Last updated: February 16th, 2021
1. What Types of Personal Information Do We Collect?
Information You Give Us. You may give us information by requesting a quote for services, giving us content to be incorporated within a website or design, entering information through our online forms or surveys, or contacting us by phone or email for information or customer service.
The categories of information include:
- Contact information, such as name, address, location, email, and telephone number
- Financial information, such as credit card information or bank account information
- Audio, electronic, visual, or similar information, such as graphic images, videos, or audio media if they contain identifying information and are to be incorporated within your design
Information We Automatically Collect. Like many website operators, we collect information that your browser sends whenever you visit our website.
This includes Log Data, such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Sites that you visit, the time and date of your visit, the time spent on those pages and other statistics, and whether you reached our page via a social media or email campaign. This information may be collected via several technologies, including cookies, web beacons, clear GIFs, canvas fingerprinting and other means, such as Google Remarketing and Facebook Pixel.
Information We Collect From Third Parties. If you access our Sites through third parties (e.g., Facebook or Google), or if you share content from our Sites to a third party social media service, the third party service will send us certain information about you if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
2. How Do We Use Personal Information?
We use your personal information as follows:
- To provide you with the services on our platform, which involves design, advertising, content writing, and development services
- To market our products and/or services to you
- With respect to website cookies, to share with third-party marketing partners to provide tailored advertising on our Sites and other websites that you may visit
- To analyze Sites usage and improve the services offered
- For market research, project planning, troubleshooting problems
- To provide you with employment opportunities
- For detecting and protecting against error, fraud or other criminal activity
3. How Do We Share Personal Information?
Affiliates and Service Providers. We share your information with our third-party service providers and any subcontractors as required to offer you our products and services. For example, we use MailChimp to send our email marketing campaigns, HubSpot, Kipwise and Monday.com for customer and lead management, and Mixmax for sales management.
Third Party Links and Websites. Our Sites may contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any data to these websites.
Disclosures Required by Law. We may be required to disclose your data in response to lawful requests by public authorities, including to meet law enforcement requirements. We may be under a duty to disclose or share your personal information in order to comply with any legal obligation, to enforce or apply our terms and conditions and other agreements, to protect our rights, property, or safety, or the protect the rights, property, or safety of others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
4. How Do We Respond to ‘Do Not Track’ Signals?
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
Google Ads/Facebook Pixel. We also use Google Ads and Facebook Pixel to deliver tailored advertising on our Sites and other websites that you may visit. You can learn more about how to control advertising cookies by visiting the Network Advertising Initiative’s Consumer Opt-Out link, the DAA’s Consumer Opt-Out link for browsers, or the DAA’s opt-out link for mobile devices. Please note that electing to opt-out will not stop advertising from appearing in your browser or applications and may make the ads you see less relevant to your interests.
6. Your Privacy Choices
Please contact us if you would like to request access and/or make any changes to your personal information.
Marketing Opt-Out: We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send, or you can contact us using the contact details provided in the “Contact Information” section below. You will still continue to receive service-related messages concerning products and services you have purchased (unless we have indicated otherwise).
Exercising Your Privacy Rights. We have listed the privacy rights for several jurisdictions below, but we understand you may have additional rights in your jurisdiction. You may contact us directly at any time about exercising your data protection rights. We will consider your request in accordance with applicable laws.
California Privacy Rights
If you are a California consumer, you have the following rights under the California Consumer Privacy Act of 2018 (CCPA):
- The right to know what personal information is being collected about you.
- The right to know whether your personal information is sold or disclosed and to whom.
- The right to say no to the sale of personal information.
- The right to access your personal information.
- The right, in certain circumstances, to delete the information you have provided to us.
- The right to equal service and price, even if you exercise your privacy rights.
Request for Information and Deletion (CCPA). California consumers have the right to request, up to twice in a 12-month period, that a business that collects personal information about the consumer disclose to the consumer the information listed below for the preceding 12 months. We have the right to request verification of your identity for all requests for information.
(1) The categories of personal information it has collected about that consumer.
(2) The categories of sources from which the personal information is collected.
(3) The business or commercial purpose for collecting or selling personal information.
(4) The categories of third parties with whom the business shares personal information.
(5) The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
(6) The categories of personal information that the business disclosed about the consumer for a business purpose.
(7) The specific pieces of personal information it has collected about that consumer.
To make such a request, please contact us using the details below in Section 14, Contact Information.
Third Party Marketing. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the third parties’ direct marketing purposes.
7. Legal Bases for Processing (EEA and UK Individuals)
If you are from the European Economic Area or United Kingdom, our legal bases for collecting and using your Personal Information is as follows:
- The performance of your contract or to enter into the contract and to take action on your requests. For example, to process your Care Plan or services payments or to contact you regarding your requested design services.
- Our legitimate business interests. For example, fraud prevention, maintaining the security of our network and services, direct marketing to you, and improvement of our services.
- Compliance with a mandatory legal obligation. For example, accounting and tax requirements, which are subject to mandatory retention periods. We may also collect your Personal Information to record your requests to exercise your rights and to verify your identity for such requests.
- Consent you provide where we do not rely on another legal basis. Consent may be withdrawn at any time.
- In some limited cases, we may also have a legal obligation to collect Personal Information from you, in response to lawful requests by public authorities, including to meet law enforcement requirements, as described above in “How Do We Share Personal Information?”
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the "Contact Information" section below.
8. EEA or UK Individuals’ Rights
If you are from the European Economic Area or United Kingdom, you have the right, under certain circumstances, to:
- Access your Personal Information;
- Correct inaccurate Personal Information;
- Request erasure of your Personal Information without undue delay;
- Request the restricted processing of your Personal Information;
- Request portability of the Personal Information that you have given us; and
- To object to the processing of your Personal Information.
If you are from the European Economic Area, you also have the right to lodge a complaint with a supervisory authority, under certain circumstances.
You may contact us using the contact details provided in the “Contact Information” section below for more information or to exercise your rights.
9. International Transfers of Data
Any data that you provide to us may be accessed, shared or processed by our offices, located in the United States, and service providers located in the United States, if such data transfer is necessary for the specific purpose for which you submitted your data (such as the provision of goods or services under a written contract).
This may entail a transfer of your personal information across international borders. The data protections standards may differ and be lower than the standards enforced in your jurisdiction.
We maintain appropriate safeguards as required by applicable law for any personal information transferred internationally, and as required by applicable law, will seek your consent prior to such transfers.
10. Children’s Privacy
The Sites are not directed at individuals under the age of 16. We do not knowingly collect personal information from children under 16. If you become aware that a child has provided us with personal information, please contact us using the contact details provided in the “Contact Information” section below. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information.
11. Change of Control
Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change in control. If we sell, merge or transfer any part of the business, part of the sale may include your personal information.
12. How Do We Protect Personal Information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. For example, when possible, we use encryption to transfer and store data. We further limit access to this data using access controls and confidentiality commitments.
However, no website, application, or transmission can guarantee security. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personal information obtained through the Sites, we cannot ensure or warrant the security of any information you transmit to us.
13. Policy Changes
14. Contact Information
Smack Happy Design, LLC
219 Hartford St
San Francisco, CA 94114