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Welcome to NicheCreativeDesign.com’s Privacy Policy
Updated March 6, 2023

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1.    PLEASE READ CAREFULLY

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NicheCreativeDesign.com cares deeply about the privacy of its visitors and users. To that end, this Privacy Policy (“Privacy Policy”) describes how NicheCreativeDesign.com LLC collects, uses, and shares your Personal Information, as well as an explanation of the data rights you may have in that Personal Information. This Privacy Policy applies to all NicheCreativeDesign.com users, (collectively, “Users”, “you”, or “your”), and to all Niche Creative Design services, including our website (including www.NicheCreativeDesign.com and any of its subdomains, the “Website”), and related services (collectively, the “Services”).

 

This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you may have under other applicable data privacy laws.

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Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information.  If you read and fully understand this Privacy Policy, and remain opposed to our practices, you must immediately leave and discontinue all use of any of our Services.  

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If you have any questions or concerns regarding this policy, please contact us by filling out the “Contact Us” form below.

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This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from nichecreativedesign.com (the “Site”).

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2.    WHAT PERSONAL INFORMATION DO WE COLLECT? 

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User information:

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To provide you the Services, we must collect Personal Information relating to an identified or identifiable natural person (“Personal Information”). We collect Personal Information you provide us, from your use of the Services, and from other sources. Here are the types of Personal Information we collect about you:

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A.    Information you provide us. When you register for our Services, sign up for any Niche Creative Design events, subscribe to our blog(s) or newsletter(s), have us purchase and/or register domain names, use any of our Services; and/or when you contact us directly by any communication channel (e.g., contact form, emails), you may provide us Personal Information, such as name, email address, phone number, payment information (for Users with Paid Services), information you include in your communications with us and with other users on our platform, and Personal Information contained in scanned identification documents (such as an ID card, driver’s license, passport, or official company registration documents).  

B.    Information we collect when you use the Services. When you visit, download, and/or use any of our Services, we may collect aggregated usage Personal Information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying Personal Information regarding the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.

 

C.    Information we collect from other sources. We may receive Personal Information about you from third-party sources, such as i) security providers , fraud detection and prevention providers for example to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account, we may receive Personal Information from that service (e.g., your username, basic profile Personal Information) and in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering; iii) advertising and marketing partners in order to monitor, manage and measure our ad campaigns.

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D.    When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information.”

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E.    We collect Device Information using the following technologies:

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    - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. For more information about cookies, you may click on our Cookie Policy.

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    - “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

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    - “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

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F.    Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.  We refer to this information as “Order Information.”

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G.    When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

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3.    WHY DO WE COLLECT PERSONAL INFORMATION:

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We use your Personal Information for the following purposes:

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A.    To provide and operate the Services;

B.    To further develop, customize, expand, and improve our Services, based on Users’ common or personal preferences, experiences and difficulties;

C.    To provide our Users with ongoing customer assistance and technical support;

D.    To be able to contact our Users with general or personalized service-related notices and promotional messages;

E.    To help us to update, expand and analyze our records to identify new customers;

F.    To analyze our performance and marketing activities;

G.    To create aggregated statistical data and other aggregated and/or inferred information, which we or our business partners may use to provide and improve our respective services;

H.    To provide you with professional assistance.

I.    To enhance our data security and fraud prevention capabilities; and

J.    To comply with any applicable laws and regulations.

We use your Personal Information for the purposes set out in Section 3 where:

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A.    Our use of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (e.g. to provide you with a website, to provide you with our customer assistance and technical support);

B.    Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we have; or

 

C.    Our use of your Personal Information is necessary to support legitimate interests and business purposes (for example, to maintain and improve our Services and the effectiveness of NicheCreativeDesign.com by identifying technical issues), provided it is conducted in a way that is proportionate and that respects your privacy rights.

 

D.    We use the Personal Information we collect about you to provide our services and make them better and safer.

 

E.    We also collect and use Personal Information in order to contact Users and to comply with the laws applicable to us.

