Privacy Policy

☞ Last updated: January 1^st, 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 a view to fostering Your ongoing use of the Service in an informed and comfortable manner, welcoming and encouraging open communication about these things as they concern You.

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 Jono Borden: A Pornucopia of Degenerate Art™.
• 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 Canada.
• 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 Jono Borden: A Pornucopia of Degenerate Art™, accessible from https://jonoborden.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. You can learn more about Cookies here.

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.

Your Rights

If You are located in certain parts of the world, including some US states and countries that fall under the scope of the European General Data Protection Regulation (a.k.a. the “GDPR”), and beyond, You may have certain rights regarding Your personal information, like the right to request access to or deletion of Your data. Meeting regulatory requirements for compliance is Our priority, and Our obligations, as with Your protections, will vary depending on Your location in relation to accessing the Website, which might not be hosted in Your own country, although accessible to You wherever You happen to be using it.

The Website’s Country of origin is Canada, while its content is hosted in the United States, with the various vendors providing its Service located in those places and elsewhere.

Without limiting the scope or effect of any, or others not listed or described here, these are several, though not all, of the major international data policies with which We comply when You access the Website, and under which You have certain rights, protections, and options as applicable when using it: the European Union’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Brazilian General Data Protection Law (LGPD), the United Kingdom’s Privacy and Electronic Communictions Regulations (ePrivacy/PECR) and Information Commissioner’s Office (ICO), the French Commission nationale de l’informatique et des libertés (CNIL), the Nevada Privacy Law (SB-220), Thailand’s Personal Data Protection Act (PDPA), the Canadian Privacy Act (PA) and Personal Information Protection and Electronic Documents Act (PIPEDA), the Nova Scotia Personal Information International Disclosure Protection Act (PIIDPA), and more, as nations, their internal national, regional, and other jurisdictions, develop legislation, regulations, policies, enforcing departments, agencies, organizations, and offices governing online interactions and uses of the data generated by Your use of the Website, whenever and wherever that happens to be.

Online privacy is an evolving area of law with implications as much at home as abroad.

European General Data Protection Regulation (GDPR)

If You are located in a country that falls under the scope of the GDPR, data protection laws give You certain rights with respect to Your Personal Data, subject to any exemptions provided by the law, including the rights to:

• Request access to Your Personal Data;
• Request correction or deletion of Your Personal Data;
• Object to Our use and processing of Your Personal Data;
• Request that We limit Our use and processing of Your Personal Data; and
• Request portability of Your Personal Data.

You also have the right to make a complaint to a government supervisory authority.

US Privacy Laws

Laws in some US states, including California, Colorado, Connecticut, Utah, and Virginia, require Us to provide residents with additional information about the categories of personal information We collect and share, where We get that personal information, and how and why We use it. You’ll find that information in this section (if You are a California resident, please note that this is the Notice at Collection We are required to provide You under California law).

In the last 12 months, We collected the following categories of personal information, depending on the Services used:

• Identifiers (like Your name, contact information, and Device and online identifiers);
• Commercial information (Your billing information and purchase history, for example);
• Characteristics protected by law (for example, You might provide Your gender as part of a research survey for Us or You may choose to voluntarily disclose Your race or veteran status as part of Your job application);
• Internet or other electronic network activity information (such as Your usage of Our Services, like the actions You take as a visitor of the Website);
• Geolocation data (such as Your location based on Your IP address);
• Audio, electronic, visual, or similar information (such as Your profile picture, if You uploaded one);
• Professional or employment-related information (for example, Your company and team information if You inquire on their behalf, or information You provide in a job application or offer); and
• Inferences We make (such as likelihood of retention or attrition).

If You are a job applicant, We may have also collected:

• Education information, such as the education You disclose in Your job application.

You can find more information about what We collect and sources of that information in the sections above.

We collect personal information for the business and commercial purposes described in this policy. And We share this information with the categories of third parties described above. We retain this information for the length of time described in this and other sections.

In some US states You have additional rights subject to any exemptions provided by Your state’s respective law, including the right to:

• Request a copy of the specific pieces of information We collect about You and, if You’re in California, to know the categories of personal information We collect, the categories of business or commercial purpose for collecting and using it, the categories of sources from which the information came, and the categories of third parties We share it with;
• Request deletion of personal information We collect or maintain;
• Request correction of personal information We collect or maintain;
• Opt out of the sale or sharing of personal information;
• Receive a copy of Your information in a readily portable format; and
• Not receive discriminatory treatment for exercising Your rights.

You can obtain detailed metrics about Our compliance with these rights by contacting Us.

Right to Opt Out

We never directly sell Your personal information in the conventional sense (i.e., for money).

We may share Your information as necessary with Our third-party Service Providers to provide Our services to You. To the extent that We share Your information with certain advertising, marketing, or analytics vendors, this can be considered a “sale” or “share” in certain US states, which You may have the right to opt out of.

You can learn more about this sharing and how to opt out by consulting the “Do Not Sell My Personal Information” program active in certain US states, linked in applicable locations. Note that in some instances this link will only display to individuals visiting Our Website from within the relevant states.

Our opt-out is managed through Cookies, so if You delete Cookies, Your browser is set to delete Cookies automatically after a certain length of time, or if You visit sites in a different browser, You’ll need to make this selection again.

We also respect the GPC browser signal and will treat it as a valid means of communicating Your desire to opt out.

