Terms of Service

Reminder About Our Updated Terms of Service

As we previously emailed, Society6’s updated Terms of Service went into effect on March 18, 2025. You can review the full terms below. If you have questions, please reach out through our contact form. You may cancel your account anytime from your Account Settings page.

Effective as of: March 18, 2025

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. BELOW, WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

EXPORT CONTROLS NOTICE: BY PARTICIPATING IN THIS SERVICE, YOU REPRESENT THAT YOU ARE NOT IN A SANCTIONED COUNTRY OR A “SANCTIONED PERSON,” AS DEFINED BELOW, UNDER UNITED STATES LAW.

I. INTRODUCTION

Society6’s Services. Society6, LLC (“Society6” or “we” or “us” or “our”) provides a range of services and websites that bring our in-house designers and community of curated artists together with customers, allowing our approved artists and their agents (“Artists”) to display, promote, sell, and earn money from their approved artwork and content (“Works”), and customers to browse, comment on, and purchase products incorporating these Works (“Products”) from Artists (collectively, the “Services”).

You are entering into a binding agreement. By accessing and using our Services, you are entering into a binding agreement with Society6 that includes: (a) these terms and conditions (“Terms”); (b) our Privacy Policy, which governs our collection and use of personal information; (c) our Copyright and Trademark Policy; (d) any other terms, conditions, or policies linked to in these documents; which are thereby incorporated by reference and (e) all other rules, policies, and procedures relating to the Services that we may publish from time to time. Therefore, please carefully review these documents. If you do not agree with the terms of these documents, you may not use our Services. If there is a conflict between these Terms and any other the terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

We may list and sell your Works through our Sales Channels. In addition to our own Services, we may work with other websites, platforms, or other online or offline sales channels, including our international websites, third-party affiliates (such as Deny Designs, our wholesale division), wholesale partners, and third-party retailers (collectively, including the Services, “Sales Channels”). By agreeing to these Terms you authorize the use of your Works, including the manufacturing, marketing, promotion, and sale of Products incorporating your Works, on and through our Sales Channels at the Price set out in the Pricing & Earnings section of our Help Center, as adjusted by promotions offered to optimize the performance of the marketplace through the Services. If a Product incorporating your Work is sold through a Sales Channel other than the Services (a “Third-Party Sales Channel”) the purchaser will be bound by any terms and conditions applicable to that Third-Party Sales Channel. However, as between you, Society6 and the Third-Party Sales Channel, your only contract is with Society6 (not the Third-Party Sales Channel), these Terms shall govern, and the licenses, rights and privileges you grant to us hereunder shall extend equally to the Third-Party Sales Channel.

You have authority to bind your company. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We may modify these Terms. We reserve the right, at our sole discretion, to modify these Terms (including any terms incorporated by reference), at any time and without prior notice. When we do, we may post a notice on our website or send you an email regarding the changes. We encourage you to periodically review these Terms to stay informed. The “Last Updated Date” at the top of the page indicates when revisions were made. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to cease using the Services.

We may modify the Services. We reserve the right to monitor, modify, or discontinue the Services, and to block, modify, publicly comment on, or delete any Works, content, or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain, or correct any Works, artwork, content, or information on the Services.

Our Services are for 18+ only. The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

These headings are for convenience only. The bold headings in these Terms are for convenience only. The language that follows them is what’s binding and controlling.

II. ACCOUNTS

You may use the Services in accordance with these Terms. As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose.

Accounts. In order to access many of our Services — such as featuring your Works or purchasing Products (excluding those using guest checkout) — you may need to create an account (“Account”). Users who wish to be Artists: you may be required to undergo an additional approval process before we activate your Account and unlock your ability to submit Works for our approval. You may not select a username that is vulgar, offensive, obscene, or attempts to impersonate another person. You may never use another person’s Account.

You will provide accurate information. You agree to provide accurate, current, and complete information during any account opening, approval and checkout process, and to update such information to keep it accurate. Society6 reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. We may from time to time ask you for additional identification information as may be required for regulatory or other reasons.

You will secure your password. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account. We may require you to change your password from time to time, including if we have reason to believe your password is no longer secure.

We may disclose information about your Account. Society6 reserves the right to access, retain, and disclose your Account information, artwork, and content if required to do so by law or we have a good faith belief that such access, retention, or disclosure is reasonably necessary to: (a) enforce these Terms; (b) respond to your requests for customer service; (c) respond to a legal notice, including by disclosing your Account information in response to a notice of infringement; (d) comply with legal process; or (e) protect the rights, property, or personal safety of our company, our users, or the public.

We may terminate your Account and access to our Services. If you breach any of these Terms, Society6 may suspend or disable your Account or terminate our agreement with you, at our sole discretion and without prior notice to you. We further reserve the right to revoke your access to and use of the Services at any time, with or without cause; provided, however, that terminating your Account without cause will not relieve any existing payment obligations we have to you. You may cancel your Account at any time from your Account Settings page. If your Account or access to the Services is terminated, any rights and licenses granted to you hereunder shall immediately terminate; only the provisions of these Terms that by their nature and context are intended to survive will survive. Within 90 days, we may remove access to your Account and any artwork therein, but in any event, we reserve the right to keep copies of your Account information, artwork, and content for internal purposes, and we may continue using your Works for other purposes, as described below.

III. USER CONTENT & ACCEPTABLE USE

We may use Content you post. Society6 may, in its sole discretion, designate areas of the Services in which users can post, upload, publish, or submit text, graphics, audio, video, images of works of art, or other content on or to the Services (individually or collectively, “User Content”). “User Content” excludes any Works or copies of Works submitted by Artists. By making available any User Content on or through the Services, you grant (i) to Society6: a worldwide, nonexclusive, transferable, royalty-free, commission-free license to copy, crop, reproduce, resize, publicly display, publicly perform, distribute, promote, broadcast, transmit, prepare derivative works based upon, and otherwise use and exploit such User Content on or through the Services in any form, medium, or technology now known or later developed, for the purpose of promoting Society6 and the Services, and (ii) to users: the right and license to access and view your User Content on or through the Services only in connection with such user’s authorized use of the Services. You reserve all other rights and licenses in and to any User Content that you make available on or through the Services.

Only Upload Content That You Own or Have The Rights To. You acknowledge and agree that you are solely responsible for any User Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available on or through the Services or that you have all rights, licenses, consents, and releases that are necessary to make available such User Content and to grant all rights and licenses in such User Content as granted under these Terms; and (ii) neither the User Content nor your making available any User Content on the Services nor any use of any User Content as permitted under these Terms will infringe, misappropriate, or violate any third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You have a limited right to use Society6 Content. Society6 may also make available through the Services text, graphics, audio, video, and images of works of art (collectively, “Society6 Content”), some of which is owned by Society6 (“Society6-owned Content”), and some of which is made available under license by a third party (“Society6-licensed Content”). Society6 authorizes you to download, view, and print Society6-owned Content solely for your personal use in connection with your authorized use of the Services and, if you are a user, in connection with exercising the rights granted to users under these Terms. For Society6-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to expand, modify, restrict, or limit the scope of your rights as to such Society6-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Society6 or its licensors, except for the licenses and rights expressly granted in these Terms.

You will follow these content and use restrictions. Society6 is founded on respect for others, and we take this extremely seriously. You agree that you will not, either directly or indirectly:

  1. Transfer your Account or Account information to another party without our prior written consent;
  2. Create deceptive Accounts;
  3. Post artwork, titles, tags, descriptions, or other content that is pornographic, obscene, offensive, profane, or depicts, promotes, or incites illegal activity, hate, abuse, discrimination, denigration, objectification, or violence, or otherwise violates our community standards, as determined by us in our sole discretion. Please see our Community Guidelines;
  4. Use, reproduce, copy, modify, adapt, prepare derivative works based upon, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Services, Society6 Content or other artwork or content made available through the Services other than your own artwork or content, without the owner’s express written permission; or (b) any Society6 copyrights or trademarks;
  5. Frame, mirror, or otherwise simulate the appearance or function of the Services, Society6 Content, or any user’s Works or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Society6 Content or Works transmitted through the Services;
  6. Decompile, disassemble, or otherwise reverse engineer the Services, Society6 Content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;
  7. Interfere with any Society6 Content or another user’s Works;
  8. Remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Society6 Content, or any Works other than your own;
  9. Upload, post, email, transmit, or otherwise make available any Work that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  10. Post artwork, content, titles, tags, or descriptions that infringe on a third party’s copyright, trademark, right of publicity, or other intellectual property rights. Please see our Artist’s Terms and Conditions below and Copyright and Trademark Policy for further details.
  11. Post artwork or content with inaccurate, deceptive, inappropriate, or offensive titles, tags, or descriptions;
  12. Stalk, harass, or harm another person via use of the Services, including, without limitation, Society6 personnel;
  13. Impersonate any person or entity, including, but not limited to, our employees, representatives, or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  14. Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;
  15. Upload, post, email, transmit, or otherwise make available through the Services any unsolicited or unauthorized advertising, marketing, or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  16. Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;
  17. Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  18. Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them;
  19. Bypass any measures we may use to prevent or restrict access to the Services; or
  20. Circumvent or manipulate our payment process or Artist Earnings.

Society6 has and enforces a “repeat infringer” policy. Society6 respects copyright law and expects its users to do the same. It is Society6’s policy to terminate, in appropriate circumstances, users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Society6’s Copyright and Trademark Policy for further information.

Society6 may enforce any violations. Society6 will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Society6 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Society6 has no obligation to monitor your access to or use of the Services or to remove any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Society6 reserves the right, at any time and without prior notice, to remove or disable access to any User Content, listings for Works, Society6 Content, or any other text, graphics, images, software, music, audio, video, information, or other content or material that Society6, at its sole discretion, considers to be objectionable, in violation of these Terms, or otherwise harmful to the Services.

IV. ARTIST TERMS AND CONDITIONS

Artist Applications. In order to become an Artist, you must first submit an application which will be reviewed and considered by our curation team. Successful applicants will be contacted with an offer to create a Society6 Account. It is free to submit an application.

Artists may submit for approval only Works they own or control. Artists may submit Works in which they hold all necessary rights (as discussed below) that they desire to display on Products sold through the Services. Unless otherwise agreed, as between the Artist and Society6, the Artist owns all and retains all rights in their Works.

Works must adhere to our Terms. In order for Society6 to list your approved Works, Artists must provide us with all the information we request. Artists must also comply with all other requirements and guidelines presented to them, including those contained in our Community Guidelines and Copyright and Trademark Policy which are incorporated by reference into these Terms. We reserve the right not to permit any Work that violates our Terms and policies, or for any reason at all. In addition to all other remedies available to us, we will not pay you any Artist Earnings (defined below) if you are found to be in violation of these Terms.

A note about “mature” Works. We like to think we have an artistic sensibility and view the human form as an entirely acceptable source of creative inspiration. However, all images containing nudity should be marked as mature when uploaded. Please use your best judgment.

Works are subject to our approval. Artists retain absolute freedom over the Works they create and choose to submit through our Services. However, we reserve the right to review and approve (or reject) any Works before they are published, including to assess their alignment with applicable law, these Terms, and consumer demand. Approval times, and the time for an approved Work to appear on the Services, may vary. The placement of Products in search and browse results is at Society6’s sole discretion and may be based on factors that include, without limitation, title, keywords and price.

Artists and Society6 may remove your Products. Artists may use their Account to remove their Products from our Services. Society6 reserves the right to remove any listings, tags, titles, or descriptions for any or no reason. Society6 has no obligation to return to Artists or to host, store, retain, delete or display any designs, Works or Products that Artists upload.

