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Privacy Policy

Privacy Policy

Creative by Clark is committed to safeguarding your privacy. Contact us at if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.  While Creative by Clark is based in the United States and targets business exclusively in the United States, we do have clients outside the US who have come to us through referrals.  For that reason, we have decided to make our website as GDPR compliant as feasible.  However, we disclaim that we market to or openly solicit business in the EU or anywhere outside our local vicinity.

By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.

Table of Contents

  1. Definitions used in this Policy
  2. Data protection principles we follow
  3. What rights do you have regarding your Personal Data
  4. What Personal Data we gather about you
  5. How we use your Personal Data
  6. Who else has access to your Personal Data
  7. How we secure your data
  8. Information about cookies
  9. Contact information

Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) –

Data Protection Principles

We promise to follow the following data protection principles:

  • Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
  • Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  • Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  • Processing is limited to a time period. We will not store your personal data for longer than needed.
  • We will do our best to ensure the accuracy of data.
  • We will do our best to ensure the integrity and confidentiality of data.

Data Subject’s rights

The Data Subject has the following rights:

  1. Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
  2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
  3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
  4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
  5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
  6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
  7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
  8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
  9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
  10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
  11. Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

Data we gather

Information you have provided us with
This might be your e-mail address, name, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.

If you have requested a quote from us by completing our detailed form, then we do retain your company information and all the necessary details for us to provide a requested quote for services.  If you do not retain our services, we typically keep all data for a period of three years for tax purposes as we generate proposals offline (and send to you via email).

Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example,  your IP address, your site browsing history (if there is any) etc. This information is used to improve your customer experience and give us insights into what is of interest. When you use our services or look at the contents of our website, your activities may be logged.

Information from our partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. See the list of our partners here.

Publicly available information
We might gather information about you that is publicly available.

How we use your Personal Data

We use your Personal Data in order to:

  • provide our service to you. This includes, for example, registering your client account (we do plan to create a client portal system for private access within the next year but it is not active at the present time); providing you with other services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
  • enhance your customer experience;
  • fulfil an obligation under law or contract;
  • when our client portal is active, it will provide you access to design approvals, brand assets, invoices, etc.  This is not currently active.

We use your Personal Data on legitimate grounds and/or with your Consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  • to identify you;
  • to provide you a service or to send/offer you a product;
  • to communicate either for sales or invoicing;
  • to solicit feedback and approval on the services we provide.
  • we presently do not allow comments on our blog or news posts on our website, but we do auto-publish our posts to our Facebook page.  If you follow our Facebook page and read our posts on that platform, then you would have the ability to comment on posts there and be governed by Facebook privacy policies.  We do not use Facebook Pixel or other tracking at the present time.

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  • to send you personalized offers* (from us and/or our carefully selected partners or providers we trust such as recommend a hosting provider or a new WordPress plugin that has a functionality we think will enhance your business website);
  • to administer and analyze our client base (purchasing behavior and history) in order to improve the quality, variety, and availability of services offered/provided;
  • to conduct questionnaires concerning client satisfaction;
  • to communicate directly with you regarding any problems with any aspect of your website – whether it be a hosting issue (poor performance or an account renewal as examples)

As long as you have not informed us otherwise, we consider offering services to you that are similar or same to your purchasing history/browsing behavior to be our legitimate interest.

With your consent we Process your Personal Data for the following purposes:

  • to send you periodic newsletters and campaign offers (from us and/or our carefully selected partners);
  • for other purposes we have asked your consent for;

We Process your Personal Data in order to fulfill obligation rising from the law and/or use your Personal Data for options provided by law. We reserve the right to anonymize Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymized.

We save your billing information offline in our own local software and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from the law, but not longer than 3 (three) years after our last engagement with you.

We might process your Personal Data for additional purposes that are not mentioned here but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  • the link between purposes, context, and nature of Personal Data is suitable for further Processing;
  • the further Processing would not harm your interests and
  • there would be an appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners:

  • SiteGround is our website hosting provider
  • Theme licensing – if the theme is purchased through our private accounts, then your website URL and IP will be the sole personalized data used to associate a license key typically with your website.
  • Plugin licensing – it is very common for us to purchase plugins from Envato or other suppliers on your behalf in order to provide required functionality and features on your website. As with themes, license keys are generated not on the basis of client name, but on the basis of the account owner username, email and website URL and sometimes IP address.
  • PayPal – in the event you decide to pay an invoice using this payment gateway with a surcharge, you are connected to PayPal and would be governed by their privacy policies.  We receive a notification from PayPal if a payment is made but only with your name, address, email, payment amount and invoice number. However, we do not have access to your other payment details such as credit card number, expiration date or CVV.

