Terms of Service

Creative Nation builds technologies and services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of Creative Nation, Nettelhorst Photography, Nettelhorst Images and the other products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Nettelhorst Images, Inc.

We don’t charge you to use Creative Nation or the other products and services covered by these Terms, unless we state otherwise. Instead, businesses and organizations, and other persons may pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think may be relevant to you and your interests. We use your personal data to help determine which personalized ads to show you.

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more about how personalized advertising under these terms works on Creative Nation.

Our Privacy Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your profile page at any time to review the privacy choices you have about how we use your data.

1. The services we provide

Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and Services described below to you:

Provide a personalized experience for you:

Your experience on Creative Nation is unlike anyone else’s: from the posts, stories, events, ads, and other content you see in the Creative Nation Feed, Groups you belong to or Members you follow and other features you might use. For example, we use data about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalize your experience.

Connect you with people and organizations you care about:

We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the Creative Nation you use. We use data to make suggestions for you and others – for example, groups to join, events to attend, members to follow or send a message to, shows to watch, courses to attend and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.

Empower you to express yourself and communicate about what matters to you:

There are many ways to express yourself on Creative Nation to communicate with friends, family, and others about what matters to you – for example, sharing status updates, photos, videos, and stories across Creative Nation (consistent with your settings), sending messages or making voice or video calls to a friend or several people, creating events or groups, or adding content to your profile as well as showing you insights on how others engage with your content. We have also developed, and continue to explore, new ways for people to use technology to create and share more expressive and engaging content on Creative Nation.

Help you discover content, products, and services that may interest you:

We show you personalized ads, offers, and other sponsored or commercial content to help you discover content, products, and services that are offered by the many businesses and organizations that use Creative Nation and other Nettelhorst Images, Inc. products and services. Section 2 below explains this in more detail.

Promote the safety, security, and integrity of our services, combat harmful conduct and keep our community of users safe:

People will only build community on Creative Nation if they feel safe and secure. We work hard to maintain the security (including the availability, authenticity, integrity, and confidentiality) of our Products and services. We employ dedicated teams around the world, work with external service providers, partners and other relevant entities and develop advanced technical systems to detect potential misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community, including to respond to user reports of potentially violating content. If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include – notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data across Nettelorst Images, Inc products and services when we detect misuse or harmful conduct by someone using one of our Products or to help keep Creative Nation, users and the community safe. For example, we share information with Nettelhorst Images Companies that provide financial products and services to help them promote safety, security and integrity and comply with applicable law. Creative Nation may access, preserve, use and share any information it collects about you where it has a good faith belief it is required or permitted by law to do so. For more information, please review our Privacy Policy.

Use and develop advanced technologies to provide safe and functional services for everyone:

We use and develop advanced technologies – such as artificial intelligence, machine learning systems, and augmented reality – so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Creative Nation. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.

Research ways to make our services better:

We engage in research to develop, test, and improve our Products. This includes analyzing data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Privacy Policy explains how we use data to support this research for the purposes of developing and improving our services.

Provide consistent and seamless experiences across the Nettelhrost Images Products & Services:

Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Nettelhrost Images Products that you use. For example, we use data about the people you engage with on Creative Nation to make it easier for you to connect with them and we enable you to communicate with a business you follow on Creative Nation.

Ensuring access to our services:

To operate our global services and enable you to connect with people around the world, we need to transfer, store and distribute content and data to our data centers, partners, service providers, vendors and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our services. This infrastructure may be owned, operated, or controlled by Nettelhorst Images, Inc. or its affiliates.

2. How our services are funded

Instead of paying to use Creative Nation and the other products and services we offer, by using the Nettelhorst Images Products covered by these Terms, you agree that we can show you personalized ads and other commercial and sponsored content that businesses and organizations pay us to promote on and off Creative Nation. We use your personal data, such as information about your activity and interests, to show you personalized ads and sponsored content that may be more relevant to you.

Protecting people’s privacy is central to how we’ve designed our personalized ads system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like cycling). We then show their ad to people who we think might be interested.

We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Creative Nation. For example, we provide general demographic and interest information to advertisers to help them better understand their audience, like the fact that women between the ages of 25 and 34 who live in Madrid and like software engineering have seen an ad. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission.

We collect and use your personal data in order to provide the services described above to you. You can learn about how we collect and use your data in our Privacy Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you.

