Privacy Policy — Moxie Creative Studios

1. Who We Are

This Privacy Policy explains how Moxie Creative Studios LLC, doing business as Moxie Creative Studios ("Moxie," "we," "us," or "our"), collects, uses, shares, and protects personal information.

It applies to moxiecreativestudios.com and any subdomains, landing pages, client portals, scheduling links, and forms we operate (together, the "Site"), as well as to the branding, design, and creative services we provide.

By using the Site or engaging our services, you agree to the practices described here. If you do not agree, please stop using the Site and contact us at makingmagic@moxiecreativestudios.com.

For purposes of this Policy, "personal information" means information that identifies, relates to, or could reasonably be linked to an individual.

2. Information We Collect

Information You Give Us Directly

Inquiry and contact information. When you fill out a contact form, book a consultation, email us, or message us on social media, we collect your name, email address, phone number, business or brand name, website, and whatever you choose to tell us about your project.

Newsletter and free resource signups. If you opt in to our mailing list or download a free resource, we collect your name and email address, and any other field you complete.

Client and engagement information. If you become a client, we collect information needed to deliver the work and administer the relationship: billing contact and address, business details, brand assets and files you share with us, login credentials or access you grant to your platforms, and correspondence throughout the project.

Payment information. Payments are processed by third party payment processors. We receive confirmation of payment and limited billing details. We do not collect or store full payment card numbers on our systems.

Applications and inquiries from contractors. If you apply to work with us, we collect the information in your application, portfolio, and any materials you send.

Content you post. Comments, images, video, tags, and messages you share on our social profiles, blog, or community spaces.

Information Collected Automatically

When you visit the Site, we and our analytics and advertising vendors may automatically collect device and usage information, including IP address, browser type, operating system, referring URLs, pages viewed, time on page, and general geographic region.

We use cookies and similar technologies (including session cookies, persistent cookies, and pixels such as Google Analytics and the Meta pixel) for site functionality, analytics, and advertising measurement. You can block, restrict, or delete cookies through your browser settings. Some parts of the Site may not function properly if you do. The Site does not currently respond to "Do Not Track" browser signals.

Information from Third Parties

We may receive information about you from analytics providers, advertising platforms, social media platforms, payment processors, scheduling and CRM tools, and referral sources who pass along your contact details with your knowledge.

3. Client Data We Handle on Your Behalf

Because we build brands, websites, funnels, and campaigns, our clients sometimes give us access to systems that contain personal information about their customers, subscribers, or audience.

When that happens, our client is the data controller and Moxie acts as a service provider or processor. We use that information only to perform the services our client has asked for, only on their documented instructions, and we do not use it for our own marketing. Our handling of that data is governed by our client agreement and any applicable data processing terms, not by this Policy. If you are an end customer of one of our clients, please review that company's privacy policy and direct your requests to them.

4. How We Use Your Information

We use personal information to:

respond to inquiries and provide quotes, proposals, and consultations
deliver, manage, and support the creative and strategic services you engage us for
process payments, issue invoices, and maintain business records
send the newsletters, resources, and updates you asked for
send marketing about our services, offers, and content that may interest you, where permitted
operate, secure, troubleshoot, and improve the Site
understand which content and offers perform well
comply with legal obligations, enforce our agreements, and protect our rights
with your permission, feature work, results, or testimonials in our portfolio and marketing

5. Legal Bases for Processing (EEA and UK Visitors)

Where the GDPR or UK GDPR applies, we rely on the following legal bases:

Consent for marketing emails, non-essential cookies, and optional communications. You may withdraw consent at any time.
Performance of a contract to deliver services, process payments, and administer client engagements.
Legitimate interests to respond to inquiries, secure and improve the Site, market to existing and prospective business contacts, and run our business, where those interests are not overridden by your rights.
Legal obligation for tax, accounting, and compliance requirements.

6. Email, SMS, and Phone Communications

Every marketing email we send identifies us as the sender and includes an unsubscribe link, in line with the CAN-SPAM Act. Unsubscribing stops marketing email but does not stop transactional messages about an active project, invoice, or account.

If you provide your phone number and consent to text messages, you may receive service and marketing messages from us at that number. Consent is not a condition of purchase. Message and data rates may apply, and message frequency varies. Reply STOP to opt out or HELP for help.