Artists are responsible for their Works. As an Artist, you acknowledge and agree that you are solely responsible for all Works that you make available through the Services. With respect to these Works, you represent and warrant that:

  1. you own all intellectual property rights in the Works and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any Works, necessary for you to display, promote, sell, and earn money from the Works and Products incorporating the Works through the Services, and to convey all rights granted under these Terms;
  2. the use of the Works as contemplated by these Terms, including to display, manufacture, promote, and sell Products incorporating the Works through the Services, does not and will not infringe the intellectual property or other rights of any person or entity including, without limitation, any copyright, moral rights, trademark, patent, right of publicity, or right of privacy, or cause Society6 to incur any additional fees;
  3. the Works do not contain material that is false, inaccurate, misleading, incomplete, defamatory, libelous, obscene, pornographic, indecent, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable; and
  4. the Works do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

You grant us a license to use your Works. You hereby grant Society6 a worldwide, transferable, nonexclusive, royalty-free right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of your Works for the purpose of promoting and selling Products on and through our Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of your Works in any form, medium, or technology now known or later developed for the purpose of promoting Society6 and the Services, including the incorporation of such works in any natural language or equivalent model used to support our user or artist experience. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Earnings (defined below), which is payable only upon the sale of a Product through a Sales Channel.

We may continue using your Works after a listing is removed. If a listing for a Work is removed from the Services, the license you grant us for that Work will end ninety (90) days from the removal date (the “Post-Removal Date”), except that we may continue using (a) the Work as needed to sell any inventory or fulfill any orders placed on or before the Post-Removal Date, and (b) any materials (such as promotional content) incorporating the Work that were created on or before the Post-Removal Date, in perpetuity.

Artists are entitled to an “Artist Earnings” on sold Products. For every Product incorporating an Artist’s Works that is sold through our Sales Channels, the Artist is entitled to be paid according to the formula and payment terms set forth in the Pricing & Earnings section of our Help Center (“Artist Earnings”). Unless otherwise stated or agreed upon in writing, all amounts will be paid in U.S. Dollars. Artists are responsible for paying all applicable taxes associated with their receipt of any Artist Earnings, as well as applicable fees, as specified below.

The retail price of each Product incorporating the Artist’s Works paid by the Artist’s customer is determined based on the base price of the Product charged by Society6 for the manufacturing of the Product plus a mark-up percentage set by the Society6. However, Society6 may from time-to-time run discount promotions on the platform that may result in the final price paid by the Artist’s customer being less than base Product price plus the mark-up percentage. Examples of how an Artist’s net earnings on an individual sale are calculated are shown in the Pricing & Earnings section of our Help Center.

The Artist will receive a net payment equal to the Artist’s earnings from the Artist’s sales through Society6’s Sales Channels (generally, the mark-up percentage multiplied by gross product sales less any applicable Society6 promotions or discounts applied to the Artist’s customer’s orders), less any additional fees or taxes charged or collected by Society6 as detailed in our Terms.

Artists are responsible for paying any applicable fees and costs. See the Pricing & Earnings section of our Help Center of our Help Center for more details.

IN THE EVENT THAT YOUR ACCOUNT IS SUSPENDED OR TERMINATED DUE TO YOUR VIOLATION OF THESE TERMS OR OUR POLICIES AS DETERMINED BY US IN OUR REASONABLE DISCRETION, YOU WILL NOT BE ELIGIBLE TO RECEIVE ANY UNPAID ARTIST EARNINGS. IN ADDITION, WE WILL HAVE THE RIGHT TO REQUIRE REIMBURSEMENT OF ANY ARTIST EARNINGS PAID TO YOU WHILE YOU WERE IN BREACH OF THESE TERMS OR OUR POLICIES.

If you believe that any Artist Earnings has been erroneously withheld from you or that your Account has been erroneously or unfairly suspended or terminated, please contact us so we may further investigate. If you are still unsatisfied or feel that you have not been treated fairly, please see the section below for Resolution of Disputes.

Taxes. You acknowledge that Society6 may withhold any sales, use, value added (“VAT”), goods and services (“GST”), income or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”) required to be withheld from the payments made to you. Artists must fill out appropriate Tax forms prior to any amounts being paid, as follows:

For an Artist living within the United States, a W9 Tax Form must be completed and signed and delivered to S6 as directed; and,

For an Artist living outside the United States, an appropriate W8BEN Tax Form must be completed and signed and delivered to S6 in accordance with the instructions and delivered to S6 as directed.

In addition, certain parties may be required to complete other tax forms prior to payment as directed by S6. Any obligation to pay an Artist absent the appropriate tax forms will be subject to the withholding of income tax as calculated by S6 in its discretion.

V. CUSTOMER TERMS AND CONDITIONS

You may order Products in accordance with our Terms. You may use the Services to order Products only in accordance with our Terms. All Products are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order. Your placement of an order as a customer does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all the information required by us to complete your order. We reserve the right to correct any errors with an order, or to cancel an order and refund any amount charged. IF YOU RECEIVE AN ORDER THAT YOU BELIEVE CONTAINS A MISTAKE, WE ENCOURAGE YOU TO CONTACT US RIGHT AWAY SO THAT WE MAY CORRECT THE ERROR.

Generally, use of the Services is limited to orders for your personal use. If you are interested in buying large quantities of products, please contact our team.

Shipping and taxes are shown at checkout. Applicable sales taxes and shipping charges will be shown during the checkout process prior to finalizing your order. If applicable, VAT is included in the purchase price. Shipping charges include the estimated rate we are charged by third parties for sending your order, plus a reasonable amount for packaging and handling. Title to products passes to you upon shipment. We endeavor to deliver all orders on schedule. However, we do not guarantee delivery dates, including because our shipping providers or suppliers may experience shipping delays or problems.

Purchases are subject to our Return Policy. Products purchased through the Services are subject to the terms and conditions of Society6’s then-current 30-day Return Policy. Products purchased through Third-Party Sales Channels are subject to the terms and conditions applicable to that Third-Party Sales Channel and any returns must be handled through such Third-Party Sales Channel. We comply with the applicable laws and regulations with respect to returns, exchanges and refunds in your jurisdiction.

Descriptions may not be 100% accurate all the time. While we strive to be as accurate as possible, we do not warrant that all Product descriptions, images, photographs, pricing or other information on the Services are 100% accurate, complete, current, or error-free. Weights and size dimensions are approximate. If a Product is not as described, your sole remedy is to return it in an unused condition in accordance with our Return Policy.

You have the right to use your method of payment. If you wish to make a purchase via the Services, you may be asked to supply certain information relevant to your purchase including, without limitation, a credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

VI. MOBILE SERVICES

Mobile Services” means certain software and services that are available via a mobile device, including the ability to: (i) upload data to the Services via a mobile device; and (ii) use the Services from a mobile device.

Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

SMS Terms and Conditions. If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include messages related to abandoned carts. Message frequency may vary. This service is optional and is not a condition for purchase.

You can opt out of receiving Text Messages at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email s6-sms@society6.com. If your carrier does not permit SMS messages, you may not receive the Text Messages.

In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence based on your wireless plan. Please consult your carrier’s pricing plan to determine the charges for sending and receiving Text Messages. Under no circumstances will we be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

Neither we nor the wireless carriers will be liable for any delays in the receipt of, or
failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. For more information on how we may use this information, please read our Privacy Policy.

VII. RESOLUTION OF DISPUTES

A. Governing Law and Venue

California law governs and the venue is L.A.. These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree to adjudicate any claim or dispute between us arising from or related to the Terms or the Services exclusively by a state or federal court or arbitral tribunal located in Los Angeles County, California, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.

B. Informal Resolution Process

You agree to try to resolve Disputes without litigation. Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to these Terms or the Services (each, a “Dispute” and, collectively, “Disputes”) by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice by email to the other party specifying the nature and details of the Dispute. You should email your notices to legal@society6.com. We will email our notices to the email address you provided to us. The party receiving a notice shall have (30) days to respond. Within sixty (60) days after the aggrieved party sent the initial notice, if the parties were unable to resolve their Dispute by email, the parties shall meet and confer in good faith by videoconference or by telephone to try to resolve the Dispute. If the parties still are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other remedy, so please do not forget to contact us first.

C. Agreement to Arbitrate

Disputes will be resolved through binding arbitration. Except as provided below, you and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration on an individual basis. Class actions and class arbitrations are not allowed. You may bring a claim only on behalf of yourself and cannot seek relief that would affect other users of our services. If there is a final judicial ruling that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with these Terms, then only that particular claim or request for relief may be brought in court. All other claims (or requests for relief) remain subject to this provision. Questions of arbitrability—that is, whether a particular claim is subject to arbitration—shall be resolved by an arbitrator in arbitration.

AAA or ICDR rules apply. If you are in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If you are outside of the United States, the arbitration will be conducted by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures. The arbitration will be decided by a sole arbitrator. The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. If traveling to Los Angeles is a burden, you may participate in the arbitration by videoconference, phone and/or document submission to the fullest extent allowable by the arbitrator. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.

Small claims court is an acceptable alternative. Instead of commencing an arbitration, you or we may also bring claims in your local “small claims” court if the rules applicable to that court allow it. Otherwise, the claims must be resolved by binding, individual arbitration.

The FAA governs. You and we acknowledge that this Agreement to Arbitrate affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement to Arbitrate (despite any other choice of law provision).

Injunctive relief may be sought in court to stop infringement. To the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights, or is seeking to vindicate public rights, both parties acknowledge that arbitration is not an adequate remedy. Under such circumstances, the aggrieved party may, without first engaging in arbitration or the informal dispute resolution process described above, bring a lawsuit solely for injunctive relief to stop the violation.

You have the right to opt out. You have a right to opt out of this agreement to arbitrate by mailing us, postage prepaid, to Society6, LLC, 3890 S Windermere St, Englewood, CO 80110, USA, Attention: Legal Department. Such opt out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or, if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.

You waive the right to bring a class action. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

You waive the right to a trial by judge or jury. YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Actions. You and we agree that, regardless of any statute or law to the contrary, any Claim must be filed within one (1) year after such Claim arose, or will be forever barred.

VIII. ADDITIONAL TERMS & CONDITIONS

Sweepstakes and Contests. Society6 may operate sweepstakes, contests and similar promotions through the Services (collectively, “Promotions”). You should carefully review the rules provided in connection with each Promotion in which you participate through the Services (“Official Rules”), as they may contain additional important information about Society6’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Society6’s Intellectual Property. The Services, including the Society6 Content, are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Society6 and its licensors exclusively own all right, title and interest in and to the Services and Society6 Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Society6 Content.

We are not responsible for linked sites. The Services may contain links to third-party websites or resources. You acknowledge and agree that Society6 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Society6 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Further, we are not responsible for the privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites.

We provide no warranty. THE SERVICES, SOCIETY 6 CONTENT AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SOCIETY 6 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOCIETY 6 MAKES NO WARRANTY THAT THE SITE, SERVICES, SOCIETY 6 CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SOCIETY 6 MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SOCIETY 6 OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SOCIETY 6 DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF USERS OF THE SERVICES, NOR DOES SOCIETY 6 MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY USERS OF THE SERVICES. SOCIETY 6 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

You agree to indemnify us. You agree to defend, indemnify, and hold Society6, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your Works, User Content or use of the Services, including without limitation, your sale of any Products; (b) your (or anyone using your Account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.

