Privacy policy
We are committed to protecting your privacy. This Privacy Policy describes how we collect, use, store, share and protect the information collected in motiontextures.com (“Website”).
The Privacy Policy incorporates our Terms of Use. Together, both documents form a legally binding agreement between you and us. Capitalized words used but not defined in this Privacy Policy have the meaning given to them in the Terms of Use.
Please carefully read the Privacy Policy because it affects your rights under the law. By submitting any Personal Information to the Website, you confirm that you understand and agree to be bound by this Privacy Policy. If you do not agree with any part of this Privacy Policy, you may not access or use the Website and/or purchased any Product.
INFORMATION COLLECTED
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We collect two basic types of information from use of the Website: Personal Information and Non-Personal Information.
PERSONAL INFORMATION
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“Personal Information" means any information that identifies a natural person.
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The following are the Personal Information that we collect through and you may provide on the Website: first name, last name, and email address.
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As a general matter, you can browse the Website without submitting your Personal Information to us. However, this will limit your use of the Website.
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You may provide us with your Personal Information through the following:
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Purchasing any of the products on the Website;
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Signing up to receive email newsletters or alerts from us or our partners;
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Requesting for service or other assistance;
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Participating in surveys, panels, or market research on the Website;
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Participating in special events and promotions on the Website;
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Participating in discussions, chat rooms, comment threads, and other fora, and other interactive areas of the Website; or
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Submitting Personal Information on any part of the Website that permits it, or any other place of the Website where you knowingly volunteer to give Personal Information.
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Please do NOT supply any other person's Personal Information to us.
PERSONAL INFORMATION FROM OR THROUGH THIRD-PARTY SITES
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When you interact with the Website through a social media platform or other third-party sites, such as Facebook, Instagram, YouTube, or Google, we may collect the Personal Information that you make available to us on that page including your account ID or handle. We will comply with the privacy policies of the corresponding social media platform, and we will only collect and store such Personal Information that we are permitted to collect by these social media platforms.
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If you choose to link from the Website to a social networking service, we and that service may share certain information about you and your activities. With your consent, we also may share information about you and your activities with that social network’s users.
NON-PERSONAL INFORMATION
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Non-Personal Information includes information that does not personally identify an individual, but may include tracking and usage information about device, location, demographics, use of the Website and the internet.
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When you interact with the Website, we may collect Non-Personal Information and our servers may automatically keep an activity log of your use of the Website. Generally, we collect and store the following Non-Personal Information:
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Device information about your computer, mobile device, or other device that you use to access the Website. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, advertising ID, and other transactional information;
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Activity information including the content and any advertisements that you view and interact with, the address of the site from which you arrived and other technical data about your browsing actions and patterns (such as the pages you view, the links you click, the items you add to your cart, the length of your internet session);
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Additional traffic information such as reading history of the pages you view, time of access, date of access, software crash reports, session identification number, access times, and referring site addresses;
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Your search terms and search results;
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Other information about your use of the Website.
PERSONAL AND NON-PERSONAL INFORMATION FROM OTHER SOURCES
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We may also collect and store information about you that we receive from other sources to, among other things, enable us to update and correct the information contained in our database and to better customize your experience on the Website.
TRANSACTION AND PAYMENTS INFORMATION
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We process information relating to transactions, including purchase of a License, that you provide on the Website (“Payment Information”). The Payment Information may include first name, last name, email address, payment card details, billing address, and other transaction details. The Payment Information shall be processed to facilitate the purchase and keeping proper records of those transactions.
SHOPIFY INTEGRATION
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We use the software and services of Shopify (USA) Inc. 33 New Montgomery St. Ste 750, San Francisco, 94105 CA, USA for the needs-based design and operation of the Website and to facilitate the processing of purchases on the Website.
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Shopify’s accelerated checkout (“ShopPay”) allows you to have your Payment Information saved for future transactions on the Website. When you complete an order using ShopPay for the first time, you will be asked on the checkout page if you would like to save your information. Shopify will collect and store your Payment Information. You will be able to select and checkout with ShopPay using your Personal Information.
