Privacy Policy

Privacy Policy

The Creative Agency

Last updated: June 30, 2023
Recent changes include: No material changes to the manner in which we interact with consumers

Summary

This policy explains the rights of Colorado residents regarding the collection, use, sale, and sharing of their personal data under the Colorado Privacy Act (CPA), effective July 1, 2023. We may update and make changes to this policy, so we encourage you to review it periodically.
1. Personal Data We Collect About You.

We collect information to provide goods and/or services to you, to help improve your customer experience, and to support our business functions. We may collect the following categories of consumer personal data:

  • Identifiers: Information that identifies, relates to, describes, or is capable of being associated with, a particular individual such as name, signature, social security number, address, telephone number, driver's license, passport number, and state identification card number.
  • Payment Information: Account numbers, credit or debit card numbers.
  • Commercial information: Purchase and transaction history.
  • Biometric information: Fingerprints, voice prints, facial geometry, and retina scans.
  • Internet or other electronic network activity information: Mobile device and online identifiers, Mac address, IP address, cookie IDs, browser activity, search history, social media information, and information regarding your interaction with our website or mobile application.
  • Precise geolocation data.
  • Demographic Information. Age, gender, race, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information.
  • Profile information. Any form of automated process performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
  • Sensitive Data. Data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation or citizenship or immigration status; the processing of genetic or biometric data for the purpose of uniquely identifying an individual; personal data collected from a known child; or precise geolocation data. We will not process your sensitive data or personal data collected from a known child without obtaining your consent.

 

2. Why We Use Your Personal Information.

We use the information identified above for:

  • maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services;
  • advertising or marketing
  • helping to ensure security and integrity and prevent fraud;
  • undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them;
  • auditing or monitoring of transactions and engagements;
  • compliance with our legal and regulatory obligations;
  • performing our contract with you or taking steps at your request before entering into a contract;
  • conducting research and analysis;and
  • other legitimate business purposes

 

3. Categories of Personal Data We Sell to or Share with Third Parties.

We sell or share the following categories of personal information with third parties for the following specified purposes:

  • Identifiers: We share or sell your contact details for processing purposes;
  • Commercial information: We share or sell your purchase and transaction history for processing purposes;
  • Internet or other electronic network activity information: We share or sell your mobile device and online identifiers, Mac address, IP address, cookie IDs, browser activity, search history, social media information, and information regarding your interaction with an internet website, application, or advertisement for processing purposes;
  • Location data: We share or sell your geolocation data for processing purposes
  • Demographic Information. We share or sell your demographic information, including your [age, gender, race, citizenship, ethnicity, date of birth, family or marital status, household income, education, professional and employment information for processing purposes;
  • Profile information. We share or sell your profile information or any form of automated process performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location or movements for processing purposes;
  • Sensitive Data. We share or sell your sensitive data, including data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation or citizenship or immigration status; the processing of genetic or biometric data for the purpose of uniquely identifying an individual; personal data collected from a known child; or precise geolocation data for processing purposes.

 

4. Categories of Personal Data We Sell to or Share with Third Parties.

We may share your personal data with:

  • Companies affiliated with The Creative Agency, to offer you products and services that may interest you;
  • Third parties that provide support services to us, including our banking partners, marketing agencies, analytics providers, web hosts, call center/chat providers, sweepstakes vendors, payment processors, fraud prevention providers, shipping services providers, and product vendors. We limit information shared with service providers to what is necessary to fulfill the services.
  • Third parties for other legitimate business purposes, including our insurers and brokers, credit reporting agencies, data brokers, third-party advertisers, and other merchants.
  • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
  • Law enforcement and other government agencies and regulatory bodies to comply with our legal and regulatory obligations.
  • We do not share your personal data with any other third party.

 

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers, contractors, and third parties to ensure they can only use your personal data to provide services to us and to you.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

 

5. Your Rights Under the CPA and How to Exercise Them.

Residents of Colorado have certain personal data rights under the Colorado Privacy Act (CPA).

You have the right to

  • Opt-out of the processing of your personal data for purposes of:
    • Targeted advertising
    • Sale of personal data
    • Profiling that produces legal or significant effects on you
  • Access your data and to confirm that your data is being processed by us.
  • Request deletion of your data held by us.
  • Request correction of your data held by us.
  • Receive your requested data in a usable and transferable form.
  • Non-discrimination or retaliation for exercising any of these rights.
  • Designate an agent to exercise your rights on your behalf.
  • Appeal if your request is denied.

 

Responding to Requests.

We are required to respond without undue delay but within 45 days of receipt of your request. Depending on factors such as the type and complexity of the request, we may extend the time for response once for 45 additional days, as long as we notify you within the original 45 days.

If we decline to take action regarding your request, we must notify you without undue delay, but within 45 days of the receipt of the notice and provide information on our appeal process. We are required to provide justification and provide information on the appeal process within a reasonable time after the communication of the decision to decline.

You can request information under the CPA free of charge once per year. For a second or subsequent request within a 12-month period, we may charge an amount that is the same for the provision of a public record, which is $0.25 per standard page, or a fee not to exceed the actual cost of providing a copy, printout, or photograph of the record in a format other than a standard page.

 

How to Exercise Your Rights:

If you would like to access your data, confirm that your data is being processed by us, request deletion of your data, request correction of your data, or receive your requested data in a usable and transferable form, you can do so here: https://thecreativeagencyco.com/contact/. You may also call us at (970) 420-3589, or email us at info@fortcollinscreativeagency.com.

If you wish to exercise your opt-out rights, you can do so here (url link stating “Colorado Opt-Out Rights”). If you wish to designate an agent to exercise your rights on your behalf or are a guardian or conservator exercising consumer rights on behalf of another you can do so here: https://thecreativeagencyco.com/contact/. You may also call us at (970) 420-3589, or email us at The Creative Agency. If your request to exercise your rights is declined, you may appeal by contacting us at The Creative Agency.

 

If you need to contact us for any reason, you can do so here: https://thecreativeagencyco.com/contact/. You may also call us at (970) 420-3589, or email us at The Creative Agency.

  • Please note that you may only make a CPA-related data access or data portability disclosure request for free once within a 12-month period. Subsequent requests may result in fees as noted above.
  • If you choose to contact us directly, you will need to provide us with:
    • Enough information to identify you (e.g., your full name, address and customer or matter reference number);
    • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
    • A description of what right you want to exercise and the information to which your request relates.
  • We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.
  • Any personal data we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

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