Privacy Policy

Your privacy is important to us at 23point5. We respect your privacy regarding any information we may collect from you across our website.

EFFECTIVE DATE: May 10, 2023

23point5(“23point5,” “we,” “us”) is a platform for creators and consumers to connect. We value you privacy and outline our practices below.

In this Privacy Policy (“Policy”), we describe how 23point5 (“23point5,” “we,” “us”) collects, uses, and discloses information that we obtain from the visitors to our website www.23point5.com (the “Site”) and the services available through our Site (collectively, the “Services”).

Individuals who visit our site and use our Services fall into two categories: visitors and customers who visit our site to purchase items (“customers”), and the creators who offer items for sale (“creators”) (collectively, “you” or “yours”). This policy covers information we collect across both groups.

By visiting the Site or using any of our Services, you agree that your information will be handled as described in this Policy. Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms of Service including its applicable limitations on damages and the resolution of disputes. The Company Terms of Service are incorporated by reference into this Policy.

Information We Collect About You

How We Use Your Information

How We Share Your Information

Our Use of Cookies and Other Tracking Mechanisms

Third Party Ad Networks

Third-Party Links

Security of Your Information

Privacy Choices

Children

Contact Us

Changes to this Privacy Policy

Information We Collect About You

We collect information from third parties and automatically from you when you use our Services.

Information We Collect Directly From You

The information we collect from you depends on how you use our Services. As a customer, you have the option to create an account. As a creator, you must create an account with us.

To create an account as a customer, you must provide the following information:

  • Full name
  • Email Address
  • Phone Number
  • Address
  • Date of birth

To create an account as a creator, you must provide the following information:

  • Full name
  • Email Address
  • Phone Number
  • Date of Birth
  • Images of your art

Additionally, if you make a purchase on our website, we may collect payment information, such as your credit or debit card information, your billing address, and your shipping address.

We also may request information in connection with a customer service inquiry through our online chat function.

Information We Collect from Third Parties

We may collect information from third parties that identify geographic areas of interest for us, although this information is not personally identifiable.

We offer the option for you to register and login to our Services through your existing social network accounts. If you choose to do this, we collect the following information from these sites:

Facebook: If you log in to our Services using Facebook, you must enter your Facebook login information. We will ask that you grant us permission to:

  • Access posts in your newsfeed
  • Post to your Wall
  • Access posts in our newsfeed
  • View your “likes”; and
  • Access your Facebook data at any time even if you are not using Facebook

Please note that if you allow us access on your Facebook account, we will have information access even if you have chosen to make them private on Facebook.

Google: If you log in to our Services using Google, you must enter your Google login information. By logging in through Google, you are granting us access to your Google profile and other information.

We may store and combine the data we receive from these social networking sites with other information that we collect from you or receive from other sources. Social networking sites control the information they collect from you. For more details about how they may use and disclose your information, including those you make public, please consult their respective privacy policies. We have no control over how any third party site uses or discloses the personal information it collects from you.

Information We Collect Automatically

We automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more details.

We also collect the following information from you automatically:

Our Site:

  • Domain name
  • Your browser type and operating system
  • Web pages you view on the site; links you click on the site; your IP address
  • The length of time you visit our Site or use our Services
  • The referring URL (the webpage that led you to our Site)

How We Use Your Information

We use your information, including your personal information, for the following purposes:

  • Providing and Improving our Services:

To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.

  • Tailoring Content:

To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.

  • Marketing and Communications:

For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.

  • Research and Analytics:

To better understand how you access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to your desires and preferences, and for other research and analytical purposes.

  • Protecting Rights and Interests:

To protect the safety, rights, property, or security of, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that, in its sole discretion, may consider to be, or pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; to conduct audits; and to enforce this Privacy Policy and our Terms & Conditions.

  • Legal Compliance:

To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers.

We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.

  • Business Transfers.

If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

  • In Response to Legal Process.

We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

  • To Protect Us and Others.

We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

  • Aggregate and De-Identified Information.

We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and third party partners collect information using cookies, pixel tags, or similar technologies. Our third party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services.

Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

Flash Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors and app users, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We use these tools to help us improve our Site’s and Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Cross-Device Use. We and our third party service providers, including Google, may use the information that we collect about you (whether directly from our Site, from our mobile applications, through your device(s), or from a third party) to help us and our third party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We and our third party service providers may also use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Third Party Ad Networks section below. Please note: if you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt-out of each browser or device that you use.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.

Third Party Ad Networks.

We use third parties such as network advertisers to serve advertisements on our Site, App, and on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, Services, or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.

User Generated Content. We invite you to post content on our Site and Services, including your artwork, and any other information that you would like to be available on our Site or Services. If you post content to our Site or Services, all of the information that you post will be available to all visitors to our Site. If you post your own content on our Site or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Additionally, please see our Terms of Service regarding your responsibilities to abide by intellectual property rights and laws. You are solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Artwork or content you make available through the Services.

Security of My Personal Information.

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access To My Information.

If you are a Creator, you may modify information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.

What Choices Do I Have Regarding Use of My Information? We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

California Residents

Under California Civil Code Section 1798.83, also known as California’s “Shine the Light” law, California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, information about certain personal information we shared, if any, with other businesses for their own direct marketing uses in the previous calendar year. To request a copy, please contact us at the email provided in the “Contact Us” section, below.

Nevada Residents

23point5 does not sell your personal information. However, if you are a Nevada resident, you may submit a request that we not sell any personal information we have collected about you by contacting us as set forth below.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at: hello@23point5.com.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and Application. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and Application, or via email at hello@23point5.com.