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In this context, your Payment Information is transferred to Shopify in the USA on the basis of an order processing agreement. Shopify does not use your Payment Information for any other purpose than processing payments on our behalf. You agree to share with Shopify your (i) Personal Information, (ii) Payment Information and (ii) other information necessary to facilitate your purchases on the Website. The use of your Personal Information that you share with Shopify will be governed by the Shopify Privacy Policy.
COMBINATION OF INFORMATION
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We use and combine the information from different portions of the Website into a single user record. We may also combine your information with information we collect from third parties or public sources, including analytics providers, advertising networks, and publicly available sources to enhance, expand, and check the accuracy of your user records.
USE OF INFORMATION
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We do NOT sell or license your Personal Information to any third-party.
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We may process your Personal Information when necessary for the establishment, exercise of our rights, defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our rights.
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We may also process your Personal Information where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your or another person’s vital interests.
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Specifically, we use your Personal Information for the following:
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Service access and registration: to register you as a new customer when you purchase a product on the Website.
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Sales and fulfillment: to process your order or to manage payments, fees and charges.
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Customer relationship management: to contact you about your order; to provide you with customer service (such as responding to questions, concerns and feedback and contacting you via email, telephone, SMS/text, post, direct message or other similar communication method for this purpose); to notify you of material changes to our terms or this Privacy Policy; to send you service-related communications; to ask you to leave a review or take a survey.
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Sweepstakes, contests, events, product trials, surveys, awards: to enable you to participate in sweepstakes, contests, product trials, events, awards, surveys, polls and quizzes and to provide you with any prizes, products or awards as applicable.
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Business administration, systems and security: to administer and protect our business and the Website, such as for troubleshooting, testing, system maintenance, support, reporting and hosting data; to ensure network and system security and prevent detect, mitigate and investigate fraud, security breaches and other prohibited or illegal activities; to verify your identity.
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Data analytics: to measure the performance of our marketing campaigns (for example, analyzing open and click rates); to provide insight and analysis of our customers for ourselves and our business partners, and for future product development.
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Marketing: to provide you with marketing via email, post, telephone, SMS/text, social media and other digital channels; to make suggestions and recommendations to you about products that could be of interest to you.
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Advertising: to select and deliver advertising and content to you and measure the delivery and effectiveness of such advertising and content.
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Personalization: to personalize content, services and communications and target advertising.
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Aggregation and anonymization: to aggregate and anonymize your Personal Information, so that we can use it to enable us to sell advertising and monitor the efficacy of our business partnerships.
SHARING YOUR INFORMATION
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Our Group of Companies. We may disclose your Personal Information to any member of our group of companies, which means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Privacy Policy.
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Insurers. We may disclose your Personal Information to our insurers, lawyers, and/or professional advisers as reasonably necessary for our insurance coverage, risk management, and legal support.
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Payment Services Providers. Financial transactions relating to the Website are handled by ShopPay, PayPal, and/or Google Pay (each a “Payment Provider”). We will share Payment Information with our Payment Provider(s) only to the extent necessary for the purposes of processing and dealing with queries relating to your payments. You understand and agree that the processing of your Payment Information that you provide when making a purchase on the Website will be governed by their privacy policies.
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Third-Party Suppliers. We may disclose information to one or more of our third-party suppliers of goods and services that allow us to operate and maintain the Website. The suppliers and providers with whom we may share your information include:
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Advertising services;
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Analytics services;
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IT service providers and web hosting companies;
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Market researchers;
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Newsletter distributors;
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Payment or billing information storage services;
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Complaints and reviews personnel;
RETAINING AND DELETING PERSONAL INFORMATION
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We do not keep Personal Information for longer than necessary. Our data retention periods vary depending on the context of the services that we provide to you and our legal obligations. To determine the appropriate period for which we keep your Personal Information, we consider the amount, nature and sensitivity of your Personal Information, the potential risk or harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process that Personal Information (and whether we can achieve those purposes through other means), and applicable legal requirements.
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We are required by law to keep certain information about our customers (such as financial and transaction related data) even after they cease being customers for tax purposes. Nevertheless, we may retain your Personal Information where such retention is necessary to comply with a legal obligation or to protect our, your, or other persons’ vital interests.
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In some cases, it is not possible for us to specify in advance the periods for which your Personal Information will be retained. In such cases, we will notify you.
