PRIVACY POLICY
Introduction
Cactus Creative Co. ("Company," "we," "us," or "our") is committed to protecting your privacy and personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website https://cactuscreativeco.agency (the "Website") or engage our services.
Please read this Privacy Policy carefully. By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy.
Data Controller:
Cactus Creative Co.
Chicago, Illinois, United States
Email: hello@cactuscreativeco.agency
Information We Collect
Information You Provide Directly
Contact and Inquiry Forms:
When you submit our contact or project inquiry forms, we collect:
- First name and last name
- Work email address
- Phone number
- Company/employer name
- Company website URL
- Project details and messages you provide
Newsletter Subscription:
When you subscribe to our newsletter, we collect:
Client Engagement:
When you engage our services, we may additionally collect:
- Billing and payment information
- Business address
- Project-specific information and materials
- Communication records
- Contracts and agreements
Information Collected Automatically
Website Usage Data:
When you visit our Website, we automatically collect:
- IP address
- Browser type and version
- Operating system
- Device information
- Pages visited and time spent
- Referring website addresses
- Click patterns and navigation paths
- Date and time of visits
Cookies and Tracking Technologies:
We use cookies and similar technologies to collect information. See our Cookie Policy (Section 3) for details.
Information from Third Parties
We may receive information about you from:
- Cloudflare (security and performance services)
- Analytics providers
- Social media platforms when you interact with our profiles
- Business partners and referral sources
- Publicly available sources
How We Use Your Information
Primary Purposes
We use your information to:
- Provide Services: Deliver the creative, design, and consulting services you request
- Communicate: Respond to inquiries, send project updates, and provide customer support
- Process Transactions: Process payments and fulfill contractual obligations
- Improve Our Services: Analyze usage patterns to enhance our Website and Services
- Marketing: Send newsletters, promotional content, and service updates (with your consent)
- Legal Compliance: Comply with applicable laws and protect our legal rights
Legal Bases for Processing (for EEA/UK Users)
We process your personal data based on:
- Contractual Necessity: To perform our contract with you
- Legitimate Interests: For business operations, security, and improvement
- Consent: For marketing communications and certain cookies
- Legal Obligation: To comply with applicable laws
How We Share Your Information
Service Providers
We share information with trusted third-party service providers who assist us in:
- Website hosting and maintenance (Webflow)
- Security and DDoS protection (Cloudflare)
- Analytics and performance monitoring
- Email delivery and marketing
- Payment processing
- Cloud storage and collaboration tools
Business Transfers
If Cactus Creative Co. is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will provide notice before your information becomes subject to a different privacy policy.
Legal Requirements
We may disclose your information:
- To comply with legal obligations or valid legal processes
- To protect our rights, privacy, safety, or property
- To protect the rights, privacy, safety, or property of our users or others
- In connection with the investigation of suspected fraud or illegal activity
With Your Consent
We may share your information with third parties when you provide explicit consent.
Portfolio and Case Studies
With client permission, we may feature completed work in our portfolio and case studies. This may include company names, project descriptions, and visual examples. Clients can opt out of portfolio inclusion.
Data Retention
Retention Periods
We retain your information for as long as necessary to:
- Provide our Services and fulfill our contractual obligations
- Comply with legal and regulatory requirements
- Resolve disputes and enforce agreements
- Maintain accurate business records
Specific Retention Periods:
- Client project files: 7 years after project completion
- Financial and billing records: 7 years (or as required by law)
- Marketing contacts: Until you unsubscribe or request deletion
- Website analytics: 26 months (standard analytics retention)
- Contact form submissions: 3 years unless engaged as a client
Deletion
When information is no longer needed, we securely delete or anonymize it in accordance with our data retention practices.
Data Security
Security Measures
We implement appropriate technical and organizational measures to protect your information, including:
- SSL/TLS encryption for data transmission
- Cloudflare security services for DDoS protection and threat mitigation
- Cloudflare Turnstile for bot protection on forms
- Access controls and authentication measures
- Regular security assessments
- Employee training on data protection
Limitations
No method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.
Breach Notification
In the event of a data breach affecting your personal information, we will notify you and relevant authorities as required by applicable law.
Your Rights and Choices
All Users
Regardless of location, you have the right to:
- Access: Request information about the data we hold about you
- Correction: Request correction of inaccurate or incomplete information
- Opt-Out: Unsubscribe from marketing communications at any time
- Cookie Preferences: Manage cookie settings through your browser or our cookie controls
California Residents (CCPA/CPRA Rights)
California residents have additional rights under the California Consumer Privacy Act and California Privacy Rights Act:
- Right to Know: Request disclosure of personal information collected, used, and disclosed
- Right to Delete: Request deletion of personal information (subject to exceptions)
- Right to Correct: Request correction of inaccurate personal information
- Right to Opt-Out of Sale/Sharing: We do not sell personal information for monetary consideration
- Right to Limit Use of Sensitive Information: Where applicable
- Right to Non-Discrimination: We will not discriminate against you for exercising your rights
To exercise these rights, contact us at hello@cactuscreativeco.agency with "California Privacy Request" in the subject line.
European Economic Area, UK, and Swiss Users (GDPR Rights)
If you are in the EEA, UK, or Switzerland, you have additional rights under the General Data Protection Regulation:
- Right of Access: Obtain confirmation and access to your personal data
- Right to Rectification: Correct inaccurate personal data
- Right to Erasure: Request deletion of personal data ("right to be forgotten")
- Right to Restrict Processing: Limit how we use your data
- Right to Data Portability: Receive your data in a structured, machine-readable format
- Right to Object: Object to processing based on legitimate interests or direct marketing
- Right to Withdraw Consent: Withdraw consent at any time (without affecting prior processing)
- Right to Lodge a Complaint: File a complaint with your local supervisory authority
International Data Transfers:
If you are in the EEA, UK, or Switzerland, your data may be transferred to the United States where our business operates. We ensure appropriate safeguards are in place, such as Standard Contractual Clauses approved by the European Commission.
How to Exercise Your Rights
To exercise any of your privacy rights:
We will respond to verified requests within the timeframes required by applicable law (generally 30-45 days). We may need to verify your identity before processing certain requests.
Children's Privacy
Our Website and Services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If we learn that we have collected information from a child, we will promptly delete it. If you believe we have inadvertently collected information from a child, please contact us immediately.
Third-Party Links and Services
Our Website may contain links to third-party websites and services, including:
- Social media platforms (Instagram, LinkedIn, X/Twitter, Facebook)
- Third-party tools and platforms
- Client websites
We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before providing any personal information.
Do Not Track Signals
Some browsers offer a "Do Not Track" (DNT) feature. Our Website does not currently respond to DNT signals. You can manage tracking through your cookie preferences and browser settings.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time. When we make material changes:
- We will update the "Last Updated" date at the top of this policy
- We may notify you via email or prominent notice on our Website
- Continued use of our Website or Services after changes constitutes acceptance
Contact Us
If you have questions, concerns, or complaints about this Privacy Policy or our privacy practices:
Cactus Creative Co.
Email: hello@cactuscreativeco.agency
Location: Chicago, Illinois, United States
We aim to respond to all privacy-related inquiries within 30 days.