Our liability is limited. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Society6 Content and User Content remains with you. Neither Society6 nor any other party involved in creating, producing, or delivering the Services, Society6 Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Society6 Content or User Content, or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Society6 has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Society6’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Society6 Content or User Content exceed: (i) if you are an Artist, the total payments made or credited to you by Society6 for the sale of Products incorporating your Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a user who has purchased Products, the total payments that you made to Society6 for such Products that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Society6 and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Notice for California Users. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to New Jersey Users. The sections on indemnification and limitation of liability do not apply to New Jersey residents.

Users from Other Jurisdictions. The Services are controlled and operated by Society6 from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

Export Controls and Sanctions. You acknowledge and understand that the Services and the items made available through the Services, including the Products, are subject to U.S. export control and sanctions laws and regulations, including, without limitation, the Export Administration Regulations and the regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) (collectively, the “Export Controls and Sanctions Laws”). You represent that you are not a Sanctioned Person (defined below) and agree not to take any action that will cause Society6 or any other person to be in violation of any Export Controls and Sanctions Laws. For purposes of these Terms, “Sanctioned Person” means any government, country, corporation, or other entity, group, or individual with whom or which Export Controls and Sanctions Laws prohibit or restrict a U.S. person from engaging in transactions, and includes, without limitation, any individual, corporation, or other entity that appears on OFAC’s Specially Designated Nationals and Blocked Persons List or other lists maintained by OFAC or the U.S. Department of Commerce, as each such list may be amended from time to time. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Society6 and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Society6 and you regarding the Services.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Society6’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Society6 may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Society6 via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted unless the sending party is notified that the email address is invalid. Alternatively, if applicable, we may give you legal notice by mail to the address provided during the PayPal verification process. In that case, notice will be deemed given three (3) days after the date of mailing.

No Waiver. The failure of Society6 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Society6. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Force Majeure. We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond our reasonable control. In the event that we are temporarily unable to ship to you a purchased item because of such an event, we will give you the option of deferring shipment or receiving a refund of your charges.

Contacting Society6. If you have questions about these Terms, please submit a request through our contact form.

