PRIVACY POLICY
Effective March 25, 2021
By sharing the Privacy Policy for Workshop Creative (collectively, “we” or “us”), we hope to help you understand how information can create new opportunities for you, our client, as well as to reassure you that we respect and honor customer requests to restrict and protect personal information. These sections provide information regarding the rights afforded to individuals residing in these jurisdictions under law.
INFORMATION WE COLLECT
INFORMATION YOU PROVIDE TO US
WHEN YOU USE OUR SERVICES:
When you purchase our services through or on workshopcreative.com ("Website") or via wire transfer, engage with us on our social media platforms, send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you provide us with personal information, such as: your name, email address, mailing address, ZIP code, phone number and credit card numbers. This allows us to provide you with our online and in person design services, process your transactions more efficiently, and ultimately, give you a higher caliber of customer service (together the “Services”). If you choose not to provide the requested information we may not be able to provide you with the Services, or certain features of the Services may not be functional.
USAGE AND WEBSITE ACTIVITY INFORMATION:
When you visit our Websites, we or our third-party service providers collect information about your use of the Website: your Internet service provider's address, your location as determined by your Internet Protocol (“IP”) address, the name of the website or advertisement directing you, your user agent, as well as your clicks and activity on our Website. We use this information to understand how to make our Website more available and user-friendly to our clients.
GOOGLE AND ADOBE ANALYTICS:
We use tools called “Google Analytics” and “Adobe Analytics” to collect some information we listed above in the section called, “Usage and Website Activity Information” about your use of the Services. We use the information we get from Google Analytics and Adobe Analytics to improve the services. In order to collect this information, Google Analytics and Adobe Analytics may set cookies on your browser or mobile device, or read cookies that are already there. Google Analytics and Adobe Analytics may also receive information about you from apps you have downloaded, that partner with Google or Adobe, respectively. We do not combine the information collected through the use of Google Analytics or Adobe Analytics with personally identifiable information.
Google’s ability to use information collected by Google Analytics about your visits to the services and share it with another application which partners with Google is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Please review those and see http://www.google.com/policies/privacy/partners/ for information about how Google uses the information provided to Google Analytics and how you can control the information provided to Google. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on for Google Analytics, which can be found here.
Adobe’s ability to use information collected by Adobe Analytics about your visits to the services and share it with another application which partners with Adobe, is restricted by the Adobe Analytics Terms of Use and the Adobe Privacy Policy. Please review those and see https://www.adobe.com/privacy/marketing-cloud.html for information about how Adobe uses the information provided to Adobe Analytics and how you can control the information provided to Adobe. To prevent your data from being used by Adobe Analytics, you can download the Adobe Analytics opt-out browser add-on for Adobe Analytics which can be found here which can be found here.
The Google Analytics and Adobe Analytics products we use collect only anonymized IP addresses for IP’s located in the EU.
SOCIAL MEDIA
We engage with customers on various social media platforms like Facebook and Instagram. If you contact us on one of these platforms for customer service or otherwise, we may contact you via direct message. Those communications are governed by this policy as well as the policy of the relevant social media platform..
COOKIES AND OTHER TRACKING TECHNOLOGIES
"Cookies" are small amounts of data that are stored on your computer. When you visit our Website, it sends a cookie or cookies to your computer, which your computer stores in a file in your web browser. Cookies flag information about your activity on our Websites. This information helps us improve our Website and make them friendlier and easier to use and allows us to market to you more effectively. We never use cookies to save passwords, credit card numbers or other highly confidential information.
HOW WE USE YOUR INFORMATION
We use the information we collect about you to facilitate your purchases, to communicate with you, to offer better customer service, and to improve our services and client relations.
TO FACILITATE YOUR PURCHASES:
This includes the processing of your invoices and payment, providing you with technical support and assistance, and communicating with you about the purchase by email. For example, we will contact you by phone, postal mail, or email to address any issues with the services we provided or to answer any questions you may have about the services we provided. If you are located in the EU, we will contact you using the contact information you provide (e.g. email, phone, mailing address). The legal basis for this processing of your information is the performance of our contract with you.
TO IMPROVE OUR SERVICES AND CLIENT RELATIONS:
We use your information for analytics and measurement to understand how our services are used in order to make improvements to our Website or user interface through understanding how you interact with them. See usage and website information section above. The analytics and advertising products that we use collect anonymized IP addresses from EU locations. We use information you provide to us through your purchases, feedback, surveys, and suggestions to enable us to provide you with a more personalized shopping experience and also to improve our services and customer relations.
