Privacy Policy

Last Updated: July 19, 2023

Noël Burgess Creative (“us”, “we”, or “our”) operates the https://noelburgess.com website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://noelburgess.com/terms-conditions.

Definitions

  • Service

    Service is the https://noelburgess.com website operated by Noël Burgess Creative

  • Personal Data

    Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

  • Usage Data

    Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Cookies

    Cookies are small pieces of data stored on your device (computer or mobile device).

  • Data Controller

    Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

  • Data Processors (or Service Providers)

    Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

    We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)

    Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Smush

This Service uses Smush to assist with image optimization for your benefit. Smush does not interact with end users. Smush sends images to the WPMU DEV servers to optimize them for web use. This includes the transfer of EXIF data. The EXIF data will either be stripped or returned as it is. It is not stored on the WPMU DEV servers. You can access the WPMU DEV Privacy information here.

Site Backups – UpdraftPlus

We use the UpdraftPlus plugin as one of the ways we perform site backups. We will not delete information out of our website backups, because this becomes technically difficult to accomplish. However, our backups are stored in a safe place, including Google Drive. Please see this page for more information specifically on this. These links also offer additional information on the Google Privacy Policy and on UpdraftPlus.

Site Backups – Hosting Provider

Our hosting provider also provides us with backup functionalities for our Service.

Sucuri

For your security, we use Sucuri services. The plugin will store a copy of the audit logs generated, which is stored on Sucuri’s servers. The Sucuri Privacy Policy is here.

BoldLab Theme

The BoldLab theme this Service uses has several bundled plugins, including BoldLab Core and Qode Framework. You can read the Qode Privacy Policy here.

Seedprod Pro

We use this plugin to help with Maintenance Mode as needed. You can read the Seedprod Privacy Policy here.

Yoast SEO Data

The Yoast SEO plugin we use only collects information regarding a site’s environment, PHP version, and installed plugins.

YouTube

We have embedded YouTube videos on our site, which allows you to view content hosted on external platforms directly from the pages of this Service and interact with them. The embedded videos might still collect web traffic data for the pages where they are installed, even when users do not use it. YouTube is a video content visualization service provided by Google Inc. that allows this Service to incorporate content of this kind on its pages.

The personal Data collected includes cookies and usage data and the place of processing is in the United States. Please see Google’s Privacy Policy for more information.

Smash Balloon Instagram Feed

We use Smash Balloon Instagram Feed to embed an Instagram feed on this Service. You can read more about the Instagram Privacy Policy here.

Google Fonts

The Google Fonts API is designed to limit the collection, storage, and use of end-user data to what is needed to serve fonts efficiently.

Use of Google Fonts is unauthenticated. No cookies are sent by website visitors to the Google Fonts API. Requests to the Google Fonts API are made to resource-specific domains, such as fonts.googleapis.com or fonts.gstatic.com, so that your requests for fonts are separate from and do not contain any credentials you send to google.com while using other Google services that are authenticated, such as Gmail.

In order to serve fonts quickly and efficiently with the fewest requests, responses are cached by the browser to minimize round-trips to the Google servers.

Requests for CSS assets are cached for 1 day. This allows Google to update a stylesheet to point to a new version of a font file when it’s updated, and ensures that all websites using fonts hosted by the Google Fonts API will be using the most updated version of each font within 24 hours of each release.

The font files themselves are cached for one year, which cumulatively has the effect of making the entire web faster: When millions of websites all link to the same fonts, they are cached after visiting the first website and appear instantly on all other subsequently visited sites. Google does sometimes update font files to reduce their file size, increase coverage of languages, and improve the quality of their design. The result is that website visitors send very few requests to Google: Google only sees 1 CSS request per font family, per day, per browser.

Google Fonts logs records of the CSS and the font file requests, and access to this data is kept secure. Aggregate usage numbers track how popular font families are, and are published on the Google Fonts analytics page. Google Fonts uses data from Google’s web crawler to detect which websites use Google fonts. This data is published and accessible in the Google Fonts BigQuery database. To learn more about the information Google collects and how it is used and secured, see Google’s Privacy Policy.

reCAPTCHA Data

The reCAPTCHA SPAM protection feature analyzes traffic, potentially containing Users’ Personal Data, with the purpose of filtering it from parts of traffic, messages and content that are recognized as SPAM. Google reCAPTCHA is a SPAM protection service provided by Google Inc. The use of reCAPTCHA is subject to the Google privacy policy and terms of use. You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data, and sending these data to Google for analysis. The information collected in connection with your use of the Service (such as cookies and usage data) will be used for improving reCAPTCHA and for general security purposes. It will not be used for personalized advertising by Google.

Slider Revolution

We use the Slider Revolution plugin on our site to enhance the visitor experience. You can read more about the plugin and GDPR here.

WPBakery Page Builder

We use the WPBakery Page Builder plugin to improve the site layout on this Service. Please see their Privacy Policy here if desired.

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Gravity Forms

We utilize the Gravity Forms plugin to collect and store personal information that has been submitted to us. By itself, Gravity Forms does not set any cookies on the front-end of the site. It does set a cookie on the entry detail page in the admin when an admin views the entry and checks the show empty fields checkbox, that cookie is named gf_display_empty_fields. However, we use the Gravity Forms MailChimp Addon, which may set cookies. You can read more about MailChimp in the section later on this page. You can also read more about Gravity Forms and the GDPR here.

MailChimp

Our contact form(s) may be connected to MailChimp and your information may be submitted to MailChimp as a result of submitting a contact form. You may receive emails from us as a result of this and can always adjust your settings via the unsubscribe link in the footer of the email(s) if desired. You can read the MailChimp Privacy Policy here. We use the MailChimp plugin by the same name for connecting the Service to our account.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Noël Burgess Creative uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Noël Burgess Creative legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Noël Burgess Creative may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it’s not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

Noël Burgess Creative will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Noël Burgess Creative will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Noël Burgess Creative will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, Noël Burgess Creative may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Noël Burgess Creative may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Noël Burgess Creative
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

“Do Not Track” Signals

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Noël Burgess Creative aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Noël Burgess Creative relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google Analytics

    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/.

    We use the Site Kit by Google plugin to integrate Google Analytics, Google Search Console and Google PageSpeed Insights with the Service. Site Kit does anonymize IP addresses upon activation of the Google Analytics module.

Behavioral Remarketing

Noël Burgess Creative may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know by updating the “Last Updated” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us by visiting this page on our website: https://noelburgess.com/contact.