Privacy Policy

Last Modified: 09-26-23 
Purpose
Kelly Daugett Photography, LLC is committed to protecting your privacy and maintaining a quality online experience for our website users. 
This Privacy Policy describes the type of personal information we may collect from you or that you may provide when you visit KellyDaugettPhotography.com and our practices for handling, storing, and protecting that information as well as your rights in relation to your personal information and how you can contact us and supervisory authorities in the event you have questions about how we handle your personal information.
Privacy Policy Consent
Please read this Privacy Policy carefully and in its entirety before using our Website. If you do 
not agree with our policies and practices regarding your personal information and how we will treat it, your choice is to not use our Website. Your use of our Website constitutes your voluntary acceptance to be bound by this Privacy Policy, whether you have read it or have had the opportunity to read it and have chosen not to. 
This Privacy Policy applies to the information we collect:
 • On this Website.
 • In email, text, and other electronic messages between you and this Website.
 • [If you also advertise, include the following:] When you interact with our advertising on third party websites and services, if that advertising includes links to this Privacy Policy.
It does not apply to information that is collected by:
 • Us offline or through any other means, including on any other website operated by any third party (including our affiliates).
 • Any third party (including our affiliates) through any content (including advertising) that may link to or be accessible from (or on) the Website.
Children’s Online Privacy Protection Act (COPPA)
This Website and any products and services offered herein are not intended for persons under the age of 18. 
We prohibit children under the age of 18 from using any and all interactive portions of this Website, including leaving any comments, filling out forms, or otherwise submitting information. A child’s parent or guardian should contact us if we have inadvertently collected any information or content from that child without the parent or guardian’s authorization, so that we may delete that information from our records.
[COPPA imposes certain requirements on websites or online services directed at children under 13 years old, including the requirement that sites must require parental consent for the collection or use of any personal information from children. The General Data Protection Regulation (GDPR) requires parental consent for children under 16 years old.
If your site is directed at children under 18 years old, you will need to contact an attorney in your local area to discuss revisions to this section]
CAN-SPAM Act of 2003
We have taken the necessary steps to ensure that we are in compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003 and will not send misleading information. 
[The CAN-SPAM Act of 2003 sets forth requirements for your email marketing. It requires that you:
 • Don’t use false or misleading header information in your “from” and “reply” to sections of your emails
 • Don’t use deceptive subject lines
 • Identify that your message is an ad
 • Tell recipients where you’re located – by including a valid physical postal address
 • Tell recipients how to opt out from receiving future emails from you
 • Promptly honor opt out requests (i.e. within 10 business days)
Personal Information We Collect
The type of personal information we collect depends on how you are interacting with us. We generally collect the following categories of personal information:
 • Contact information, such as first and last name, email address, postal address, phone number, and other similar contact data;
 • Records and copies of your correspondence (including email address) if you contact us;
 • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website and we will use a third-party payment processor to process the payment. We do not collect your credit card or debit card number, expiration date, or pin number; 
 • Comments, feedback, questions and other information you provide to us;
 • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website;
 • Information about your computer and internet connection, including your IP address, operating system, and browser type. [OR] ; and
 • [list any additional personal information you collect]
[The CCPA and the California Privacy Rights Act (CPRA) apply to any for-profit business that does business in California and:
 • Has annual gross revenues that exceed $25 million;
 • Collects, buys, receives, sells, or shares the personal information of 100,000 or more consumers or households each year; OR
 • Derives 50% of its annual revenues from selling or sharing personal information.
See the definitions for “sale” and “sharing” referenced below in the How We Use the Information/Lawful Bases section.
The CPRA has defined “sensitive personal information” as follows:
 • Social Security, driver’s license numbers, state identification card, and passport numbers;
 • financial account, debit card, or credit card numbers in combination with required security or access codes, passwords, or credentials allowing access to an account;
 • account login in combination with required security or access codes, passwords, or credentials allowing access to the account;
 • precise geolocation (i.e., information used or intended to be used to locate a consumer within a geographic area equal to or less than approximately 1/8 square mile); 
 • information about racial or ethnic origin, religious beliefs, philosophical beliefs, or union membership; 
 • contents of consumers’ mail, emails, or text messages, unless the business is the intended recipient of that information;
 • genetic data;
 • the processing of biometric information for the purpose of uniquely identifying a consumer; and
Sources of Personal Information
We collect personal information from you as follows:
You provide personal information to us when you:
 • Subscribe to or purchase our products and/or services;
 • Complete a contact or information request form. [OR] ; and
 • [any additional ways a website user may provide you with their personal information]
We automatically collect personal information when you:
 • Visit, interact with, or use our Website;
 • Access, use, or download content from us; and
 • Open emails or click links in emails from us. [OR] ; and
 • [any additional ways you may automatically collect personal information from a website user]
We collect personal information for third party advertisers that use cookies on our Website to provide online behavior advertising. See the Interest Based Advertising section below.
How We Use the Information/Lawful Bases
We process personal information about you on one or more of the following bases:
 • To perform a contract; 
 • With your consent;
 • For our legitimate interests;
 • To comply with the law;
 • To protect someone’s life; and/or
 • Public task.
We process personal information to: 
 • Process and fulfill an order, download, subscription, or other transaction;
 • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
 • Respond to your requests, inquiries, comments, and concerns;
 • Notify you about changes to our Website or any products or services we offer or provide through it;
 • Send marketing emails;
 • Inform you of and administer promotions, contests, sweepstakes or surveys;
 • Help us address problems with and improve our Website; 
 • Protect the security and integrity of our Website;
 • Contact you for other business reasons, if necessary; and
 • Provide online behavioral advertising. 
[The CCPA/CPRA define “sale” of personal information as “selling, renting, releasing, disclosing, disseminating, making available, transferring or communicating orally, in writing, or by electronic or other means, a consumer’s personal information to another business or their party for monetary of other valuable consideration.”
The CPRA defines “sharing” as any disclosure of personal information (renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, or in writing, or by electronic or other means) to third parties for cross-contextual behavioral advertising whether or not for monetary or other valuable consideration.

