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Terms & Conditions

Terms and Conditions Agreement between User and Vesper Design Welcome to www.vesperdesign.co. These Terms and Conditions apply to www.vesperdesign.co, the mobile application Vesper Design, and Vesper Design LLC The www.vesperdesign.co website (the "Site") and Vesper Design application (the “Application”) (collectively, the “Site”) is comprised of various web pages operated by Vesper Design LLC ("Vesper Design"). www.vesperdesign.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.vesperdesign.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.vesperdesign.co is an E-Commerce Site. Vesper Design is a website designed for the sale and promotion of the photography, graphic design, and products of Vesper Design LLC and Gabriela Amon. Privacy Your use of Vesper Design is subject to Vesper Design's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Disclaimer of Agency, Close Affiliation, or Partnership with Third-Parties Vesper Design provides links to the websites and offerings of third parties for the sale of their goods and services. However, Vesper Design may not be affiliated with, a partner of, or an agent of these third parties that are displayed on the Vesper Design site and Application. You agree that Vesper Design is not accountable for the liabilities and actions of those third parties in relation to any dealings you have with them. Electronic Communications Visiting www.vesperdesign.co or the Vesper Design application or sending emails to Vesper Design constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Vesper Design is not responsible for third party access to your account that results from theft or misappropriation of your account. Vesper Design and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Children Under Thirteen Vesper Design collects personally identifiable information from children under the age of thirteen. Vesper Design collects this information for the following reason(s): To register the accounts of users. To send marketing emails to users. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.vesperdesign.co only with permission of a parent or guardian. Cancellation/Refund Policy Due to the nature of production, wherein each order is custom-made and shipped upon customer’s purchase, refunds, returns, or exchanges, or exchanges are not currently offered for purchases made online. You may contact Vesper Design for special requests, custom orders, and support through the contact form on the Site. As Vesper Design provides links to third party merchants and vendors, sales between users and third parties will be governed by the refund policies of those third parties. Please contact us at gabiamon@vesperdesign.co with any questions. Links to Third Party Sites/Third Party Services www.vesperdesign.co may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Vesper Design and Vesper Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vesper Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vesper Design of the site or any association with its operators. Certain services made available via www.vesperdesign.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.vesperdesign.co domain, you hereby acknowledge and consent that Vesper Design may share such information and data with any third party with whom Vesper Design has a contractual relationship to provide the requested product, service or functionality on behalf of www.vesperdesign.co users and customers. Third-Party Interactions Third-Party Interactions. You may come into correspondence with, purchase products and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors displaying their goods and/or services through the Service while using the Site or Application. Specifically, Vesper Design is not a party to any transaction you may do with a third party. This activity and all associated terms, conditions, warranties, or representations are exclusively between you and the applicable third party. Vesper Design shall have no liability, obligation, or responsibility for any correspondence, transaction, or promotion between you and a third party. You acknowledge that it is your obligation to exercise reasonable caution in any actions and interactions with any third party you engage with via the Service. Third-Party Materials. The Site, Application, or Services may display, include, or make available third-party materials (including data, information, articles, applications, or other products, services, and/or materials) or contain links to third-party websites, services, and advertisements for third parties, including pricing, product names, and product descriptions for each good and/or service ("Third-Party Materials"). You understand and agree that Vesper Design is not responsible for Third-Party Materials, regardless of their correctness, completeness, timeliness, validity, copyright compliance, legality, decency, or any other aspect thereof. Vesper Design does not assume and will have no liability or duty to you or any other individual or user for any Third-Party Materials. You access and use Third-Party Materials and links thereto at your own risk. When you connect to Third-Party Materials, the terms and policies of the applicable third party, including its privacy and data collection practices, apply. Before proceeding with any transaction involving Third-Party Materials, you should conduct any research you deem necessary or suitable. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use www.vesperdesign.co and the Vesper Design Application strictly in accordance with these terms of use. As a condition of your use of the Site and/or Application, you warrant to Vesper Design that you will not use the Site or the Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or Application, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Vesper Design or its affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Vesper Design content is not for resale. Your use of the Site and Application does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Vesper Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Vesper Design or our licensors except as expressly authorized by these Terms. On our Site, Application, and Services, we have created and implemented a policy regarding copyright law that provides for the removal of any infringing materials and, in appropriate circumstances, the termination of users who are serial infringers of intellectual property rights, including