You can reach us at any time at makingmagic@moxiecreativestudios.com to change your communication preferences.

7. How We Share Information

We do not sell your personal information.

We share information only as follows:

Our team. Employees, contractors, and freelance collaborators who need it to do the work, under confidentiality obligations.
Service providers. Vendors that support our business, including website hosting, email marketing platform, CRM and project management tools, scheduling software, cloud storage, payment processors, accounting software, and analytics and advertising platforms. We ask these vendors to protect your information and use it only for the services they provide to us.
Professional advisors. Attorneys, accountants, and insurers where reasonably necessary.
Legal and safety reasons. Where required by law, subpoena, or legal process, or where we reasonably believe disclosure is necessary to investigate suspected fraud, enforce our terms, or protect the rights, property, or safety of Moxie, our clients, or others.
Business transfers. In connection with a merger, acquisition, financing, or sale of all or part of our business, subject to this Policy.
Co-hosted offers. If we run a workshop, download, or promotion jointly with a partner, we will tell you on the signup page and share only your name and email with that partner. Review their privacy policy for how they handle it.

8. International Transfers

We are based in the United States, and our Site and systems are hosted in the United States. Our team includes collaborators located outside the United States, including in Europe. Your information may be transferred to, stored in, and processed in countries whose data protection laws differ from those where you live.

Where we transfer personal information from the EEA or UK, we rely on appropriate safeguards such as the European Commission's Standard Contractual Clauses or the UK International Data Transfer Addendum. By submitting information to us, you acknowledge these transfers.

9. Data Retention

We keep personal information only as long as needed for the purpose it was collected:

Inquiries that do not become projects: typically up to 24 months.
Client records, contracts, and invoices: for the length of the engagement and then as required for tax, accounting, and legal purposes, typically 7 years.
Mailing list data: until you unsubscribe or ask us to delete it.
Client-owned data we process on their behalf: returned or deleted at the end of the engagement per our client agreement.

10. Security

We use commercially reasonable safeguards to protect personal information, including SSL/TLS encryption on the Site, access controls, and vetted third party vendors. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

If a breach affecting your personal information occurs, we will notify affected individuals and regulators as required by applicable law, including the New York SHIELD Act and, where relevant, the GDPR.

Given the nature and scale of our processing, we are not required to appoint a Data Protection Officer.

11. Your Privacy Rights

Depending on where you live, you may have the right to:

access the personal information we hold about you
correct inaccurate or incomplete information
delete your information
restrict or object to certain processing, including direct marketing
portability, receiving your information in a structured, commonly used, machine readable format
withdraw consent at any time, without affecting processing already carried out
opt out of the sale or sharing of personal information, and of targeted advertising. We do not sell personal information. If you use an opt-out preference signal such as Global Privacy Control, we will treat it as a request to opt out of targeted advertising where required.
non-discrimination for exercising any of these rights

To make a request, email makingmagic@moxiecreativestudios.com with the subject line "Privacy Request." We may need to verify your identity before acting. We will respond within the timeframe required by applicable law, generally 30 to 45 days.

If you are in the EEA or UK, you also have the right to lodge a complaint with your local data protection authority. If you are a California resident, you may designate an authorized agent to submit a request on your behalf.

If you are an end customer of one of our clients, please direct your request to that company. If you send it to us, we will forward it to them.

12. Children

The Site is intended for adults conducting business. It is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13, consistent with COPPA. If you believe a child has given us information, email makingmagic@moxiecreativestudios.com and we will delete it.

13. Third Party Links

The Site may link to other websites, platforms, or tools we do not control. This Policy does not apply to them. We are not responsible for their content or privacy practices, and we encourage you to review the privacy policy of any site you visit.

14. Changes to This Policy

We may update this Policy from time to time. The "Last updated" date above reflects the most recent version. We will notify subscribers by email of material changes. Continued use of the Site after an update constitutes acceptance of the revised Policy.

15. Governing Law

This Policy is governed by the laws of the State of New York and applicable United States federal law, without regard to conflict of law principles, and by the GDPR and UK GDPR to the extent they apply to residents of the EEA and UK.

16. Contact Us

Moxie Creative Studios
30 W Broad St, Suite 503
Rochester, NY 14614

Email: makingmagic@moxiecreativestudios.com
Phone: +1 585.649.1717