HOW WE SHARE YOUR INFORMATION
FACILITATING ONLINE PURCHASES:
If you are based internationally, your purchase of our services on the Website is facilitated through our vendor, Wix.com. This privacy policy governs our use of information you provide to us. It also governs our use of information that we collect from you before you get to the checkout section on our Website. When making a purchase for internationally from our Website, the use of information after you get to the checkout section is governed by the Wix.com Wix.com terms of use and privacy policy. We provide Wix.com access to the invoice for the services provided before you proceed to the checkout page. The legal basis for this processing of your information is our legitimate interest in facilitating international purchases efficiently.
SHARING WITH VENDORS:
In order to serve you better, we may, at times, contract with other companies to help us process information and to provide us with other services. Their assistance can help us fulfill customer orders, manage, store, and enhance customer data, send marketing, run promotions, and provide other services. For instance, when we provide design services that requires our interaction with a factory on your behalf, we may send your name, address, email address and phone number to our that factory, allowing you to arrange delivery with that factory. Our factories use your information strictly to coordinate and complete your shipment. The legal basis for this sharing of your information is our legitimate interest in providing our services efficiently.
IN CONNECTION WITH A BUSINESS REORGANIZATION:
We would share your information if we are involved in a merger, acquisition, consolidation, change of control, or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation. The legal basis for this sharing is our legitimate interest in carrying out our business operations.
IN ORDER TO COMPLY WITH OUR LEGAL OBLIGATIONS, PROTECT OUR RIGHTS ADN THOSE OF OTHERS:
We share your information in order to prevent fraud or abuse to our services, to protect your rights, to comply with our legal obligations, and to protect our rights. The legal basis for this sharing is compliance with the law and our legitimate interest in the prevention of fraud, compliance with legal obligation and the protection of the rights of others.
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Prevent fraud and abuse of the services: We review transactions internally on a regular basis to identify potential concerns, and we partner with select outside companies to further enhance our ability to ensure that fraudulent orders and/or potentially damaging worms, viruses, and other types of malware do not interfere with our ability to provide the best possible products, value, and services to you and to our other valued customers.
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Protect your rights: We will share information in an emergency or to protect the safety of any person and if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
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Protect our rights and comply with our legal obligations: We cooperate with government and law-enforcement officials and private parties to enforce and comply with the law. We may disclose personal information and any other information about you to government or law-enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas); to protect our safety, property or rights or those of any third party; to prevent or stop any illegal, unethical, or legally actionable activity; or to comply with the law.
BROWSER DO NOT TRACK
The services do not support Do Not Track at this time. Do Not Track (DNT) is a privacy preference you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on Do Not Track, visit donottrack.us.
YOUR INFORMATION SHARING CHOICES
WEBSITE ANALYTICS:
See above for information on opting out of Google and Adobe Analytics.
COOKIES GENERALLY:
If you would like to opt out of accepting cookies altogether, you can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our Website or other Services may not work if you delete or disable cookies.
YOUR RIGHTS UNDER EU DATA PROTECTION LAWS
If EU data protection laws apply to our processing of your information, you are entitled by law to access, correct, amend, or delete personal information about you that we hold. A list of these rights is below.
You can access or delete your information by submitting this online request form. To amend or update your information, please contact us at info@workshopcreative.com. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file.
In the event that we refuse a request under rights of access, we will provide the requesting individual with a reason as to why. Individuals in the EU have the right to complain as outlined in Dispute resolution section.
A list of your rights is below:
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Right of access – the right to request a copy of the information that we hold about you.
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Right of rectification – the right to correct data that we hold about you that is inaccurate or incomplete.
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Right to be forgotten – in certain circumstances, you can ask for the data we hold about you to be erased from our records.
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Right to restriction of processing – where certain conditions apply, you have a right to restrict the processing of your personal data.
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Right of portability – the right to have the data we hold about you transferred to another organization.
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Right to object – the right to object to certain types of processing, such as direct marketing. We do not engage in direct marketing to individuals that we know reside in the EU.
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Right to object to automated processing, including profiling – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect. We do not currently engage in any automated processing or profiling of individuals we know reside in the EU.
HOW LONG DO WE KEEP YOUR INFORMATION?