YOUR RIGHTS AND CHOICES
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Right to Access. You have the right to know the Personal Information about you that we collect and use. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
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Right to Withdraw Consent. At any time, you may withdraw your consent to the processing of your Personal Information, in which case we may not be able to provide you some of the features and functionality of the Website. However, we may still process your Personal Information when required by applicable law.
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Right to Update, Correct, or Delete. You may update, correct, or delete your Personal Information and preferences that we store at any time. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. We will however retain your information needed for administrative and transactional communications.
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Right to Object. You may object to the processing of your Personal Information on the ground that it impacts your fundamental rights and freedom, or where we are processing your Personal Information for direct marketing purposes. In certain cases, we will demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
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Right to Restrict Processing. You may ask us to suspend the processing of your Personal Information: (a) if you want us to establish the Personal Information's accuracy; (b) where our use of the Personal Information is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Information but we need to verify whether we have overriding legitimate grounds to use it.
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Right to Request Transfer. We will provide to you, or a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
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Right to Data Portability. In some circumstances, you may be entitled to obtain your Personal Information from us in a format that makes it easier to reuse your information in another context, and to transmit your Personal Information to another data controller of your choosing without hindrance.
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To exercise any of your rights above, please submit a request by emailing us at: b@motiontextures.com. We will never discriminate against you for exercising any of your rights.
MARKETING AND OPTING OUT
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Where we have the appropriate permissions or as otherwise authorized by applicable laws, we will use your information to market and advertise our and occasionally third-party products and services that could be of interest to you including third party offers, advertisements, competitions or commercial communications by telephone (mobile and landline when available), post, electronic messaging (including SMS and MMS), email, online or via applications. You could be contacted directly by our third-party service providers for these purposes.
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You can opt out from receiving interest-based advertisements and certain types of profiling, including from us and our service providers. If you wish to opt out, please see advertising preferences information of your browser or contact us. Opting out does not mean you will no longer receive advertising. It means that the company or companies from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns. However, you will not be able to opt-out of receiving certain service-related or transactional communications relating to the Website.
ADDITIONAL NOTICE FOR CALIFORNIA USERS
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This section supplements the information contained in this Privacy Policy. This section applies to visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms not defined in this notice have the same meaning in the CCPA.
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To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request by emailing us at b@motiontextures.com. Only you or a person registered with the California Secretary of State that you authorize 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.
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If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us, information regarding the disclosure of your Personal Information to third parties for direct marketing purposes in the preceding calendar year, free of charge, once a year.
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California Do Not Track Disclosure: We do not track the personally identifying information of our users and visitors over time and across third-party websites to provide targeted advertising. Therefore, we do not respond to Do Not Track (DNT) signals. However, some other third-party websites do keep track of your browsing activities so that they can tailor the information or advertising they present to You. If you wish to opt out of this tracking, you can enable privacy settings in your browser.
NOTICE TO NON-US USERS
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The Website is published from the United States of America. We attempt to protect the Personal Information of all users of the Website, and to comply with local laws to the extent they may apply to the Website. However, the Website is located and targeted to US residents and our policies are directed at compliance with those laws.
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If you are visiting the Website from the European Union or other regions with laws governing Personal Information collection and use, please note that your personally identifiable information may be transferred to the United States, and to other jurisdictions, which may not have the same data protection laws as the European Union and may not afford many of the rights conferred upon data subjects in the European Union. You acknowledge that you understand: (i) your personally identifiable information may be used for the uses identified above in accordance with this Privacy Policy; and (ii) your personally identifiable information may be transferred to the United States, or other jurisdictions as indicated above.
COOKIE POLICY
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A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.
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Cookies We Use. We use the following cookies on the Website:
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Session Cookies. These are temporary cookies that contain no expiration date and are deleted after the user’s browser is closed. Examples are cookies in shopping carts, cookies that remember previous actions, cookies that manage and pass security tokens, multimedia content player session cookies, load balancing session cookies and third-party social content plug-in sharing cookies.
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Persistent Cookies. These cookies are saved in your browser until they are deleted by you or your browser, or after they reach their expiration dates. They are used for authentication, language selection, theme selection, favorites, internal site bookmarks, menu preferences, addresses, and payment information.