We will not sell or share your personal information and have not done so in the last 12 months. 

Use of Cookies
“Cookies” are small text files that are placed on a computer or other device and used to identify the user or device and to collect information when you visit a website. Cookies may be set by the website you are visiting (also known as “first party cookies) or by third parties who provide advertising or analytics services on the website (also known as “third party cookies).
We use cookies for several different purposes.
[This Section should be revised to reflect what type of cookies you use, their purposes, a link to third parties who install cookies as well as a link to their opt out site. Cookies are typically assigned to one of four categories, depending on their function and intended purpose: absolutely necessary cookies, performance cookies, functional cookies, and cookies for marketing purposes. 
You’ll want to look into the cookies that you use on your website, including third-party cookies like Google Analytics, Google AdSense, Facebook Pixel, etc. so that you can disclose them here. You can visit the website for each optional third-party cookie that you use to obtain further information about the cookie’s function, what information it collects, and how your website user can opt out of it OR you can use a cookie tracking software that will scan your website and provide this information for you and you can hyperlink the resulting cookies page here. 
Such software is helpful because if you use cookies that track personal information, you will need to make sure that you are first obtaining your website viewer’s consent before they are activated under the GDPR by using a cookie opt-in – and the software should provide it.]
You can disable cookies through your web browser’s settings, but disabling this function may diminish your experience on our Website as some features may not work as intended. 

Interest Based Advertising
Our Website also allows third parties to collect certain personal information during your visit to the Website to provide interest-based advertising to you.
Website users may opt out of online behavioral advertising by:
 • Going to their account privacy settings in their browser and turning off personalization;
 • Going to the Digital Advertising Alliance’s opt out tool, http://optout.aboutads.info;
 • Going to the Network Advertising Initiative’s opt out tool, https://www.networkadvertising.org/choices; or
 • Going to https://www.youronlinechoices.com/, if you’re based in the EU.