3. Your commitments to Creative Nation and our community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

1. Who can use Creative Nation

When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

• Provide for your account the same name that you use in everyday life.
• Provide accurate information about yourself.
• Create only one account (your own) and use it for personal purposes.
• Not share your password, give access to your Creative Nation account to others, or transfer your account to anyone else (without our permission).

We try to make Creative Nation broadly available to everyone, but you cannot use Creative Nation if:

• You are under 13 years old.
• You are a convicted sex offender.
• We’ve previously disabled your account for violations of our Terms or the Community Guidelines, or other terms and policies that apply to your use of Creative Nation. If we disable your account for a violation of our Terms, the Community Guidelines, or other terms and policies, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion, and does not mean or imply that the disciplinary action was wrong or without cause.
• You are prohibited from receiving our products, services, or software under applicable laws.

2. What you can share and do on Creative Nation

We want people to use Creative Nation to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

1. You may not use our Products to do or share anything:
   • That violates these Terms, the Community Guidelines, or other terms and policies that apply to your use of our Products.
   • That is unlawful, misleading, discriminatory or fraudulent (or assists someone else in using our Products in such a way).
   • That you do not own or have the necessary rights to share.
   • That infringes or violates someone else’s rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
2. You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our services, systemes, or Products.
3. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
4. You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.
5. You may not sell, license, or purchase any data obtained from us or our services, except as provided in the Platform Terms.
6. You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.

We can remove or restrict access to content that is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions, as provided in Section 4.B.

If we remove content that you have shared in violation of the Community Guidelines, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. For information on account suspension or termination, see Section 4.B below.

To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies, if this feature exists in your jurisdiction.

We also can remove or restrict access to content features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to Creative Nation.

3. The permissions you give us

We need certain permissions from you to provide our services:

1. Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Creative Nation and other Nettelhorst Images Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions (known as a “license”) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Creative Nation, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as Nettelhorst Images Products or service providers that support those products and services. This license will end when your content is deleted from our systems.You can delete individual content you share, post, and upload at any time. In addition, all content posted to your personal account will be deleted if you delete your account. Account deletion does not automatically delete content that you post as an admin of a page or content that you create collectively with other users, such as photos in Shared Albums which may continue to be visible to other album members. It may take up to 90 days to delete content after we begin the account deletion process or receive a content deletion request. If you send content to trash, the deletion process will automatically begin in 30 days unless you chose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. After the content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems. Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
   • where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
   • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
   • where immediate deletion would restrict our ability to:
     • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
     • protect the safety, integrity, and security of our Products, systems, services, our employees, and users, and to defend ourselves;
     • comply with legal obligations for the preservation of evidence, including data Nettelhorst Images Companies providing financial products and services preserve to comply with any record keeping obligations required by law; or
     • comply with a request of a judicial or administrative authority, law enforcement or a government agency;
2. Permission to use your name, profile picture, and information about your actions with ads and sponsored or commercial content: You give us permission to use your name and profile picture and information about actions you have taken on Creative Nation next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Creative Nation Page created by a brand that has paid us to display its ads on Creative Nation. Ads and content like this can be seen only by people who have your permission to see the actions you’ve taken on Nettelhorst Iamges Products.
3. Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

4. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Creative Nation), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law.

4. Additional provisions

1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Products and services, and/or to comply with applicable law. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Creative Nation community, you can delete your account at any time.

2. Account suspension or termination

We want Creative Nation to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine, in our discretion, that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular the Community Standards, we may suspend or permanently disable your access to Nettelhorst Images Products, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

We may disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account.

Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

You can learn more about what you can do if your account has been disabled and if you think we have disabled your account by mistake by emailing us at info@nettelhrostimages.com

If you delete or we disable or delete your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.

3. Limits on liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Nettelhorst Images Products (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Nettelhorst Images Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

4. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.

You and Nettelhost Images, Inc. each agree that any claim, cause of action, or dispute between us that arises out of or relates to these Terms or your access or use of the Nettelhorst Images Products shall be resolved exclusively in the U.S. District Court of Illinois or a state court located in Cook County County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Illinois will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Nettelhorst Images may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.

5. Other

1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Nettelhorst Images, Inc. regarding your use of our Products. They supersede any prior agreements.
2. Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
3. If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
5. You may designate a person (called a legacy contact) to manage your account if it is memorialized. If you enable it in your settings, only your legacy contact or a person who you have identified in a valid will or similar legal document expressing clear consent to disclose your content to that person upon death or incapacity will be able to seek limited disclosure of information from your account after it is memorialized.
6. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
8. We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
9. We reserve all rights not expressly granted to you.

