Privacy Policy

Twisted Clay Privacy Policy

Last Updated: 05/26/2021

Welcome to Twisted Clay, LLC (“Twisted Clay”, “us”, “our” or “we”). We

produce content, videos, training materials, products, services and/or

other materials (collectively along with our titles, features, content,

software, updates, audio content, video files, downloadable content, add-

ons, and/or modified versions, “Content”), made available on our websites,

which includes without limitation twistedclayonline.com among others

(collectively the “Site(s)”), and various mobile applications (“Apps”).

To do that, we need information about you. Protecting your privacy is

important to us. We only use your information where we have a legal

basis to do so. This Privacy Policy will help you understand what

information we collect, how we use it and what choices you have with the

Sites, purchase any of our Content, subscription services or additional

offerings, participate in our events or promotions, and more generally use

any of our other products or services (collectively with the Content, Apps,

and Site, the “Services”).

By using our Services, you are accepting the practices described in our

please do not use the Services. We reserve the right to modify or amend

the terms of our Privacy Policy from time to time. Your continued use of

our Services following the posting of changes to the Privacy Policy will

mean you accept those changes. If we intend to apply the modifications or

amendments to this Privacy Policy retroactively or to personal information

already in our possession, we will provide you with notice of the

modifications or amendments.

Please be advised that the practices described in this Privacy Policy apply

only to information gathered by us through our Services. It does not apply

to any information you provide to third-party platforms used to access the

Services. Please review their privacy policies carefully to understand what

information they may collect, process, and use from you.

You should also read our Terms which set out the contract between you

and us.

1. The information we collect

about you

This Privacy Policy covers our use of any information that can or could be

used to identify you (“Personal Data”).

We may collect and use the following Personal Data to provide the

Services to you and fulfill the Terms:

 When you sign up for our Services you give us Personal Data

voluntarily by providing it to us, for example when you sign up for an

account. We collect and use that information in order to

authenticate you when you register an account and use the Services,

to make sure you are eligible and able to receive the Services, and so

that you receive the correct version of the Services. Depending on

which of the Services you use, that may include your name, mailing

address, phone number, residency, gender, date of birth (as needed

to verify eligibility), and email address. We may collect this

information through various forms and in various places on the

Service, including at account creation and registration, newsletter

sign-up forms, “contact us” forms, or when you otherwise interact

with the Service. We use that information to fulfil those Services to

you and to provide related customer support to you.

 As a general policy, no personally identifiable information, such as

your name, address, or e-mail address, is automatically collected

from your visit to the Sites or download and install the Apps.

However, we may automatically and passively collect and use certain

information from your device whenever you visit, use, or interact

with our Service, including: the Internet Protocol address (IP

address) of the machine which accessed the Services, general

location information, the date and time of your visit, the path taken

through the Services, content preferences, the browser and

operating system being used, a list of files downloaded or viewed,

the amount of time spent accessing files, any errors encountered,

crash reports which may be automatically generated when or if our

Services crash and includes information about the system and the

crash, and other similar data.

 You also give us Personal Data when you make a purchase through

us, subscribe to our publications or Subscriptions, or communicate

with us. Providing this information is completely voluntary on your

part; however, it may be required to use or access some of our

Services and Subscriptions. For example, if you choose to contact us

via email, we may retain your email and email address along with

any other associated information. Doing so is completely voluntary

on your part, and you have the choice about whether and what

information to disclose via your email.

 We may use third-party vendors to process online payments and

provide platforms for us to provide you with the Content and

Services. If we utilize such vendors, the third-party payment vendor

will collect payment and other personal information (such as your

payment card information, email address, mobile phone number,

billing and shipping address) to complete your purchases, but only

with your permission. The vendor may also use cookies to track your

activity and for other purposes. The third-party vendor that provides

the platform for the Content and Services, as applicable, may collect,

use, disclose, store, process, and transfer personally-identifiable

information when you interact with its services through the Services.

This vendor may also use cookies to track your activity and other

purposes. Twisted Clay is not responsible for, and assumes no

liability for, the privacy and information collection and use practices

of these or any other third-party vendors. Please review the third-

parties privacy and other applicable policies carefully. If you do not

agree to the collection and use of this information by our third-party

vendors, please do not use the online payment, message or

comment features, and not use access the Content.

