PRIVACY POLICY:

Last updated: May 23, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Cayla Mrnik, LLC, 3941 E HAMMOND AVE. CUDAHY, WI 53110.

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Country refers to: Wisconsin, United States

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Service refers to the Website.

  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to Cayla The Painter Website, accessible from https://caylathepainter.com/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected:

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address

  • First name and last name

  • Phone number

  • Address, State, Province, ZIP/Postal code, City

  • Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies on the Privacy Policies website article.

We use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies

    • Type: Session Cookies

    • Administered by: Us

    • Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

  • Cookies Policy / Notice Acceptance Cookies

    • Type: Persistent Cookies

    • Administered by: Us

    • Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

  • Functionality Cookies

    • Type: Persistent Cookies

    • Administered by: Us

    • Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation

  • Protect and defend the rights or property of the Company

  • Prevent or investigate possible wrongdoing in connection with the Service

  • Protect the personal safety of Users of the Service or the public

  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: Caylathepainter@gmail.com

COPYRIGHT NOTICE:

All content of this site is © Copyright of Cayla Mrnik, LLC, unless otherwise stated.

Sole copyright to the website content, associated artworks, images, and prints are fully retained by the artist, Cayla Mrnik of Cayla the Painter / Cayla Creations. Any unauthorized reproduction or commercial use is in violation of U.S. copyright law. Commission or purchase of an original painting or print DOES NOT transfer the copyrights unless by express permission of the artist in a written agreement for permitted use. The artist, Cayla Mrnik, reserves the right to create printed reproductions of her original works for sale.

This includes but is not limited to works posted on social media accounts e.g. Instagram, TikTok, Facebook, YouTube, Linked In, and/or Pinterest, and all other forms of media under Cayla Mrnik’s profiles.

TERMS & CONDITIONS:

LIVE EVENT/WEDDING PAINTING

CANCELLATION POLICY

The client(s) may cancel their Live Event/Wedding Painting Contract at any time up to 30 days before the day of the event, as outlined in their contract. To do so, the client(s) must send a written cancellation notice via e-mail to caylathepainter@gmail.com. The client(s) hereby forfeits their initial deposit in case of cancellation. Should the client(s) cancel their contract within 30 days leading up to the event, they agree to pay the full amount of the services listed in their contract, or should they have already paid, they are non-refundable.

RESCHEDULE POLICY

The client(s) may reschedule the date of the event, ceremony, and/or reception listed in their Live Event/Wedding Painting Contract no later than 30 days prior to the event/ceremony date with the written approval of Cayla Mrnik. If Cayla Mrnik cannot accommodate the client’s rescheduled date, the client(s) will not be held responsible for the remaining balance of this Live Event/Wedding Painting Contract but will forfeit their initial deposit.

LIABILITY

If Cayla Mrnik of Cayla Creations should be unable to provide the goods and services outlined in the Live Event/Wedding Painting Contract for any reason(s), Cayla Mrnik agrees to refund any fees paid by the client(s), minus the applicable expense and shall have no further liability with regard to the contract. The sole remedy for any actions or client(s) resulting from Cayla Mrnik’s inability to deliver the goods and services listed in the contract shall be limited to a refund of monies paid by the client(s) to Cayla Creations.

PRICING

Any additional goods or services not included in a client(s) Live Event/Wedding Painting Contract will be sold at Cayla Mrnik’s current rates. Cayla Mrnik makes no pricing guarantees outside the terms of any contract. Client(s) will acknowledge that prices for additional goods or services are subject to change suddenly and without notice.

RESPONSIBILITIES

Cayla Mrnik will be the sole and exclusive live painter for the event. Cayla Mrnik is responsible for bringing any equipment or assistants necessary to conduct the services outlined in any client(s) contract.  

HARASSMENT

The client(s) acknowledge that they are responsible for ensuring appropriate behavior by their guests and other vendors. In the event that Cayla Creations identifies any inappropriate, threatening, hostile, or otherwise offensive behavior directed at them, their assistants, or their equipment, Cayla Creations reserves the right to end coverage of the event, retain all fees paid by the client(s), and hold no further responsibilities to the client(s).

Cayla Creations agrees to notify the client(s) of the above-listed behaviors and allow them to correct such behaviors or remove the offending individual(s) from the venue before ending event coverage.

COVERAGE

Cayla Creations will provide the goods and services listed in the Live Event/Wedding Painting Contract, including event coverage for the listed hours at the venue(s). If additional work is needed/requested for the painting, the client(s) agree to pay the hourly studio rate of $72.00.

MODEL RELEASE

The Live Event/Wedding Painting Contract serves as a model release. This grants Cayla Creations the right to use all images or footage taken at the event of the venue, guests, client(s), the painting, and the painting process without restriction for advertising, portfolios, and other lawful purposes. The client(s) waive the right to inspect any images or products using the images or footage from the event in the contract and the right to restrict the use of the images or footage from the listed event by Cayla Mrnik of Cayla Creations.

PHOTOGRAPHY

CANCELLATION POLICY

Photography sessions are non-refundable but are transferrable once.


SENSITIVE CONTENT

This website and its content are directed at people over 18 years of age. All users agree that they are 18 years of age or older.

POSTAGE POLICY

TERMS OF SERVICE

Cayla Mrnik of Cayla Creations cannot be held responsible for items lost in transit.
Once your item(s) has been dispatched, Cayla Mrnik is not responsible for delays in shipping.

Please note that delivery of your package relies on how fast it passes through transit.

If your package does not arrive, we can come to an agreement for a second package to be sent, for a discounted price, at the buyer's expense.

RETURN POLICY

For any returns to be considered, you must first make a written request to Cayla Mrnik at caylathepainter@gmail.com, which will then be handled on a case-by-case basis and at the buyer's expense.

CARE INSTRUCTIONS:

PRINTS/ORIGINALS

Only a certain number of prints are printed to maintain the value of fine art prints. Originals are unique, one-of-a-kind works that are the only ones in existence and therefore reflect the retail price associated with them. Here you can find details about your editions/pieces.

PRINT CARE ADVICE 

Handle as little as possible. When handling, wash your hands and wear gloves to eliminate fingerprints and oils transferring from your skin. Preserve your print(s) in its plastic packaging until it is framed. Keep away from dust and frame as soon as possible. Try to keep away from direct sunlight in order to keep the colors vibrant and prevent fading.

ORIGINALS CARE ADVICE 

Take great care when handling your painting. Make sure your hands are clean and wear gloves to eliminate fingerprints and oils transferring from your skin. If you can, it is best not to touch the face of the painting - handle it by the frame. When finding a home for your new work of art, hang it out of direct sunlight since this will prolong the life of your painting. Sunlight will prematurely age your painting and fade the painting’s vibrant colors.

FRAMING PRINTS/ORIGINALS

Professional, acid-free framing behind museum glass will keep your art in optimum condition - however, this can be a considerable investment. Alternatively, beautiful frames can be purchased at your local JoAnn’s (or a comparable store) for a more reasonable price.