Sites and Site Operator:  The websites to which the following Privacy Policy apply are: butterflyfishproductions.com, thekindeez.com, and artbyvincentlucido.com(collectively, “the Website(s)”). The site operator is Butterfly Fish Productions, LLC, a California limited liability company (“Butterfly Fish”), PO Box 1211 Redondo Beach, CA 90278. 

Effective Date: This Privacy Policy was last revised on April 22, 2020.  Butterfly Fish reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by applicable law, the User is responsible for monitoring the Website(s) to determine if any changes have been made to the Privacy Policy in the future.  Access to and/or use of the Website(s) by the User after the date of any such change shall be deemed to confirm the User’s agreement to be bound by the Privacy Policy then in effect.  By agreeing to the Terms of Use applicable to the Website(s) at which this Privacy Policy is posted, the User is also agreeing to be bound by this Privacy Policy.

Scope of Privacy Policy.  The Privacy Policy applies to information collected by Butterfly Fish through the Website(s), including information that is provided to Butterfly Fish by the User and information that is collected by Butterfly Fish in connection with the use of the Website(s). The Privacy Policy does not apply to other websites that may be linked to the Website(s) and/or otherwise accessible through the Website(s), including websites operated by advertisers and other third parties.  The User is cautioned to determine the applicable privacy policies for any such third-party sites.  The Privacy Policy does not apply to information collected by Butterfly Fish through its off-line business operations.

Terms of Use.  This Privacy Policy is incorporated by reference in the Terms of Use (“TOU)” that generally apply to the Website(s), and the User is cautioned to consult the TOU in its entirety for more information on the terms and conditions that apply the User’s access to and use of the Website(s).

Information Collected.  The Privacy Policy applies to the following information collected by Butterfly Fish.

            User-Provided Information.  Butterfly Fish collects information that is provided by the User during the registration process, and/or embodied in User Content provided by the User to Butterfly Fish. Such information may include, but is not limited to, name, address, phone numbers, email addresses, and other contact information.

            Credit Card Transactions.  If you provide credit card and other financial information in connection with the on-line purchase of goods and services from Lucido, from Users, such information shall be used by Butterfly Fish (and/or third-party services engaged by Lucido) only for the purpose of processing the payments and will not be maintained on file by Butterfly Fish.

            Updating of User-Provided Information.  Once the User has registered with Butterfly Fish, Users who are 18 years of age or older will be able to remove the registration information or the records of his, her or its activity on or usage of the Website(s) from Lucido’s databases as required by applicable law. The User may contact Butterfly Fish to review, update or change any such personal information. To review personal information or make such changes, the User may contact Sandra Lucido at admin@butterflyfishproductions.com.

            Automatic Data Collection.  When the User visits and uses the Website(s), certain information may be collected automatically, including domain names, IP addresses, transaction data, and traffic data that does not necessarily personally identify a User.  Butterfly Fish may use such data for monitoring, correcting and customizing the functionality of the Website(s); for market research and marketing purposes by Butterfly Fish; for monitoring and detecting, and substantiating any use of the Website(s) in violation of the applicable Terms of Use; and for sharing with affiliates, but information will not be shared with unaffiliated third parties and, when shared with affiliates, will be shared only on an aggregate basis that does not ordinarily permit the identification of individual Users. 

            Cookies.  The Website(s) may employ "cookie" technology to keep track of a User’s activity and usage of the Website(s) and to collect and store information between a User’s visits to the Website(s). Cookies are small text files stored on the User’s computer that a website can use to recognize repeat users and to facilitate each user's ongoing access to and use of a website. Generally, cookies work by assigning a unique number to the user that has no meaning outside of the assigning site. Butterfly Fish cannot control the use of "cookies" by advertisers or third parties hosting data or facilities for the Website(s).  Users who elect to remove or disable the “cookies” on their computers may impair the functionality of the Website(s).

            Release of Information Under Other Circumstances.  Butterfly Fish reserves the right to disclose information whenever required to do so in order to comply with applicable law and/or legal process, and/or to enforce the terms of the TOU or any other agreement between the User and Butterfly Fish, and/or the protect or enforce the rights, property, safety, or security of Butterfly Fish, its advertisers and affiliates, and its employees, contractors, vendors, agents and representatives.

