Privacy Policy

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account”: means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

“Content”: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cookie”: means a small text file placed on your computer when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site.

“Data”: means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

Realism First, LLC: means Realism First, LLC, DBA Penny Odonata DBA Art of the Ascendant, 418 E Broadway Ste R, Albany NY 12207

“Service”: means collectively any online facilities, tools, services or information that Realism First, LLC makes available through the Web Site either now or in the future;

“System”: means any online communications infrastructure that Realism First, LLC makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”: means any third party that accesses the Web Site and is not employed by Realism First, LLC and acting in the course of their employment; and

“Website”: means the website that you are currently using https://www.artoftheascendant.com and any sub-domains of this site (e.g. artoftheascendant.kinsta.cloud) unless expressly excluded by their own terms and conditions.

2. Data Collected

This Policy applies as between you, the User of this Web Site and Realism First, LLC the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.

Without limitation, any of the following Data may be collected:

  • 2.1 name;
  • 2.2 date of birth;
  • 2.3 job title & profession;
  • 2.4 contact information such as email addresses and telephone numbers;
  • 2.5 demographic information such as post code, preferences and interests;
  • 2.6 financial information such as credit / debit card numbers;
  • 2.7 IP address (automatically collected);
  • 2.8 web browser type and version (automatically collected);
  • 2.9 operating system (automatically collected);
  • 2.10 a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and
  • 2.11 Cookie information (see Cookie Policy).

Comments

Visitor comments may be checked through an automated spam detection service.

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Full details are available in our Cookie Policy. In brief:

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

Cookies

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day. Additional details are provided on our Cookie Policy page.

3. Our Use of Data

  • 3.1 Any personal Data you submit will be retained by Realism First, LLC for as long as you use the Services and Systems provided on the Web Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to one year.
  • 3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.
  • 3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security, see Clause 9 below.
  • 3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons:
    • 3.4.1 internal record keeping;
    • 3.4.2 improvement of our products / services;
    • 3.4.3 transmission by email of promotional materials that may be of interest to you;
    • 3.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

4. Third Party Web Sites and Services

Where we send your data

Realism First, LLC may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Realism First, LLC requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998.

If you request a password reset, your IP address will be included in the reset email.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

5. Changes of Business Ownership and Control

  • 5.1 Realism First, LLC may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
  • 5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.

6. Controlling Access to your Data

6.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

  • 6.1.1 use of Data for direct marketing purposes; and
  • 6.1.2 sharing Data with third parties.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

7. Your Right to Withhold Information

  • 7.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
  • 7.2 You may restrict your internet browser’s use of Cookies. For more information see Cookie Policy

8. Accessing your own Data

  • 8.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
  • 8.2 You have the right to ask for a copy of your personal Data on payment of a small fee.

9. Security

Data security is of great importance to Realism First, LLC  and to protect your Data we have put in place physical, electronic and managerial procedures to safeguard and secure Data collected online.

10. Changes to this Policy

Realism First, LLC reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations.

11. Contacting Us

If there are any questions regarding this privacy policy you may contact us at admin@artoftheascendant.com

TERMS AND CONDITIONS OF USE

The website from which you accessed this agreement (“the Website”) is provided to you subject to the following conditions. These terms are in addition to any other terms governing access to the Website. By visiting (in any manner) the Website you accept these terms and conditions (the “Terms of Service”). Please read them carefully. Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.

SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS

Special restrictions on a visitor’s license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.

Email addresses on this site are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.

APPLICABLE LAW AND JURISDICTION

Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.

RECORDS OF VISITOR USE AND ABUSE

You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

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