1. Introduction

Welcome to Ainspire Digital Marketing (“Ainspire,” “we,” “us,” or “our”). We are committed to protecting the privacy of individuals who visit our website (ainspiremarketing.com), interact with us, and use our digital marketing services (the “Services”). This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information. This Policy applies to personal information collected through our website, during the provision of our Services to Clients (as defined in our Digital Marketing Service Agreement), and through any other interactions you may have with Ainspire. For the purposes of this policy, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.   Our registered address is Ainspire Digital Marketing at Austin, Texas.  

2. Information We Collect

We may collect Personal Information in the following ways:

1. Information You Provide Directly to Us:

• Contact Information: When you fill out contact forms, subscribe to our newsletter, request a consultation, or otherwise communicate with us, we may collect your name, email address, phone number, company name, and any other information you choose to provide.
• Client Onboarding Information: When you become a Client, we collect information necessary to provide our Services and manage our contractual relationship, such as business details, payment information, and information related to your marketing needs as outlined in our Digital Marketing Service Agreement and Exhibit A. This may include financial and transaction-related data for billing and tax purposes.
• Account Information: If you create an account with us or on platforms we manage on your behalf, we may collect login credentials and profile information.
• Communications: Records and copies of your correspondence (including email addresses and social media interactions) if you contact us.
• Optional Information: You may also be asked to provide additional (non-mandatory) pieces of information such as your interests, preferences, age, gender, feedback, and survey responses so that we can better understand our customers.

1. Information We Collect Automatically:

• Log Data and Usage Information: When you visit our website, our servers automatically record information that your browser sends. This may include your IP address, browser type and settings, device information, operating system, referral URLs, pages visited, links clicked, and the dates and times of your access.
• Cookies and Similar Tracking Technologies: We use cookies, web beacons, pixel tags, and other tracking technologies to collect information about your Browse activities and preferences. This helps us operate our website, understand user engagement, personalize your experience, and for our own marketing purposes. For more details, please see Section 5 (“Cookies and Tracking Technologies”) and our dedicated Cookie Policy.
• Analytics Information: We use third-party analytics services (like Google Analytics) to help us understand how users engage with our website and Services. These services may use cookies and other tracking technologies to collect information about your use of our website and report website trends.

1. Information We Collect from Third Parties:

• Social Media Platforms: If you interact with us on social media platforms (e.g., Facebook, LinkedIn, Instagram, TikTok), we may collect information that you have made publicly available on those platforms or information you share with us directly through those platforms. If you use single sign-on services (e.g., Facebook single-sign-on), you grant permission for the platform to share certain profile information with us, such as your name, profile picture, list of friends, and other information notified to you by the platform prior to authorization. You control what social media information you allow us to access using your privacy settings on the applicable social media platform.
• Publicly Available Sources: We may collect information from publicly available sources, such as business directories or public records, to identify potential clients or to supplement information we already have. We may also combine your information with information we collect from other third parties, including analytics providers and advertising networks.
• Our Clients: If you are a customer or lead of one of our Clients, that Client may provide us with your Personal Information in connection with the Services we are providing to them (e.g., for managing their email marketing lists, ad campaigns, or CRM integrations). Our use of such data is governed by our Digital Marketing Service Agreement with the Client, who is responsible for ensuring they have the necessary permissions to share such data.

1. Information Related to Client Services (Our Role as Data Processor/Service Provider):

As a digital marketing agency, we process data on behalf of our Clients, acting as a “Data Processor” or “Service Provider.” This includes their customer data when we manage their marketing campaigns, websites, or social media. The collection and processing of this data are governed by our Digital Marketing Service Agreement with each Client (Section 7) and the Client’s own privacy policies. Ainspire acts upon the instructions of its Clients regarding such data. The Client is the “Data Controller” or “Business” responsible for obtaining necessary consents and ensuring compliance with data privacy laws applicable to their business operations or collection of data.

3. How We Use Your Information and Our Legal Basis for Processing

We use the Personal Information we collect for the following purposes and rely on one or more of the following legal bases when processing your data:

1. To Provide and Manage Our Services: To fulfill our contractual obligations to our Clients, including providing local listings setup, social media management, content creation, email marketing, ad campaign management, website development, WhatsApp AI Chatbot integration, and other services as described in Exhibit A of our Client contracts.

 

• Legal Basis: Performance of a contract with you or to take steps at your request before entering into a contract.

1. To Communicate With You: To respond to your inquiries, provide customer support, send you service-related updates, and inform you about material changes to our terms, conditions, and policies.

 

• Legal Basis: Performance of a contract with you, or compliance with a legal obligation, or our legitimate interests in managing our relationship with you.

1. For Marketing and Promotional Purposes (Our Own): To send you newsletters, promotional materials, and other information about our Services that may be of interest to you, where permitted by law and with your consent where required. We may also make suggestions and recommendations to you about goods and services that could be of interest to you.

 

• Legal Basis: Your consent (where required by law), or our legitimate interests in promoting our business and services. You can opt-out of these communications at any time (see Section 8: “Your Privacy Rights and Choices”).

1. To Improve Our Website and Services: To analyze trends, track user activities, gather demographic information, and improve the functionality and user experience of our website and Services. This includes leveraging AI tools for analytics and service optimization and studying how customers use our products and services to improve the customer experience and develop our offerings.

 

• Legal Basis: Our legitimate interests in developing and growing our business and improving our services.

1. For Analytics and Research: To measure the performance of our marketing campaigns (e.g., analyzing open and click rates) and to provide insight and analysis of our customers for ourselves and our business partners.

 

• Legal Basis: Our legitimate interests in understanding and optimizing our business operations and marketing strategies.