4.    HOW DO WE USE YOUR PERSONAL INFORMATION?

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A.    We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Order Information to: Communicate with you; Screen our orders for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

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B.    We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

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C.    We share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Wix to power our website. You can read more about how Wix uses your Personal Information here:  https://www.wix.com/about/privacy  

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D.    We also use Google Analytics to help us understand how our customers use the Site.  You can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

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E.    Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

5.    BEHAVIORAL ADVERTISING

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As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

 

You can opt out of targeted advertising by:

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    FACEBOOK - https://www.facebook.com/settings/?tab=ads

    GOOGLE - https://www.google.com/settings/ads/anonymous

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Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/

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6.    DO NOT TRACK

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Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. For more information, please visit our Cookie Policy. 

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7.    PROMOTIONAL MESSAGES

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We may use your Personal Information to send you promotional content and messages by e-mail, text messages, notifications within our platform, marketing calls and similar forms of communication from Niche Creative Design. 

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If you do not wish to receive such promotional messages or calls, you may notify Niche Creative Design at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.

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Because we here at Niche Creative Design care deeply about your Privacy, we do NOT sell your personal information to third parties. 

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8.    SERVICES AND BILLING MESSAGES

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Niche Creative Design may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your User Website; or notify you of material changes in our Services.

It is important that you are always able to receive such messages. For this reason, you are unable to opt-out of receiving such Service and Billing Messages unless you are no longer a client of ours.

9.    YOUR RIGHTS

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Niche Creative Design believes that it is imperative that all Niche Creative Design users have control over their Personal Information. Therefore, depending on the way you use our Services, you may have the right to request access to, receive a copy of, update, amend or delete, port certain Personal Information to another service, restrict, or object to certain uses of your Personal Information (for example, for direct marketing purposes). Further, when we rely on your consent for processing of your Personal Information (for instance, for direct marketing) you can withdraw your consent at any time, and such withdrawal will take effect from thereon.

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Niche Creative Design will not charge you more if you exercise any of these rights and will continue to provide you with the same level of service.

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You can exercise your rights by sending your request to info@nichecreativedesign.com or mailing it to Niche Creative Design, 3601 Pickett Rd. #2335, Fairfax, VA 22031. When we receive your right request, we may take steps to verify your identity before complying with the request to protect your privacy and security.

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Before fulfilling your request, we may ask you for additional information in order to confirm your identity and for security purposes. We reserve the right to charge a fee where permitted by law (e.g. if your request is unfounded or excessive).

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If you wish to receive a copy, access and/or request us to make corrections to the Personal Information that you have stored with us or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, you can email us or mail your request to 3601 Pickett Rd. #2335, Fairfax, VA 22031. We will make reasonable efforts to honor your request promptly (unless we require further information from you in order to fulfil your request), subject to legal and other permissible considerations.

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If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information provided above or using the contact form.

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Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

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10.    CALIFORNIA RESIDENTS

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If you are a California resident using the Services, the California Consumer Privacy Act ("CCPA") grants you the right to request access to and deletion of the Personal Information Niche Creative Design collects about you, as well as to request that we disclose how we collect, use, and share your Personal Information. 

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California residents also have a right to opt-out of the sale of their Personal Information by a business and a right not to be discriminated against for exercising any of their rights under the CCPA. 

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No sale of Personal Information. Niche Creative Design does NOT sell (as such term is defined in the CCPA) your Personal Information or your customers’ (Users-of-Users) Personal Information to third parties.

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No Discrimination. Niche Creative Design does not discriminate against any User for exercising their rights under the CCPA.
 
The following instructions apply to Personal Information we may collect from California residents on or through our Services.

Right to Know: If you want to exercise your right to know or receive a copy or access the Personal Information that you have stored with us, please submit a request to access your Personal Information by sending us an email at info@nichecreativedesign.com, or by mailing your request to 3601 Pickett Rd. #2335 Fairfax, VA, 22031
 
Right to Deletion: If you want to exercise your right to request deletion of any of your Personal Information that you have stored with us, please submit a request by email at info@nichecreativedesign.com, or by mailing your request to 3601 Pickett Rd. #2335 Fairfax, VA, 22031. 
 
Once we receive and verify your consumer request, we will delete your personal information from our records unless an exception applies. We will make reasonable efforts to honor your request promptly and consistent with requirements under applicable law.
 
The rights described in this section may also apply to other U.S. States' residents, according to applicable laws and regulations. 

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11.    QUESTIONS AND COMPLAINTS

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If you have any questions or concerns about our collection, use or disclosure of Personal Information, or if you believe that we have not complied with this Privacy Policy or applicable data protection laws, please contact us – our details are set out at the end of this Privacy Policy.