Profiling
We use the personal information that we collect for profiling (i.e., automated processing of the information to evaluate certain personal aspects of a natural person to predict their behavior and make decisions regarding it) if it is authorized by legislation, if you have provided explicit consent, or if it is necessary for entering into or performance of a contract.
When profiling, we will provide you with further information about the logic involved, your right to obtain human intervention, the potential consequences of the processing, and your right to contest the automated profile.
 “Do Not Track” (DNT) Signals
Some browsers transmit Do Not Track (DNT) signals to websites. 
Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. 

How the Information is Shared
Depending on how you interact with us, we share information with our third-party service providers, agents and representatives, including, but not limited to, [1] eCommerce platform providers, payment processing providers, email service providers, IT service providers, security and software service providers, in order to process the information as necessary to complete a transaction, fulfill your request, or otherwise on our behalf based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
We also will disclose your personal information if we have a good faith belief that such disclosure is necessary to:
 • meet any applicable law, regulation, legal process or other legal obligation;
 • detect, investigate and help prevent security, fraud or technical issues; and/or
 • protect the rights, property, or safety of us, our Website, our users, employees, or others.
Our current third-party service providers include:
 • Honeybook
 • Flodesk

Information Retention
We retain your personal information for as long as necessary to fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements, or until such time as you let us know you would like for us to delete it or unsubscribe from our marketing contacts.


THESE RIGHTS ARE NOT GUARANTEED AND IT IS IMPORTANT FOR YOU TO CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU.
These rights may include the following:
Right
May Apply To
Right to disclosure/access (to know the personal information collected about you and request a copy)

Residents of California, Colorado, Utah, Virginia, Australia, Canada, the European Union and/or the European Economic Area, and the United Kingdom

Right to correct/rectification (to have your inaccurate personal information corrected)

Residents of California, Colorado, Connecticut, Canada, Australia, the European Union and/or the European Economic Area, and the United Kingdom

Right to erasure/deletion (to have all or some of your personal information deleted upon a verifiable request)

Residents of California, Colorado, Connecticut, Utah, Virginia, the European Union and/or the European Economic Area, and the United Kingdom

Right to nondiscrimination (the right to equal service and price even if you exercise your rights)

Residents of California and Virginia 
Right to opt out of sale of personal information
[INCLUDE THIS OPTION ONLY IF YOU SELL OR SHARE PERSONAL INFORMATION FOR THIS PURPOSE]

Residents of California, Colorado, Connecticut, Nevada, Utah, and Virginia
Right to opt out of use of personal information for the purposes of targeted advertising 
[INCLUDE THIS OPTION ONLY IF YOU RUN TARGETED ADVERTISING]

Residents of Colorado, Connecticut, Utah, and Virginia
Right to opt of use of personal information for profiling 
[INCLUDE THIS OPTION ONLY IF YOU ENGAGE IN PROFILING]

Residents of Connecticut 
Right to opt out of use of personal information for profiling in furtherance of decisions that produce legal or similarly significant effects
[INCLUDE THIS OPTION ONLY IF YOU ENGAGE IN PROFILING THAT HAS LEGAL OR SIGNIFICANT EFFECTS FOR YOUR WEBSITE USERS]

Residents of Colorado and Virginia
Right to limit use and disclosure of sensitive personal information
[INCLUDE THIS OPTION ONLY IF YOU PROCESS SENSITIVE PERSONAL INFORMATION FOR THIS PURPOSE]


Residents of California
Right to data portability (to have your personal information transferred to you or a third party in machine-readable format, where technically feasible)

Residents of Quebec, the European Union and/or the European Economic Area, and the United Kingdom
Right to data portability (to have your personal information transferred to you in a readily-usable format that lets you transmit that information to a third party)

