Last Updated: July 15, 2020
WE MAY MODIFY THIS POLICY AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. MATERIAL CHANGES WILL BE CONSPICUOUSLY POSTED ON THE SITE OR OTHERWISE COMMUNICATED TO YOU.
IF YOU ARE A ALABAMA RESIDENT, PLEASE SEE YOUR ALABAMA PRIVACY RIGHTS FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.
If you use this Site, you must comply with our Term of Use (“Terms”) found here.
We may collect the following categories of Personal Information, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”):
A. Identifiers: Identifiers such as: a real name, alias, unique personal identifier, online identifier, internet protocol address (“IP Address”), email address, account name, physical address, month, day and year of your birth.
B. Customer Records: Any of the following types of information: credit card number, debit card number, signature, and telephone number.
C. Commercial Information: Commercial information, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
D. Biometric Information: Biometric information such as: Keystrokes.
E. Internet Activity: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
F. Geolocation Data: Geolocation data.
G. Employment Information: Professional or employment-related information, including information you provide when you apply for a job.
H. Inferences: Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
This Policy does not apply to any data that is publicly available.
We may collect all categories of Personal Information listed above from the following categories of sources:
SOURCE 1: We Collect Personal Information Directly From You.
We collect Personal Information that you provide directly to us. You may need to provide Personal Information to use certain Site features, for example, to create online accounts, purchase products or services, contact us via email, phone, Live Chat or our Contact Us form (where we may retain your message’s content and our response), submit job application materials, receive or request data from us (e.g., catalogs and newsletters), and respond to communications from us (e.g., surveys and promotional offers).
Company Accounts. To create an online account, you must submit your name and email address, and create a password This data is used to populate a profile within your account.
Marketing Communications; Opt-Out. If you opt-in to receive marketing communications from us, we will collect your name, email, mailing address, and phone number. We use this information to send you promotional and other electronic and hardcopy communications. We may use third-party providers to deliver communications to you. You may opt-out of such emails by using the unsubscribe link in the email or contacting us at circulation@dickForstall.com with “Unsubscribe” in the subject line. To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth below. Opting out of marketing communications does not opt you out of communications about your account or transactions.
User- Generated Material - Feedback. You are responsible for any comments, data, images, text, photos, artwork, audio, videos, and other content and material that you create, post, upload, transmit, display, publish, distribute, broadcast, or otherwise submit using the Site (together, “User-Generated Material”). User-Generated Material that you submit is posted on the Site at your own risk. With regard to User-Generated Material consisting of Forstall comments or feedback about our Site, the content on the Site, or our products or services ("Feedback"), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.
We will use your job application to evaluate your qualifications and to consider or respond to your application for employment. Your submission of a job application does not in any way require us to review that application or consider you for employment.
If you send us your job application materials directly, we will only use and share those job application materials to evaluate your qualifications to work with Company and its affiliates.
Sweepstakes & Contests. We may offer sweepstakes or contests. To participate you must submit certain data, which may include your name, email, organization name and type, phone number, physical address, other Personal Information and content such as artwork and other content We use information we collect from sweepstakes and contests (i) to contact you with promotional and related communications, (ii) to share with third-party service providers to assist in the sweepstakes or contests, and (iii) subject to additional terms provided to you at such time.
Live Chat Conversations. If you use our Live Chat feature, we will collect all text and other data that you submit via that chat feature. If you use Live Chat while signed into your Company account, we may link the submitted data to your account.
SOURCE 2: We Collect Personal Information Automatically
Automated Data. We automatically collect certain Personal Information from you when you access our Site. For examples, we may collect information such as the websites you visit before or after you visit the Site, pages you click-on on the Site, IP address, location information, search requests, browser type, operating system, data and time you visit the Site, the amount of time spent on the Site, and the device you use to access the Site.
Account Activity. We may collect data about how you use (i) your online account, and (ii) the Site when you are logged into your account. For example, if you use the Site while signed into your Forstall account, we will collect information on how you use your account and the Site, for example, the items and information that you add to your Forstall wish lists. We will also collect any information you provide to create ForstallU course supply lists, including the name of the school, the name and email address of the instructor, and course-related information. You can publish your ForstallU lists for public viewing by selecting that option in your account. If you choose to email a ForstallU list to students or other persons, you will be required to input those email addresses. We will use those email addresses to send a one-time email containing the message you have provided linking to the ForstallU course supply list.