Date of Last Revision: January 11, 2024

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Privacy Policy

We at the Creative Nation, Nettelhorst Images, Inc., Nettelhorst Photography, and the Nettelhorst Images, Inc. affiliates are committed to protecting your privacy. This Privacy Policy applies to the information and data collected by the Creative Nation as a controller, including the information collected on our Websites (www.nettelhorstimages.com, www.nettelhorstphotography.com, community.nettelhorstphotography.com, education.nettelhorstphotography.com, commercial.nettelhorstimages.com) or through other channels as described below. This Privacy Notice describes how we collect, receive, use, store, share, transfer, and process your personal information. It also describes your choices regarding use, as well as your rights of access and correction of your personal information. If you do not agree with the data practices described in this Privacy Policy, you should not use the Websites. 

This Privacy Policy does not apply to the data the Creative Nation, Nettelhorst Images, Nettelhorst Photography processes on behalf of our customers (Customer Data) in our capacity as a processor. Your use of the Creative Nation Subscription Service (the Subscription Service) as a customer of the Creative Nation, including use of our associated mobile applications (Mobile Apps), is covered under the Creative Nation, Nettelhorst Images, Nettelhorst Photography Product and Service Privacy Policy.

We periodically update this Privacy Policy. We will post any privacy policy changes on this page and, if the changes are material, we will provide a more prominent notice by sending you an email notification, or if you subscribe to the Subscription Service, through the Notification app in your Creative Nation portal.

While we will notify you of any material changes to this Privacy Policy prior to the changes becoming effective, we encourage you to review this Privacy Policy periodically. We will also keep prior versions of this Privacy Policy in an archive for your review.

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please email us at: info@nettelhorstimages.com or write to us by mail to Nettelhorst Images, Inc., 2815 N 77th Avenue, Elmwood Park, Illinois, 60707 USA, Attn: Privacy.

1. What Information We Collect About You
2. How We Use Information We Collect
3. How We Share Information We Collect
4. Cookies and Similar Technologies
5. How to Access & Control Your Personal Data
6. California Privacy Rights
7. Data Protection Officer

1. What Information We Collect About You

Our Use of the Subscription Service
We use our own Subscription Service to build webpages that people can visit to learn more about the Creative Nation. Information that we collect and manage using the Subscription Service for our own marketing belongs to us and is used, disclosed and protected according to this Privacy Policy.

When You Visit our Websites

You are free to explore the Websites without providing any Personal Information about yourself. When you visit the Websites or register for the Subscription Service, we request that you provide Personal Information about yourself, and we collect Navigational Information. 

“Personal Information”

We collect personal information from you when you submit web forms or interact with our Website, for example subscribing to a Creative Nation, Nettelhorst Images or Nettelhorst Photography newsletter, blog, signing up for a webinar, or requesting customer support. We also collect personal information when you sign up for a Creative Nation account.

“Personal Information” refers to any information that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, Instagram, LinkedIn, Twitter, YouTube and Google, or information that we acquire from service providers.

Personal Information includes Navigational Information or Payment Information where such information can directly or indirectly identify an individual.

• Navigational information refers to information about your computer and your visits to the Websites such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the “Use of Navigation Information” section below.
• Payment information includes information we collect and process from you when you subscribe to the Subscription Service, including credit card numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect other Sensitive Information from you.

“Sensitive Information”

This refers to credit or debit card numbers, financial account numbers or wire instructions, government issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection.

Log Files

When you view content provided by us, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by the Creative Nation, Nettelhorst Images, Nettelhorst Photography to provide general statistics regarding use of the Websites. For these purposes, we do link this automatically-collected data to other Personal Information such as name, email address, address, and phone number.

Information we collect from third parties

From time to time, we may receive Personal Information about you from third party sources including partners with which we offer co-branded services or engage in joint marketing activities, and sources such as social media websites.

Information About Children

The Websites are not intended for or targeted at children under 16, and we do not knowingly or intentionally collect personal information about children under 16 If you believe that we have collected personal information about a child under 16, please contact us info@nettelhorstimages.com so that we may delete the information.

2. How We Use Information We Collect

Compliance with Our Privacy Policy

We use the information we collect only in compliance with this Privacy Policy. Customers who subscribe to our Subscription Services are obligated through our agreements with them to comply with this Privacy Policy.

We Never Sell Personal Information

We will never sell your Personal Information to any third party. 

