Forge:  The Artwork of Kevin Booher, Forge Gallery and https:\\www.kevinbooher.com
Privacy Policy

Scope

Forge:  The Artwork of Kevin Booher, LLC is a Member-Managed, Single-Member LLC (MM-SM-LLC), registered and incorporated in the State of Kentucky, the United States of America.  This Privacy Disclosure sets forth privacy practices maintained by Forge:  The Artwork of Kevin Booher, LLC, Forge Gallery and the website domain named .kevinbooher.com ("we", "our" or "the MM-SM-LLC") with respect to non-personal, sensitive and/or personal information collected from users who access our website at:  https:\\www.kevinbooher.com ("Website"), or otherwise share personal information with us (collectively: "Users").  We do not collect, store or process "personal data" as defined by the  General Data Protection Regulation ("GDPR"), "Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016", and furthermore operate outside the scope of requirements set forth under this Regulation.

Bases for information collection 

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter "Personal Information") is necessary for one or more of three potential bases:  (1) for the performance and fulfillment of our contractual obligations towards you when you request to purchase, exhibit (if for financial compensation) or lease an artwork or studio workshop, and/or to allow our receipt and usage of minimal contact information such as Name, Entity Name, address, phone number and email address; (2) to protect our legitimate business interests; and, (3) for our Sole Proprietorship to maintain compliance with legal and financial regulatory obligations to which we are subject.

When you use our Website, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.

What information do we collect from you?

We collect two main types of information from Users. 
1. The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of our Website, known as Non-personal Information (NPI).  This type of NPI is collected solely through our Website and stored within in our Website provider's system(s) and/or within our Website provider's third party secure cloud storage provider's system(s), and is often referred to as as 'system information' versus user, or personal information.  Importantly, this type of NPI does not present, display or associate the user's identify during tracking or collection of said NPI, therefore we are not aware of the identity of a User from which the NPI was collected. NPI that we collect may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Website and our Website provider's platform and system(s).  We may also collect information showing your active or historic Website activity (e.g. pages viewed, online browsing, clicks, actions, etc., typically used to inform and further develop our Website design, language and communication methods from a business strategy or marketing strategy standpoint, but not to be disclosed to any third parties unless ordered under an enforceable government or legal action.

2. The second type of information we collect is Personal Information (PI), which sometimes includes Personally Identifiable Information.  PII represents a narrower, more sensitive form of PI, meaning your full name in combination with, or proximity to, other personal information stored in a structured system segment or container that when combined, or used in context with one another, could be used by others, to reasonably identify you as an individual. 

Types of Personal Information (PI) information we commonly collect:  
Device Information:  We collect PI from your device.  Such information elements (i.e. types, attributes, field names, or pieces of information) may include geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity captured from accessing or using our Website.  

Contact Information:  We collect PI from the forms you use on our Website.  When you choose to communicate with us using either our Contact Us, Purchase Artwork or Artist Inquiry forms located throughout our Website, we collect the following information elements:  Name, Email, Address and Phone Number, as applicable.
We do not collect or store your Personal Financial Information (PFI), such as credit card number, credit card expiration date, or credit card unique security code.  We do not collect your bank account routing or account number(s), your PayPal Account number(s) or any other credentials or information, nor do we collect any other electronic/digital payment processing account information from providers that may be stored with other online or mobile banking or mobile payment providers, such as Venmo, CashApp, GooglePay, or any others.

In using our Website, we intentionally access only your encrypted PFI that is also masked or truncated upon display when we first receive it, for single-use payment verification purposes after you have entered your payment information using PayPal's Secure Invoicing function.  Once we have confirmed payment has been processed, that information is stored only in PayPal's secure systems, not on our Website nor our Website provider's system(s) or platform.  For additional information regarding technical information security controls deployed by PayPal and accessed by us as a secure payment gateway, please read more on our Payment & Shipping page.

How do we collect information about you?

