for a particular website, allowing those preferences to be used in future sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). Temporary cookies expire at the end of a user session when the browser is closed.
Most internet browsers are initially set to accept cookies. Cookies are classified in the following categories: Necessary Cookies, Performance Cookies, Functional Cookies, and Targeting Cookies. You cannot opt-out of Necessary Cookies, but you can opt out of the other cookie categories by clicking on the “cookie settings” button in your browser, in this policy, or in the applicable website cookie notice. If you decline the use of cookies or set your browser to refuse cookies, then you may not be able to access or use portions of this Site.
“Web beacons” and “pixels” are small bits of code embedded in web pages or emails that assist in delivering cookies and measuring statistics. Web beacons and pixels help Apricus determine whether a page on this Site has been viewed and, if so, how many times. Apricus may also use web beacons and pixels in email messages to determine what the recipient has done with the message. Although you cannot decline to receive web beacons and pixels when visiting a web page, you can choose not to receive them by email if you disable HTML images or refuse HTML email messages.
How We Use the Information
Apricus uses information that you provide and/or that Apricus collects to present the Site or App to you, improve the Site or App, deliver a more personalized experience to you, to provide you with information, products, and/or services that you request from Apricus, to fulfill any other purpose for which you provide such information, to verify your identity, to provide you with other information you requested, in any other way Apricus may describe when you provide the information, and for any other purpose with your consent. The way Apricus uses such information is described in more detail in the chart below. Apricus may aggregate the information you provide or that Apricus collects from you with information collected from other users to allow Apricus to evaluate its products, solutions, and services. Apricus may use the information it collects to contact you about Apricus’s products that may interest you; if required by law, we will obtain your approval to do so. If you do not want Apricus to use your information this way, please see Section 7 below.
Why Apricus processes your information
Legal basis for the processing purposeTo respond to your request or to fulfill the purpose for which you provide the informationPerformance of a contractYour consentTo personalize and improve your experience with the Site or AppLegitimate interestTo ensure technical functionality and proper operation of the Site or AppLegitimate interestTo improve our products and services or to develop new products and servicesLegitimate interestTo communicate with you for product or services-related purposes, such as regarding support issues and customer service inquiriesPerformance of a contractLegitimate interestConsentTo communicate with you for the following purposes: to respond to a request, marketing, remarketing, research, or other promotional purposes, via email, notifications or other messages, consistent with any permissions you may have communicated to usConsentLegitimate InterestTo comply with our legal obligationsLegitimate InterestTo carry out our obligations and enforce our rightsLegitimate InterestContractIn any other way described when the information is collectedLegitimate interestConsent
To Whom We Disclose
General. Apricus may disclose aggregated information about its users and information that does not identify any individual without restriction. Apricus may disclose personal information that it collects or you provide as described in this Privacy Policy to Apricus’s business partners, affiliates, contractors, distributors, or service providers, and other third parties Apricus uses to support its business, including but not limited to customer support, web hosting, information technology, payment processing, product fulfillment, fraud control, legal services, marketing, and remarketing, advertising, and analytics providers. Apricus requires such processors to agree in writing to maintain safeguards for protection of your Personal Information Apricus may also disclose personal information that it collects or you provide to a purchaser or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Apricus’s assets; to fulfill the purpose for which you provided the personal information; for any other purpose when you consent to such disclosure at the time you provide the information. Apricus 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 Apricus’s terms of use and other agreements, and if Apricus believes disclosure is necessary or appropriate to protect the rights, property, or safety of Apricus, its customers, or others.
Disclosure for Third Party Direct Marketing. Apricus shares personal information it receives or collects from you with its business partners for their direct marketing purposes (to market their own goods or services directly to you). Apricus will not do so unless you have first consented and then only unless or until you withdraw your consent.