<div class="page__container container"><div class="page__header"><h1 class="page__title">Privacy Notice</h1></div><div class="page__rte rte"><p class="western"><strong>This Privacy Notice has been updated in order to comply with the new Colorado and Connecticut privacy laws that took effect on July 1, 2023 and the new Utah privacy law that will take effect on December 31, 2023.</strong></p>
<div>
<p><span><strong>These 3 states, as well as California and Virginia, which privacy laws took effect earlier, require additional information regarding our privacy practices and your privacy rights.</strong></span></p>
<p><span><strong>Depending on whether you are a resident of those states, we provide you additional notices about our privacy practices and your privacy rights as a consumer under sections 11, 12 and 13 below.</strong></span></p>
</div>
<p><strong>Last Updated: </strong>November 1, 2024</p>
<p>This Privacy Notice (“<strong>Privacy Notice</strong>” or “<strong>Notice</strong>”) describes how we collect, use, share, manage or disclose or generally process your personal information as a visitor or customer when you visit or use our websites, mobile apps, applications, digital services, or any related products, services, sites, features or functionalities (each a “<strong>Service</strong>”, collectively the “<strong>Services</strong>”) that link to this Privacy Notice, and how Leaf Group collects, uses, shares, processes and manages your personal information.</p>
<p>We collect and use your personal information and in accordance with applicable data protection and privacy laws (“<strong>Data Protection Laws</strong>”), to keep it secure and recognize and respect your privacy rights. We have included below specific provisions relevant to users in different regions.</p>
<ul>
<li>
<p>European Privacy Rights (<a title="European Rights" href="https://online-store-web.shopifyapps.com/pages/privacy#european-rights">Section 10</a>)</p>
</li>
<li>
<p>Nevada Privacy Rights (<a title="Nevada Rights" href="https://online-store-web.shopifyapps.com/pages/privacy#nevada-rights">Section 11</a>)</p>
</li>
<li>
<p>California Privacy Rights (<a title="California Rights" href="https://online-store-web.shopifyapps.com/pages/privacy#california-rights">Section 12</a>)</p>
</li>
<li>
<p>Colorado, Connecticut, Utah, and Virginia Privacy Rights (<a title="Other State Rights" href="https://online-store-web.shopifyapps.com/pages/privacy#other-state-rights">Section 13</a>)</p>
</li>
</ul>
<p>We use the terms “personal data” and “personal information” interchangeably in this Privacy Notice, and they mean any information about a living individual from which that individual can be identified. By “processing”, we refer to any operation or set of operations performed upon personal data, which means anything that is done to, or with, personal data, including simply collecting, using, storing or deleting those data, but also organizing, structuring, altering, combining with other data, transmitting or disseminating.</p>
<p>It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal information about you so that you are fully aware of how and why we are using your personal information. This Privacy Notice supplements any other notices and privacy policies and is not intended to override them. By using the Services, you acknowledge that you have read this Privacy Notice and you understand how we collect, share or generally process your personal data and what your privacy rights are, as described in this Notice.</p>
<p>Where our Services may include third-party content and links to other third-party websites, we are not responsible for the privacy practices or the content of these third-party websites. You are encouraged to review the privacy policies of the different websites that you visit.</p>
<p><strong>1. Our Details and How To Contact Us</strong></p>
<p>Leaf Group Ltd., or one of its wholly-owned subsidiaries/affiliates, including Society6, LLC, Saatchi Online, Inc., Deny Designs LLC, Other Art Fairs, LLC, Other Art Fairs Ltd. and Other Art Fairs Australia Pty. Ltd., is the controller of your personal data as it relates to this Privacy Notice — including for the purposes of UK and EU data protection legislation. When we use the terms<span> </span><strong>“</strong><strong>Leaf Group</strong>”, “<strong>we</strong>”, “<strong>us</strong>”, or “<strong>our</strong>” in this Privacy Notice, we are referring to the relevant company that is responsible for processing your personal data in the applicable context. This Privacy Notice does not apply to personal data that Leaf Group processes solely on behalf of another organization.</p>
<p>If you have any questions about this Privacy Notice or our processing activities, you can contact us via the details below.</p>
<p><strong>If you wish to exercise any of your privacy rights, please use the appropriate web form linked in Sections 10, 11, 12 or 13, as applicable.<br><br></strong></p>
<table width="812" cellpadding="10" cellspacing="0">
<colgroup> <col width="154"> <col width="205"> <col width="392"> </colgroup>
<tbody>
<tr>
<td width="154">
<p lang="en-GB"><span><span size="2" style="font-size: small;"><b>Controller name</b></span></span></p>
</td>
<td width="205">
<p lang="en-GB"><span><span size="2" style="font-size: small;"><b>Email address</b></span></span></p>
</td>
<td width="392">
<p lang="en-GB"><span><span size="2" style="font-size: small;"><b>Mailing address</b></span></span></p>
</td>
</tr>
<tr valign="top">
<td width="154" height="133">
<p lang="en-GB"><span><span size="2" style="font-size: small;">Society6, LLC</span></span></p>
</td>
<td width="205">
<p style="font-weight: 400;"><em>All Society6.com users</em>:</p>
<p style="font-weight: 400;"><u><a href="mailto:privacy@society6.com">privacy@society6.com</a></u></p>
<p style="font-weight: 400;"> </p>
<p style="font-weight: 400;"><em>EU-based users</em> may also contact us at:</p>
<p style="font-weight: 400;"><a href="mailto:Society6.EUrep@datarologie.com">Society6.EUrep@datarologie.com</a></p>
<p style="font-weight: 400;"><em> </em></p>
<p style="font-weight: 400;"><em> </em></p>
<p style="font-weight: 400;"><em>UK-based users</em><span> </span>may also contact us at:</p>
<p style="font-weight: 400;"><a href="mailto:privacy@theotherartfair.com">privacy@theotherartfair.com</a></p>
<p style="font-weight: 400;">and include in the subject of your email: “Society6”.</p>
<p lang="en-GB"> </p>
</td>
<td rowspan="2" width="392">
<p style="font-weight: 400;"><em>All users:</em></p>
<p style="font-weight: 400;"><span>Attn: Legal Department – Society6, LLC<br>3890 S Windermere St<br></span><span>Englewood, CO 80110 – UNITED STATES</span></p>
<p style="font-weight: 400;"><em>EU-based users</em> may also contact us at:</p>
<p style="font-weight: 400;">EU Representative<br>2nd Floor, Avenue Marnix 23<br>Brussels, 1000 – BELGIUM</p>
<p style="font-weight: 400;"><em>UK-based users</em> may also contact us at:</p>
<p style="font-weight: 400;">The Other Art Fair<br>4th Floor, 15 D’Arblay Street<br>London, W1F 8DZ – UNITED KINGDOM</p>
<p style="font-weight: 400;">(Other Art Fairs Ltd d/b/a “The Other Art Fair” is the UK subsidiary of Leaf Group Ltd) </p>
</td>
</tr>
</tbody>
</table>
<p> </p>
<p><strong>2. Personal Information that We Collect from You</strong></p>
<p><strong>Account Data You Directly and Voluntarily Provide to Us.</strong><span> </span>We collect and process some or all of the following personal information you make available to us if you register, download or use the Services, enroll in our mailing lists or text message campaigns, apply for a job, interact with customer support, make a purchase, or otherwise communicate with us through the Services:</p>
<ul>
<li>
<p><strong>Name</strong></p>
</li>
<li>
<p><strong>Email Address</strong></p>
</li>
<li>
<p><strong>Mailing Address</strong></p>
</li>
<li>
<p><strong>Phone Number</strong></p>
</li>
<li>
<p><strong>Date of birth</strong></p>
</li>
<li>
<p><strong>Passport number, driver's license or state identification card number</strong></p>
</li>
<li>
<p><strong>Interests, favorites, and preferences</strong></p>
</li>
<li>
<p><strong>Username</strong></p>
</li>
<li>
<p><strong>Password</strong></p>
</li>
<li>
<p><strong>Other Registration Information</strong></p>
</li>
<li>
<p><strong>Customer Support or Technical Information you provide when you contact us with questions about your use of the Services or ask to be contacted by us directly</strong></p>
</li>
<li>
<p><strong>Details of transactions you carry out through the Services, your purchases, and the fulfillment of orders we provide to you</strong></p>
</li>
<li>
<p><strong>Other information you may provide to us through promotions or surveys</strong></p>
</li>
</ul>
<p> </p>
<p><strong>User Profile Data.<span> </span></strong>In certain circumstances, we may offer you the option to create an account with the Services. By creating an account, you are also creating a user profile that is visible to other users. By default, this user profile will only include your name, but you can choose to include additional information, such as the pages you follow, your likes and interests. You may be able to adjust your account settings through your user account so that certain profile information is no longer visible to other users of the Services. We note that, even if you adjust your settings so that information in your user profile remains private, we will still be able to access and view the information you provide as part of your user profile.</p>
<p><strong>Personal Contacts.</strong><span> </span>In some cases, and with your consent, we collect personal information that you provide about others, including first and last name, email address, and phone number of your personal contacts, such as when you send your contacts benefits, coupons, or discounts. We will use the information you provide to fulfill your requests, including (if applicable) sending them a text message, and we will not send marketing communications to your contacts unless they have a separate relationship with us and have affirmatively consented to receive such communications. Such functionality is implemented in all jurisdictions where legally permissible. By using this functionality, you acknowledge and agree that both you and your contacts are based in jurisdictions where it is legally permissible and that you have your contacts’ consent for us to use their contact information to fulfill your request.</p>
<p><strong>Public Data You Post Through the Services.</strong><span> </span>If you post information on your user profile or other public areas of the Services, such as reviews, comments, and user content, that information may be collected and used by us, other users of the Services, and the public generally. We strongly recommend that you do not post any information through the Services that allows strangers to identify or locate you or any other person, or that you otherwise do not want to share with the public.chas may choose to voluntarily submit other information to us through the Services that we do not request, and, in such instances, you are solely responsible for such information.</p>
<p><strong>3. Information We Automatically Collect from Your Device or Browser</strong></p>
<p>In addition to the information you provide to us, where legally permitted the Services automatically collect and process information from your device or browser. This information includes your:</p>
<ul>
<li>
<p><strong>Device Registration Data</strong>: this may include the type of mobile device you use; your mobile device's advertising ID (a unique user ID assigned to your mobile device or operating environment, and stored directly on the device itself, to help advertising services personalize their offers. It can be sent to advertisers and other third parties which can use this unique ID to track the user's movements, habits, and usages of applications); your IP address, operating system or browser type.</p>
<ul>
<li>
<p>“<strong>View in Your Room” feature on society6.com</strong>: if you use this feature on the society6.com mobile app, which uses augmented reality to let you see the depth of an artwork, dimension and perspective and give you a realistic preview of how the artwork will look on your wall, we will access your mobile device motion sensors and camera, but only with your consent.</p>
</li>
</ul>
</li>
</ul>
<ul>
<li>
<p><strong>Device Settings</strong>: for example, your language preference.</p>
</li>
<li>
<p><strong>Mobile Carrier</strong>.</p>
</li>
<li>
<p><strong>Information about how you use the Services</strong>, for example through our use of tracking technology that informs us how many times you use the Services each day and which pages you have viewed.</p>
</li>
<li>
<p><strong>Requested and Referring URLs</strong>: including, for example, when you are referred to us by an affiliate partner URL or you request to visit an affiliate partner’s URL linked to on our Services.</p>
</li>
<li>
<p><strong>Imprecise location data collected through your Device</strong>: we will collect your IP address. The society6.com website and the Society6 mobile app will also collect the country, state and city inferred from your IP address.</p>
</li>
<li>
<p><strong>Data collected through cookies and other tracking technologies</strong>: including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, imprecise location data, web logs and other communication data, and the resources that you access. Please refer to our<span> </span><span><u><a href="https://society6.com/cookie_notice"><strong>Cookie Notice</strong></a></u></span><span> </span>for more information on data collected through cookies and other tracking technologies.</p>
</li>
</ul>
<p>Information once “de-identified” (or “anonymized”) to the standard required by applicable law is not subject to this Privacy Notice and we may treat it as non-personal information, which means we could use it without restrictions nor obligation to you, except as prohibited by applicable law.</p>
<p><strong>4. Information We Collect from Third Parties about You</strong></p>
<p>In addition to information we collect from you – either directly from you (see Section 2 above) or automatically through our Site (see Section 3 above) – we may also combine it with information we receive about you, which consists of information collected offline or from third-party sources such as data aggregators, email acquisition, email identity and email marketing companies, marketing platforms, customer relationship management data platforms and customer data platforms and offline print catalogs, in order to help us tailor our communications to you, improve our services, better understand your interests, preferences, propensity to buy from your visits and past transactions on any of our websites, visits of other partner websites and certain offline activities such as whether you have recently refinanced a mortgage or made a recent purchase of real estate.</p>
<p>Some of the information received about you may come from consumer data resellers and includes information that combines your personal information with those companies’ own records and records they themselves obtained from other sources.</p>
<p><strong>5. How We Use Your Personal Information</strong></p>
<p>In this section, we set out the business and commercial purposes for which we use personal information that we collect when you use the Services.</p>
<p><strong>5.1. To Provide or Improve Our Services, Provide Support, and Communicate with You.<span> </span></strong>We and our service providers use the personal information you provide, or that is collected through the Services, to operate, facilitate and fulfill transactions, authenticate you as a user of our Services, personalize your user experience on our websites, and improve our Services, other sites, applications, products and services, to contact you from time to time to provide you with important information and notices relating to the Services, and to carry out obligations arising from any agreements between you and us.</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.2 below for the legal bases for processing.</em></p>
