Application of Policy
Information We Collect About You
We collect several types of information from and about users of our Site, including personal information and non-personal information.
“Personal information” is information that can specifically identify you. Your provision of your personal information to us is completely voluntary. We do not collect personal information from you through the Site unless you submit that information to us, such as when you sign up for our newsletter. Categories of personal information we collect may include:
- Identity Data, which includes name or other similar identifiers.
- Contact Data, which includes postal address, email address and telephone number.
Additionally, we may also collect certain other types of information that, along with Identity Data, Contact Data, and Financial Data may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:
- Technical Data, which may include internet protocol (IP) address
- Usage Data, which includes information about how you use our Site.
- Marketing and Communications Data, which includes your preferences in receiving marketing from us.
IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EUROPEAN UNION DISCLOSURES” THAT PERTAIN TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
In addition, we may also collect information that is not personal information (“non-personal information”).
The legal basis for our collection and processing of personal information, where required, is as set forth below under “Legal Basis.”
How We Collect Your Information
We collect your information:
- Directly from you when you provide it to us.
- Automatically as you use the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
- From third parties, for example, our clients.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Site, including traffic data (including what pages on the Site you visit and what links you clicked on), the address of the websites you visited before and after you visited the Site, logs, and other communication data and the resources that you access and use.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Site according to client and individual interests.
- Recognize you when you return.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How We Use Your Information
We may use non-personal information without restriction, subject to the section titled “Additional EU Disclosures”. For example, and subject to section titled “Additional EU Disclosures”, we may use non-personal information to improve and enhance your experience on the Site and for our market research activities. In some instances, we may combine non-personal information with personal information. If we combine any non-personal information with personal information, the combined information will be treated by us as personal information. Subject to the Section titled Additional EU Disclosures, we use information that we collect about you or that you provide to us, including any personal information:
- To provide, maintain, protect and improve the Site.
- To provide clients and users with information, products, or services that are requested from us.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts to which we are a party.
- To notify you about changes to our Site.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our products and services that may be of interest to you if you’ve provided your consent for us to do so. If you do not want us to use your information in this way, please do not opt-in on the form on which you provide your contact information or email us an unsubscribe request to [email protected] For more information, see Choices About How We Use and Disclose Your Information below. Finally, we reserve the right to supplement your information with information we gather from other sources which may include information we gather from online and offline sources.
We may ourselves, or with third party vendors, use information we collect or vendor information to deliver targeted advertising to you when you visit other websites or our Site. Cookies, clickstream data, and other similar technologies described herein may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “interest-based advertising,” enables us and our vendors to know your interests in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Choices About How We Use and Disclose Your Information.”
Disclosure of Your Information
- To contractors, service providers, and other third parties we use to support our business and provide the Site, including, without limitation, for the purpose of website hosting, data analysis, information technology services, customer service, e-mail delivery services, auditing, training, and other similar services. These third parties may have access to personal information necessary to perform their functions, but may not use it for other purposes.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site’s users is among the assets acquired.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information as we believe necessary or appropriate:
- To comply with any court order, law, or legal process (including from outside your country of residence), including to respond to any government or regulatory request (including from government or regulatory authorities outside your country of residence).
- To enforce agreements to which you and we are a party.
- To protect our operations or those of any of our affiliates.
- If we believe disclosure is necessary or appropriate to protect our or your rights, property, or safety or that of of our employees, customers, affiliates or others.
- To allow us to pursue available remedies or limit the damages that we may sustain.
- For legitimate business interests.
Specific Third-Party Disclosures
We use the following third-party services for the purposes described. These third parties will receive your information to the extent necessary to provide their services or perform their functions as described. The treatment of your data by these parties is subject to their policies.
- For hosting, Wpengine: https://wpengine.com/legal/privacy/
- For analytics, Google Analytics: https://policies.google.com/privacy
- For marketing automation, MailChimp: https://mailchimp.com/legal/privacy/
- For relationship management, Hubspot: https://legal.hubspot.com/privacy-policy
- For submission, Typeform: https://admin.typeform.com/to/dwk6gt
- Site CMS, wordpress: https://wordpress.org/about/privacy/
- For submission, Optinmonster: https://optinmonster.com/privacy/
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from Us. If you do not wish for us to use your information to contact you in order to promote our own products or services, you should not opt in on the form on which you provide your contact information. You can also always opt-out from future promotional messages from us by sending us an email stating your request to [email protected] We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of the Site may no longer be available to you.
- If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of the Site may no longer be available to you.
- The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs.
- Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.
Accessing and Correcting Your Information
You can review and change your personal information by sending us an email to [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Site that are California residents to request (a) a list of the categories of personal information, such as name, email address and mailing address and the type of services provided to the user that we have disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make such a request, please send an email to [email protected] If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at [email protected]
Data Security & Retention
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We take steps designed to ensure that only those employees and other service providers who need access to your personal information to fulfil their employment duties will have access to it. All information you provide to us is stored on secure servers behind firewalls. Sensitive and private data exchange between our Site and their users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we put in place reasonable physical, electronic and managerial procedures to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
We will maintain your personal information for as long as we need it to provide you with the Site and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. If you are situated in the EU, we will retain your personal data for as long as necessary to fulfill the purposes we collected it for and to fulfill any legal obligations. In some circumstances, you can ask us to delete your data: see Request erasure below for further information.
Protection for children
Our Site is intended for ages 18 and over. We do not knowingly collect information from children under 18 years old. When we become aware that information (or other information that is protected under applicable law) from a user under 18 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database.
If you are accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use, which is governed by the law of the United States and this policy, you will be transferring your personal information into the United States and you consent to that transfer. In addition, your information may be stored and processed in any country where we have facilities or in which we engage third party service providers. By using the Site, you consent to the transfer of information to countries outside your country of residence, some of which have not been determined by the European Commission to have an adequate level of data protection, and which may have different data protection rules than in your country. Such transfer will be in compliance with the requirements of the General Data Protection Regulation (“GDPR”) if applicable to such transfer. While such information is outside of your country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
Additional EU Disclosures
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where you have consented to a certain use of your personal data.
- Where we need to comply with a legal or regulatory obligation.
To the extent permitted under applicable laws, we will also process, transfer, disclose and preserve personal data when we have a good faith belief that doing so is necessary.
C42D Creative Inc. is the data controller of all personal data collected through our Site. To contact us, please see the section titled “Contacting Us”.
If you are situated in the EU and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us in the first instance. If you have a complaint, please contact [email protected]
Provision of personal data and failure to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we will not be able to provide services to you.
Withdrawing your consent
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time by contacting us at [email protected] When you do so, this will not affect the lawfulness of the processing that took place before such withdrawal.
Use of your personal data for marketing purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
- Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.
- Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.
To see how you can opt out of marketing communications, please see the section titled “Choices About How We Use and Disclose Your Information”.
Data Subject Rights
If you are situated in the EU, under the GDPR, as a data subject, you have the following rights to:
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
To exercise your rights under the GDPR, please contact us at [email protected] Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In order to verify your identity, we may need to gather more personal data from you than we currently have.
Third Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
C42D Creative Inc.
315 W 36th Street
New York, New York 10018
Last Updated: 02-20-2019