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Our Data Protection Officer will investigate the complaint and determine whether a breach has occurred and what action, if any, to take. We take every privacy complaint seriously and will make all reasonable efforts to resolve your complaint promptly and in accordance with applicable law.  

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You can file a complaint with your local supervisory authority for data protection at any time, however we recommend that you contact us first so we can try to resolve it.

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12.    DATA RETENTION

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We may retain your Personal Information for as long as your User Account is active, as indicated in this Privacy Policy, or as otherwise needed to provide you with our Services.

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We may continue to retain your Personal Information after you cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users or their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.

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To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, the purposes for which we process it, and the applicable legal requirements.

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Also, in the event that you place an order through the Site, or make a payment using our invoicing system we will maintain your Order/Invoice Information for our records unless and until you ask us to delete this information.

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13.    SECURITY

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Niche Creative Design has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third-Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy.

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Regardless of the measures and efforts taken by Niche Creative Design, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Users-of-Users’ Personal Information or any other information you upload, publish or otherwise share with Niche Creative Design or anyone else. We encourage you to set strong passwords for your User Account and User Website and avoid providing us or anyone with any sensitive Personal Information of which you believe its disclosure could cause you substantial or irreparable harm.

Furthermore, because certain areas on our Services are less secure than others (for example, if you set your Comments on our blog to be “Public” instead of “Private”, or if you browse to a non-SSL page), and since e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Information on any of these areas or via any of these methods.

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If you have any questions regarding the security of our Services, you are welcome to contact us using the “Contact Us” form.

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14.    THIRD PARTY WEBSITES

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Our Services may contain links to other websites or services. We are not responsible for such websites’ or services’ privacy practices. We encourage you to be aware when you leave our Services and to read the privacy statements of each and every website and service you visit before providing your Personal Information. This Privacy Policy does not apply to such linked third-party websites and services.

15.    PUBLIC FORUMS

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Our Services offer publicly accessible blogs, communities and support forums. Please be aware that any Personal Information you provide in any such areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blogs, communities or forums, feel free to contact us using the “Contact Us” form below.  

 

In some cases, we may not be able to remove your Personal Information from such areas. For example, if you use a third-party application to post a comment (e.g., the Facebook social plugin application) while logged in to your related profile with such third party, you must login into such application or contact its provider if you want to remove the Personal Information you posted on that platform. 

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In any event, we advise against posting any Personal Information (via any means) you don’t wish to publicize.

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If you upload any user content or wish to have it posted on your Website and provide it in any other way as part of the use of any Service, you do so at your own risk. We have put adequate security measures in place to protect your Personal Information. However, we cannot control the actions of other Users or members of the public who may access your User Content, and are not responsible for the circumvention of any privacy settings or security measures you or we may have placed on your User Website (including, for instance, password-protected areas on your User Website). You understand and acknowledge that, even after its removal by you or us, copies of User Content may remain viewable in cached and archived pages or if any third parties (including any of your Users-of-Users) have copied or stored such User Content. 

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To clarify, we advise against uploading or posting any information you do not wish to be public.

16.    CHANGES

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We may update this Privacy Policy as required by applicable law, and to reflect changes to our Personal Information collection, usage and storage practices. If we make any changes that we deem as “material” we will notify you of any changes to this Privacy Policy by posting the updated Privacy Policy to this website or application.

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We encourage you to periodically review this page for the latest Information on our privacy practices. Unless stated otherwise, our most current Privacy Policy applies to all information that we have about you and your Users-of-Users, with respect to our Website and other Services. 

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This Privacy Policy was written in English, and may be translated into other languages for your convenience. You may access and view other language versions by changing your Website language settings. If a translated (non-English) version of this Privacy Policy conflicts in any way with its English version, the provisions of the English version shall prevail.

17.    CONTACT US

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For more information about our privacy practices, if you have any questions about this Privacy Policy or wish to exercise any of your rights as described in Sections 9 or 10, please refer to those sections, email us at info@nichecreativedesign.com or contact us using the “Contact Us” form found below. We will attempt to resolve any complaints regarding the use of your Personal Information in accordance with this Privacy Policy.

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You may also contact us by mail at:

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3601 Pickett Rd. #2335, Fairfax, VA, 22031-9998 United States