<p><strong>5.2. To Carry out Marketing Activities such as Promotions.<span> </span></strong>We and our service providers use the personal information you provide or that is collected through the Services to provide you with updates, offers, and promotions, where you have chosen to receive these. We also use your information for marketing our own and our selected business partners’ products and services to you by email and, where required by Data Protection Laws, we will ask for your consent at the time we collect your personal information to conduct any of these types of marketing. If you wish to unsubscribe from receiving marketing communications from us by email, please follow the instructions contained in each email you receive from us describing how you can unsubscribe from receiving further marketing communications from us. If you are a registered user you may also be able to adjust your email settings by logging in to your account and adjusting your account settings.</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.2 below for the legal bases for processing.</em></p>
<p><strong>5.3. To Organize Sweepstakes and Contests.<span> </span></strong>From time to time, we may host sweepstakes or a contest on our Services. You may be asked to provide personal information or permit its transfer to a third party in connection with such sweepstakes or contest. The parties whose privacy notice applies will be disclosed at the point of collection or transfer and you will have a choice of whether or not you wish to permit such transfer or collection of information to a third party.</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.2 below for the legal bases for processing.</em></p>
<p><strong>5.4. To Process Your Payments and Fulfill Your Orders and Purchases.<span> </span></strong>If you make a purchase through the Services, you may be able to pay using a third-party payment service, such as Stripe, PayPal, Apple Pay, Amazon Pay or other third-party payment services. The personal information collected by these third-party payment services (such as your credit card number and billing address) is for the sole purpose of processing transactions – fulfilling your orders, facilitating payment, shipping the products that you purchase from society6.com or through any of our other Services, preventing transactional fraud and in accordance with your preferences and permissions and the terms and conditions set forth in your and our agreements with those third-party payment services – and is not available to us. We only store a tokenized (anonymized) version of such information and do not maintain payment card information on our servers. Personal information collected from you by these third-party payment services is governed by the applicable third-party payment service's privacy notice. You should review their privacy notice prior to submitting any personal information to them. When you make a purchase, depending upon your payment method, an authorization is obtained in the amount of your cart balance. Your payment information is securely stored by our third-party payment processors. Once your shipment is ready, the charge for your purchase is submitted to your bank for processing and your shipping information, order history, returns, and downloads are securely stored by Us and our third-party shipping partners to fulfill your current and future orders.</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.2 below for the legal bases for processing.</em></p>
<p><strong>6. Advertising and Analytics</strong></p>
<p><strong>6.1. Advertising and Third-Party Content and Links</strong></p>
<p>The Services are supported through advertising. From time to time we work with third-party companies, advertisers and advertising networks, to enable them to collect certain information regarding how you engage with our websites and to provide advertising through the Services.</p>
<p>We may allow third-party companies, including advertisers, ad networks, and advertising services providers, to serve advertisements, provide other advertising services, or collect personal information when you visit the Services. We provide these companies with the ability to collect personal information about how you interact with the Services and, if applicable, your mobile device.</p>
<p>This personal information includes the unique device or advertising ID associated with your device and imprecise location information (only the country, state and, on some of our websites, the city where you connect from), in order to help analyze and serve targeted advertising on the Services and elsewhere (including third-party sites and applications).</p>
<p>In addition, we share with these third-party providers personal information that is pseudonymized (information that only identifies you indirectly), which may consist of the following data:</p>
<ul>
<li>
<p>a hashed version of information that we collect from you directly (such as an email or a phone number)</p>
</li>
<li>
<p>a third party IDs, such as a mobile advertising ID, a device identifier or other proprietary ID assigned by third parties)</p>
</li>
<li>
<p>an IP address</p>
</li>
<li>
<p>the clickstream information generated by your browser, such as HTTP header fields, browser type, time and date stamps), or operating system</p>
</li>
<li>
<p>statistical identifiers calculated from data shared by your browser or device</p>
</li>
<li>
<p>the subject of advertisements you clicked or scrolled over, etc.</p>
</li>
</ul>
<p>all of which are collected during your visit to the Services in order to provide advertisements about goods and services likely to be of interest to you on our websites, but also on websites of third-party companies.</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.3 below for the legal bases for processing.</em></p>
<p><strong>6.2. Matched Ads.<span> </span></strong>As an example, we serve ads on and through third-party companies, such as Apple, Facebook and Google, that are targeted to reach people (or people who are similar to you as a customer or to our target audience) who have visited our Services or are identified in one or more of our databases. These ads are called “matched ads”. This is generally done by us uploading a customer list to a technology service or incorporating a pixel from a technology service on our Services, and the technology service matching common factors between our data and their data. For instance, we incorporate the Facebook pixel on our Services and may share your email address with Facebook as part of our use of Facebook Custom Audiences.</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.3 below for the legal bases for processing.</em></p>
<p><strong>6.3. How to Opt Out of Matched Ads and Targeted Advertising?</strong></p>
<p>To<span> </span><em>opt out of Matched Ads</em>, please contact the applicable technology service listed below. California, Colorado, Connecticut, Utah, and Virginia residents may also opt out of the use of their personal information for interest-based advertising, including Matched Ads, by following the instructions in Sections 12 and 13, respectively.</p>
<ul>
<li>
<p>If we serve Matched Ads through Apple services, you should be able to click into the box in the lower right corner of such ads to find out how to opt-out or limit those ads.</p>
</li>
<li>
<p>If we serve Matched Ads on Facebook services using Facebook Custom Audiences, you should be able to hover over the box in the right corner of such Facebook ads and find out how to opt-out.</p>
</li>
<li>
<p>If we serve Matched Ads through LiveRamp, you should be able to opt out from those ads by visiting<span><u><a href="https://liveramp.com/opt_out/"> https://liveramp.com/opt_out/</a></u></span>.</p>
</li>
<li>
<p>If we serve Matched Ads through Epsilon, you should be able to opt out from those ads by visiting<span> </span><span><u><a href="https://legal.epsilon.com/dsr/">https://legal.epsilon.com/dsr/</a></u></span>.</p>
</li>
<li>
<p>If we serve Matched Ads through Zeta Global, you should be able to opt out from those ads by visiting the Zeta Global opt-out page at<span> </span><span><u><a href="https://zetaglobal.com/rights-request/">https://zetaglobal.com/rights-request/#</a></u></span><span> </span>and Zeta Global’s Privacy Request page at<span> </span><span><u><a href="https://privacyportal-cdn.onetrust.com/dsarwebform/bc2d3301-11a5-4de5-b15e-ce796187a352/d0720d0f-d427-4a7d-a773-5d6793229f15.html">https://privacyportal-cdn.onetrust.com/dsarwebform/bc2d3301-11a5-4de5-b15e-ce796187a352/d0720d0f-d427-4a7d-a773-5d6793229f15.html</a></u></span>.</p>
</li>
<li>
<p>To opt out of the use of this data by NIS for the purposes described above, click here: Neustar Privacy Choices [<span><u><a href="https://www.home.neustar/privacy/opt-out">https://www.home.neustar/privacy/opt-out</a></u></span>] or here: Network Advertising Initiative’s Consumer Opt-Out Tool [<span><u><a href="http://optout.networkadvertising.org/">http://optout.networkadvertising.org/</a></u></span>].</p>
</li>
</ul>
<p><em>To opt out of targeted advertising</em>: for information about how tracking works for targeted advertising purposes, and to opt out of the collection of personal information for the purposes described above by companies participating in the<span> </span><em>Digital Advertising Alliance Self-Regulatory Program</em>, you can visit:</p>
<ul>
<li>
<p>from your browser:<span> </span><span><u><a href="https://www.aboutads.info/choices">https://www.aboutads.info/choices</a></u></span>.</p>
</li>
<li>
<p>from your mobile device:<span> </span><span><u><a href="https://www.aboutads.info/appchoices">https://www.aboutads.info/appchoices</a></u></span>.</p>
</li>
</ul>
<p><em>To opt out of this type of advertising by third parties that are members of the</em><span> </span><em>Network Advertising Initiative</em><span> </span>(“<strong>NAI</strong>”), please visit:</p>
<ul>
<li>
<p>the NAI’s website (<span><u><a href="https://www.networkadvertising.org/">https://www.Networkadvertising.org</a></u></span>): it will allow you to opt out of tailored advertising by one, or all, NAI members.</p>
</li>
</ul>
<p>We are not responsible for such technology service’s failure to comply with your opt-out instructions.</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.3 below for the legal bases for processing.</em></p>
<p><strong>6.4. </strong><strong>Analytics Services</strong></p>
<p>We also work with third-party analytics companies to help us understand and analyze how you use our Services and assist us with delivering to you relevant marketing messages and advertisements.</p>
<p>These analytics companies (e.g., Google Analytics) collect information about the content you view and your system information as well as imprecise location information (only the country, state and, on some of our websites, the city where you connect from).</p>
<p>Neither they, nor we, do collect precise geolocation information about your visits from your devices, such as GPS coordinates, WiFi, radio frequency location and RFID, Bluetooth, or latitude and longitude information).</p>
<p><em>For EEA, UK and Swiss personal data – please refer to sub-section 10.3 below for the legal bases for processing.</em></p>
<p><strong>7. Third Parties to Whom We Disclose Your Personal Information</strong></p>
<p>We disclose the personal information you provide or that we collect in some circumstances to the following third parties:</p>
<p><strong>7.1. Advertisers, Advertising Networks and Data Analytics Companies.<span> </span></strong>We share your personal information with advertisers, third-party advertising networks and analytics companies who use it to deliver targeted advertisements to you on the Services or third-party websites or advertisers. Similarly, these advertisers share personal information with us about you that they have independently gathered or acquired. We also share the personal information we have collected in order to enable our advertising partners to perform data analysis or for advertising-related use. That personal information is always encrypted except cookie IDs.</p>
<p><strong>7.2. Cooperative Database and Marketing Companies.<span> </span></strong>These companies provide what is called a “cooperative database”, which is a type of database that holds information about customers and their transaction histories through which many companies, such as ours, will contribute information to the database in return for aggregate information on the customers other companies have provided. None of the companies that participate in these cooperative databases reveal which company has collected that data, so none of the participating companies are able to identify which company the data is associated with. Each email and mailing address is then associated with specific business categories (e.g., home decor, artwork, etc.) based on customers’ transaction histories. The participating companies, like ours, are then able to process, using data mining and other marketing targeting techniques, the email and mailing addresses in relation to the specific business categories they want to target in their direct mailing. Such databases are generally used for promotional mailings, credit card fraud detection, digital media targeting, business intelligence or fighting e-mail spam. In our case, these databases are used for promotional mailings and direct mail campaigns: this means that, from time to time, we share our customers’ email and mailing addresses and related transactional information, such as your purchase history, amounts paid and products ordered, with cooperative database and marketing companies for promotional mailings and direct mail campaigns. These types of marketing campaigns are mainly carried out in relation with our Saatchiart.com and Society6.com websites. Some of the third-party vendors who receive your personal information from us may resell it for their own direct marketing purposes, and the direct marketing purposes of other third-party marketing companies.</p>
<p>If you prefer to opt-out of the use of your email and mailing addresses for the above purposes, please let us know at<span> </span><span><u><a href="mailto:privacy@society6.com">privacy@society6.com</a></u></span>.</p>
<p><strong>7.3. Our Service Providers and Contractors.<span> </span></strong>We share your information with service providers and contractors who work on our behalf. For example, they may handle payment or credit card processing, data management, customer data pooling or aggregating, feature administration, email distribution, market research, information analysis, and promotions management. They also include accountants, auditors, lawyers, insurers or similar advisers when we ask for their professional advice. Service providers and contractors will only have access to the personal information needed to perform these limited functions on our behalf.</p>
<p><strong>7.4. Social Media Sites.<span> </span></strong>Our Services may use social networking or “share functionality” or contain links to third-party social media sites or applications that are not owned or controlled by us. We also may allow you to use social media sites or applications to leverage your existing social media site or application accounts to access features of the Services. Your use of these features may result in the collection or sharing of personal information about you by these sites or applications, depending on the feature.</p>
<p><strong>7.5. Our Business Partners</strong></p>
<p>If you are directed to the Services through a third party, we share certain information back with that third party, which may include personal information such as name, email and value of purchase depending on the type of relationship or Services utilized.</p>
<p>We have no control over, and assume no responsibility for any share functionality or the content, privacy policies, or practices of any third-party site or application. We encourage you to review the privacy policies and settings on the social media sites or applications with which you interact to make sure you understand the personal information that may be collected, used, and shared by those sites. You are subject to the policies of those third parties when and where applicable.</p>
