TERMS OF SERVICE

Published on September 10, 2024

These terms and conditions (the “Terms of Service”) govern your access to and use of the services provided by Heart & Dune Artistry, LLC dba Erika Hartingh (referred to as “we,” “us” or “our”), including makeup application and makeup lessons, as well as the use of our website (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms of Service, including the binding Arbitration provision below. Do not access, attempt to use or use the Service if you are unwilling or unable to be bound by these Terms of Service.

1. Acceptance of Terms

By accessing and using the Service, you agree to comply with and be bound by these Terms of Service. If you do not agree to these terms, please do not use this Service.

2. Services Provided

Heart & Dune Artistry, LLC dba Erika Hartingh provides makeup services, including makeup application, makeup lessons and other related services. Detailed information about the services offered can be found on our website. Prices for these services are subject to change without notice.

3. Appointments and Payments

Appointments can be scheduled by contacting us directly at bookings@erikahartingh.com. A 50% non-refundable and non-transferable deposit is required to confirm your appointment. The remaining balance is due in full before your service starts, unless otherwise agreed upon.

We accept payments via Venmo, Zelle and PayPal.

4. Rescheduling & Cancellation

We require a minimum of 48 hours’ notice for any appointment changes or cancellations. If less than 48 hours’ notice is given, the deposit is forfeited and non-refundable. However, in cases of sudden illness or emergencies, exceptions may be considered at our discretion. For changes made with more than 48 hours’ notice, you may reschedule your appointment at no extra fee, and your deposit will be applied to the new booking.

5. Travel

For on-location services within a 20-mile radius of the studio in Arlington, VA, no travel fees will apply. For locations beyond 20 miles, a prorated travel fee of $75 per hour will apply to cover time, fuel and expenses. The travel fee is calculated based on round-trip travel time (to and from your location). Any additional costs, such as parking or tolls, will be added to the final invoice.

6. Punctuality

Please arrive on time to make the most of your in-studio appointment. If you arrive late and another client is scheduled after your appointment, your appointment will either be shortened or rescheduled, and a new 50% deposit will be needed to rebook. If there is not another client scheduled after your appointment, a $25 fee (not prorated) applies to every 15 minutes beyond the original appointment time.

For on-location appointments, we will arrive 15-25 minutes early to set up. The same punctuality policies described above will apply if you are not ready to begin at the scheduled time.

7. Health, Sanitation & Safety

We take health, sanitation and safety very seriously. We hold a sanitation certification, and all tools and products are thoroughly sanitized before each session. To comply with health and safety regulations set by the Occupational Safety and Health Administration (OSHA) and to prevent the risk of cross-contamination, makeup cannot be applied if you have contagious conditions like pink eye, open sores or infections. In these cases, with proof of illness, your appointment will be rescheduled at no additional fee.

8. Intellectual Property

All content on our website, including text, graphics, logos, and images, is the property of Heart & Dune Artistry, LLC dba Erika Hartingh or its content suppliers and is protected by copyright laws. You may not reproduce, distribute or create derivative works from this content without our express written permission.

9. Liability

While we use high-quality, safe products, we are not liable for any allergic reactions or sensitivities that may occur during or after your appointment or as a result of following our makeup lessons.

To the maximum extent permitted by applicable law, Heart & Dune Artistry, LLC dba Erika Hartingh and its affiliates, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from:

• Allergic reactions or skin irritations from products applied during services.

• Dissatisfaction with the results of the makeup application or lessons.

• Any injuries sustained during appointments.

By booking and receiving our services, you agree that the maximum liability of Heart & Dune Artistry, LLC dba Erika Hartingh for any claim related to our services is limited to the amount you paid for the service in question.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms will be brought exclusively in courts located in Virginia.

11. Changes to the Terms

Heart & Dune Artistry, LLC dba Erika Hartingh reserves the right to modify these Terms of Service at any time. Any changes will be posted on this page, and your continued use of the website after such changes have been made will constitute your acceptance of the new terms.