You can request that we delete your personal information by submitting this online request form. For details about your rights to deletion under California law, please see the below section titled, Notice to California Residents/Your California Privacy Rights.
We retain your information after you request such deletion for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations and/or as necessary to protect our legal rights or for certain business requirements. For example, when we process your payments, we will retain this data for longer periods of time as required for tax or accounting purposes. See below for specific reasons we would retain some data for longer periods of time:
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Security, fraud & abuse prevention – to protect you, other people, and us from fraud, abuse, and unauthorized access.
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Financial record-keeping – when you make a payment to us we are often required to retain this information for a long period of time for purposes of accounting, dispute resolution and compliance with tax, anti-money laundering, and other financial regulations.
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Complying with legal or regulatory requirements – to meet any applicable law, regulation, legal process, or enforceable governmental request, as required to enforce our terms of service, including investigation of potential violations.
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Direct communications with us – if you have directly communicated with us, through a customer support channel, feedback form, or a bug report, we may retain reasonable records of those communications.
NOTICE TO CALIFORNIA RESIDENTS/YOUR CALIFORNIA PRIVACY RIGHTS
California law requires certain businesses to disclose information regarding the rights of California residents pursuant to the California Consumer Privacy Act (the “CCPA”). The CCPA applies only to California residents. However, because privacy and transparency are top priorities for us, we are making the rights described in this section available to all U.S. customers. We reserve the right to update this policy at any time as to non-California residents. Any terms defined in the CCPA (Cal. Civ. Code 1798.140) have the same meaning when used in this section. If you choose to make a privacy-related request using the processes described in this section, you will be directed to our website host, Wix.com.
RIGHT TO KNOW
You have the right to request that we disclose what personal information we collect, use, disclose, and sell. You can submit a verifiable request to know either the categories of information or specific pieces of information that we have about you by submitting this online request form. You will be directed to enter your email address, zip code, and phone number. If we have a matching email address on file, we will send a link, which you will have to click to begin the identity verification process. We will then compare your zip code and phone number against our records. If we cannot verify your identity, you will receive an email explaining that your identity could not be verified and directing you to a customer service representative. Alternatively, you can verify your identity over the phone by calling (405)637-5779 rather than using the online form.
You may use an authorized agent to submit a right to know request. To use an authorized agent, you must provide the agent with written authorization. In addition, you may be required to verify your own identity with us. We may deny a request from an agent if the agent does not submit proof that they have been authorized by you on your behalf. Such requirements, however, will not apply where you have provided the agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465.
In the preceding 12 months, we have collected the following categories of personal information about California residents from the following sources and for the following purposes. The CCPA requires that we reference specific categories of personal information enumerated in the CCPA. We may collect only certain pieces of personal information described in a given category and may not collect certain other pieces of personal information described in each category.
We do not knowingly maintain or sell the personal information of minors under 16 years of age without affirmative authorization.
If we receive an access request pertaining to household information, we may request further verification, as permitted by law, and may provide information in an aggregated format.
RIGHT TO REQUEST DELETION
You have the right to request the deletion of your personal information that we collect or maintain. You can submit a verifiable request to delete by submitting this online request form. You will be directed to enter your email address, zip code, and phone number. You will be asked to confirm that you do, in fact, wish to proceed with deletion, considering that fulfillment of this request will mean that Workshop Creative and you will no longer have access to service history, or any related services at Workshop Creative. Once you confirm, if we have a matching email address on file, we will contact you to begin the identity verification process. We will then compare your zip code and phone number against our records. If we cannot verify your identity, you will receive an email explaining that your identity could not be verified and directing you to a customer service representative. Alternatively, you can verify your identity over the phone by calling (405) 637-5779, rather than filling out the online form.
You may use an authorized agent to submit a deletion request. To use an authorized agent, you must provide the agent with written authorization. In addition, you may be required to verify your own identity with us. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. Such requirements, however, will not apply where you have provided the agent with power of attorney pursuant to Cal. Prob. Code Sections 4000 to 4465.
If we reject the request to delete, you will receive an email detailing the reasoning for denying the request. We may deny a delete request if your information is necessary to:
Complete a transaction, provide a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship with you;
Perform a contract with you;
Comply with federal, state, or local laws, including tax exempt transaction and sales tax audit obligations, defend legal claims, including pending chargeback disputes, or other legal obligations;
Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality; or
Use internally in a lawful manner that is compatible with the context in which you provided the information.