Google Analytics and Google Analytics Advertising. The Site or App uses Google Analytics. Google Analytics assists Apricus with collecting and monitoring data about traffic to the Site or App. Google Analytics collects visitation information via Google advertising cookies and identifiers. You can learn how Google collects and processes data by visiting the following website: www.google.com/policies/privacy/partners/. This Site also uses Google Analytics Advertising, including Google Demographics and Interest Reporting, Google Display and Search Remarketing, and Google Display Impression Reporting. Google Analytics Remarketing uses cookies to track users who visit the Site or App and display ads when users are on other websites. If you would like opt-out of the Google Analytics Advertising Features, you can adjust your Ad Settings and Ad Settings for mobile apps. For information on how to adjust your Ad Settings, visit the following website: https://support.google.com/accounts/answer/2662856?co=GENIE.Platform%3DAndroid&hl=en. For more information about Google Analytics’ currently available opt-outs or to opt-out of the collection of data by Google Analytics, visit the following website: https://tools.google.com/dlpage/gaoptout/. For information about how to opt out of Google Marketing Platform’s use of cookies, visit https://optout.networkadvertising.org/?c=1. For more information about targeting and advertising cookies and how to opt out of those, visit optout.aboutads.info.
Third Party Analytics. Apricus also engages Facebook, LinkedIn, and Instagram, as well as engage other third-party service providers to assist with collecting and monitoring data about traffic to the Site or App, as well as to display ads to users when users are on other websites. These third parties use cookies, web beacons, and other tracking technologies to collect or receive information from Apricus, the Site or App, or elsewhere on the internet, as discussed in Section 4 above, and will use that information to provide measurement services and targeted advertisements. You have the ability to opt-out of the collection or use of your data for remarketing, retargeting, online behavioral advertising, and interest-based advertising. You may do so by visiting the following websites: www.networkadvertising.org/choices, www.aboutads.info/choices, or http://www.youronlinechoices.eu/.
The following details categories of information collected:
SourceInformationHow UsedHow long keptBasisRegistrationName, telephone, street address, email address, financial informationTo process registration to Apricus Site or App (this information is collected through a third party website subject to their privacy policy)So long as necessary to fulfill accepted orderContractNewsletterName, emailTo process requests to subscribe to the newsletterUntil you withdraw your consentContractGoogle Analytics cookiesDetails about your visit to the site (see Cookie Policy above)To analyze website trafficUntil you withdraw your consentConsent
Your Choices. You have some choices about how personal information you provide to us or that we collect is used.
Do Not Track. The Site does respond to do-not-track (DNT) signals from browsers or other similar mechanisms. You may select a “do not track” setting on your web browser. However, these features are not yet uniform, so we may not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy. Apricus does not permit third-party advertisers to collect personally identifiable information about your online activities for their use when you use the Site. Apricus does not permit third-party behavioral tracking through the Site except as otherwise explained in this policy.
Tracking Technologies. You may set your browser to refuse some or all browser cookies, or to alert you when cookies are being sent. To learn how to manage or delete cookies on your browser, visit the browser developer’s website. To learn how to manage Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that parts of the Site or App may not be accessible or may not function properly.
Updating Information. You may contact Apricus at the contact information set forth below to request access to, correct, or delete certain personal information that you have provided to Apricus. Apricus may not accommodate a request to change information if Apricus believes the change would violate any law or legal requirement or cause the information to be incorrect.
California Residents Rights. You may see the Supplemental Notice applicable to California residents here Supplemental Notice.
For Residents of the U.K. and EEA. If you reside in the United Kingdom or the European Economic Area (the “EEA”), the following provisions apply to you:
Access. You may request access to your personal information and the following information regarding our use of it: (i) purpose of the use, (ii) categories of personal information used, and (iii) to whom we have disclosed your personal information.
Correction. You may request that Apricus correct any inaccurate personal information we have.
Right to Be Forgotten. You may request that Apricus erase your personal information when Apricus no longer needs such data.
Withdraw Consent. If Apricus’s ability to use your personal information depends on consent you have given, you may withdraw such consent.