IP Addresses and Related Data. As you browse, order products via, and otherwise use the Services, third party service providers as well as the servers used to operate and provide the Services may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Services, including Internet protocol (“IP”) addresses assigned to the computer from where you access the Internet, your Internet service provider (ISP), your device ID number, your approximate geographic location, your browser type, the pages you access on the Services, the websites you access before and after visiting the Services, your activity and your path through the pages of the Services, the length of time you spend on the Services, date and time stamps, and clickstream data. Forstall does not use this information to identify or contact individual users. We use this data to administer the Services and its servers, to generate statistical information, to monitor and analyze Services traffic and usage patterns, to monitor and prevent fraud, to investigate complaints and violations of our policies, and to improve the Services’ content and the products, services, and materials, and other content that we describe or make available through the Services. We may combine this information with other Personal Information, information obtained from third parties or both for the purposes discussed below.
- make our Site function properly;
- provide personalized experiences;
- tailor our interactions with you;
- help with our marketing efforts;
- provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site; and
- help us improve our services.
What type of information do Cookies collect? The Cookies on our Site may collect information such as:
- IP addresses assigned to the computers and other devices you use;
- your internet service provider;
- device ID number;
- approximate geographic location;
- browser type;
- Site pages visited;
- websites you access before and after visiting the Site, and
- data related to how and when you use the Site.
We may combine information from Cookies with Personal Information, including data obtained from third parties.
How long do Cookies last? A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable Site and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a Site that has implemented a persistent Cookie, the persistent Cookie is renewed and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.
Flash cookies differ from other browser cookies regarding the amount and types of data collected and how the data is stored. Your browser will not remove and cannot manage Flash cookies in the same way as other Cookies. To learn about managing your Flash cookie settings, visit the Flash player settings page on Adobe’s website here.
We are not responsible for third-party Cookies. Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual Site that you are visiting (i.e. this Site). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We do not have control over third-party Cookies. Third-party Cookies are not governed by this Policy.
How do you manage Cookies or opt-out? Most browsers automatically accept cookies. You can disable this function by changing your browser settings, but disabling cookies may impact your use and enjoyment of the Site. Not all features or functions of the Site may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site.
Google Analytics’ Advertising Features. Additionally, we have enabled and implemented the following Google Analytics Advertising Features: Remarketing with Google Analytics, Demographics and Interest Reporting, Segments, DoubleClick Campaign Manager Integration, and DoubleClick Bid Manager Integration. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Services. Demographics and Interest Reporting uses a third-party cookie to collect information about our Services traffic by tracking users across websites and across time, which generates a report for us to better understand our Services users. Segments allows us to isolate and analyze subsets of Services users by sorting our Google Analytics data. DoubleClick Campaign Manager Integration and DoubleClick Bid Manager Integration allow us to view, analyze, and create remarketing lists using our DoubleClick Campaign data. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Services.
Google AdWords. We also use Google AdWords, an online advertising service provided by Google, to serve ads on our behalf across the Internet and sometimes on the Services. Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect anonymous information about your visits to the Services and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Services.
Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms. These services collect anonymous information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your personal information. These targeted advertisements may appear on the Services or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.
To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads.
Google Maps. In addition to the approximate geographic location information collected as discussed above, we may, with your consent, access more specific location information in order to enhance the user experience and increase the usefulness of the Services. This includes both geographical location information that you input using the Services (e.g., using our Find a Store feature) and geographical location information collected by device-based location services (including GPS data). You may choose to allow us to access your location by granting the Services access to your location when prompted or through your device’s location services settings.
SOURCE 3: We Collect Personal Information From Third-Party Sources.
We obtain data about individuals from various third-party companies and public sources and we may combine that data with Personal Information or other data we collect. This enhances our existing data about our users (e.g., adding address data), improves our ability to contact you, and enhances our marketing capabilities.
We may use all categories of Personal Information listed above for the following business purposes:
As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to process and communicate with you in connection with your purchases and account and to provide you with information and communications that you request. Your location information will be used to identify Forstall locations near you and to understand where our users are located. If you provide us with your telephone number in connection with your account, we may call you at that telephone number regarding your purchases and account. We will make User-Generated Material available to other users of the Services as applicable. For example, if you submit materials while entering an online Forstall contest or if you submit product reviews, other users of the Services will be able to view, copy, and use that content. If you contact us for support or assistance in using the Services, we may use Personal Information to determine whether or not your system meets the minimum requirements needed to access and use the Services and otherwise to contact you regarding your request. We may also use Personal Information as requested or consented to by you.