 We may, from time to time, supplement the information we collect

directly from you on our Service with outside records from third

parties for various purposes, including to enhance our ability to

serve you, to tailor our content to you and to offer you opportunities

that may be of interest to you.

 In addition, please note, our Services may use third-party platforms

to access the Services and/or we may provide third party interfaces

or links on the Service to facilitate your sending a communication

from the Service. When you use these third-party platforms, the

third-party platforms may or may not provide us with information

about you. We are not responsible for the terms, policies,

disclosures or actions of any third-party platforms.

 Users should be aware that when they voluntarily disclose personal

information (e.g., user name, e-mail address, phone number) on

bulletin boards, social medial, comments sections, in feedback to us,

or in the chat areas, that information can be collected and used by

others and may result in unsolicited messages from other people.

You are responsible for the personal information you choose to

submit in these instances. You acknowledge and agree that you

have no expectation of privacy concerning the transmission of any

user generated content or communications, including without

limitation e-mail, chat, text, or voice communications. Because voice,

chat, text, and other communications and user generated content

may be viewed and/or heard by other users, users should avoid

revealing any personally identifiable information in those

communications.

 We may collect certain personal information from you during the

course of our normal business operations if you do business with us

and/or are employed by us. For example, we may collect certain

personal information about you (such as, without limitation, name,

email address, date of birth, address, and phone number) either

directly from you or from your representative, or from third parties

authorized by you.

2. How we use the information

we collect about you

We have and rely on a legitimate interest in using your Personal Data as

follows:

Use of Information by Us. We may use your information:

 to provide you with our Services;

 to improve our Services and to customize your experience with the

Services;

 to maintain your account with us;

 for internal business purposes;

 for any purposes disclosed at the time you provide your

information;

 any purposes provided for in our Terms;

 to provide technical and customer support to you;

 to offer new or additional features for our Services;

 to enforce our Terms;

 to send you materials by email or via notifications, or other

commutations;

 to carry out anti-fraud or other measures prohibited under our

Terms;

 and as otherwise set forth in this Privacy Policy.

Third Parties. We may engage vendors, agents, service providers, and

affiliated entities to provide services to us. In providing their services, they

may access, receive, maintain or otherwise process data on our behalf.

Our contracts with these service providers do not permit use of your data

for their own marketing and other purposes.

Legal Matters; Safety. We may, without your consent, access and

disclose your information, any communications sent or received by you,

and any other information that we may have about you as may be

permitted or required by law or to prevent or investigate suspected fraud

or activity that appears to us to be illegal or may expose us to legal

liability. Additionally, we may disclose your information and/or

communications in situations that we believe to be: (i) emergencies

involving potential threats to the physical safety of any person or property

if we believe that your information in any way relates to that threat; or (ii)

your conduct that we believe is inappropriate and inconsistent with

generally accepted norms of behavior.

3. Who we share information

with

We will not share any Personal Data that we have collected from or

regarding you except as described below:

Information Shared with Our Service Providers. We engage external

service providers to work with us to administer and provide the Services.

As part of that they may process your Personal Data on our behalf. These

external service providers have access to your Personal Data only for the

purpose of performing services on our behalf, in compliance with this

disclose or use your Personal Data for any other purpose. The service

providers we use may help us to:

 run, operate and maintain our Services through third party platform

and software tools;

 perform content moderation and crash analytics;

 run email and mobile messaging campaigns;

 perform Service and marketing analytics;

 provide payment attribution and process payments for purchases;

and

 provide technical and customer support.

Some external service providers may also collect information directly from

you (for example, a payment processor may request your billing and

financial information) as a third party service in accordance with their own

information, like credit card number, with us, but it may share limited

information with us related to your purchase, like your zip or postal code.

Information Shared with Other Users. When you use the Services,

information about you may be shared or visible to other users in certain

instances and therefore become publicly available, including without

limitation: your username, submitted content and questions, basic

location, and public messages.

Information Shared with Our Partners. We may also share information

about you with our business and promotional partners to further those

interests. However, personally identifiable information is never sold or

leased to any third parties.

Information Disclosed for Our Protection and the Protection of

Others. We cooperate with government and law enforcement officials or

private parties to enforce and comply with the law. We only share

information about you to government or law enforcement officials or

private parties when we reasonably believe necessary or appropriate: (a)

to respond to claims, legal process (including subpoenas and warrants);

(b) to protect our property, rights, and safety and the property, rights, and

safety of a third party or the public in general; and (c) to investigate and

stop any activity that we consider illegal, unethical, or legally actionable.