RIGHT TO NON-DISCRIMINATION
You have a right not to receive discriminatory treatment by us for the exercise of privacy rights conferred by the CCPA, including, but not limited to, by:
(1) Denying goods or services to you;
(2) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
(3) Providing a different level or quality of goods or services to you;
(4) Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
CONTACT INFORMATION
If you have questions or concerns about our privacy policies and practices, please contact us at info@workshopcreative.com or (405) 637-5779.
NOTICE TO NEVADA RESIDENTS/YOUR NEVADA PRIVACY RIGHTS
Under Nevada privacy law, Nevada residents have a right to submit a verified request directing certain operators of Internet websites and online services not to sell their personal information, as “sell” is defined in Nevada law. We do not sell personal information of any clients. If you have any questions regarding our data privacy practices, please contact info@workshopcreative.com.
PROTECTING CHILDREN'S PRIVACY
We adhere to a strict privacy code regarding children and do not knowingly collect or accept personal information from any child under the age of 16. If it is brought to our attention that we have unknowingly received personal information from a child under 16, we will immediately remove all of that child’s personal and identifiable information from our records. In addition, we will not disclose this information to any other companies. California users under the age of 18 may request the removal of their content or information publicly posted on the Website by e-mailing us at the customer service email address identified below.
BE CAREFUL WHEN YOU SHARE YOUR INFORMATION WITH OTHERS
Please be aware that whenever you share information on a publicly available area of our Website, such as in a product review, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
LINKS TO SITES AND SERVICES
At times, we provide links on our Website that our customers may be interested in, including links to social media sites such as, for example, Facebook or Instagram. We are not responsible for these websites, which have their own privacy policies and privacy practices to which you may be subject. When visiting our presence on social media or other tools, you will be subject to those websites’ privacy policies. If you visit our Websites through a link from another website, you may be subject to that website’s privacy policy as well. If you choose to explore these websites and services, we suggest that you carefully review their individual privacy policies. See our Terms of Use for further information about use of social media.
INFORMATION SECURITY
We take our customers’ personal information seriously and take steps to protect our customers' personal information against loss, misuse, alteration and unauthorized access. We use encryption technology whenever receiving and transferring your payment information on our Website.
YOUR RESPONSIBILITIES
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password. As a result, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a computer that others may have access to.
PROCESSING IN THE UNITED STATES
We process and store information on servers or databases, and use third party providers that process information in the United States. Therefore, your information will be transferred to those locations. The laws in the United States may not be as protective of your privacy as those in your location. For example, United States law does not provide you with the right to access, modify and delete personal information in all cases. Further, government entities in the United States may have certain rights to access your personal information. When transferring personal information to and processing personal information in the United States we will implement appropriate safeguards and process the personal information in accordance with the terms of this Privacy Policy. By using our Website or our services, you agree to the transfer and processing of your personal information to the United States.
DISPUTE RESOLUTION, ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
We are committed to resolve complaints about your privacy and our collection or use of your personal information. Please direct your inquiries or complaints to info@workshopcreative.com
Notwithstanding the below, if you reside in the EU, in the event your concerns in connection with how we process your information are not addressed you can file a complaint with the data protection supervisory authority in the country of your residence.
You and we agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and us relating to this Privacy Policy or the Websites (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Privacy Policy, nor a waiver of the right to have disputes submitted to arbitration as provided in this Privacy Policy.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Privacy Policy will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Privacy Policy. This Section of the Privacy Policy will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
PRIVACY POLICY UPDATES
Efforts to bring new services, ideas and partners to benefit our customers may make it necessary to amend our Privacy Policy. We will notify you of such changes, by posting a notification on our Website or by other means, and will give you an opportunity to review the changes before they go into effect.
QUESTIONS?
If you have any questions regarding our Privacy Policy, we will do our best to answer them. Here's how to contact us:
PHONE:
Customer Service Department
(405) 637-5779
Monday - Friday, 8 am - 5 pm CST
EMAIL:
ADDRESS:
Workshop Creative
Customer Service Department
5547 N Ravenswood, Suite 402
Chicago, IL 60660
USA
LEGAL CLAIMS:
JRQ & Associates
Attn: Registered Agent for Workshop Industries, Inc.
141 W. Jackson Blvd., Ste. 2720
Chicago IL 60604
Email: intake@jrqlaw.com
Phone: (312) 561-5063