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Functionality Cookies. Functionality cookies allow us to remember choices that have been made by you in order to create a tailored user experience. These cookies safely store authentication and identification information, for example your language selection or region.
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Performance Cookies. Performance cookies allow us to collect information, such as the most used pages or error messages, in order to understand how you use Our website and enable us to create a better user experience. All information collected by performance cookies is anonymous.
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Affiliate Tracking Cookies. When you come to us via an affiliate link, a cookie is stored on your browser and this cookie is used to track the affiliate referral. We require this cookie in order to pay commission to the referrer.
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Purpose of Using Cookies. We use cookies for the following purposes:
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Authentication - to identify you when you visit and navigate the Website;
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Status - to help us determine if you are logged into the Website;
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Personalization - to store information about your preferences and personalize the Website for you;
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Security - to protect user accounts, including preventing fraudulent use of login credentials, and to protect the Website and services generally;
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Advertising - to help us to display advertisements that are relevant to you;
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Analysis - to help us to analyze the use and performance of the Website; and
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Consent - to store your preferences in relation to the use of cookies more generally.
COOKIES USED BY OUR SERVICE PROVIDERS
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The third-party cookies used on the Website are mainly for understanding how the Website performs, how you interact with the Website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with the Website.
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Google Analytics. Google Analytics uses cookies to gather and analyze information about use of the Website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.
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[Google AdSense. We publish Google AdSense interest-based advertisements on the Website. These are tailored by Google to reflect your interests. To determine your interests, Google uses cookies to track your behavior on the Website and on other sites across the web. or We do not publish interest-based advertisements on the Website.]
MANAGING COOKIES
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Your browser provides methods to block and delete cookies. You can change the settings of your browser to block/delete the cookies.
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You can also disable cookie tracking and learn more about the privacy policies of the third parties that we use by visiting the following links:
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Third Party |
Opt Out Page |
Privacy Policy |
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Google Analytics |
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Google AdSense |
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If you block cookies, you will not be able to use all the features on the Website.
SECURITY
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We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Website, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Information has been compromised, please contact us at b@motiontextures.com.
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If we learn of a security systems breach, then we will notify you by posting a notice on the Website and/or sending you an email.
LINKS TO OR FROM THIRD PARTIES
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The Website may contain links to other sites operated by our affiliates or third parties. The practices described in this Privacy Policy do not apply to information gathered through those third parties and other sites. We are not responsible for the actions and privacy policies of third parties and other sites.
PUBLIC AREAS
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Please remember that any information you share in public areas, such as message boards or review sections, becomes public and anyone may take and use that information. Please be careful about what you disclose and do not post any Personal Information that you expect to keep private. Please consult the applicable guidelines, if any, for use of our chat rooms and other community areas for more information.
NO PERSONAL INFORMATION FROM CHILDREN
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We do not knowingly collect Personal Information from children. You should not provide the Personal Information of any child to us. If we discover that a Personal Information of a child was provided to us, we will immediately delete that child’s information.
CHANGES AND UPDATES
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Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify the Privacy Policy, we will make it available through the Website, and indicate the Effective Date of the latest revision. Any material changes will be posted on this Website and will come into effect upon posting. If you do not refuse the changes in writing before they become effective, you confirm that you have consented to the Privacy Policy as changed. Your continued use of the Website after the revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of the Privacy Policy.
ASSIGNMENT
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We may change our ownership or corporate organization while providing the Website and services. We may also sell certain assets associated with the Website. As a result, please be aware that in such event, we may transfer some or all of your information to a company acquiring all or part of our assets or to another company with which We have merged. Under such circumstances, we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, we cannot promise that an acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.
INQUIRIES AND COMPLAINTS
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If you have any privacy complaints, please contact us. We try to reply to all legitimate requests within one month from receiving them. In some particular cases (for example, if the matter is particularly complex or if you send us multiple requests), it may take us longer than a month. In such cases, we will notify you accordingly and keep you updated.
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If you are not satisfied with the outcome of a complaint, or if you are concerned about a potential violation, you also have the option to report the issue or make a complaint to the data protection authority in your jurisdiction.
CONTACT US
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If you have any questions or feedback, please contact us at: Motion Texture, 393 Belmont Ave #80085 Springfield, MA 01108, b@motiontextures.com.