Who we are
Our website address is: https://forgemountainphoto.com.
Effective Date: April 20, 2021
On the Sites, In e-mails, text, and other electronic messages between you and us via the Sites and
Other services offered.
This Privacy and Policy shall be interpreted under the laws of the United States.
Age Requirement for Use of the Sites: The Sites are not intended for use by persons under 18 years old. You must be 18 years old or older to provide any personal information to us through the Sites.
WHAT INFORMATION WE COLLECT
Personal Information You Voluntarily Provide
We may request and collect certain personal information from our users, such as name, mailing address, e-mail address, telephone, cellular and fax number, other wireless device address, credit/debit card and other payment information, and other contact information through various means such as account registration and maintenance, magazine subscriptions, subscription renewals, e-newsletter subscriptions, product orders, sweepstakes and contest entries, surveys and other online forms, questions, comments and communications to the Sites, including but not limited to a “Contact Us” or similar feature on our Sites, as well as through our blog(s), and contributions to a chat room, bulletin board, or other open forum area of the Sites. We may also obtain personal information about you from third-party sources.
We may also collect certain non-personally identifiable information via the Sites, such as usage activity and preferences, as well as demographic or profile data.
Cookies and Tracking Technology. As with many websites, we may use “cookies” to keep, and sometimes track, information about you. Cookies are small data files sent to your browser or related software from a web server and stored on your computer’s hard drive. Cookies track where you travel on a website and what you look at and may purchase. They may store the information in your shopping cart and your username and password. A cookie may enable us to relate your use of our Sites and other information about you, including certain Personal Information. All of these purposes serve to improve and personalize your experience on our Sites.
Certain cookies are essential for the operation of a website. Other cookies are used to compile aggregate and statistical data about site traffic and site interaction so that we can offer a better website experience and tools in the future. Typically, these “analytics” cookies do not need access to personal information for their operations. We may contract with third-party service providers to provide these analytics services. They are contractually prohibited from using the personal information collected on our behalf except to help us conduct and improve our business.
Clear GIFs. We also may use “clear GIFs” (aka, web bugs, e-mail bugs, “web beacons,” or “pixel tags”) on the Sites or in our communications with you to enable us to know whether you have visited a web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message and enables the verification of an individual’s viewing history or receipt of a web page or message. A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information about you, including your Personal Information.
IP Address and Clickstream Data. In addition, our server may automatically collect data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from one of our Sites, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the pages you visit on our Site; the website you visit after this Site; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on our Site or a referral web site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, administer our Sites, and identify our users. We may also use such technologies to remember user preferences or minimize the need for you to re-enter information. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information that you have provided to us.
Any or all of these activities with regard to website usage information may be performed on our behalf by our service providers.
Targeted Advertising. We may permit third-party advertising companies to serve ads when you visit our Sites. These companies may use non-personal, aggregate information about your visits to our Sites in order to provide advertisements about goods and services that may be of interest to you. These companies may employ cookies, clear gifs or other tracking mechanisms to measure advertising effectiveness. Any information that these third parties collect is generally not personally identifiable (unless, for example, you provide personally identifiable information to them through an ad or e-mail message). We encourage you to read these companies’ privacy policies if you should have any concerns about how they will care for your personal information.
Deployed Cookies. We deploy the following cookies on the Sites:
Google Ad Manager
If you would like more information about online advertising and to know what are your choices, including how to opt-out of having your online information used for targeted advertising, please see the following industry websites:
National Advertising Initiative (NAI): http://optout.networkadvertising.org/#!/, or
Digital Advertising Alliance (DAA): http://optout.aboutads.info/#!/.
For EU residents: http://www.youronlinechoices.eu/
In addition, for our users in the EU we have implemented a Consent Management Platform across all our Sites to facilitate requesting your consent to receiving targeted advertising.
HOW WE USE AND SHARE YOUR PERSONAL INFORMATION
We may use Personal Information collected on and through our Sites for a variety of purposes in the course of our business and as otherwise set forth herein. For example, such information may be used to process your requests and orders, respond to your inquiries, or to send you information about our and our business partners’ products and services and other information and materials that may be of interest to you. This information may also be used for internal recordkeeping, or to evaluate what portions of the Sites are more popular than others, determine where visitors came from, where they go, and how long they stay on a particular page or a Site in general. We may match information collected from you, including both Personal Information and website usage information, and use such information along with information obtained from other sources, including third parties to determine, for example audience segments.
We also reserve the right to disclose Personal Information to government authorities and to other third parties when compelled to do so by government authorities, if required by law, including but not limited to in response to court orders and subpoenas, or to protect or defend our rights or the rights or well-being of our users or if you are involved (or are reasonably suspected to be involved) in any illegal activity, even without a subpoena, warrant, or court order.
Promotional or Marketing Messages. We may use your personal information, such as an e-mail address you provided, to send you offers or promotions about other goods and services from us that may be of interest to you. In addition, we may provide visitors to our Sites an opportunity to receive offers from other entities who have services, products, and offers that we think might be of interest to you. Unless you elect not to receive such offers by following the instructions in the “Right to Opt-Out” section below, we may sell, rent or otherwise provide certain personal information (such as your e-mail) to these entities so that they may send you these offers. If you no longer want us to share your personal information with these types of third parties, follow the instructions to opt-out in the “Right to Opt-Out” section below or click on the “Unsubscribe” link at the bottom of these e-mails. You can opt-out at any time and at no cost. Please note that their privacy policies will govern if you provide any personal information directly to these third parties.