 

Children’s Online Privacy Policy in Compliance with COPPA

AND OTHER APPLICABLE LAWS

            Children’s Online Privacy.  The Website(s) include content that is primarily target at children and other content that is intended for users of all ages and their families.  Some information may be requested from Users up access to and/or registration at the Website(s), and access to and use of the Website(s) may result in the automatic collection of information from children. Butterfly Fish is committed to protecting the privacy of children under the age of 13 who use the Website(s) as required by the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws.

            Registration.  Users who register at the Website(s) may be asked to provide information, including the child’s name and gender, membership or account password, email address, and birth date for the purpose of validating their ages.  All Users under the age of 13 must provide the name and email address of a parent or guardian to enable Butterfly Fish obtain verifiable parental consent to the use of the Website(s) and the collection and use of information from the child and other permissions and “opt-ins” as required by applicable law.

            Retention of Information.  Butterfly Fish retains information only as necessary to provide access to and use of the Website(s) as requested by the User, to ensure the security of the Website(s), and/or as required by applicable law.  If Butterfly Fish discovers that information has been collected from a child in a manner not permitted by COPPA, Butterfly Fish we will either delete the information or seek parental consent for the collection of the information.

            User Content.  No User Content provided by a minor under the age of 18 will be used by Butterfly Fish unless a parent or guardian of the minor has submitted a signed License and Release for Submission of Content by a Minor.

            Parental Control.  The parents or guardians of a child may refuse to “opt-in” to the collection of information from their children, within a previous “opt-in,” and/or request that such information be deleted by contacting Lucido: Sandra Lucido at

admin@butterflyfishproductions.com.

 

Online Privacy Protection Policy for California Residents

California Consumer Privacy Act

As may be required under various applicable laws, including the California Consumer Privacy Act (CCPA),  and depending on where you live or work, you rights may include: (i) the right to be notified of the personal data collected from Users, and the purpose for collecting each category of information, at or before the point at which the personal data is collected; (ii) the right to request the disclosure of the categories of information that are collected, sold and/or disclosed; (iii) the right to receive copies of specific personal data that has been collected; (iv) the User’s right to withdraw his or her consent to the collection and processing of personal data and/or the use of “cookies”; (v) the right to be notified before personal data is sold to a third party and the opportunity to “opt-out” of the sale of such personal data; (vi) the right to access the personal data and rectify, erase or block the personal data; (v) the right to receive the personal data that we have collected and to transmit the personal data to another data controller; and (vii) the right object to the processing of the User’s personal data without express consent, that is, the right to “opt out.”

            Updating and removal of Personal Data.  If User wishes to access, amend, correct, erase (i.e., exercise the User’s “right to be forgotten”), export (i.e., exercise the User’s right to “data portability”), and/or object to or restrict the processing of personal data collected via the Website(s), the User may submit a request to Lucido as follows: [Insert name and email of contact].  We will promptly review all such requests in accordance with applicable laws.

 “Shine the Light” Law

California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.

If you are a California resident and you provided personal information to the Website(s) in the past, and/or if you do so in the future, you are entitled to submit a request in writing to Butterfly Fish for a description of the information we may have provided to third parties. To submit your written request, please send it to us using our contact form (click here for contact form) and put the following words in the subject line of the email: “California Privacy Request.”

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

We reserve our right not to respond to requests sent more than once in a calendar year.

Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our policy relates only to information covered by the law.

 

Questions:  If a User has any questions or requires any assistance regarding any aspect of the Privacy Policy (including the General Privacy Policy as it applies to all Users, the Privacy Policy as it applies to Users under the age of 18, and the GDPR Compliance Statement), please contact Sandra Lucido at admin@butterflyfishproductions.com.

 

Copyright © 2020 by Butterfly Fish Productions LLC. All Rights Reserved.

 

BUTTERFLY FISH PRODUCTIONS is a trademark of Sandra Lucido and Vincent Lucido. THE KINDEEZ and related logos, and the name and appearance of each character are trademarks of Sandra Lucido and Vincent Lucido.