Privacy & Terms of Service

Last updated: April 15, 2023

Your Privacy Rights
This privacy policy describes how Atypic Digital Marketing Agency LLC (the "Company", "we", "us"), a Utah limited liability company, collects and uses the personal information you provide on web sites and services which link to this privacy policy ("Services"). It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. Please take a moment to review the terms of our Privacy Policy. Unless we indicate otherwise, this Privacy Policy applies only to information that we collect through the Services. It does not apply to information that we collect by other means.​

Personal Information
We Collect From You Directly. We may collect personal information about you in several situations, including when you provide it to us voluntarily. For example, we may collect information when you create an account or purchase online, contact us with questions, provide feedback regarding our products, or answer questions about your product interests. You do not have to provide your personal information, but if you decide not to do so, you may limit the features that you are able to access through our Services.
The personal information we may collect includes:

  • Contact information, such as your name, mailing address, email address, and telephone number;
  • Financial payment information, such as credit card, debit card, and other financial payment information;
  • Unique identifiers such as username and password;
  • Preferences information such as product wish lists, order history, and marketing preferences;
  • Certain other information you may provide to us in your communications or in connection with other products or services, including birth-date, gender, and photographs.


​User Data Supplementation
We also may collect information about you from other sources, including from social media providers and commercially available sources such as data aggregators and public databases. Please note that we may combine the various types of information we collect about you and use it as described in this Privacy Policy.​

Log Files
We also may collect certain information by automated means when you use our Services, including your internet protocol ("IP") address; information about your web browser software and version; if you arrived at the Services through a link from a third-party website, the uniform resource locater ("URL") of the linking page; your mobile device identifier and other information about devices you use to access the Services; and information about your activity while using the Services, such as which pages you choose to view, queries you make using our "search" function, and other information about your account usage. ​

Tracking Technologies
Like many companies, we and our third party partners, such as advertising partners, marketing partners, and service providers, use certain technologies such as cookies and similar technologies. These technologies are used in analyzing trends, administering the site, tracking users' movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
You may be able to disable cookies by changing a setting in your web browser. Please note, however, that without cookies you may not be able to take full advantage of all the Services features. ​

Advertising
We partner with third party ad networks to either display advertising on our web site or to manage our advertising on other sites. Our ad network partners use cookies or similar technologies to collect non-personal information about your activities on this and other web sites to provide you targeted advertising based upon your interests.​

Communications
​We may use the personal information we collect about you in the ways described below.

  • Contact Us. We may use personal information about you to respond to your questions and comments when you communicate with us through links or pages provided by the Services, such as the "Contact Us" feature.
  • Shopping. If you purchase products through the Services, we will use personal information about you to process your purchase, confirm your order, and deliver the items to you.
  • Email Newsletters and Promotions. With your permission, we may use personal information about you to send you newsletters, exclusive offers and promotions, and product news through email. We also may use personal information about you to administer our promotions.
  • Surveys, Sweepstakes, and Message Boards. We may use personal information about you and/or collect additional information as set forth above, to enable you to participate in features such as surveys, polls, sweepstakes, and message boards.
  • Feedback. We may use information you provide to us, regarding our products and services, to provide product feedback to our customers through the Services.
  • Other Uses of Information. We may use personal information to provide you with the products, services, and information that you request. We may also use personal information to perform business analyses or for other purposes to improve the quality of our business, our Services, and the products we offer. We may also use personal information about you for our internal purposes, including administering our Services, investigating possible violations of and enforcing our contracts, including our Terms and Condition and any other terms and conditions associated with our products and services, and to comply with our legal obligations. In addition, we may use your personal information as otherwise described to you at the time of collection or with your consent.


Information We Share 
Our affiliates may share personal information among themselves. We will not share your personal information in ways other than as outlined in this policy. In addition, we may share personal information with other entities, including in the following circumstances:

  • Service Providers. We may share your personal information with service providers that perform certain functions or services on our behalf (such as to host websites, manage databases, perform analyses, send communications for us, process payments on our behalf, ship your orders, provide you with live chat service, or provide certain other components of websites).
  • Analytics. We may allow third parties to collect information in order to provide us with analytics. For instance, the Services may use analytics tools provided by Google to help us understand how people use the Services. You can learn more about how Google collects and uses information as a part of its tools at http://www.google.com/analytics/.
  • Social Media Features. Our Services include Social Media features. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.
  • Legal Process. We may disclose your personal information to respond to subpoenas, court orders, or other legal process in response to a request for cooperation from law enforcement or another government agency, and to comply with our other legal obligations.
  • Protect our Services and Users. We may disclose your personal information if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity, or violation of our Terms and Conditions or other contracts.
  • Other Circumstances. We may disclose your personal information in other ways that are described to you at the point of collection or pursuant to your consent.​


Information Collected from Visitors Outside the United States
If you are using the Services from outside the United States and provide us with personal information, please note that your personal information will be transferred, stored and processed in the United States. The data protection laws in the United States may not be as comprehensive as those in your country of residence. By doing business or interacting with the Company and the Services, you are consenting to the transfer of your personal information to facilities located in the United States and other facility locations selected by the Company.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.​

Public Forums
Our Services may offer a publicly accessible blog and customer reviews. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
Third Party Websites Our Services may provide links to websites operated by third parties for your convenience and information. All of these websites and applications operate independently from us, and we do not control their privacy practices. We encourage you to review the privacy policies of any third-party websites and applications that you use to better understand their privacy practices.