POSTING OR SUBMITTING INFORMATION
When you contribute to a public area or feature on our Sites, such as our blog(s), or a chat room, bulletin board, list serve, wiki, or other open forum that we may make available on or through our Site, the information that you submit will be made available to other users, and sometimes to the general public. For this reason, we recommend that you do not submit any Personal Information, including your full name, home address, phone number, other information that would enable other users to locate you, or sensitive financial or medical information on these areas of our Sites. For example, create a username that does not disclose your personal identity.
You are solely responsible for the information and other content you submit to, or post on or through, the Sites, including without limitation to our blog(s). You understand that personal and other information (e.g., user name, e-mail address, phone number) that you post on or through the Site (e.g., blog[s], chat rooms, bulletin boards) as well as your general communications with the Sites are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the Sites are encouraged to exercise caution when posting or submitting any personal information about themselves on these public areas or features
Forge Mountain Photography has implemented reasonable and appropriate security measures and steps to ensure the security of the Personal and other information we collect. Any third-party service providers with whom We may share personal information are contractually obligated to implement security measures no less robust and comprehensive. However, be advised that no method of transmitting or storing electronic data is ever completely secure, and we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this policy.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at [email protected] with the alternative contact information you wish to be used.
We will retain your personal information only for as long as your account is active and as needed to provide you services that you request. We will also retain personal information as necessary to comply with our legal obligations and applicable laws, resolve disputes, enforce our agreements, or fulfill our legitimate interests. After your account is closed or expires, we will continue to retain minimal personal information for purposes of contacting you for reactivation of your account (i.e., to renew subscription to one or more of our magazines), unless you request to opt out of receiving such requests as described below.
RIGHT TO OPT OUT
You have the right to “opt out” of certain of our uses of your personal information. For example, at the time you are requested to provide personal information on the Sites, you may have the opportunity to elect to, or not to: (1) receive promotional or marketing material from us in the future, (2) have your personal information disclosed to or shared with third parties in the future for their marketing purposes; or (3) receive targeted advertising. At any time, you may opt-out of our e-mails by clicking on an opt-out or “Unsubscribe” link within the e-mail you receive. You can also opt out at any time of these practices and at any time by sending us an e-mail at [email protected]
However, please understand that your option not to receive promotional and marketing material: (a) shall not preclude us from corresponding with you, by e-mail or otherwise, regarding your existing or past relationship with us (e.g., your current or previous magazine subscription(s), the status of your orders, or our responses to questions or inquiries you pose to us), and (b) shall not preclude us, including our employees, contractors, agents, and other representatives, from accessing and viewing your Personal Information in the course of maintaining and improving the Sites or providing the service or product you have requested. Also, a request to have us stop sharing your Personal Information with other entities for their marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.
HOW TO ACCESS & CONTROL YOUR PERSONAL DATA
You have the following data protection rights:
You can request access, correction, updates or deletion of your personal information.
You can object to the processing of your personal information, ask us to restrict the processing of your personal information or request portability of your personal information.
If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority or other relevant parties about our collection and use of your personal information.
To exercise any of these rights, please contact us at [email protected] or by mail to Forge Mountain Photography, 60 N Market St #333, Asheville, NC 28801 Attention: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
LOCATED IN THE UNITED STATES
We are located in the United States and our Sites and servers are maintained in the United States. If you are located outside the United States, your personal information will be transferred to and processed in the United States, which has data protection laws that may be different than those in your country and may not be as protective. By providing any personal information to any of our Sites, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such Personal Information in, the United States.
CALIFORNIA SHINE-THE-LIGHT LAW
California Civil Code Section § 1798.83 permits users of our Sites who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Alternately, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place.
We currently do not honor browser-based Do-Not-Track signals. Not sure how to honor do not track.
For residents of the European Economic Area (EEA), Forge Mountain Photography advises that your Personal Information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the GDPR. Our legal basis for collecting and using your personal information is to do so with your consent; where we need the personal information for performance of a contract or requested service, or where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your personal information with your consent, you may withdraw your consent at any time.
Residents of the EEA have the right to:
Access your personal information;
Delete, or request deletion of, your personal information;
Object to or restrict processing of your personal information;
Request portability of your personal information;
Complain to your local data protection authority at any time;
Object to automated decision making; and
Update your personal Data.
To exercise these rights or withdraw your consent, contact us at [email protected] Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
With your consent, we may use your personal information to:
Send you promotional or marketing material from us;
Disclose or share your personal information with third parties for their marketing purposes;
Deploy cookies and other tracking technologies on your device; and
Target online advertising to your interests.
When you open an account with us, subscribe to a publication or request a product or service, you will be asked to provide clear and affirmative consent to these practices. You can withdraw your consent at any time and at no cost. Please see the section above, Right to Opt Out.
If we ask you to provide personal information to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your personal information is required and if not, the consequences of not sharing your personal data with us. Similarly, if Forge Mountain Photography collects and uses your personal information in reliance on our or a third party’s legitimate interests and those interests are not already described above, we will let you know what those legitimate interests are.
The Sites are intended to be accessed and used by persons at least 18 years or older. Forge Mountain Photography does knowingly not collect or maintain information on the Sites or any services from persons we know to be under age 13, and no part of our Sites are designed to attract anyone under age 13. If a child under the age of 13 has provided us with their personal information, we ask that their parent or guardian contact us as provided below to inform us of that fact. We will use reasonable efforts to delete such information from our systems and servers.