Privacy policy

Who we are

By Kerwin is the online shop of UK artist Kerwin Blackburn. Explore his range of Jackson Pollock-inspired action painted pieces and unique portraits. All paintings are available to buy as gallery-quality, giclée paper prints. Free worldwide delivery.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service Privacy Policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on this site you may opt in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit the login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

WooCommerce

We collect information about you during the checkout process on our store.

What we collect and store

While you visit our site, we’ll track:

  • Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
  • Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
  • Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

We’ll also use cookies to keep track of basket contents while you’re browsing our site.

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:

  • Send you information about your account and order
  • Respond to your requests, including refunds and complaints
  • Process payments and prevent fraud
  • Set up your account for our store
  • Comply with any legal obligations we have, such as calculating taxes
  • Improve our store offerings
  • Send you marketing messages, if you choose to receive them

If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for several years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.

We will also store comments or reviews, if you choose to leave them.

Who on our team has access

Kerwin Blackburn and members of the By Kerwin team may have access to the information you provide us, such as:

  • Order information like what was purchased, when it was purchased and where it should be sent, and
  • Customer information like your name, email address, and billing and shipping information.

Our team members have access to this information to help fulfill orders, process refunds and support you.

What we share with others

We share information with third parties who help us provide our orders and store services to you; for example —

Payments

We accept payments through PayPal. When processing payments, some of your data will be passed to PayPal, including information required to process or support the payment, such as the purchase total and billing information.

Please see the PayPal Privacy Policy for more details.

Stripe

By using the Stripe extension, you may be storing personal data or sharing data with a secure, external service.

MailPoet Newsletter & Emails

If you have subscribed to our newsletter or if you are a member of our website (you can log in) or if you have purchased on our website, there is a good chance you will receive emails from us.

We will only send you emails which you have signed up to receive, or which pertain to the services we provided to you.

To send you emails, we use the name and email address you provide us. Our site also logs the IP address you used when you signed up for the service to prevent abuse of the system.

This website can send emails through the MailPoet sending service. This service allows us to track opens and clicks on our emails. We use this information to improve the content of our newsletters.

No identifiable information is otherwise tracked outside this website except for the email address.

MailPoet creates and stores two cookies if you are using WooCommerce and MailPoet together. Those cookies are:

Cookie name: mailpoet_revenue_tracking
Cookie expiry: 14 days.
Cookie description: The purpose of this cookie is to track which newsletter sent from your website has acquired a click-through and a subsequent purchase in your WooCommerce store.

Cookie name: mailpoet_abandoned_cart_tracking
Cookie expiry: 3,650 days.
Cookie description: The purpose of this cookie is to track a user that has abandoned their cart in your WooCommerce store to then be able to send them an abandoned cart newsletter from MailPoet.

Note: User must be opted-in and a confirmed subscriber.

Should you wish for your user data to be permanently deleted from our database, please contact us and we will do so.

Google Analytics

We use Google Analytics to collect usage data on this website. See Google’s privacy policy here.

Meta DATA

We use Meta (Facebook) Pixel to collect usage data on this website. See Meta’s privacy policy here .

Terms & Conditions for By Kerwin

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website, By Kerwin accessible at www.bykerwin.com.

These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. These Terms and Conditions have been generated with the help of the Terms And Conditions Sample Generator.

Intellectual Property Rights

Other than the content you own, under these Terms, By Kerwin and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

  • Publishing any Website material in any other media;
  • Selling, sublicensing and/or otherwise commercialising any Website material;
  • Publicly performing and/or showing any Website material;
  • Using this Website in any way that is or may be damaging to this Website;
  • Using this Website in any way that impacts user access to this Website;
  • Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and By Kerwin may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant By Kerwin a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. By Kerwin reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read the Privacy Policy above.

No warranties

This Website is provided “as is,” with all faults, and By Kerwin express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall By Kerwin, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  By Kerwin, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent By Kerwin from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

By Kerwin is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

By Kerwin is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between By Kerwin and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of the United Kingdom, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the United Kingdom for the resolution of any disputes.

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