How We Protect Personal Information
We maintain reasonable security procedures to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you provide through our Services.
Among other safeguards, we use Secure Sockets Layer ("SSL") technology to help protect transmissions over the internet of your payment card data.
Unfortunately, no data transmission over the internet or stored on a server can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.

Updates to Our Privacy Policy
We reserve the right to modify the Privacy Policy at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. It is your responsibility to check to determine if there have been changes to the Privacy Policy and to review such changes. We may update this Privacy Policy periodically to reflect changes in our privacy practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Site prior to the change becoming effective.​


TERMS OF SERVICE
This Terms of Service applies to Atypic Digital Marketing Agency LLC's ("Atypic") digital marketing and consulting services. Specifics will be addressed in the Service Agreement.​

ACCURACY OF SPECIFICATIONS
All Specifications must be provided to Atypic before work begins. All work will be performed based upon the quote accepted by the client. Atypic can re-quote a job at time of submission if, materials provided by the client or quantity stated do not conform to the information on which the original quotation was based. 

PROPOSALS
A proposal not accepted within 5 days of being presented to a client or prospective client is no longer binding on Atypic and may be changed in Atypic's sole discretion.

PURCHASE/WORK ORDERS, OR PROPOSALS
Acceptance of purchase, work orders, or proposals are subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond Atypic's control. Canceled orders require compensation for incurred costs and related obligations.

PURCHASE ORDER SCHEDULES
Purchase order schedules will be established and followed by both the client and Atypic. In the event that purchase order schedules are not adhered to by the client, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of Atypic. In such cases, schedules will be extended by an amount of time equal to the delay incurred.

ELECTRONIC MANUSCRIPT OR IMAGE
It is the client's responsibility to maintain a copy of any original files. Atypic is not responsible for accidental damage to media supplied by the client, or for the accuracy of furnished input or final output.

ALTERATIONS/CORRECTIONS
Client alterations include all work performed in addition to the original specifications. All such work will be charged at Atypic's current rates.

CLIENT'S PROPERTY
It is current Atypic policy that Atypic will not assume ownership of or liability for a client's property. Atypic only facilitates the sale and transportation of a client's property to the buyer.

TERMS/CLAIMS/LIENS
Payment is net cash, set number of days from date of invoice based on terms established and approved credit lines. Otherwise, pre-payment in full is required. Claims for defects, damages or shortages must be made by the client in writing no later than 5 calendar days after delivery. If no such claim is made, Atypic and client will understand that the job has been accepted. By accepting the job, the client acknowledges that Atypic's performance has fully satisfied all terms, conditions, and specifications.

Atypic's liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, Atypic has the right to hold and place a lien on all client property in Atypic's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the client is liable for all collection costs incurred.

LIABILITY
Disclaimer of Express Warranties. Atypic warrants that the work is as described in the purchase order. The client understands that all sketches, copy, dummies, and preparatory work shown to the client are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.

Disclaimer of Implied Warranties. Atypic warrants only that the work will conform to the description contained in the purchase order. Atypic's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Atypic be liable for specific, individual, or consequential damages.

INDEMNIFICATION
The client agrees to protect Atypic from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold Atypic harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

  1. Copyrights. The client also warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the client agrees to indemnify and hold Atypic harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
  2. Personal or Economic Rights. The client also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone's right to privacy or other personal or economic rights. The client will, at the client's sole expense, promptly and thoroughly defend Atypic in all legal actions on these grounds as long as Atypic:
  • Promptly notifies the client of the legal action.
  • Gives the client reasonable time to undertake and conduct a defense.
  1. Atypic reserves the right to use its sole discretion in refusing to print anything it deems illegal, libelous, scandalous, improper or infringing upon copyright law.


TAXES
All amounts due for taxes and assessments will be added to the client's invoice and are the responsibility of the client. No tax exemption will be granted unless the client's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the client has paid the invoice, it is determined that more tax is due, then the client must promptly remit the required taxes to the taxing authority, or immediately reimburse Atypic for any additional taxes paid.

TELECOMMUNICATIONS
Unless otherwise agreed, the client will pay for all transmission charges. Atypic is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.


CONTACT US
If you have any questions or comments about this Privacy Policy and/or Terms of Service, or if you would like us to update information we have about you or your preferences, please contact us via the contact page, call (801) 436-7086, or email info@atypicdma.com.