copyrights. If you believe that one of our users or materials is unlawfully infringing the copyright(s) in a work through the use of our Site and Services, and you wish to have the allegedly infringing material removed, you must provide the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) to our designated Copyright Agent: Your physical or electronic signature; Identification of the copyrighted work(s) that you claim to have been infringed; Identification of the content on our services that you claim is infringing and that you request us to remove; Sufficient information to permit us to locate such content; Your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the content in question is not authorized by the copyright holder, its agent, or the law; and A statement that the information in the notification is correct and, under penalty of perjury, that you are the owner of the allegedly infringed copyright or are authorized to act on behalf of the owner. Please be advised that, per 17 U.S.C. 512(f), any misrepresentation of material fact (falsehoods) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement. The Designated Copyright Agent for Vesper Design is: Gabriela Amon E-mail: gabiamon@vesperdesign.co.     International Users The Service is controlled, operated and administered by Vesper Design from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vesper Design Content accessed through www.vesperdesign.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless Vesper Design, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vesper Design reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vesper Design in asserting any available defenses. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Vesper Design agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VESPER DESIGN LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. VESPER DESIGN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VESPER DESIGN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VESPER DESIGN LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VESPER DESIGN LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT VESPER DESIGN (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL (A) MEET YOUR REQUIREMENTS; (B) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Termination/Access Restriction Vesper Design reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vesper Design as a result of this agreement or use of the Site. Vesper Design's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Vesper Design's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Vesper Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Vesper Design with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vesper Design with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms Vesper Design reserves the right, in its sole discretion, to change the Terms under which www.vesperdesign.co is offered. The most current version of the Terms will supersede all previous versions. Vesper Design encourages you to periodically review the Terms to stay informed of our updates. Contact Us Vesper Design welcomes your questions or comments regarding the Terms: Vesper Design LLC 5965 Village Way STE E105-108 San Diego, CA 92130 Email Address: gabiamon@vesperdesign.co Telephone number: (858) 223-1494 Effective as of May 10, 2024

Privacy Policy Protecting your private information is our priority. This Statement of Privacy applies to www.vesperdesign.co, the mobile application Vesper Design, and Vesper Design LLC This statement of Privacy governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Vesper Design include www.vesperdesign.co, the mobile application Vesper Design, and Vesper Design LLC Vesper Design is an ecommerce website and mobile application. By using the Vesper Design website and/or application, you consent to the data practices described in this statement. Collection of your Personal Information In order to better provide you with products and services offered, Vesper Design may collect personally identifiable information, such as your: •First and Last Name •E-mail Address We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. Use of your Personal Information Vesper Design collects and uses your personal information for the following reasons. •To register the accounts of users. •To send marketing emails to subscribed users. Vesper Design may also use your personally identifiable information to inform you of other products or services available from Vesper Design and its affiliates. Links This website contains links to other sites. Please be aware that we are not responsible for such other sites' content or privacy practices. We encourage our users to be aware when they leave our Site and to read the privacy statements of any other site that collects personally identifiable information. Sharing Information with Third Parties Vesper Design does not sell, rent, or lease customer information to third parties. Vesper Design may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Vesper Design may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Vesper Design, and they are required to maintain the confidentiality of your information. Vesper Design may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Vesper Design or the site; (b) protect and defend the rights or property of Vesper Design; and/or (c) act under exigent circumstances to protect the personal safety of users of Vesper Design, or the public. Information Collected Through Use of Services Information Collected Automatically. When you use the Services, we automatically collect the following information about you: •Usage data. We automatically record your behavior on our Site, including the pages you visit and the actions you perform. In addition, we record the URL from which you arrived at our websites. •Identifiers and device information. When you visit our Site, our servers automatically collect certain technical information about your devices, such as your Internet protocol address and information about your devices, such as device identifiers (such as MAC address), your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, and your device operating system type and version. In addition, our services store and retrieve cookie identifiers, mobile identifiers, and other data, as detailed in the Cookies and Similar Technologies section below. •Geolocation data. When you use our apps or online services, depending on your device and app settings, we receive geolocation