Cookies & Privacy Policy

We, at Empyrean Arts, respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website(s) (https://empyrean-arts.com, https://deeper-still.com and https://kurtdasilva.photography), purchase our products or services, or engage with us on social media, as well as your own rights to the information we collect.

Please read this Privacy Policy carefully. Any changes to this Policy become effective immediately upon publication on our website(s), and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website(s) for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website(s) after the revised Privacy Policy is posted.


Information that we collect

We collect a variety of information from you when you visit our website(s), make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:


Personal Data

Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website(s). You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website(s) or from making purchases.  


Derivative Data

Derivative data is information that our servers automatically collect about you when you access our website(s), such as your IP address, browser type, the dates and times that you access our website(s), and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.  

Financial Data


Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website(s) and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processor, CCAvenue & PayPal, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data.


Social Networking Data

We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat, Pinterest or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.


Mobile Device Data

If you use our website(s) via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

Other data

On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.


Mobile Application Information

If you connect to us using a mobile application, we may request geolocation information, which includes permission to track your mobile device, in order to provide you to location based services. We may also request access to certain features on your device, including your device’s calendar, camera, contacts, social media accounts, bluetooth, and storage. We may also send you “push notifications” regarding your account or our mobile application. If you wish to change our access to any of this information, you may do so by changing your device settings.


How we use your information

You information allows us to offer you certain products and services, including the use of our website(s), to fulfil our obligations to you, to customise your interaction with our company and our website(s), and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website(s) or mobile app).

Specifically, we may use the information and data described above to:
Create and administer your account; and
Deliver any products or services purchased by you to you; and
Correspond with you; and
Process payments or refunds; and
Contact you about new offerings that we think you will be interested in; and
Interact with you via social media; and
Send you a newsletter or other updates about our company or website; and
Deliver targeted advertising; and
Request feedback from you; and
Notify you of updates to our product and service offerings; and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalised to you, so that future interactions with our website will be more personal; and
Compile anonymous statistical data for our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on our website or mobile app; and
Analyse trends to improve our website and offerings.

Why we disclose your information

We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website(s), administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website(s), and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.  

The following are specific reasons why we may share your information.


Third Party Processing

We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third Party Processing” Section below.

By Law


We may share your data as required by law or to respond to legal process or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

We may use your information to protect our interests, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

Advertisers


We may use third party advertising companies to run and manage our ads to produce ads that appears when you visit our Website(s) or mobile app. These companies may use information about your visit to our website(s) and other website(s) that are contained in web cookies (as described below) to offer you personalised advertisements about goods and services that might interest you. We cannot control the activities of, such other advertisers or websites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.


Other Third Parties

We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.


Interaction with others

If you interact with others on our website(s) or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.


Online postings

When you post online, your posts may be viewed by others, and we may distribute your comments outside our website(s).

External Links


Our website(s) may include hyperlinks to other website(s) not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the website(s) of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website(s) that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party website(s) before interacting with them or making purchases. They may collect different information and in different methods than we do. 


Other purposes

We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our brand.


Tracking technologies


Cookies, Log Files and Web Beacons


Like many other Websites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyse trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.


What's a cookie? 


A "cookie" is a piece of information, small text file that is stored on your computer's hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes. 
Cookies are used by nearly all websites and do not harm your system. If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site(s). 


How do we use cookies? 

We use cookies to track your use of our website(s). This enables us to understand how you use the site and track any patterns with regards how you are using our website(s). This helps us to develop and improve our website(s) as well as products and / or services in response to what you might need or want. 

Cookies are either: 


Session cookies: 

These are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or 

Persistent cookies: 

A persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics.

Cookies can also be categorised as follows: 

Strictly necessary cookies: 

These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website(s) cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet. 


Performance cookies: 

These cookies enable us to monitor and improve the performance of our website(s). For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular. 

Functionality cookies: 

These cookies allow our website(s) to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.


Most browsers are set to accept cookies by default. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies from your browser settings, please note that some parts of our website(s) may become inaccessible or not function properly. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. By continuing to use our website(s) and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.

We use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website,(s) for personalisation, for security, for targeted advertising, or for analysis of the performance of our website(s) and services. For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyse general trends and use, and to customise your interaction with our website(s).

In addition, we may use third-party software to post advertisements on our website(s) or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies.

Website Analytics

We may partner with third party analytic companies, including Wordpress Analytics, Google Analytics, Instagram, and Facebook etc. The analytic companies may also use cookies or other tracking technologies to analyse visitors’ use of our website(s) or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third party vendors. However, in order to access our website(s), you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

Processing your information


For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when CCAvenue or PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.

However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfil the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our brand, our customers (including you), and any third parties. We may process the following data: 

Data associated with your account, such as your name, address, email address and payment information
Data about your usage of our website(s), such as your IP address, geographical information, and how long you accessed our website and what you viewed.  
Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.
Data that you provide us in the course of using our services.
Data that you post on our website(s), such as comments or responses to blogs.
Data that you submit to us when you make an inquiry regarding our website(s) or offerings.
Data related to your transactions with us, including your purchase of our products or services. This information may include contact details and payment information.
Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
Data that you submit to us via correspondence, such as when you email us with questions.
Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.


International data

Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.

Data retention


We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analysing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.   

You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data.


Security of your information


We take all reasonable steps to protect your personal data and keep your information secure. We use recognised online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.

By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.

We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.


Children

This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.


Your rights

You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.


Update Account Information: 

You have the right to update or change any information you have provided to us. To update or delete your information, please contact us using our website(s) contact form(s).


Confirm Personal Data and Its Use: 

You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.  


Change Consent:

You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website(s).


Request a Copy of Data:

You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.


Transfer Your Data: 

You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.


Delete All Data:

You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website(s).  


Emails And Communications:

You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at info@empyrean-arts.com


Marketing Communications

You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at info@empyrean-arts.com


Processing

You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website.  

Complaints


You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy.

If you are under the age of 16, you have the right to request that we remove any data that you publicly post on our website(s). To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.


Newsletter Privacy

We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.


Severability

If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.


Entire Agreement


The information contained herein constitutes the entire agreement between our website(s) users and us relating to the use of our website(s).


Law and Jurisdiction

These Cookies and Privacy Policy are governed by and construed in accordance with Indian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Mumbai, India.

Contact Information


Name: Kurt daSilva
Tel: +91 80801 01612
Email: Use Website contact form or info@empyrean-arts.com
Business Address: B-403, Dharmendra CHS, Holy Cross Road, I C Colony, Borivali West, Mumbai 400103, Maharashtra, India.

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Frequently Asked Questions

+ I cannot find the service I require listed on the website: Feel free to write us at info@empyrean-arts.com or direct message us and we would be happy to help.

+ How does Product Photography work: On enquiry, we send across the detailed process mapping for this service including shipping to our studio, returns, digital download portal etc.

+ How long will my project take to complete: We provide an estimated timeline at the onset of every project. General turnaround time is 2 - 3 weeks depending upon the services required however we depend on your timely information being provided to us.

+ What is the pricing for Services: Post your enquiry, during the complimentary strategy consultation, we help you identify services best suited to your need & share associated pricing.

+ Do you offer Payment Plans:  Yes, for all custom design projects, write to us for further details.

Empyrean Arts is  a design and branding studio specialising in product photography, custom logo, business branding, graphic and web design for entrepreneurs, non-profits and businesses worldwide!

em·​py·​re·​an meaning the highest heaven, thought by the ancients to be the realm of pure fire.

@EMPYREANARTCO