<p><strong>7.6. Our Company Affiliates.<span> </span></strong>We share your personal information with members of the Leaf Group corporate family in order to provide joint content and services (like registration, transactions and customer support), or to improve your experience with the Services, products and other services. When you register as an artist on Society6 and upload your artwork to the Society6 website, Deny Designs LLC may select your artwork to be uploaded on their website or included as part of their Wholesale Partner Program. In this case, Deny Designs LLC will only use on its website and share with wholesalers information that you have agreed to make publicly available on the Society6 website, such as your name or the name of your shop, your bio and ”About Me” section of your Society6 profile.</p>
<p><strong>7.7. Other Businesses.<span> </span></strong>We will disclose your personal information to other businesses in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets or any business, any user personal information owned or controlled by us may be one of the assets transferred to third parties in such transaction or event. We reserve the right, as part of this type of transaction or event, to transfer or assign your personal information and other personal information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user personal information will be subject to this Privacy Notice. However, any personal information you submit or that is collected after this type of transfer may be subject to a new privacy notice adopted by the successor entity or acquirer, as applicable.</p>
<p><strong>7.8. Government Authorities, National Security or Law Enforcement Agencies, Courts and Other Similar Third Parties</strong></p>
<p>We will disclose your personal information to these third parties:</p>
<ul>
<li>
<p>if required to do so, and to the extent permitted, by law;</p>
</li>
<li>
<p>if requested in response to a subpoena or court order;</p>
</li>
<li>
<p>if we believe in our sole and absolute discretion that disclosure is reasonably necessary to protect against fraud;</p>
</li>
<li>
<p>to protect the property or other rights of us or other users, third parties or the public at large; or</p>
</li>
<li>
<p>if we believe that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws, or in violation of our Terms of Use.</p>
</li>
</ul>
<p>You should be aware that, following disclosure to any third party, your personal information may be accessible by others to the extent permitted or required by applicable law.</p>
<p><strong>8. Cookies and Other Tracking Technologies and How To Control Them</strong></p>
<p>We use our own cookies, pixel tags, JavaScript, software development kits (or “SDKs”), device identifiers and other tracking technologies on our websites or allow third-party companies, such as advertisers and advertising networks, to use the same technologies.</p>
<p>These technologies recognize your computer, mobile or other device and your actions online over time, collect personal information about you and your activities on the Services and do so across different websites and platforms, digital or marketing channels and email in order to deliver to you targeted electronic advertisements.</p>
<p>We or these third-party companies may link two or more devices or browsers believed to belong to the same user or household and use it for advertising-related purposes.</p>
<p>These third-party companies such as advertisers, advertising networks may use cookies, but also other tracking technologies such as pixel tags to recognize your computer, mobile or other device and your actions online over time, collect personal information about you and your activities on the Services and reach out to your computer, mobile or other device them across different websites and platforms, digital or marketing channels and email in order to deliver targeted electronic advertisements to an individual user. Third-party companies may link two or more devices or browsers believed to belong to the same user or household for advertising-related purposes.</p>
<p>We do not have access to the information located in the cookies, pixel tags and other tracking technologies that third-party partners ask us to place on our websites, nor have control over them, except to take them off our websites, which generally happens once we terminate our agreement with them.</p>
<p>You can control the use of cookies and other tracking technologies by using the “Cookie Settings” link that is located at the bottom of all our website homepages, by changing your privacy preferences through your browser, mobile or other device, or by using a setting or extension in your browser or device that is called “Global Privacy Control”:</p>
<ul>
<li>
<p>Through the “<em>Cookie Settings</em>” link located at the bottom of all our website homepages, you can prevent us from using any cookie or other tracking technology that is not strictly necessary for you to view our websites or to enable us to provide you with our Services. Keep in mind that the cookie settings may not permit you to block the use of some tracking technologies.</p>
</li>
<li>
<p>Using your<span> </span><em>browser or device</em>, you may set it up so as to accept all cookies, only accept specific cookies, block others or all of them.</p>
<ul>
<li>
<p>Keep in mind that your web browser or device may not permit you to block the use of some tracking technologies, and adjusting your browser or device settings to block them may have no effect.</p>
</li>
<li>
<p>Your browser or device may also allow you to adjust its settings so that “Do Not Track” requests are sent to the websites that you visit. However, we will not disable tracking technology that may be active on the Services in response to the “Do Not Track” requests we receive from your browser or device.</p>
</li>
</ul>
</li>
<li>
<p>Using the<span> </span><em>Global Privacy Control</em><span> </span>(“GPC”) setting or extension in your browser or mobile device: GPC is a proposed specification designed to allow Internet users to notify businesses of their privacy preferences, such as whether or not they want their personal information to be sold or shared. It acts as a mechanism that websites can use to indicate they support the specification. All of our websites have the GPC setting turned on. Once you activate this setting or extension, your browser or mobile device will automatically transmit your preference to our websites which, when detected, will stop the sharing of all our advertising cookies. More information at https://globalprivacycontrol.org/.</p>
</li>
<li>
<p>To control the cookies that we use to obtain analytics information from your visits to our websites and prevent your browser, mobile phone or other device to disclose imprecise location details about your visits:</p>
<ul>
<li>
<p>You can adjust your browser or device settings to deactivate the analytics cookies (categorized as “performance cookies”) sent to your device by using the “Cookie Settings” link located at the bottom of all our website homepages and deactivating the “performance cookies”.</p>
</li>
<li>
<p>You can also use your mobile or other device to adjust its location services settings. (For instructions on changing the relevant settings, please contact your service provider, carrier or device manufacturer.)</p>
</li>
</ul>
</li>
</ul>
<p><em>If you are a California, Colorado, Connecticut, Utah, or Virginia resident</em>: you may exercise your right to opt-out of sales or sharing through preference signals. Please refer to section 12 (“California Privacy Rights”) and section 13 (“Colorado, Connecticut, Utah, and Virginia Privacy Rights”) below to exercise your rights with respect to cookies and other tracking technologies.</p>
<p><em>If you are located in the EEA, the United Kingdom or Switzerland</em>, please refer to sub-section 10.5 and, more generally, to section 10 (“European Privacy Rights”) below to exercise your rights with respect to cookies and other tracking technologies.</p>
<p>Blocking all cookies and other tracking technologies will affect your online experience and may prevent you from enjoying the full features offered through our Services.</p>
<p> </p>
<p><strong>9. The Privacy of Children</strong></p>
<p>The Services are not intended for children under age 16. We do not knowingly collect or distribute personal information from or about children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at<span> </span><span><u><a href="mailto:privacy@society6.com">privacy@society6.com</a></u></span>.</p>
<p><a name="european-rights"></a><strong>10. European Privacy Rights</strong></p>
<p>In this section, we clarify the rules that are applicable to you, as a user, website visitor or customer using our Services and if you are located in the European Economic Area (“<strong>EEA</strong>”) (which includes the European Union member states, Iceland, Norway and Liechtenstein), the United Kingdom, and Switzerland.</p>
<p>We also identify the legal bases on which we rely to use your personal data and acknowledge your right to access and control your personal data in accordance with applicable Data Protection Laws, which include but are not limited to the Regulation (EU) 2016/679 (the European Union General Data Protection Regulation, or “<strong>GDPR</strong>”), the United Kingdom GDPR (“<strong>UK GDPR</strong>”), the Swiss Act on Federal Data Protection (“<strong>FADP</strong>”) and the Directive 2002/58/EC (“<strong>e-Privacy Directive</strong>”) and other relevant national legislation implementing it (“<strong>e-Privacy Laws</strong>”), together, the “<strong>European Privacy Laws</strong>”.</p>
<p><strong>10.1. Information We Automatically Collect from Your Device or Browser</strong></p>
<p>If required by the European Privacy Laws, we will seek your consent to these activities and provide the ability for you to withdraw your consent via a cookie consent management platform or other appropriate means. Please see our<span> </span><a title="Cookie Notice" href="https://online-store-web.shopifyapps.com/pages/cookie-notice" target="_blank"><span><u><strong>Cookie Notice</strong></u></span></a><span> </span>for further details.</p>
<p><strong>10.2. How We Use Your Personal Data</strong></p>
<ul>
<li>
<p><em><strong>To Provide or Improve the Services, Provide Support, and Communicate With You:</strong></em></p>
<ul>
<li>
<p>For details please refer to sub-section 5.1 of this Privacy Notice.</p>
</li>
<li>
<p><em>Legal bases</em>: contract performance, legitimate interests (to correspond with you, to enable us to provide you with the Services and to improve the Services).</p>
</li>
</ul>
</li>
<li>
<p><em><strong>To Carry out Marketing Activities such as Promotions:</strong></em></p>
<ul>
<li>
<p>For details please refer to sub-section 5.2 of this Privacy Notice.</p>
</li>
<li>
<p><em>Legal bases</em>: consent, legitimate interest where consent is not required (to enable us to provide you with an experience related to your interests or keep you updated with news in relation to our products and services).</p>
</li>
</ul>
</li>
<li>
<p><em><strong>To Organize Sweepstakes and Contests:</strong></em></p>
<ul>
<li>
<p>For details please refer to sub-section 5.3 of this Privacy Notice.</p>
</li>
<li>
<p><em>Legal base</em>: consent.</p>
</li>
</ul>
</li>
<li>
<p><em><strong>To Process Your Payments and Fulfill Your Orders and Purchases:</strong></em></p>
<ul>
<li>
<p>For details please refer to sub-section 5.4 of this Privacy Notice.</p>
</li>
<li>
<p><em>Legal base</em>: contract performance.</p>
</li>
</ul>
</li>
</ul>
<p><strong>10.3 Advertising and Analytics</strong></p>
<p>For details please refer to section 6 of this Privacy Notice.</p>
<ul>
<li>
<p><em><strong>How to Opt Out of Matched Ads and Targeted Advertising?</strong></em></p>
<ul>
<li>
<p>If required by the European Privacy Laws, we will seek your consent to these activities and provide you the ability to withdraw your consent at any time via a cookie consent management platform or other appropriate means. Please see our<span> </span><a title="Cookie Notice" href="https://online-store-web.shopifyapps.com/pages/cookie-notice"><span><u><strong>Cookie Notice</strong></u></span></a><span> </span>for further details.</p>
</li>
<li>
<p>Our websites will honor “Do Not Track” requests from your browser if you visit us from EEA countries, the United Kingdom or Switzerland and you activate the “Do Not Track” feature in your browser settings: in this case, the “Do Not Track” request your browser sends us will automatically deactivate the targeting cookies we use on our websites. Some browsers or browser add-ons may also automatically activate that “Do Not Track” feature.</p>
</li>
<li>
<p><em>Legal bases</em>: consent, legitimate interest where consent is not required (to enable us to provide you with an experience related to your interests).</p>
</li>
</ul>
</li>
<li>
<p><em><strong>Analytics Services:</strong></em></p>
<ul>
<li>
<p>Legal bases: consent, legitimate interest where consent is not required (to enable us to provide you with an experience relevant to your interests).</p>
</li>
</ul>
</li>
</ul>
<p> </p>
<p><strong>10.4. Third Parties to Whom We Disclose Your Personal Data</strong></p>
<p>For details please refer to<span> </span><span lang="en-GB">section 7.2 of this Privacy Notice</span>.</p>
<p><span lang="en-GB">Where we disclose the personal data you provide, or that we collect, to cooperative database and marketing companies for promotional mailings and direct mail campaign purposes</span>, we will seek your consent to these activities if it is required by the European Privacy Laws.</p>
<p><strong>10.5. Cookies and Other Tracking Technologies and How To Control Them</strong></p>
<p>For general explanations, please refer to<span> </span><span lang="en-GB">section 8 of this Privacy Notice</span>.</p>
<p>If required by the European Privacy Laws, we will seek your consent to these activities and provide you with the ability to withdraw your consent via a cookie consent management platform or other appropriate means. Please see our<span> </span><a title="Cookie Notice" href="https://online-store-web.shopifyapps.com/pages/cookie-notice"><span><u><strong>Cookie Notice</strong></u></span></a><span> </span>for further details.</p>
<p><strong>10.6. Data Subject Rights</strong></p>
<ul>
<li>
<p><em><strong>Accessing, Correcting, Erasing Your Information; Objecting to or Restricting the Processing of Your Information; or Withdrawing Your Consent:</strong></em></p>
<ul>
<li>
<p><em>If you are located in the EEA, the United Kingdom or Switzerland:</em><span> </span>to request access to, correction or erasure of, your personal data, object to, or restrict the processing of your personal data, or to withdraw your consent to our processing of your personal data (where we are relying on consent as the lawful basis) in accordance with European Privacy Laws, you can visit the following page in order to exercise your data subject rights for some or all of our websites:<span> </span><span><u><strong><a href="https://forms.gle/HzK4oJCL3XqB7gPdA" target="_blank" title="GDPR Data Subject Rights Request Form" rel="noopener">GDPR Data Subject Rights Web Form</a><a href="https://docs.google.com/forms/d/e/1FAIpQLSeluH5PPY56GFNsPvhaBZ0F3udCJKKErapgmv4hPSkjfiMjAA/viewform?usp=header" title="GDPR Data Subject Rights Request Form" rel="noopener" target="_blank"></a></strong></u></span>.</p>
</li>
<li>
<p>You may also contact us via the contact details in Section 1 above.</p>
</li>
<li>
<p>Please include the registration information you provided through the Services. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account. We will respond within a month after receiving your request or in accordance with the European Privacy Laws. If your request is complex or you have sent us several or different ones (access, correction, deletion requests, etc.), we may have to extend the time to respond to you by a further two months but will always inform you of such delay within a month and explain you why the extension is necessary.</p>
</li>
</ul>
</li>
<li>
<p><em><strong>Portability of Your Personal Data:</strong></em></p>
<ul>
<li>
<p>Data portability is the ability to obtain some of your personal data in a machine-readable format that you can migrate, where technically feasible, from one controller to another in accordance with applicable Data Protection Laws. This right is available to users located in the EEA, United Kingdom and Switzerland in relation to the personal data that we process via automated means and in reliance on your consent. You may send your request by visiting the following page in order to exercise your right to data portability: <span><u><strong><a href="https://forms.gle/HzK4oJCL3XqB7gPdA" target="_blank" title="GDPR Data Subject Rights Request Form" rel="noopener">GDPR Data Subject Right Web Form</a><a rel="noopener" href="https://forms.gle/Rw2b64kXRH16oMzu7" target="_blank"></a></strong></u></span>.</p>