information. Cookies and Similar Technologies. The Vesper Design website may use “cookies" to help you personalize your online experience. A cookie is a text file placed on your hard drive by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie. One of the primary purposes of cookies is to provide a convenience feature to save you time. The cookie's purpose is to tell the web server that you have returned it to a specific page. For example, if you personalize Vesper Design pages or register with the Vesper Design site or services, a cookie helps Vesper Design to recall your specific information on subsequent visits. This simplifies recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Vesper Design website, the information you previously provided can be retrieved, so you can easily use your customized Vesper Design features. You can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to fully experience the interactive features of the Vesper Design services or websites you visit. When you visit our Services, we and our third-party analytics service providers and advertising partners utilize these technologies to gather personal information (such as the cookies saved on your browser, the advertising identification on your mobile device, and your device's IP address). Our partners and we may also use these technologies to collect information about your online activity across multiple websites and over time. This information is used to store your preferences and settings, allow you to sign in, analyze the performance of our Services, track your contact with the Services, generate inferences, deliver and customize interest-based advertising, combat fraud, and fulfill other legitimate objectives. For these objectives, we and/or our partners share the information we collect or infer with third parties. We use the following third-party analytics and advertising services on our websites: Company/ServicePurpose(s)Privacy NoticesManage Settings (opt-out) DoubleClick (Google)Advertising, analyticshttps://policies.google.com/privacy See the association links below Google AnalyticsAnalyticswww.google.com/policies/privacy/partners https://tools.google.com/dlpage/gaoptout Sharing Information with Third Parties We allow third-party Internet advertising businesses to deliver advertisements to you (called ad networks or network advertisers). These companies may use cookies, Web beacons, platform device identifiers, software agents, and other technologies to collect non-personally identifiable information about your visits over time and across other websites to deliver advertisements tailored to your interests, measure their effectiveness and personalize advertising content, and to understand the usage and visitation of the Services and the other applications and websites tracked by these companies. We have no access to or control over the cookies, Web beacons, platform device identifiers, software agents, or other technologies they may employ. We are not accountable for the privacy policies of third-party advertising. You should review the privacy statement of the third-party advertiser to understand how it handles the information it gathers independently. In addition, the Network Advertising Initiative provides details on some of the Internet advertising companies we may employ. Click on the links above to learn about the privacy policies of these third parties and how to opt-out of their use of cookie data for targeted advertising. Many of these businesses are also members of associations that give a straightforward mechanism to opt-out of analytics and ad targeting, which you may access at: •United States: NAI (http://www.networkadvertising.org/managing/opt_out.aspx) and DAA (http://www.aboutads.info/choices/) •Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/) •Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/) Security of your Personal Information Vesper Design secures your personal information from unauthorized access, use, or disclosure. Vesper Design uses the following methods for this purpose: •Web Application Firewalls •Secure transfer protocols like https and tls •Secure database connections •Encrypted passwords and tokens We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Information Choices Access, correction, and deletion. You may send an email to gabiamon@vesperdesign.co if you desire to seek access to, corrections to, or erasure of your personal information that we maintain. We reserve the right, to the extent permitted by applicable law, to charge a fee or decline requests that are unreasonable or excessive, where providing the information would be prohibited by law or would compromise the privacy or other rights of a third party or where we are unable to authenticate you as the person to whom the information pertains. Communication Preferences. Depending on your account type, you can opt out of getting marketing/promotional emails from Vesper Design by following the instructions in such emails. Choices for Cookies and Similar Technologies. See the Cookies and Similar Technologies section for choices about cookies and other analytics and advertising controls. Many third-party monitoring businesses are also members of associations that give a straightforward mechanism to opt-out of analytics and ad targeting, which can be accessed at: •United States: NAI (http://www.networkadvertising.org/managing/opt_out.aspx) and DAA (http://www.abouads.info/choices/) •Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/) •Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/) If you choose not to share some data with Vesper Design, we may be unable to offer you certain features and functionality of the Site or Service. In addition, you may have the right to see and update the personal information Vesper Design maintains about you. Please send such inquiries to gabiamon@vesperdesign.co or use one of the other contact methods indicated at the bottom of this notice. Retention of Information We retain information for as long as necessary to offer the requested Services, comply with our legal requirements, resolve disputes, enforce our agreements, and for other legitimate and lawful business objectives. Since these needs can vary for different data types in the context of different products, actual retention periods can vary significantly based on factors such as user expectations or consent, the sensitivity of the data, the availability of automated controls that allow users to delete data, and our legal or