This Privacy Policy applies to www.digitalmarketsource.com operated by me, John Davis of [Insert City], [Insert County], TX, USA and the third parties I`m using to provide the website “we”, “us”, “our”.
If you have any questions about my Privacy Policy or wish to exercise your rights under applicable laws, please contact me using john@digitalmarketsource.com or my Contact Form.
Background
This Privacy Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum, to make sure you understand the information provided. However, to achieve this objective I would like to explain you the following two concepts.
What is Personal Information?
Personal Information is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Information.
What is Processing?
“Processing” means and covers virtually any handling of data.
What law applies?
I act as the data controller in accordance with the Texas Consumer Privacy Act (“TCPA”) and the EU`s General Data Protection Regulation (“GDPR”).
General Principles
Purpose and legal basis of processing
In accordance with the TCPA and GDPR we need to have both a purpose and a legal basis to process Personal Information. The purposes are:
providing the website and shop and their functions and contents,
responding to contact requests and communicating with our customers,
providing our services, and
security measures.
Of course, we can only do that if we have at least one of the following legal bases or in other words lawful reasons to do so. Unless specifically described below, we typically link the above purposes to one of the following:
consent,
to fulfil our services and carry out contractual obligations,
to fulfil our legal obligations, and
to protect our legitimate interests.
Security
My website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Information processed through this website.
Nevertheless, internet-based data transmissions can always have security gaps, so absolute protection cannot be guaranteed. In this sense, databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion.
Upon becoming aware of a data breach, I will notify all affected individuals whose Personal Information may have been compromised as expeditiously as possible after which the breach was discovered.
Retention and Storage
I retain your Personal Information as necessary in connection with the purposes described in this Privacy Policy, and in accordance with Texas’ Statutory Retention Periods and other applicable laws.
Minors
I do not request Personal Information from minors and children and do not knowingly collect such data or pass it on to third parties.
Automated decision-making
Automated decision-making including profiling does not take place.
Do Not Sell
I do not sell your Personal Information.
Special Category Data
Unless specifically required and consent is obtained, for a particular service, we do not process special category data.
Social Media
I`m present on social media on the basis of my legitimate interest. If you contact me via social media, I and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is my legitimate interest, your consent or, in some cases, the initiation of a contractual service, if any.
International Transfer
In the course of my website operation, we process data. We usually do not transfer Personal Information to countries outside the USA. However, if we do, I will make sure that processing of your Personal Information is governed by Processing Agreements that include Standard Contractual Clauses for a high level of data protection.
Sharing and Disclosure
We will not disclose or otherwise distribute your Personal Information to third parties unless this is a) necessary for the performance of our services for example with our web host (see below), b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings at home or abroad or to fulfil our legitimate interests.
Data collection and processing
Data we collect directly
We may ask you for Personal Information when you:
use my website,
request services, support or information,
participate online or otherwise in marketing activities including affiliate marketing,
subscribe to my marketing and promotional emails or other materials,
interact with me on third-party social networking sites (subject to the terms of use and privacy policies of said third parties), or
contact me.
Categories of Personal Information we collect may include your name, email address, phone number and IP addresses. We may also collect demographic data such your interests, and preferences.
In order to provide you with a more consistent and personalized user experience in your interactions with me, data collected through one source may also be linked to other data collected by us through other sources. This may include data that helps us to identify you when you access my website through several different devices.
Data we collect automatically
We may automatically collect information about user behavior and usage regarding your visits to my websites, such as the pages you view, the links you click, and other actions you take in connection with my website.
We may also collect certain information about the browser you use to access my website, such as your IP address, device identifier, location data, browser type and language, and your access times, the URL (“Uniform Resource Locator”) of the website from which you arrived at my website, and the URL to which you are directed after leaving my website if you clicked on a link on my website.
Data from third party sources
We may obtain data about you from third-party sources, such as our marketing partners, social networks, and other third parties. We may use this data to better analyze your user behavior to improve our ability to provide you with relevant marketing information and services, and to prevent and combat fraud.
Cookies
We use so-called cookies on our web site. Cookies are small text files that are stored on your respective device (PC, smartphone, tablet, etc.) and saved by your browser. For further information please refer to our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.
Our use of Personal Information
I may use your Personal Information for the following purposes:
providing you with services and support, and conducting transactions you request,
enabling you to use my website,
providing support to respond to your online inquiries,
customize, analyze, and optimize my website and services (including content to gauge usage trends and determine the effectiveness of our marketing campaigns,
better understanding our readers and website users,
personalizing content and implementing your preferences,
prevention of fraud and other prohibited or unlawful activities,
protecting the security and integrity of my websites, businesses, and services; and
other functions and purposes disclosed to you at the time of collection or as required or permitted by law.
Cooperation with processors
We use content or service offers of third-party providers on the basis of our legitimate interests in order to integrate their content and services on our website. This usually requires that the third-party provider becomes aware of your IP address so that the content and services can be displayed on your device.
Below you can find a list of the relevant content and services we use along with the relevant third-party provider. We would like to ask you to review their privacy policies, which contain further information on the processing of Personal Data and so-called opt-out measures, if any.
Analytics and Tracking: Google Analytics by Google LLC
Content Management System: WordPress by Automatic Inc
Fonts: Google Fonts by Google LLC,
Hosting: HostGator.com a service operated by Newfold Digital Inc
Marketing
General Marketing
Insofar as you have also given me your consent to process your Personal Information for marketing and advertising purposes, I`m entitled to contact you for these purposes via the communication channels you have given your consent to.
Affiliate Marketing
I also participate in Affiliate Programs. Affiliate programs are designed to provide a means for website owners to earn advertising fees by advertising and linking. As such my website may contain affiliate marketing links, which means we may get paid commission on sales of those products or services I write about. You will never be charged a fee through one of my affiliate links, however you may get a discounted rate of the relevant affiliates services and I will make a small commission. My editorial content is not influenced by advertisers or affiliate partnerships.
Objection to Advertising Personalisation, Retargeting and Tracking
If you do not wish to participate in our advertising personalisation or retargeting/tracking you can object to behavioural advertising at the Following websites: Your Online Choices, Digital Advertising Alliance of Canada, Network Advertising Initiative or AdChoices.
Your Rights and Privileges
Privacy rights
Under the TCPA, you have the following rights:
Right to know
Right to rectification
Right of deletion
Right of non-discrimination
Right to opt-out of sale
Under the GDPR, you can exercise the following rights:
Right to information
Right to rectification
Right to object to processing
Right to deletion
Right to data portability
Right of objection
Right to withdraw consent
Right to complain to a supervisory authority
Right not to be subject to a decision based solely on automated processing
If you have any questions, please contact us.
Updating your information
If you believe that the information, I hold about you is inaccurate or request its rectification, deletion, or object to its processing, please do so by contacting me.
Withdrawing your consent
You can withdraw consents you have given at any time by contacting me.
Access Request
In the event you want to make a Data Subject Access Request, please contact us. I will respond to requests regarding access and correction as soon as reasonably possible. Should I`m not be able to respond to your request within thirty (30) days, I will tell you why and when I will be able to respond to your request. If I`m unable to provide you with any Personal Information or to make a correction requested by you, I will tell you why.
Changes
I may update this Privacy Policy from time to time. If I make changes to this Privacy Policy or we materially change our use of your Personal Information, I will revise the Privacy Policy accordingly.
Questions?
If you have any questions about the processing of your Personal Information, please contact me using john@digitalmarketsource.com or my Contact Form.
This Privacy Policy was last updated on Friday, February 17, 2023.