Information Disclosed in Connection with Business

Transactions. Information that we collect from our users, including

Personal Data, is a business asset. If we are acquired by a third party as a

result of a transaction such as a merger, acquisition, or asset sale, or if

assets related to a business unit are acquired by a third party as a result

of a transaction, or if our assets are acquired by a third party in the event

we go out of business or enter bankruptcy, some or all of our assets,

including your Personal Data, will be disclosed or transferred to a third

party acquirer in connection with the transaction.

4. Cookies

We use cookies and local storage to monitor aggregate usage and web

traffic of our Services, customize and improve our Services, help you

navigate our Services, deliver content specific to your interests.

We also use “web beacons” (also known as web bugs, pixel tags, or clear

GIFS) which are small graphics with a unique identifier that may be

included on our Services for example to deliver or communicate with

cookies, to track and measure the performance of our Services, to

monitor how many visitors view our Services, and to monitor the

effectiveness of our advertising. Unlike cookies, which are stored on a

user's hard drive or Device, web beacons are typically embedded invisibly

on web pages (or in an email).

Types of Cookies

We use the following types of cookies:

 Strictly Necessary Cookies: These are cookies that are essential to

enable you to use the Services, for example moving around our

websites and using their features (e.g. cookies that enable you to log

into the Services).

 Performance Cookies: These are cookies which collect information

about how and when you and other visitors interact with our

Services (e.g. pages viewed most often) and the information

collected by these cookies is used to improve how our Services work.

 Functionality Cookies: These are cookies that allow our Services to

remember choices you have made (such as your login information)

and provide you with content and features which are customized to

you. For example, providing you with relevant content by using a

cookie to remember which region you are in.

 Advertising Cookies: These are cookies which are used to deliver

adverts to you which are more relevant to you and your interests.

We may also share this type of information with third parties for

these purposes.

The types of cookies described above may be “session

cookies” or “persistent cookies”. Session cookies are only stored on your

device whilst you are using the Services, and are deleted when you log off

from the Services or close your browser. Persistent cookies remain on

your device for a period of time after you log off from the Services or close

your browser.

Third Party Cookies

Some cookies may be placed by third parties when you use the Services as

some third party service providers that we engage (including third party

advertisers) may place their own cookies on your hard drive or Device.

These cookies may provide information to those third parties about your

browsing habits or may be used for security. Some also help to serve you

with advertisements which are more relevant to you. Similarly, if you visit

or use third party websites or services linked from our Services, those

third parties may place cookies or similar technologies on your device.

For more information about what cookies or similar technologies those

third parties use, please review the third party services’ cookie policies.

Cookies Settings

You may decline cookies that are not Strictly Necessary by clicking

“Decline” in the cookie banner at the bottom of your screen. Additionally,

although most browsers automatically accept cookies, you can change

your browser options to stop automatically accepting cookies or to

prompt you before accepting cookies. However, if you don’t accept

cookies, you may not be able to access all portions or features of the

Services.

5. How we keep your Personal Data safe

We have appropriate security measures in place to prevent your Personal

Data from being accidentally lost, used or accessed in an unauthorized

way, improperly altered or disclosed. We also limit access to your Personal

Data to employees, agents, contractors and other third parties who have a

business need to know. They will only process your Personal Data on our

instructions, and they are subject to a duty of confidentiality. We have put

in place procedures to deal with any suspected Personal Data breach and

will notify you and any applicable regulator of a breach where we are

legally required to do so.

6. How long we will keep your

Personal Data

We keep your Personal Data for as long as we need to provide the

Services to you and fulfil the purposes set out in this Privacy Policy and

our Terms. This is also the case for anyone that we share your information

with and who carry out services on our behalf.

When we no longer need to use your Personal Data and there is no need

for us to keep it to comply with our legal or regulatory obligations, we will

either remove it from our systems or anonymize it so that it can no longer

be associated with you. When removing Personal Data, we will take

commercially reasonable and technically feasible measures to make said

Personal Data irrecoverable or irreproducible.

7. Your rights and choices

If for any reason you are concerned that any information you provided to

us is not correct and you wish to change or delete it, you have the ability

to review and update your personal information to the extent we have it.