We collect your Personal Information from the following sources:
  • When you use or access our Website, we receive your Non-Personal Information (NPI) described above.  
  • When you use our Website and make an Artwork Purchase, submit an Artwork Inquiry to request more information concerning our artwork exhibition, leasing or gifting opportunities, or when you Contact Us and provide us with your Contact Information described above.
  • When you email us at:  ForgeGalleryArtwork@kevinbooher.com or stephmaw2000@gmail.com, we collect relevant information and email system/file level metadata as it may exist, such as Sent Date, Read Date, Application/Email Provider Name, Copieds, and forwards.  Our email mailbox is hosted, managed and secured by Hover.com.
  • Orally Received Information:  When you elect to call us and provide us limited with personal information as may be necessary to make an artwork purchase on your behalf.

With whom do we share or sell your personal information?

We do not rent or sell our Users' information for any purpose, including, but not limited to as defined specifically, under the California Consumer Privacy Act (CCPA), or the California Consumer Privacy Act (CPRA),   

We do not share our Users’ Personal Information with third parties except as described in this Privacy Policy.
We may share your PI for the following third party providers or reasons, as outlined below:
  • When you contract with us for purchasing a product or service, we share your limited PI with the United States Postal Service (USPS), United Parcel Service (UPS), FEDEX or other potential shipping and transportation logistics providers as disclosed on our Payments & Shipping page, for purposes of securely shipping your artwork purchase or artwork for exhibition, lease or gift purposes, when appropriate
  • To communicate with you only after you initiate communication with us using either our Contact Us form, our Purchase Artwork form, our Artwork Inquiry form, or by sending an email directly to us using our ForgeGalleryArtwork@kevinbooher.com email address.  Communications are limited to fulfilling our business obligations to you in the event you contract with us for any of our services, including the purchase of an artwork, for example.  We also communicate with you in the event there may be relevant technical information originating from our website that may impact a business event between us, such as an artwork purchase.  
Sharing With Third Party Technology Providers

In addition to the purposes and parties listed above, we may share a single Non-Personal Information (NPI) element -- your computer, tablet or mobile device's IP address based on the machine you may be using to access or use our Website for a given session -- with two of our trusted third party providers, who may be located in different jurisdictions across the world, described as follows:  1) Google, for the purposes of our running Google Analytics, and gathering de-identified User population statistics and trends to inform our ability to improve our Website navigation, content, products and services offerings, and overall ease-of-use.  2) Similarly, we share only that same single Non-Personal Information (NPI) element - your computer, tablet or mobile device's IP address based on the machine you may be using to access or use our Website during a given session, with our trusted third party partner, DreamWeaver Studio, and their website technology platform provider,  Duda, for all of the same purposes as that of Google, but with the additional purpose of hosting and operating our Website on the back-end, meaning server, systems and storage operations, ensuring our Website availability, maintenance, security and all other technical functions perform as planned, including, but not limiting our ability to troubleshoot and resolve any unexpected technical issues that may occur.

Google Analytics Usage:  Our particular use of Google Analytics collects only anonymized, or de-identified, Non-Personal Information (NPI) such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. All information collected by Google and shared with us uses and points to your IP address assigned to you on the date you visit sites, and your IP address is your unique identifier, rather than your name or any other personally identifying information. We nor our website design and management partner, DreamWeaver Studio, also do not combine the information collected through the use of Google Analytics with personally identifiable information we may have in other formats about you. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Sharing As Required By Law

We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i)  enforce our policies (including any specific agreements, if applicable), including investigations of potential violations thereof; (ii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iii) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights; or (vii)  to comply with a legal or regulatory request made by a verified government agency, law enforcement organization or other legally authorized party, including, but not limited to, response to a demand or subpoena issued subject to an active or contemplated civil or criminal investigation or litigation matter.