Restriction. You may request that Apricus restrict (or suspend) use of your personal information.
Object. You may object to Apricus’s use of your personal information to perform services you have not requested.
Copies and Portability. You may request copies of your personal information that Apricus possesses in a structured, commonly used, and machine-readable format and you may request that this be transmitted to another controller.
Complaint. You may lodge a complaint with the supervising authority of your country.
Data Transfer. Apricus operates globally and may transfer your personal information to locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. Additionally, when using or disclosing personal information transferred from the European Union or United Kingdom, we use standard contractual clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards, or obtain your consent.
Data Retention and Security
Data Retention. Apricus retains personal data in accordance with applicable law. Apricus may store your personal information to the extent required to comply with Apricus’s legal, accounting, and/or reporting requirements. Additionally, Apricus may continue to store your personal information contained in standard backups. Upon your request, Apricus will delete or permanently deidentify your personal information unless Apricus is legally required or permitted to maintain such personal information.
Steps You Can Take. Where you have selected or received a password for use in connection with login information or accessing certain features of the Site or the App, you are responsible for maintaining the confidentiality of the password and for not sharing it with anyone.
Data Security. Apricus has implemented some measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Apricus cannot guarantee the security of your personal information transmitted to or through the Site or App. Any transmission of personal information is at your own risk. Apricus is not responsible for circumvention of any privacy settings or security measures contained in the Site or App.
Nevada Residents. Under Nevada law, Nevada residents may submit a request directing Apricus not to make certain disclosures of personal information we maintain about them. If you are a Nevada resident and wish to exercise this right, you may contact us by email at media@theapricusapp.com
Additional State Privacy Rights. Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights or to appeal a decision regarding a consumer rights request, please contact us in listed in Section 17 below. Apricus will respond to all appeal requests as soon as we reasonably can, and no later than legally required.
Children. The Site or App is not for children. Apricus does not knowingly collect personal information from children under the age of 18 through the Site or App. If Apricus learns that it has collected or received such information, it will delete that information. If you believe we might have information from or about a child under the age of 18, please let us know by contacting us using the information set forth in Section 17
Links. This Site contains links to third party websites that Apricus does not control. Apricus cannot be held responsible for third parties’ privacy practices or content provided on such websites. If you click on one of these links, please understand that you are leaving the Site and any information you provide will not be covered by this Privacy Policy. Please read that website’s privacy policy before providing any information.
Users from Outside the U.S.. The Site and App are hosted in the United States and are governed by United States law. If you are using the Site or App from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located, and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site or App, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom Apricus shares it as described in this Privacy Policy.
EU Data Protection Authority. If you are a resident of the European Union or the United Kingdom and believe we maintain your personal data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority, the Irish Data Protection Commission, at www.dataprotection.ie.
California Consumer Privacy Act (CCPA) Rights and Choices. The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights. You have the right to request that Apricus disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights. You have the right to request that Apricus delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at media@theapricusapp.com. 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. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Opt-Out Right. You have the right to opt-out of the sale of your personal information. However, we do not sell any personal information, and therefore, we do not offer an opt-out.
Changes to This Policy. Apricus may modify this Privacy Policy at any time, at its sole discretion. Apricus will provide notice of such changes by posting the updated Privacy Policy on the Site or App and changing the “last updated” date listed above. If Apricus makes any material changes to its Privacy Policy, Apricus will also notify you by email or by means of a notice on the Site or App prior to the change becoming effective. Your continued use of the Site or App after Apricus posts or sends notice of the changes to this Privacy Policy will signify your acceptance of such changes. Please check the Privacy Policy frequently for updates.
Contact. If you have any questions or comments about this Supplemental Notice and Apricus’s privacy practices, or if you wish to exercise your rights as a California resident, please contact Apricus at: Apricus Art Collection, LLC, Attn: Apricus, Ph: n/a, email: media@theapricusapp.com.