</li>
</ul>
</li>
</ul>
<p><strong>10.7. International Transfers</strong></p>
<p><span lang="en-GB">We may transfer your personal data outside of the EEA, the United Kingdom or Switzerland, including to servers, databases or cloud storage facilities located in the United States. We put adequate safeguards in place when we transfer your personal data internationally. This includes only transferring personal data to countries that have been deemed to provide an adequate level of protection for personal data by the applicable regulatory authority, or by otherwise using an appropriate safeguard to ensure the ongoing protection of personal data, such as standard contractual clauses approved by the applicable regulatory authority. You may request further information on the safeguards we use by contacting us via the contact details in Section 1 of this Privacy Notice.</span></p>
<p><meta charset="utf-8"><meta charset="utf-8">Leaf Group Ltd and its wholly-owned United States-based subsidiaries/affiliates, Society6, LLC, Saatchi Online, Inc., Deny Designs LLC and Other Art Fairs, LLC (hereinafter referred to as “Leaf Group Ltd” or “We"), comply with the E.U.-U.S. Data Privacy Framework program (“<strong>E.U.-U.S. DPF</strong>”), the UK Extension to the E.U.-U.S. DPF, and the Swiss-U.S. Data Privacy Framework program (“<strong>Swiss-U.S. DPF</strong>”) as set forth by the U.S. Department of Commerce.</p>
<ul>
<li>
<p>Leaf Group Ltd has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“<strong>E.U.-U.S. DPF Principles</strong>”) with regard to the processing of personal data received from the European Union in reliance on the E.U.-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the E.U.-U.S. DPF.</p>
</li>
<li>
<p>Leaf Group Ltd has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles (“<strong>Swiss-U.S. DPF Principles</strong>”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.</p>
</li>
<li>
<p><meta charset="utf-8"><meta charset="utf-8">Leaf Group Ltd’s participation in the E.U.-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF is subject to the investigation and enforcement powers of the United States Federal Trade Commission.</p>
</li>
<li>
<p>If there is any conflict between the terms in this Privacy Notice and the E.U.-U.S. DPF Principles or the Swiss-U.S. DPF Principles, the Principles shall govern.</p>
</li>
<li>
<p>To learn more about the E.U.-U.S. DPF program, and to view our certification, please visit<span> </span><span><u><a href="https://www.dataprivacyframework.gov/">https://www.dataprivacyframework.gov/</a></u></span>.</p>
</li>
</ul>
<p>We have responsibility for the processing of the personal data we receive under the E.U.-U.S. DPF, the UK Extension to the E.U.-U.S. DPF and the Swiss-U.S. DPF, and subsequently transfer to a third party acting as an agent on our behalf. We shall remain liable under the E.U.-U.S. DPF, the UK Extension to the E.U.-U.S. DPF and the Swiss-U.S. DPF if our agent processes such information in a manner inconsistent with the E.U.-U.S. DPF Principles and the Swiss-U.S. DPF Principles, unless we are not responsible for the event giving rise to the damage.</p>
<p><meta charset="utf-8"><meta charset="utf-8">In compliance with the E.U.-U.S. DPF Principles, the Principles of the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF Principles, We provide clear, conspicuous, and readily available mechanisms for you to exercise your choice. If you wish to limit the use or disclosure of your personal data for purposes materially different from those for which it was collected, or if you do not wish your data to be shared with certain third parties, you may contact us to opt out by email at privacy@society6.com or use our <a href="https://privacyportal.onetrust.com/webform/6ae80e28-005a-47b1-85b4-3c150c46e71a/80f07220-f2fb-4df0-84c6-b7cb3a52d632" rel="noopener" target="_blank"><span style="color: rgb(0, 0, 0);"><span style="text-decoration-thickness: initial; text-decoration-style: initial; text-decoration-color: initial;"><u>GDPR Data Subject Rights Web Form</u></span></span></a><span>.</span></p>
<p dir="ltr"><span>In situations where personal data is to be disclosed to a third party acting as a data controller, We will provide you with an opportunity to opt out of such disclosure, unless such disclosure is otherwise permitted or required by law.</span></p>
<p dir="ltr"><span>Please note that your right to opt out does not apply where We are required to process personal data for our legal or contractual obligations, or where the processing is otherwise permitted under the DPF Principles.</span></p>
<p><span style="color: rgb(0, 0, 0);">In compliance with the E.U.-U.S. DPF Principles, the Principles of the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF Principles, Leaf Group Ltd commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles. European Union, United Kingdom and Swiss individuals with DPF inquiries or complaints should first contact:</span><span style="color: rgb(0, 0, 0);"></span></p>
<ul>
<li>
<p>For the Society6 website: Privacy Office, at<span> </span><span><u><a href="mailto:privacy@society6.com">privacy@society6.com</a></u></span>.</p>
</li>
</ul>
<p>Leaf Group Ltd has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism located in the United States of America – “Data Privacy Framework Services” – operated by the Better Business Bureau National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit<span> </span><span><u><a href="https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers">https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers</a></u></span><span> </span>for more information and to file a complaint. This service is provided free of charge to you.</p>
<p>If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See<span> </span><span><u><a href="https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2">https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2</a></u></span>.</p>
<p class="m_-1779311356864995804FlushLeft"><b>10.8. Our Data Protection Representative<u></u><u></u></b></p>
<p class="m_-1779311356864995804FlushLeft">We have appointed a representative pursuant to Article 27 of the GDPR, who can be contacted for any questions related to our processing of personal data in the EU. If you have a question or concern about how we may process your personal data, please contact<span> </span><a href="mailto:Society6.EUrep@datarologie.com" target="_blank">Society6.EUrep@datarologie.com</a><wbr>.</p>
<p class="m_-1779311356864995804FlushLeft"><b>10.9. Complaints<u></u><u></u></b></p>
<p class="m_-1779311356864995804FlushLeft">If you have a concern about our handling of your personal data, please get in contact with us first so we can try to resolve your query using our contact details in section 1 of this Privacy Notice.<u></u><u></u></p>
<p class="m_-1779311356864995804FlushLeft">If however you feel we have not dealt with your concern and that we are failing to meet our legal obligations, the GDPR gives you the right to lodge a complaint with a supervisory authority. You can do so with your local data protection authority: the Information Commissioner's Office in the United Kingdom or the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.</p>
<p><a name="nevada-rights"></a><strong>11. Nevada Privacy Rights</strong></p>
<p>Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them. As a Nevada resident, you have the right to direct us not to sell any “covered information” (as that term is defined by Chapter 603A - Security and Privacy of Personal Information, Section NRS 603A.340) that we have collected or will collect about you. If you wish to exercise this right, you can visit the following page:<span> </span><span><u><strong><a href="https://forms.gle/HzK4oJCL3XqB7gPdA" target="_blank" title="USA Consumer Privacy Rights Form" rel="noopener">USA Consumer Privacy Rights Web Form</a><a href="https://privacyportal-cdn.onetrust.com/dsarwebform/6ae80e28-005a-47b1-85b4-3c150c46e71a/a07f50fa-c0d6-435c-8264-122ce00c6369.html"></a></strong></u></span><span>.</span></p>
<p><a name="california-rights"></a><strong>12. California Privacy Rights</strong></p>
<p><strong>12.1. California Residents Under 18.<span> </span></strong>If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove content or information about you that you posted on the Services by: (a) submitting a request in writing to<span> </span><span><u><a href="mailto:privacy@society6.com">privacy@society6.com</a></u></span>; and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if: (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Notice on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.</p>
<p><strong>12.2. California Privacy Rights – California Notice of Collection.</strong><span> </span>This section contains disclosures required by the California Consumer Privacy Act of 2018 (“<strong>CCPA</strong>”) as amended by the California Privacy Rights Act of 2020 (“<strong>CPRA</strong>”) (cited together as the “<strong>CCPA</strong>”) and applies only to “personal information” that is subject to the CCPA. Consumers with disabilities may access this notice with a standard screen reader. If you are a California resident, this section applies to you. It describes how we collect, use, and share your personal information in our capacity as a “business” under the CCPA, and the rights that you have with respect to your personal information, including sensitive personal information. For purposes of this section, “personal information” and “sensitive personal information” have the meanings given in the CCPA and do not include information excluded from the CCPA’s scope.</p>
<ol type="A">
<li>
<p><strong>Personal Information We Collect, Disclose for a Business Purpose, and Sell or Share<br></strong><br>The chart below summarizes the personal information we collect and use by reference to the categories of personal information specified in the CCPA. It describes our current practices as well as our practices during the 12 months preceding the effective date of our Privacy Notice (July 1, 2023). Information you voluntarily provide to us, such as in free-form webforms or posts on some of our websites, may contain additional categories of personal information not described below. More information regarding the sources from which we collect personal information can be found in Section 2 of our Privacy Notice titled “Personal Information that We Collect from You”, Section 3 titled “Information We Automatically Collect from Your Device or Browser”, and Section 4 titled “Information We Collect from Third Parties about You”. Business and commercial purposes for which we collect your personal information can be found in Section 5 of our Privacy Notice titled “How We Use Your Personal Information”. Categories of recipients with whom personal information is shared or sold can be found in Section 7 of our Privacy Notice titled “Third Parties to Whom We Disclose Your Personal Information”.<strong><br></strong></p>
<table width="896" cellpadding="1" cellspacing="0">
<colgroup> <col width="172"> <col width="124"> <col width="149"> <col width="149"> <col width="149"> <col width="140"> </colgroup>
<tbody>
<tr valign="top">
<td width="172">
<p><b>Categories<br>of Personal Information</b></p>
</td>
<td width="124">
<p><b>Collected in the last 12 months</b></p>
</td>
<td width="149">
<p><b>Categories<br>of sources from which information is collected</b></p>
</td>
<td width="149">
<p><b>Business<br>or commercial purposes for collection, use, selling, and sharing</b></p>
</td>
<td width="149">
<p><b>Disclosed<br>for business purposes to the following categories of third parties</b></p>
</td>
<td width="140">
<p><b>Sold or shared<br>to the following categories of third parties</b></p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Personal and online identifiers (such as first and last name, email address, or unique online identifiers)</p>
</td>
<td width="124">
<p>Yes.</p>
</td>
<td width="149">
<p>All categories described above in Sections 2, 3, and 4.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p>All categories listed above in Section 7.</p>
</td>
<td width="140">
<p>All categories listed below under section D.</p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Commercial or transactions information (such as records of personal property or products or services purchased, obtained or considered)</p>
</td>
<td width="124">
<p>Yes.</p>
</td>
<td width="149">
<p>All categories described above in Sections 2, 3, and 4.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p>All categories listed above in Section 7.</p>
</td>
<td width="140">
<p>All categories listed below under section D.</p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Geolocation data</p>
</td>
<td width="124">
<p>Yes: only imprecise geolocation data (IP address, country, state, city)</p>
</td>
<td width="149">
<p>All categories described above in Sections 2, 3, and 4.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p>All categories listed above in Section 7.</p>
</td>
<td width="140">
<p>All categories listed below under section D.</p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Audio, electronic, visual, thermal, olfactory, or similar information: only visual information consisting of mobile device motion sensors and camera (“View in Your Room” feature on the Society6 mobile app)</p>
</td>
<td width="124">
<p>Yes.</p>
</td>
<td width="149">
<p>All categories described above in Sections 2, 3, and 4.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p class="western"> </p>
<p class="western">All categories listed above in Section 7.</p>
<p class="western"> </p>
<p class="western"> </p>
</td>
<td width="140">
<p>N/A</p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Internet or other electronic network activity information (such as browsing history, search history, interactions with a website, email, application, or advertisement)</p>
</td>
<td width="124">
<p>Yes.</p>
</td>
<td width="149">
<p>All categories described above in Sections 2, 3, and 4.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p>All categories listed above in Section 7.</p>
</td>
<td width="140">
<p>All categories listed below under section D.</p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Inferences drawn from the above information about your predicted characteristics and preferences</p>
</td>
<td width="124">
<p>Yes.</p>
</td>
<td width="149">
<p>All categories described above in Sections 2, 3, and 4.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p>All categories listed above in Section 7.</p>
</td>
<td width="140">
<p>All categories listed below under section D.</p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Characteristics of protected classification under California or federal law (race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age and sexual orientation)</p>
</td>
<td width="124">
<p>No.</p>
</td>
<td width="149">
<p>N/A.</p>
</td>
<td width="149">
<p>N/A.</p>
</td>
<td width="149">
<p>N/A.</p>
</td>
<td width="140">
<p>N/A.</p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Employment and education information</p>
</td>
<td width="124">
<p>No.</p>
</td>
<td width="149">
<p>N/A.</p>
</td>
<td width="149">
<p>N/A.</p>
</td>
<td width="149">
<p class="western"> </p>
<p class="western">N/A.</p>
</td>
<td width="140">
<p class="western"> </p>
<p class="western"><span color="#000000" style="color: #000000;">N/A.</span></p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Categories of personal information described in Section 1798.80(e) of the California Civil Code</p>
</td>
<td width="124">
<p>Yes: only name, address, telephone number.</p>
</td>
<td width="149">
<p>Consumers who register on society6.com.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p>All categories listed above in Section 7.</p>
</td>
<td width="140">
<p class="western"> </p>
<p class="western"><span color="#000000" style="color: #000000;">All categories listed below under section D.</span></p>