We do not collect or process Your sensitive (and potentially sensitive) personal information except where it is strictly necessary to provide You with Our Service, where the processing is not for the purpose of inferring characteristics about You, or for other purposes that do not require an option to limit under California law. We don’t knowingly sell or share personal information of those under 16.

Your Information & Personalized Advertising

We do not show ads on Our Website, however other third-party sites linked from Ours might, and collect data about You while visiting them, including information identifying You as having previously visited Ours before visiting theirs, and this information might be collected by whatever ad services other websites You visit after visiting Ours use for their own purposes. As part of routing You from the Website to another, We and Our Service Providers do use Cookies to share certain Device identifiers and information about Your browsing activities with destination advertising partners, and those advertising partners of third-party sites may use that information to show You personalized ads on some of others’ sites.

The personal information We share includes online identifiers; internet or other network or Device activity (such as Cookie information, other Device identifiers, and IP address); and geolocation data (approximate location information from Your IP address). These disclosures may be considered a “sale” or “share” of information under some US state privacy laws. We do not sell (or share) information through Our systems’ communications with others’ ad programs that identifies You personally, like Your name or contact information. Learn how You can opt out by contacting Us.

Contacting Us About These Rights

You can usually access, correct, or delete Your Personal Data using Your Account settings and tools that We offer, but if You aren’t able to or You’d like to contact Us about one of the other rights, reach out.

When You contact Us about one of Your rights under this section, We’ll need to verify that You are the right person before We disclose or delete anything. For example, if You are a user, We will need You to contact Us from the email address associated with Your Account. You can also designate an authorized agent to make a request on Your behalf by giving Us written authorization. We may still require You to verify Your identity with Us.

Appeals Process for Rights Requests Denials

In some circumstances We may deny Your request to exercise one of these rights. For example, if We cannot verify that You are the Account owner We may deny Your request to access the personal information associated with Your Account. As another example, if We are legally required to maintain a copy of Your personal information We may deny Your request to delete Your personal information.

In the event that We deny Your request, We will communicate this fact to You in writing. You may appeal Our decision by responding in writing to Our denial email and stating that You would like to appeal. All appeals will be reviewed by an internal expert who was not involved in Your original request. In the event that Your appeal is also denied this information will be communicated to You in writing. Please note that the appeal process does not apply to job applicants.

If Your appeal is denied, in some US states (Colorado, Connecticut, and Virginia) You may refer the denied appeal to the state attorney general if You believe the denial is in conflict with Your legal rights. The process for how to do this will be communicated to You in writing at the same time We send You Our decision about Your appeal.

Controllers and Responsible Companies

Our Services are worldwide. Different companies are the controller (or co-controller) of personal information, which means that they are the company responsible for processing that information, based on the particular service and the location of the individual using Our Services.
Depending on the Services You use, more than one company may be the controller of Your Personal Data. Generally, the “controller” is the company that entered into the contract with You under the Terms of Service for the product or service You use. In addition, We are the controller for some of the processing activities across all of Our Services worldwide.

Transferring Information

Because Our Services are offered worldwide, the information about You that We process when You use the Services in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for Us, other members of Our group of companies, or third-party data processors. This is required for the purposes listed above.

When providing information about You to entities outside the EEA, We will take appropriate measures to ensure that the recipient protects Your personal information adequately in accordance with this Privacy Policy as required by applicable law. These measures include entering into European Commission approved standard contractual arrangements with entities based in countries outside the EEA.

You can ask Us for more information about the steps We take to protect Your personal information when transferring it from the EU.

Ads and Analytics Services Provided by Others

Our Website does not have ads, but ads appearing on any of Our Services may be delivered by advertising networks. Other parties may also provide analytics services via Our Services. These ad networks and analytics providers may set tracking technologies (like Cookies) to collect information about Your use of Our Services and across other websites and online services. These technologies allow these third parties to recognize Your Device to compile information about You or others who use Your Device. This information allows Us and other companies to, among other things, analyze and track usage, determine the popularity of certain content, and deliver ads that may be more targeted to Your interests. Please note this Privacy Policy only covers the collection of information by Us and does not cover the collection of information by any third-party advertisers or analytics providers.

Third-Party Software and Services

If You’d like to use third-party plugins or embeds, such as making payments powered by Stripe, extensions that enable services provided by third parties, or other third-party software or services, please keep in mind that interacting with them may mean providing information about Yourself (or Your Device’s other users) to those third parties. For example, some third-party services may request or require access to Your (Yours, Your other users’, or any others with access to the same) data via a pixel or Cookie. Please note that if You use the third-party service or grant access, Your data will be handled in accordance with the third-party’s privacy policy and practices. We don’t own or control these third parties, and they have their own rules about information collection, use, and sharing, which You should review before using the software or services.

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, and the “Change Log” below, noting what changes have been made, and when.

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. Your continued access and use of Our Website constitutes an expression of Your agreement with, acceptance of, and consent to be governed by this Privacy Policy.

Contact Us

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

• By visiting this page on Our Website: https://jonoborden.com/contact/

Change Log:

• January 1^st, 2024: Reviewed, overhauled, and revised in full to bring up to date to meet the most recent international regulatory requirements for compliance; inclusion of jurisdictional disclosures as obligated; adoption of neutral pronouns, dispassionate voice, and standardization of more consistent language and formatting.
• January 4^th, 2013: Privacy Policy established.