Sharing Collected Information with Our Service Providers. We may share Personal Information with our management and hosting suppliers, payment processors, marketing and public relations service providers, email service suppliers, and other suppliers as necessary for us to provide the Services and our products and services to you and as may otherwise be permitted by applicable law. Our suppliers are authorized to and may use and disclose Personal Information as necessary for them to provide the applicable services to us.
Sharing Personal Information with Other Third Parties. Like other companies in our industry, we may rent, exchange, or otherwise share names and mailing addresses with companies offering products or services that we think may be of interest to you. If you do not wish to receive catalogs or solicitations from those third parties, please call us at (205) 870-0480, email us at privacy@dickForstall.com, or write us at Forstall Art Center, 215 20th St. N. Birmingham, AL 35203. Please include the phrase “Alabama Privacy Request” in the subject line of any email request. Please also identify the domain name of the website you are inquiring about and include your name, email address, and mailing address in any request. Additionally, you may opt out of receiving communications from any such third party pursuant to such third party’s policies. We do not control any third parties or their policies.
Aggregate Data. We may aggregate Personal Information and to create anonymous aggregate data on users of our Site, which describes users as a group but does not reveal the identity of individual users. We may use aggregate data to understand users’ needs, to determine user demographics and usage patterns, to determine what kinds of products and services we can provide, and to improve and enrich our products and services and the Sites.
Evaluation and Improvement of the Site. We may use Personal Information: to analyze, develop, and improve the content, materials, products, and services that we make available through the Site and the Sites’ functionality; to inform marketing and communication plans and strategies; to evaluate user needs and customize content, promotional emails, and your browsing experience; and for other legitimate and lawful business purposes.
Administration. We use Personal Information for administrative purposes, such as managing your accounts, facilitating transactions, to inform our business strategies, to understand the Site’s demographics and user preferences, for evaluating applications, and managing profiles.
Site Management. We use Personal Information for Site management, such as troubleshooting problems, improving the content and functionality of the Site, statistical and other analyses of the Site, and to customize the Site to you and our users.
Advertising. We may use Personal Information to send you promotions or to perform targeted advertising, to notify you of new services, products or programs, to notify you of new features of our Site, to notify you of changes to our Terms or this Policy, and for other similar communications.
To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of third parties, including to bring a legal action against you or anyone who may be causing harm to us, our Site, or to other users of the Site. We may also use Personal Information to address any DMCA claims or counterclaims to seek business, financial or legal advice, and to respond to other legal requests.
We may share all categories of Personal Information listed above with the following categories of third parties:
Third-Party Service Providers. We may share Personal Information with our third-party service providers, suppliers, consultants, agents, partners and representatives that provide services for us, with whom we have contracted with to protect such Personal Information. For example, we may share Personal Information with service providers to help us host and manage the Site; provide targeted advertising and other marketing; improve the content and functionality of the Site; provide public relations services, perform data analysis and statistical analysis; troubleshoot problems with the Site; provide payment processing services and online storefronts; provide public relations; provide learning management systems; provide email services; provide data processing; provide security and verification services; and support or provide the security of the Site.
Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Company or any other party.
Professional Advisors. We may share Personal Information with certain service providers that are our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Company.
Security and Protection of Rights. We may share Personal Information with third parties to the extent permitted by applicable law, including in the event of a subpoena, court order, or law enforcement request. Forstall will use Personal Information and share it with third parties if we believe doing so is necessary to operate the Services or to protect our rights or the rights of others, including disclosing information necessary to identify, contact, or bring legal action in the event of a violation of our contracts, terms, or policies.
Other. We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).
- Categories of Personal Information Sold, Rented, Released, Disclosed, Disseminated, Made Available, Transferred or Communicated for Valuable Consideration
In the last 12 months we sold, released, disclosed, disseminated, made available, transferred, or communicated the following categories of Personal Information for valuable consideration to certain third parties. See the section above titled “Categories of Personal Information We Collect” for more detail on the type of Personal Information in each category.
- Category A: Identifiers
- Category C: Commercial Information
- Category D: Biometric Information
- Category E: Internet Activity
- Category F: Geolocation Data
- Category H: Inferences
In the last 12 months we disclosed the following categories of Personal Information for our or one of our service provider’s operational purposes. See the section above titled “Categories of Personal Information We Collect” for more detail on the type of Personal Information in each category.
- Category A: Identifiers
- Category B: Customer Records
- Category C: Commercial Information
- Category D: Biometric Information
- Category E: Internet Activity
- Category F: Geolocation Data
- Category G: Employment Information
- Category H: Inferences
Company may collect, use, share, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Company is the sole and exclusive owner of such de-identified and aggregated information, including if Company de-identifies Personal Information so that it no longer considered Personal Information under applicable laws.