Our business partners:

  • For clients who retain us for ongoing site maintenance services or who play an annual licensing fee, we provide access to any number of premium developer licenses – these are not business partners per se, but we pay an annual fee for unlimited developer licenses of their plugins on whatever websites we choose.  95% of the time these license keys are installed on websites with an ongoing maintenance service agreement.
    • WPMU Dev – We have been WPMU Dev Members for many years, and through that membership, we have access to all their themes, plugins, knowledge base, and support.  We install their dashboard on all websites we manage and select appropriate plugins such as WP Smush Pro for installation.  These plugins will work at the “Pro” level only so long as our membership credentials remain in place.  WPMU Dev provides Creative by Clark access to their “Hub” that includes a list of all websites where their plugins or themes are installed.  They do provide a complimentary CDN for Asset Management when we feel it is appropriate for use to improve website performance.  From their Hub, we can detach licenses and manage updates although we do not use this functionality and prefer performing updates directly on the individual client website to better coordinate the session and ensure compatibility and a lack of problems.
    • iThemes – BackupBuddy and various plugin suite plugins – iThemes provides Creative by Clark a centralized dashboard listing all websites where their plugins are installed.  We can detach licenses from this platform if necessary.
    • Gravity Forms (Rocket Genius) – we have a unique developer license key that we incorporate with the plugin on client websites.  This license key enables the plugin the ability to update and gain support that is coordinated strictly through our account access. Further, the license key provides access to the installation of extensions that expand functionality such as adding an integration feed to MailChimp, Zapier, or a payment gateway.
    • Comet Cache Pro is a premium developer cache plugin license we often install with a single license key, but no control otherwise through S2 Member, the developer of this plugin.

Connected third parties:

  • Our Hosting Provider is SiteGround
  • Cloudflare or other Content Delivery Networks (CDN) as appropriate
  • Google Analytics and Google Webmaster Tools (Search Console)

We only work with Processing partners who are able to ensure an adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

How we secure your data

We do our best to keep your Personal Data safe.  We use safe protocols for communication and transferring data (such as HTTPS with SSL Certificates and full encryption). We use anonymizing and pseudonymizing where suitable. We monitor our systems for possible vulnerabilities and attacks. We utilize other best-in-class security software.  Some might be coordinate with your hosting provider either as built-in security or additional purchased server-level protections.  We often include Cloudflare to not only enhance website speed and performance but also use its excellent security.

We install reputable security plugins on websites to proactively block DDoS attacks with WAF Firewalls and that screen traffic based on IP address to potentially block.  We whitelist our client IP addresses.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

Children

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyze customer behavior, administer the website, track users’ movements, and to collect information about users. This is done in order to personalize and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  • Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
  • Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
  • Analytics cookies – these cookies are used to track the use and performance of our website and services
  • Advertising cookies – these cookies not currently used at the present time.  If we do use them in the future, they are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed on the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.

You can remove cookies stored on your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

We use Google Analytics to measure traffic on our website. Google has their own Privacy Policy which you can review here. If you’d like to opt out of tracking by Google Analytics, visit the Google Analytics opt-out page.

Below is more detail about Google Analytics:

DATA PROTECTION PROVISIONS ABOUT THE APPLICATION AND USE OF GOOGLE ANALYTICS (WITH ANONYMIZATION FUNCTION)

On this website, the controller has integrated the component of Google Analytics (with the anonymizer function). Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

For the web analytics through Google Analytics the controller uses the application “_gat. _anonymizeIp”. By means of this application, the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.

The purpose of the Google Analytics component is to analyze the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits to our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

Contact Information

Creative by Clark
5696 Morlich Sq
Dublin, OH  43017
privacy@creativebyclark.com

Supervisory Authority

Changes to this Privacy Policy

We reserve the right to make a change to this Privacy Policy.
Last modification was made 24 May 2018.

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