contractual obligations. California Privacy Rights If you are a resident of California and the processing of your personal information is subject to the California Consumer Privacy Act ("CCPA"), you have specific rights concerning that information. Right to Know. You are permitted to seek the following information from businesses: •The categories and precise parts of your personal information that we have acquired. •The sources from which we collect personally identifiable information. •The reasons for gathering, utilizing and selling personal data. •The types of third parties with whom we share personally identifiable information. •The categories of your personal information that we have disclosed for business purposes. Note that the CCPA broadly defines "business purpose,"; and because we use service providers for a variety of business purposes that require access to our systems that hold personal information (such as providing cloud data storage, maintaining the security of our systems, and providing customer support), we have disclosed for a business purpose data from each of the categories of personal information we maintain in the past 12 months. •The categories of your personal information that we have sold (if any) to each category of third parties to whom we have sold your personal information. Note that the CCPA defines "sell" and "personal information" in a very broad manner, and some of the data sharing mentioned in this Notification may be considered "selling" under that meaning. Specifically, we allow advertising and analytics providers to gather IP addresses, cookie IDs, and mobile IDs via our websites and applications when you use our online services, but we do not "sell" other forms of personal information. Our "Do Not Sell My Information" disclosures are included in the section of this Notice titled "Cookies and Similar Technologies." You may submit a "request to know" by emailing gabiamon@vesperdesign.co. We have provided the majority of this information in this Notice. Right to Request Deletion. You also have the right, subject to some restrictions, to request that we erase your personal information in certain circumstances. Contact us at gabiamon@vesperdesign.co to make a deletion request. Right to Opt-Out. You may opt-out of future "sales" of your personal information. To do so, please visit the "Do Not Sell My Information" portion of this Notice's Cookies and Similar Technologies section. In writing or through a power of attorney, you may appoint an authorized agent to execute your rights under the CCPA on your behalf. Before accepting such a request from an agent, we will ask the agent to show evidence that you have authorized it to act on your behalf. In addition, you may be required to authenticate your identity with us directly. In addition, in order to disclose or remove certain pieces of personal information, we will need to confirm your identification with the level of certainty required by law. You have the right not to be discriminated against for exercising CCPA-guaranteed rights. In addition, California Civil Code section 1798.83, also known as the "Shine the Light" law, permits California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes ("California Customers") to request information about whether the business has disclosed personal information to third parties for the third parties direct marketing purposes. Customers from California may email gabiamon@vesperdesign.co to obtain additional details regarding our compliance with this law. Businesses must only reply to one request per California customer every calendar year. They may not be required to respond to requests received through any other means than the stated email address. Right to Deletion Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: •Delete your personal information from our records; and •Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: •Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; •Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; •Debug to identify and repair errors that impair existing intended functionality; •Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; •Comply with the California Electronic Communications Privacy Act; •Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; •Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; •Comply with an existing legal obligation; or •Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. Children Under Thirteen Vesper Design collects personally identifiable information from children under the age of thirteen. Vesper Design collects this information for the following reason(s): •To register the accounts of subscribed users. •To send marketing emails to subscribed users. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this application. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Statement of Privacy. Cookie Controls The majority of web browsers accept cookies by default. You may access your browser's options to discover how to delete or reject cookies. If you choose to delete or reject cookies, this may impact certain website features or services. If you delete cookies, settings and preferences controlled by those cookies, such as advertising choices, may be deleted and may need to be restored. Email Web Beacons The majority of email clients allow you to prohibit the automatic downloading of images, which disables web beacons in the email messages you read. E-mail Communications From time to time, Vesper Design may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Vesper Design or click on a link therein. If you would like to stop receiving marketing or promotional communications via email from Vesper Design, you may unsubscribe from emails by selecting the unsubscribe option at the bottom of each marketing or promotional email. Changes to this Statement Vesper Design reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our application, and/or by updating any privacy information. Your continued use of the application and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. Contact Information Vesper Design welcomes your questions or comments regarding this Statement of Privacy. If you believe that Vesper Design has not adhered to this Statement, please contact Vesper Design at: Vesper Design LLC 5965 Village Way STE E105-108 San Diego, CA 92130 Email Address: gabiamon@vesperdesign.co Telephone number: (858) 223-1494 Effective as of May 10, 2024

Privacy Policy

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