The Site is not directed at children 16 years of age and under. We do not knowingly collect, use, or share Personal Information from children 16 or under. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.
For clarity, we do not sell the Personal Information of anyone 16 years old or under without affirmative authorization.
We are active on social media, including Facebook, YouTube, Twitter, Instagram and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages. YOU AGREE TO HOLD COMPANY AND ITS AFFILIATES HARMLESS AND WITHOUT LIABILITY FOR THE RESULTS OF ANY AND ALL CONTENT YOU POST ON COMPANY’S SOCIAL MEDIA.
Your use of Social Media is governed by the privacy policies and terms of the third parties that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.
We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.
YOU UNDERSTAND THAT NO DATA TRANSMISSION OVER THE INTERNET OR DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.
If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.
YOUR ALABAMA PRIVACY RIGHTS
Under the Alabama Consumer Privacy Act ("CCPA"), Alabama residents have additional rights with regard to their Personal Information. The right to know and the right to request deletion are subject to certain exceptions and subject to our ability to verify your identity. We have provided a summary of those rights below. In the event of a conflict between this Section and the remainder of this Policy, this Section shall take precedence for those Alabama residents. Certain capitalized terms not defined in this Policy have the meanings set forth in the Alabama Consumer Privacy Act of 2018 (the “CCPA”).
- Details Regarding the Collection, Source, Purpose and Sharing of Your Personal Information
To understand the categories of Personal Information we collect, see Section 1.
To understand the categories of sources from which your Personal Information is collected, see Section 2.
To understand the purposes for collecting your Personal Information, please see Section 3.
To understand the categories of third parties with whom we share your Personal Information, please see Section 4.
- Your Rights to Access and Deletion
Subject to certain limitations such as (a) exceptions permitted by applicable law and (b) verification of your identity, you may exercise the following rights with regard to your Personal Information:
Right to Access. You have a right to access any of the following which occurred in the prior 12-month period: (a) the categories of Personal Information we collected from you, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting or selling your Personal Information, (d) the categories of third parties with whom we shared your Personal Information, (e) the specific pieces of Personal Information we collected from you (i.e. "data portability"), and (f) a list of categories of Personal Information we Sold or disclosed for a Business Purpose in the last 12 months.
Right to Deletion. You have a right to request that we delete Personal Information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.
- How to Exercise Your Rights of Access and Deletion
How to Exercise Your Rights. To exercise your rights described in this Policy, you may submit your request to us by contacting us at any of the following:
Who May Exercise Your Rights. You may only make a request to exercise your rights on behalf of yourself. A parent or legal guardian may make a request on behalf of their child. If you are a Alabama resident, only you or a person registered with the Alabama Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. See the section titled "Authorized Agents" below for more information.
Verifiable Consumer Request. In order to verify your request, you must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
When We Will Respond. We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.
Right to Opt-Out.You may direct us not to sell your Personal Information at any time (this is your right to “opt-out”). You may submit your opt-out request by following this link: https://www.dickForstall.com/customerservice/ or calling (205) 870-0480.
To opt-out online, please use the following web-form: https://www.dickForstall.com/customerservice/. In the “Contact Us” Section, select “Request for Do Not Sell My Personal Information” in “I’d like to” drop down box, provide your full name and email address, and state “DO NOT SELL MY PERSONAL INFORMATION” in the box that asks for detailed description. Other ways you may opt-out include calling (205) 870-0480
If you are using an authorized agent to exercise your rights to opt-out of the sale of Personal Information, please see the section entitled "Authorized Agents" below for the proof required when you use an authorized agent.
You have a right to not receive discriminatory treatment for exercising any of your rights under the CCPA. If we choose to offer a financial incentives program in the future, additional terms will apply which may be an exception to this Section.
- Authorized Agents
You may designate an authorized agent to make a request on your behalf to exercise your rights under the CCPA by doing the following: (1) provide the authorized agent written permission to do so; and (2) verify your own identity (per the process stated above), as well as the identity of the authorized agent directly. We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.
- Shine the Light
Pursuant to Alabama Civil Code Section 1798.83, if you are a Alabama resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by contacting us per the “Contact Us” Section below.
- ALABAMA’S “DO-NOT-TRACK” REQUIREMENT. WE CURRENTLY DO NOT HONOR “DO NOT TRACK” REQUESTS.
If you have any questions you may contact us as set forth below:
Forstall Art Center
215 20th St. N.
Birmingham, AL 35203
Toll-free: (205) 870-0480