12. Arbitration

By using the Service, you agree that any dispute or claim arising out of or relating to these Terms of Service shall be resolved through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

13. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at info@erikahartingh.com.

PRIVACY POLICY

Published on September 10, 2024

At Heart & Dune Artistry, LLC dba Erika Hartingh (referred to as "we," "us," or "our"), we respect your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website and use our services (collectively, the “Service”).

1. Information We Collect

We may collect personal information that you voluntarily provide to us when you:

• Book an appointment or purchase services.

• Subscribe to our newsletter.

• Contact us with inquiries or requests through our contact form.

This information may include your name, email address, phone number, and any other details necessary to provide our services.

2. How We Use Your Information

We use the information we collect to:

• Provide and manage your access to our website and services.

• Process your bookings and payments.

• Respond to your inquiries and requests.

• Send you promotional communications (you can opt out at any time).

• Improve our website and services.

3. Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

For individuals from the European Economic Area (EEA), the legal basis for Heart & Dune Artistry, LLC dba Erika Hartingh to collect and use your personal information depends on the nature of the data and the context in which it is collected. We may process your Personal Data for the following reasons:

• To fulfill a contract with you.

• You have provided your consent.

• The processing is in our legitimate interests and is not overridden by your rights.

• For processing payments.

• To comply with legal obligations.

4. Retention of Data

Heart & Dune Artistry, LLC dba Erika Hartingh will retain your Personal Data only for as long as necessary for the purposes set out in this Privacy Policy. Specifically, we will keep your Personal Data for as long as you are a client or continue to use our services to provide you with ongoing support and maintain your client records. We may also retain your Personal Data to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies, such as retaining certain information for tax and accounting purposes.

If you have subscribed to our newsletter or agreed to receive marketing communications, we will retain your contact information until you unsubscribe or opt-out of receiving these communications. Usage Data, which is collected automatically when you use our website, is generally retained for a shorter period of time for internal analysis to improve the functionality and security of our services. If the data is required to enhance security measures or is subject to legal requirements, we may retain it for a longer period.

5. Transfer of Data

We use Squarespace to host our website, and all data processing activities are conducted in the United States. If you reside outside the United States, your information, including Personal Data, will be transferred to the United States for processing.

By providing your personal information to us, you consent to this transfer and processing in the United States. We are committed to ensuring that your data is handled securely and in compliance with this Privacy Policy.

6. Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, Heart & Dune Artistry, LLC dba Erika Hartingh may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Legal Requirements

Heart & Dune Artistry, LLC dba Erika Hartingh may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation.

• To protect and defend the rights or property of Heart & Dune Artistry, LLC dba Erika Hartingh.

• To prevent or investigate possible wrongdoing in connection with the Service.

• To protect the personal safety of users of the Service or the public.

• To protect against legal liability.

7. Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

8. Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Heart & Dune Artistry, LLC dba Erika Hartingh takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to know what Personal Data we hold about you or want it removed from our systems, please contact us.

Your rights include:

• Access, Update or Deletion: You can access, update or request deletion of your Personal Data within your account settings or by contacting us.

• Rectification: You have the right to have inaccurate or incomplete information corrected.

• Objection: You can object to our processing of your Personal Data.

• Restriction: You can request that we restrict the processing of your personal information.

• Data Portability: You have the right to receive a copy of your data in a structured, machine-readable format.

• Withdraw Consent: You can withdraw your consent at any time where we relied on it to process your personal information.

We may ask you to verify your identity before responding to such requests. You also have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.

9. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

10. Children’s Privacy

Our services are intended for general audiences and are not directed to anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

11. Security of Your Information

We implement a variety of security measures to maintain the safety of your personal information. However, please be aware that no method of transmission over the internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

12. Cookies and Tracking Technologies

We may use cookies and similar tracking technologies to track activity on our website and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier.

13. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. The most current version of the Policy will govern our use of your information and will always be located here. We will notify you of any changes via the email you provided to us.

By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Policy.

14. Contact Us

If you have any questions about this Privacy Policy, please contact us at info@erikahartingh.com.