Use of Personal Information

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to:

• improve your browsing experience by personalizing the Websites;
• develop and improve our products and services;
• send information or Creative Nation content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business;
• promote use of our services to you and share promotional and information content with you in accordance with your communication preferences;
• provide other companies with statistical information about our users — but this information will not be used to identify any individual user and will only be shared on an aggregate and de-identified basis;
• contact you about billing, account management, and other administrative matters;
• send information to you regarding changes to our Customer Terms of Service, Privacy Policy (including the Cookie Policy), or other legal agreements;
• investigate and help prevent security issues and abuse; or
• meet legal requirements.

We 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, we do not transfer your Personal Information to the third party.

Legal basis for processing Personal Information (EEA visitors only)

If you are a visitor located in the European Economic Area (“EEA”), Nettelhorst Images, Inc. is the data controller of your personal information. Nettelhorst Images’ Data Protection Officer can be contacted at info@nettelhorstimages.com. 

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

Use of Navigational Information

We use Navigational Information to operate and improve the Websites and to provide you with a better experience when you interact with the Creative Nation, Nettelhorst Images and Nettelhorst Photography. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about the Creative Nation. Navigational Information, such as IP address, is used to approximate your location. For example, we may use your approximate location to provide content that has been translated or send emails at certain times using your local time zone.  

You may disable the collection and use of your location data through browser-, operating system- or device-level settings. Consent concerning location data may be withdrawn at any time by emailing us at info@nettelhorstimages.com.

Customer Testimonials and Comments

We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.

Use of Payment Information

If you give us Payment information, we use it solely as authorized by you in accordance with this Privacy Policy in order for you to use the Creative Nation Services, including to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

Security of your Personal Information

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Information is protected using appropriate physical, technical and organizational measures. For more on Security at the Creative Nation, Nettelhorst Images and Nettelhorst Photography, please see https://www.nettelhorstimages.com/security. 

Social Media Features

Our Websites include Social Media Features, such as the Facebook Like button and Widgets, such as the Share Button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

External Websites

Our Websites provide links to other websites of third parties. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

Public Forums

We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on the Websites if you so request, as described in “To Unsubscribe From Our Communications” below.

Retention of Personal Information

How long we keep information we collect about you depends on the type of information, as described in further detail below.  After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible. 

We retain Personal Information that you provide to us where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements).

When we have no ongoing legitimate business need to process your Personal Information, we securely delete the information or anonymize it or, if this is not possible, securely store your Personal Information and isolate it from any further processing until deletion is possible. We will delete this information at an earlier date if you so request, as described in the “How to Access & Control Your Personal Data” below.

If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us or ceased using your Creative Nation account.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created

The data our customers collect by using the Creative Nation Service is retained according to the relevant agreements with our customers.

3. How we Share Information we Collect

Service Providers

We employ other third-party service providers to provide services on our behalf to visitors to our Websites and our customers and users of the Creative Nation Service and may need to share your information with them to provide information, products or services to you. We might also share data with third parties but only if the data has been de-identified in a way so it cannot be used to identify you. Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis on your use of the Creative Nation Service or interactions on our Websites, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, developing and improving the product and services, and providing customer service or support. These service providers are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and data protection policies and standards.

Creative Nation Partners

In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information.

We partner with trusted third parties to provide you with co-marketing content that we think may be relevant to you. When you engage with these co-marketing partners, we will tell you who we are sharing data with, and provide a link to the co-marketing partner’s privacy policy so you can learn more about how to opt-out of the partner’s communications. These co-marketing partners are required to adhere to our privacy and data protection policies. For more information on our co-marketing program or if you do not want us to share your personal information with these companies, please contact us at info@nettelhorstimages.com. 

Corporate Events

If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by the Creative Nation, Nettelhorst Images, Nettelhorst Photography on the Websites and the Creative Nation Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.

Compelled Disclosure

We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.

4. Cookies and Similar Technologies

Cookies

The Creative Nation and our partners use cookies or similar technologies (such as web beacons and JavaScript) to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. To find out more about how we use cookies on our Websites and how to manage your cookie preferences please see our Cookie Policy.

Navigational Information Collected by Our Customers

Our customers can use the tools we provide, as well as tools provided by third parties, to collect Navigational Information when you visit their webpages on the Creative Nation Service. The Creative Nation does not control our customers’ use of these tools, nor do we control the information they collect or how they use it.  