If you would like to do so, please contact us as set forth below or

otherwise view and update your information in your Account profile. You

may also contact us to request access to, transfer of, or erasure of your

personal information to the extent we have any. Specify the nature of

your request and the information that is subject to your request.

We reserve the right not to allow access to your information or to limit

your rights (e.g. if such disclosure is prohibited by law or if the rights of

another individual might be violated). In some instances, this may mean

that we are able to retain your personal information even if you withdraw

your consent or request transfer or erasure. Please note that changes or

access you request may not be effective immediately. Please also note

that despite any request for removal of or change to personal

information, we may need to retain certain information for recordkeeping

purposes and there may also be residual information that will remain

within our databases and other records, which will not be removed or

changed.

8. Legal Grounds

We rely on the following legal grounds to use your data:

 Where it is needed to provide you with our Service.

 Where it is in our legitimate interests to do so, such as: managing our

products and services, and providing our Service to you.

 To comply with our legal obligations.

 With your consent or explicit consent, where applicable.

 For a public interest.

9. Your Rights Under Data

Protection Laws.

Here is a list of the rights that individuals have under data protection laws.

They don’t apply in all circumstances. If you wish to use any of them, we’ll

explain at that time if they are engaged or not.

 The right to be informed about the processing of your personal

information.

 The right to have your personal information corrected if it is

inaccurate and to have incomplete personal information completed.

 The right to object to processing of your personal information.

 The right to restrict processing of your personal information.

 The right to have your personal information erased (the “right to be

forgotten”).

 The right to request access to your personal information and to

obtain information about how we process it.

 The right to move, copy or transfer your personal information (“data

portability”).

 Rights in relation to automated decision making which has a legal

effect or otherwise significantly affects you.

If you have any questions or concerns regarding these rights please

10. Children

Unless stated otherwise for a particular Service, children are not allowed

to use the Services, and we do not collect Personal Data from them. We

define “children” as anyone under 18 years old. If a parent has any further

questions or concerns about his or her child's use of the Services, we

encourage the parent to contact us via the contact information below.

11. Changes to this Privacy Policy

Any Personal Data that we collect is covered by the Privacy Policy in effect

at the time such information is collected. We may make changes to this

any material change.

12. Third Parties

In using our Services you may access links to websites and services that

are owned or operated by third parties (each, a “Third Party Service”). Any

information that you provide on or to a Third Party Service or that is

collected by a Third Party Service is provided directly to the owner or

operator of the Third Party Service and is subject to the owner’s or

operator’s privacy policy. We’re not responsible for the content, privacy, or

security practices and policies of any Third Party Service. To protect your

information we recommend that you carefully review the privacy policies

of all Third Party Service that you access.

13. Disclosures Specific to

California Residents

The CCPA grants California residents certain privacy rights regarding the

personal data we collect. We are committed to respecting these rights and

complying with the CCPA. Under the CCPA you have the right to request

that we disclose to you what personal data we collect, use, disclose, and

sell. The CCPA also gives California residents a right to opt-out from the

sale of their personal data. You also have the right to request deletion of

personal data that is in our possession, subject to certain exceptions.

Please note that your request to delete data may impact your use of the

Services in some cases, and we may decline to delete information for

reasons set forth in this Privacy Policy or as permitted by the CCPA. Finally,

you have a right to not be discriminated against for exercising your rights

under the CCPA.

We do not sell your Personal Data. The information listed in Section 1 falls

under the following California Consumer Privacy Act (CCPA) categories:

identifiers, commercial information, Internet or other electronic network

activity information, geolocation data, and visual information.

14. Non-United States Users

Please note that the Services are directed towards users who reside in the

United States. By using the Services, you consent to the collection,

storage, processing, and transfer of your information in and to the United

States, or other countries and territories, pursuant to the laws of the

United States, where permitted by law. Some of these countries may not

offer the same level of privacy protection as your own. Therefore, you

should not provide personally identifying information through the

Services. If you provide such information, you acknowledge that it is

necessary to internationally transfer and process it in the United States.

You also agree that you are responsible for compliance with applicable

laws, including local laws regarding online conduct and content and U.S.

export laws and regulations.

15. Contact Information

If you have any questions about this Privacy Policy, please contact via

email at: potter@twistedclay.co.