</td>
</tr>
<tr valign="top">
<td width="172">
<p>Other information about you that is linked to the personal information above</p>
</td>
<td width="124">
<p>Yes.</p>
</td>
<td width="149">
<p>All categories described above in Sections 2, 3, and 4.</p>
</td>
<td width="149">
<p>All purposes described above in Section 5.</p>
</td>
<td width="149">
<p>All categories listed above in Section 7.</p>
</td>
<td width="140">
<p>All categories listed below under section D.</p>
</td>
</tr>
</tbody>
</table>
</li>
<li>
<p><strong>Sensitive Personal Information<br></strong></p>
<p class="western">Some of the personal information we collect may be considered sensitive personal information (as described in the CPRA). For further details of the sensitive personal information we collect (if any) and how we obtain this information, please review the section entitled “<strong>Personal Information that We Collect from You</strong>” above.</p>
<p class="western">We collect, use, and disclose such sensitive personal information only for the permissible business purposes for sensitive personal information under the CPRA or without the purpose of inferring characteristics about consumers. We do not sell or share sensitive personal information.</p>
</li>
<li>
<p><strong>Retention<br></strong></p>
<p class="western">Our retention periods for each category of personal information, including sensitive personal information, are based on our business needs and legal requirements. We retain personal information only for as long as is reasonably necessary for us to fulfill the purpose for which it was collected, and as otherwise to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. If we continue to retain your personal data in accordance with a legal obligation, any further processing of your data will be limited to compliance with such legal obligation.</p>
<p>Where required by applicable law, we shall delete your personal information when we are requested to do so. Even if we delete your personal information from our active databases, some or all of the personal information you provided may be required in order for the Services to function properly and it may remain in backup storage or records retention archival media (not to be used for any other purpose) until it is permanently deleted in accordance with our standard retention schedules.</p>
<p>To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal obligations.</p>
</li>
<li>
<p><strong>Third Parties to Whom We Sell or Share Personal Information<br></strong></p>
<p>We<span> </span><em>sell</em><span> </span>or<span> </span><em>share</em><span> </span>the categories of personal information designated above to the categories of third parties listed below:</p>
<ul>
<li>
<p>Third-parties (persons different than service providers and contractors);</p>
<ul>
<li>
<p>Advertising and marketing companies;</p>
</li>
</ul>
</li>
<li>
<p>Affiliates not under the Leaf Group brand;</p>
</li>
<li>
<p>Partner programs;</p>
</li>
<li>
<p>Social networks; and</p>
</li>
<li>
<p>Advertising platforms.</p>
</li>
</ul>
</li>
<li>
<p><strong>Right to Know, Correct, and Delete<br></strong></p>
<p>California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations. Please understand, however, that these rights are not absolute and are subject to exceptions, and we may be required or permitted by law to decline your request. In addition, we will not be able to process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.</p>
<p>You may request the following from us:</p>
<ul>
<li>
<p>The categories of personal information we have collected about you;</p>
</li>
<li>
<p>The categories of sources from which the personal information was collected;</p>
</li>
<li>
<p>The categories of personal information about you we disclosed for a business purpose or sold or shared;</p>
</li>
<li>
<p>The categories of persons to whom the personal information was disclosed for a business purpose or sold or shared;</p>
</li>
<li>
<p>The business or commercial purpose for collecting or selling or sharing the personal information; and</p>
</li>
<li>
<p>The specific pieces of personal information we have collected about you.</p>
</li>
</ul>
<p>In addition, you have the right to correct or delete the personal information we have collected from you. These rights apply to sensitive personal information.</p>
<p>To exercise any of the above rights, please contact us using the following information and submit the required verifying information online at the following <u><strong><a href="https://forms.gle/HzK4oJCL3XqB7gPdA" target="_blank" title="USA Consumer Privacy Rights Web Form" rel="noopener">USA Consumer Privacy Rights Web Form</a><a href="https://forms.gle/7eJSrBQmxQvM2TZTA" title="USA Consumer Privacy Rights Web Form" rel="noopener" target="_blank"></a><a href="https://privacyportal-cdn.onetrust.com/dsarwebform/6ae80e28-005a-47b1-85b4-3c150c46e71a/a07f50fa-c0d6-435c-8264-122ce00c6369.html"></a></strong></u> or call our toll-free number from the United States at 1 (888) 622-0767. We will confirm receipt of your request within 10 business days and respond to your request within 45 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.</p>
</li>
<li>
<p><strong>Right to Opt-Out of Sales and Sharing<br></strong></p>
<p>To the extent we “sell” or “share” your personal information as those terms are defined under the CPRA, you have the right to opt-out of the sale or sharing, which you can exercise through:</p>
<ul>
<li>
<p>The following <u><strong><a href="https://forms.gle/HzK4oJCL3XqB7gPdA" target="_blank" title="USA Consumer Privacy Rights Request Web Form" rel="noopener">USA Consumer Privacy Rights Web Form</a><a href="https://forms.gle/7eJSrBQmxQvM2TZTA" title="USA Consumer Privacy Rights Request Web Form" rel="noopener" target="_blank"></a><a rel="noopener" href="https://forms.gle/Rw2b64kXRH16oMzu7" target="_blank"></a><a href="https://privacyportal-cdn.onetrust.com/dsarwebform/6ae80e28-005a-47b1-85b4-3c150c46e71a/a07f50fa-c0d6-435c-8264-122ce00c6369.html"></a></strong></u> by choosing the option “Opt out” (this functionality will only remove you from our marketing email lists);</p>
</li>
<li>
<p>The<span> </span><strong>“Do Not Sell or Share My Personal Information”</strong><span> </span>link that appears in the footer of our website.</p>
</li>
<li>
<p>In addition, you may exercise this right by turning on a recognized opt-out preference signal, such as<span> </span><a href="https://globalprivacycontrol.org/"><span><u>Global Privacy Control</u></span></a>, through the appropriate setting or extension of your browser or mobile device.</p>
</li>
</ul>
<p>Note that when you submit an opt-out, except as provided below, your opt-out will only apply to sales and shares of personal information through tracking technologies from the specific browser or mobile device from which you submitted the opt-out because the connection between your browser identifiers and other personal information we have about you is not known to us. Opt-outs also apply to any pseudonymous profiles we maintain associated with your browser or device. If you want the opt-out to also apply to other personal information we have about you (such as your contact information), please use the link and provide your contact information as requested or make sure you are logged into your account when submitting the opt-out.</p>
</li>
<li>
<p><strong>Verification Process and Required Information<br></strong></p>
<p>Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled. We reserve the right to deny your requests if we cannot verify your identity.</p>
</li>
<li>
<p><strong>Authorized Agent<br></strong></p>
<p>You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above. Requests must be submitted through one of the designated methods above.</p>
</li>
<li>
<p><strong>Minors' Right to Opt In<br></strong></p>
<p>We do not knowingly sell the personal information of minors under 16 years of age.</p>
</li>
<li>
<p><strong>Right to Non-Discrimination<br></strong></p>
<p>You have the right not to receive discriminatory treatment by us for the exercise of any your rights.</p>
</li>
<li>
<p><strong>Financial Incentives<br></strong></p>
<p>Financial incentives, as defined under the CCPA, include “programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them. Although we do not consider our discounts and offerings to be a “financial incentive,” each may be interpreted to be one under California law.</p>
<p>We may offer discounted prices to consumers who sign up for our offerings and voluntarily provide us with certain requested personal information to be used in accordance with this Privacy Notice.</p>
<p>You can opt-in by submitting the requested personal information. You can withdraw your consent at any time by emailing us using the contact information below with “Opt-out of Financial Incentives” in the subject line.</p>
<p>We generally do not treat consumers differently if they exercise a privacy right under California law. However, you will need to provide some personal information in order to receive certain discounts or benefits. In such circumstances, we offer a price difference that is reasonably related to the value of your data to us in connection with the discount or benefit.</p>
<p>The price differences reflected in our discounts and offerings are provided based upon our reasonable determination of the estimated value of the data you provide to us, which takes into consideration a number of factors, including, among other things, our estimates regarding the anticipated revenue generated from such data and the actual and anticipated expenses that we incur in the collection, storage, and use of such data in connection with our discounts and offerings. If you choose to withdraw from our discounts and offerings or choose not to create an account with us, you can still continue to use our website as a guest user.</p>
</li>
<li>
<p><strong>Shine the Light<br></strong></p>
<p>Customers who are residents of California may request (i) a list of the categories of personal information (as that term is defined by Shine the Light) disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in section 1 above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.</p>
</li>
</ol>
<p><strong><a name="other-state-rights"></a>13. Colorado, Connecticut, Utah, and Virginia Privacy Rights</strong></p>
<p class="western"><a name="_Hlk117875871"></a>These additional rights and disclosures apply to residents of Colorado, Connecticut, Utah, and Virginia. Terms have the meaning ascribed to them in the Colorado Privacy Act (“<strong>CPA</strong>”), the Connecticut Data Privacy Act (“<strong>CTDPA</strong>”), the Utah Consumer Privacy Act (“<strong>UCPA</strong>”) and the Virginia Consumer Data Protection Act (“<strong>VCDPA</strong>”), as applicable.</p>
<p class="western">You have the following rights under these laws:</p>
<ul>
<li>
<p>To confirm whether or not we are processing your personal data</p>
</li>
<li>
<p>To access your personal data</p>
</li>
<li>
<p>To correct inaccuracies in your personal data</p>
</li>
<li>
<p>To delete your personal data</p>
</li>
<li>
<p>To obtain a copy of your personal data that you previously provided to us in a portable and readily usable format</p>
</li>
<li>
<p>To opt out of the processing of personal data for purposes of targeted advertising and the sale of personal data</p>
</li>
</ul>
<p> </p>
<p>You can visit the following page in order to exercise any of the above rights for some or all of our websites: <u><strong><a href="https://forms.gle/HzK4oJCL3XqB7gPdA" target="_blank" title="USA Consumer Privacy Rights Web Request Form" rel="noopener">USA Consumer Privacy Rights Web Form</a>,</strong></u> or call our toll-free number from the United States at 1 (888) 622-0767.</p>
<p>You also have the right to opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data. To opt-out, click on the “Do Not Sell or Share My Personal Information” link that appears at the footer of our website or turn on a recognized opt-out preference signal, such as<span> </span><span><u><a href="https://globalprivacycontrol.org/"><strong>Global Privacy Control</strong></a></u></span>, in your browser or extension. Please note that when you submit an opt-out, we do not know who you are within our systems, and your opt-out will only apply to personal data collected from tracking technologies on the specific browser from which you opt-out. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings.</p>
<p class="western">We will respond to your request within 45 days. If you have an account with us, we may require you to use the account to submit the request. We may require specific information from you to help us confirm your identity and process your request.</p>
<p class="western">You can designate an authorized agent to submit requests on your behalf. Requests must be submitted through the designated methods listed above. Except for opt-out requests, we will require written proof of the agent’s permission to do so and may verify your identity directly.</p>
<p class="western">If we refuse to take action on a request, you may appeal our decision within a reasonable period time by contacting us at privacy@society6.com and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint as follows:</p>
<ul>
<li>
<p>For Colorado residents, to the Colorado Attorney General at<span> </span><span><u><a href="https://coag.gov/file-complaint/">https://coag.gov/file-complaint/</a>.</u></span></p>
</li>
<li>
<p>For Connecticut residents, to the Connecticut Attorney General at<span> </span><span><u><a href="https://www.dir.ct.gov/ag/complaint/">https://www.dir.ct.gov/ag/complaint/</a>.</u></span></p>
</li>
<li>
<p>For Virginia residents, to the Attorney General at<span> </span><span><u><a href="https://www.oag.state.va.us/consumercomplaintform">https://www.oag.state.va.us/consumercomplaintform</a>.</u></span></p>
</li>
</ul>
<p> </p>
<p><strong>14. Security Measures and Storage Limits</strong></p>
<p>We provide industry-standard physical, electronic, and procedural safeguards to protect personal data we process and maintain. For example, we take reasonable measures to limit access to this data to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security for data we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Services and you do so at your own risk. We have also put in place procedures to deal with any personal data breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.</p>
<p class="western">Our retention periods for each category of personal information, including sensitive personal information, are based on our business needs and legal requirements. We retain personal information only for as long as is reasonably necessary for us to fulfill the purpose for which it was collected, and as otherwise to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. If we continue to retain your personal data in accordance with a legal obligation, any further processing of your data will be limited to compliance with such legal obligation.</p>
<p>Where required by Data Protection Laws, we shall delete your personal information when we are requested to do so. Even if we delete your personal information from our active databases, some or all of the personal information you provided may be required in order for the Services to function properly and it may remain in backup storage or records retention archival media (not to be used for any other purpose) until it is permanently deleted in accordance with our standard retention schedules.</p>
<p>To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal obligations.</p>
<p><strong>15. SMS Privacy Policy</strong><br>You may elect to receive text messages from us. When you sign up to receive text messages, we may send you information about promotional offers, cart reminders, and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you receive a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions.<br><br>All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.</p>
<p><strong>16. Updates to this Privacy Notice</strong><strong><br></strong></p>
<p>If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified Privacy Notice takes effect. If you continue using the Services after the modified Privacy Notice takes effect, the modified Privacy Notice will govern any further processing of your personal data.</p></div></div>