Flash Cookies and Other Third-Party Tracking Technologies

The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as “Flash cookies.” The Creative Nation does not use Flash cookies. However, our customers of our software platform may create pages on the Creative Nation platform that employ Adobe Flash cookies. For more information on “Flash cookies” and how you can manage them please visit our Cookie Policy.  

Advertising

We partner with a third-party ad network to either display advertising on our Website or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests.  If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by sending an email stated the such to info@nettelhorstimages.com. Please note this does not opt you out of being served advertising.  You will continue to receive generic ads.

Third Party Tracking Technologies

The use of cookies and web beacons by any tracking utility company is not covered by our Privacy Policy or Cookie Policy. 

5. How to Access & Control Your Personal Data

Reviewing, Correcting and Removing Your Personal Information

You have the following data protection rights:

• You can request access, correction, updates or deletion of your personal information.
• You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information.
• If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada) are available here.)

To exercise any of these rights, please contact us via email at info@nettelhorstimages.com or by mail to Nettelhorst Images, Inc., 82 Jamestown Court, Grayslake, Illinois, 60030 USA, Attention: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.

If you would like to access or control your data with one of our customers or users of the Creative Nation Service, please contact the customer or user directly. The Creative Nation acts as a processor for our customers and will work with our customers to fulfill these requests when applicable.

Anti-Spam Policy

Our Acceptable Use Policy, at http://community.nettelhorstphotography.com/acceptable-use, applies to us and to our customers and, among other things, prohibits use of the Creative Nation Service to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the Creative Nation Service of an “opt-out” mechanism and other required information. We require all of our customers to agree to adhere to the Acceptable Use Policy at all times, and any violations of the Acceptable Use Policy by a customer can result in immediate suspension or termination of the Creative Nation Service.

To Unsubscribe From Our Communications

You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, updating your communication preferences, or by contacting us via email at info@nettelhorstimages.com or postal mail to Nettelhorst Images, Inc., 82 Jamestown Court, Grayslake, Illinois, 60030 USA, Attention: Privacy. Customers cannot opt out of receiving transactional emails related to their account with us or the Creative Nation Service. 

To Unsubscribe From Our Customers’ Communications

Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications. You can unsubscribe from our customers’ marketing communications by clicking on the “unsubscribe” link located on the bottom of their emails, or by contacting them directly.

6. California Privacy Rights

This section applies only to California consumers. It describes how we collect, use, and share California consumers’ Personal Information in our role as a business, and the rights applicable to such residents.  The California Consumer Privacy Act (“CCPA”) requires businesses to disclose whether they sell Personal Data. The Creative Nation, Nettelhorst Images and Nettelhorst Photography is a business, and does not sell Personal Data. We may share Personal Data with third parties if those third parties are authorized service providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such Personal Data. 

If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access. 

For purposes of this section “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA”).  

How We Collect, Use, and Share your Personal Information

We have collected the following statutory categories of Personal Information in the past twelve (12) months:

• Identifiers, such as name, e-mail address, mailing address, and phone number. We collect this information directly from you or from third party sources. 
• Commercial information, such as subscription records. We collect this information directly from you. 
• Internet or network information, such as browsing and search history. We collect this information directly from your device. 
• Geolocation data, such as IP address. We collect this information from your device.
• Financial information, such as Payment Information or financial account numbers in the process of providing you with a subscription. We collect this information from you. 
• Inferences. 
• Other personal information, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Subscription Service. 

The business and commercial purposes for which we collect this information are described in Section 2 of this Privacy Policy. The categories of third parties to whom we “disclose” this information for a business purpose are described in Section 3 of this Privacy Policy. 

Your California Rights

You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law.

The right of access means that you have the right to request that we disclose what Personal Information we have collected, used and disclosed about you in the past 12 months. 

The right of deletion means that you have the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions. 

The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights. 

How to Exercise your California Rights

You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Information, we will verify your identity by a method appropriate to the type of request you are making. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent’s identity to protect your Personal Information. 

Please use the contact details below, if you would like to: 

• Access this policy in an alternative format;
• Exercise your rights;
• Learn more about your rights or our privacy practices; or
• Designate an authorized agent to make a request on your behalf.

Email us at: info@nettelhorstimages.com

7. Data Protection Officer

If you have any questions about this Privacy Policy or our privacy practices, or if you have a disability and need to access this notice in a different format, please contact us via email at info@nettelhorstimages.com or by mail at:

Data Protection Officer Nettelhorst Images, Inc.
2815 N 77th Avenue
Elmwood Park, Illinois 60707 USA 

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