Our Users' Rights and Personal Information Requests

As it pertains to your access or use of our Website, you may request to: 
  1. Receive confirmation as to whether or not any of your Personal Information is being collected, used or shared by us.
  2. Receive a written report listing the types and specific fields, or information elements collected, used or shared, or to be provided in a  a structured, commonly used and machine-readable format, such as an .xls(x), .csv or .txt file format, or printed to paper, if you prefer. 
  3. Request correction to your personal information previously provided by you and received by us.
  4. Request deletion of your personal information, after completing the terms of any existing agreements, such as sale, payment processing and shipping services associated with a purchased artwork from our Website. 
We will employ all reasonably available efforts to fulfill your Personal Information Request, however we may be unable to perform certain requests or portions of certain requests noted above due to technology, system and technical constraints existing within our Website provider's systems and platform, or within our Website itself, in cases where we do not have read-rights to certain system hidden files, or, where permanent deletion of one of your personal information elements (i.e. Address or Email Address) would otherwise cause technical performance issues or system breakage or error to the underlying technology systems or to other Users' contracted information being stored, used and protected.
To exercise any of these rights or make another privacy request related to our use of your Personal Information, please use the Contact Us button and form, or email Forge Gallery directly at:  ForgeGalleryArtwork@kevinbooher.com, and we will respond to your request within 10 days upon receipt of your request, and make all reasonable efforts to fulfill your request within 30 days of from your request receipt by us.

Retention

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods are determined in accordance with applicable legal record retention requirements which are most commonly associated with financial transactions as it pertains to our products and services.  We value your personal privacy, and make every reasonable effort to protect it in all forms in which it may exist, specifically as it may be collected through your access or use of our Website.  To that end, we believe in the application of information governance best practices, and therefore routinely destroy our users' information that has been collected at their earliest reasonable time, or upon specific request as stated in the section above.  

An issuance of a litigation hold, or other preservation order from a legal authority, government agency or other law enforcement agency, in which your information is required for ongoing preservation in anticipation of or in response to a legal investigation or litigation matter, automatically supersedes our record retention policies and related retention or destruction schedules or activities, until such time as we receive legal notice that the litigation hold or preservation order has been released.

Cookies

We and our trusted partners use cookies and other technologies in our related services, including when you visit our Website. 

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. 

Our Website uses the following types of cookies:

a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed; 

b. 'persistent cookies ' which are read only by the Website, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences if you choose to purchase more than one piece of artwork over the course of multiple visits to our Website, for example.
c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access, in our case, only Google Business Analytics and only your local machine's IP address is recognized and collected.  
Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies.   Our Website does not deploy an integrated Content Management System so the system's default settings will apply to cookies.

Third party collection of information

This Privacy Policy does not apply to the practices of companies or entities that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose limited information as set forth in this Privacy Policy.  When we reference or display hyperlinks to third-parties and/or their privacy policies, we are referencing only online information that is publicly available via online Google search at the date of this Policy's Last Modified Date.

Our website may include links to external social media platforms. These links do not include embedded content or data-sharing integrations. We do not transmit user data to these platforms. Any data collected after leaving our site is governed by the respective privacy policies of those platforms.

How do we safeguard your information?

We respect and value your privacy and make every effort to protect it once you have entrusted it with us by accessing or using our Website.  Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Website, including in any unlawful manner, and we make no warranty, express, implied or otherwise, that we will be able to prevent such access.

Minors

We understand the importance of protecting children’s privacy, especially in an online environment. Our Website is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at:  ForgeGalleryArtwork@kevinbooher.com.

Updates or amendments to this Privacy Policy

We reserve the right to periodically amend or revise this Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy Policy. The last revision will be reflected in the "Last modified" statement below. Your continued use of our Website following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to the terms of such amendments.

How to contact us

If you have any additional questions about whether and how our Website collects, stores, shares or protects your Personal Information or Non-Personal Information, please contact us at:  ForgeGalleryArtwork@kevinbooher.com.

Last Modified:  April 30, 2025