Residents of California, Colorado, Utah, and Virginia 
Right to data portability (to have your personal information transferred to you in a readily-usable format that lets you transmit that information to a third party where processing is carried out by automated means)

Residents of Connecticut 
Right to withdraw consent (to withdraw your consent that we handle your personal information at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on your consent before its withdrawal)

Residents of Canada, the European Union and/or the European Economic Area, and the United Kingdom
Right to not identify yourself or of using a pseudonym 

Residents of Australia
Right to restriction of processing (to limit the purposes that your personal information may be used for)

Residents of the European Union and/or the European Economic Area, and the United Kingdom
Right to object (to object to the processing of your personal information in cases where our processing is based on direct marketing)

Residents of the European Union and/or the European Economic Area, and the United Kingdom
Right to stop unwanted direct marketing
Residents of the European Union and/or the European Economic Area, and Australia 

Right to complain (to lodge a complaint with competent authorities in the proper jurisdiction if you are not content with how we collect, share, and process your personal information)

Residents of Canada, Australia, the European Union and/or the European Economic Area, and the United Kingdom



These rights are not absolute and they do not always apply in all cases. We will honor your rights under applicable data protection laws.
CALIFORNIA CIVIL CODE SECTION 1798.83 (“SHINE THE LIGHT LAW”)
[As a note, businesses with less than 20 full time or part-time employees are exempt from the Shine the Light Law. See California Civil Code Section 1798.83(c)(1). If you fall within that exemption, you can delete this section dealing with the Shine the Light Law. If you do not fall within the exemption and have made disclosures of personal information to third parties who will use that personal information to solicit a purchase, rental, lease, or exchange of products directly to individuals by means of mail, telephone, or email then include this section.]
California Civil Code Section 1798.83 or the “Shine the Light Law” permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, see the Contact Us section below.
Exercising Your Rights
If you wish to exercise any of the rights specified above, please submit a request via email to:
Kellydaugettphotos@gmail.com
Please be sure to specify which right you want to exercise and provide us with enough information to verify your identity. If we cannot verify your identity, we may not be able to fulfill your request.

We will respond to your request within 30-45 calendar days of receipt, depending on where you reside. We will notify you in writing via email if we need more time to respond. 

We may deny your request if certain exceptions in the law apply. We will provide you the reason(s) for denial in writing via email.

Use and Transfer of Your Information Out of the European Economic Area (EEA) or Canada
This Website is operated in the United States and the third parties with whom we might share your personal information (as explained above) are also located in the United States or other countries located outside the EEA and Canada. 
If you are located outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this Website and/or providing your information, you consent to this transfer. 
Contact Us
If you have any questions, comments, complaints, or suggestions in relation to this Privacy Policy or our privacy practices, please contact us by email:
Kellydaugettphotos@gmail.com
Changes to this Privacy Policy 
The date this Privacy Policy was last revised is identified at the top of the page. It is our policy to post any changes we make to our Privacy Policy on this page. If we make any material changes to how we treat our Website users’ personal information, we will notify you of any such changes by email (if you have provided your email to us) and/or by a prominent notice displayed on our Website’s home page and updating the revised date of our Privacy Policy. We recommend that you check this Privacy Policy when you visit our Website to be sure that you are aware of our most current policy.
*NOTE THAT IF AT ANY TIME YOU CHANGE YOUR PRIVACY POLICY IN A WAY 
THAT AFFECTS THE PERSONAL INFORMATION YOU COLLECT, AFTER YOUR REVISED PRIVACY POLICY HAS BEEN POSTED TO YOUR WEBSITE IT IS RECOMMENDED THAT YOU NOT ONLY EMAIL YOUR EMAIL LIST SUBSCRIBERS BUT ALSO POST A NOTICE ON YOUR WEBSITE. IT IS ALSO RECOMMENDED THAT YOU KEEP RECORDS OF EACH VERSION OF YOUR PRIVACY POLICY*
Please also read our Terms and Conditions of Use.