1. To Process Payments: To bill our Clients for Services rendered.

 

• Legal Basis: Performance of a contract with you and compliance with legal obligations (e.g., tax purposes).

1. To Ensure Security and Prevent Fraud: To protect our website, Services, and users from fraudulent, abusive, or unlawful activity. This includes ensuring network and system security and preventing, detecting, mitigating, and investigating fraud, security breaches, and other prohibited or illegal activities. We may also verify your identity.

 

• Legal Basis: Our legitimate interests in protecting our business and systems and compliance with legal obligations.

1. For Personalization and Advertising: To personalize content, services, and communications, and to select and deliver advertising and content to you and measure the delivery and effectiveness of such advertising and content. This may involve matching, combining, or linking different sources of information we hold about you to provide personalized content and targeted advertising. We may also use your information for retargeting, where you might see advertisements on partner sites for products or services you’ve recently viewed on our sites.

 

• Legal Basis: Our legitimate interests in effectively marketing our services and personalizing user experience. Where required, we will obtain your consent for certain types of targeted advertising.

1. For Aggregation and Anonymization: To aggregate and anonymize your data so that we can use it to enable us to sell advertising and monitor the efficacy of our business partnerships. This will not include any information that directly identifies you, such as your name, email address, address, or phone number.

 

• Legal Basis: Our legitimate interests in developing and monetizing our business and improving our services.

1. To Comply with Legal Obligations: To comply with applicable laws, regulations, court orders, or other legal processes, such as responding to subpoenas or government requests.

 

• Legal Basis: Compliance with a legal obligation.

1. For Other Business Purposes: For purposes disclosed to you at the time you provide your Personal Information or otherwise with your consent.

 

• Legal Basis: Your consent.

4. How We Share Your Information

We do not sell your Personal Information. We may share your Personal Information with the following categories of third parties and for the following purposes:

• Service Providers and Subcontractors: We may share Personal Information with third-party vendors, service providers, contractors, or agents who perform services on our behalf, such as website hosting, data analysis, payment processing, email delivery, advertising services, IT services, and customer service. These third parties are contractually obligated to protect your Personal Information and are restricted from using it for any purpose other than to provide the services requested by Ainspire. For data transferred outside the European Union, we ensure adequate protections are in place.
• Advertisers, Ad Networks, and Content Recommendation Services: We share your information with advertisers, ad servers, ad networks, and content recommendation services to select and deliver advertising and content, and target and personalize advertising and content both on our sites and on selected partner sites. This will not include any information which directly identifies you, such as your name, email address, address, or phone number.
• Analytics and Search Engine Providers: We also share your information with analytics and search engine providers to assist us in the improvement and optimization of our sites.
• Clients (Regarding Their Customer Data): When we process data on behalf of our Clients, we share information back with them as part of the Services.
• With Your Consent: We may share your Personal Information with third parties when we have your explicit consent to do so.
• For Legal Reasons: We may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (a) comply with a legal obligation or government request; (b) protect and defend the rights or property of Ainspire; (c) prevent or investigate possible wrongdoing in connection with the Services; (d) protect the personal safety of users of the Services or the public; or (e) protect against legal liability.
• Business Transfers: In the event of a merger, acquisition, divestiture, reorganization, dissolution, or other sale or transfer of some or all of Ainspire’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Ainspire is among the assets transferred. You will be sent notice of such an event.
• Aggregated or De-identified Data: We may share aggregated or de-identified information, which cannot reasonably be used to identify you, for various purposes, including research, analysis, and improving our Services. This also enables us to sell advertising and monitor the efficacy of our business partnerships.

5. Cookies and Tracking Technologies

We use cookies and similar tracking technologies (like web beacons and pixels) to collect and use Personal Information about you, including to serve interest-based advertising.

• What are Cookies? Cookies are small text files placed on your device when you visit a website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
• How We Use Cookies:

• Essential Cookies: Necessary for the website to function and cannot be switched off in our systems.
• Performance and Analytics Cookies: Allow us to count visits and traffic sources so we can measure and improve the performance of our site (e.g., Google Analytics).
• Functionality Cookies: Enable the website to provide enhanced functionality and personalization.
• Targeting/Advertising Cookies: May be set through our site by our advertising partners to build a profile of your interests and show you relevant advertisements on other sites.

• Your Choices Regarding Cookies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website. For more information on how to manage cookies, please refer to your browser’s help documentation or visit www.allaboutcookies.org. To opt-out of Google Analytics, you can install the Google Analytics Opt-out Browser Add-on. You can also opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website (www.networkadvertising.org) or from participants in the Digital Advertising Alliance (DAA) by visiting www.aboutads.info/choices.

6. Data Security

We have implemented and maintain reasonable administrative, physical, and technical security safeguards designed to protect the Personal Information we collect from unauthorized access, use, disclosure, alteration, or destruction, consistent with industry standards and applicable laws. These safeguards include using sophisticated encryption and authentication tools, secure routers and firewalls, access controls, and multi-factor authentication (MFA) for platforms containing client data. We utilize secure cloud file storage and password management tools. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. The security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website or platforms we manage, you are responsible for keeping this password confidential. You should always log out of our Platform when you are done using it, especially if you are sharing a computer with someone else or are using a computer in a public place.  

7. Data Retention

We will retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements, and to resolve disputes and enforce our agreements. For example, we are required by law to keep certain information about our customers (such as financial and transaction-related data) for seven years after they cease being customers for tax purposes. We may adjust this retention period to comply with changes in the law. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.   For data processed on behalf of our Clients, we retain such data in accordance with the terms of our agreement with that Client. We will work with clients to return or securely delete their data upon termination of services.  

8. Your Privacy Rights and Choices

Depending on your location and applicable data protection laws (such as GDPR for individuals in the European Economic Area, CCPA/CPRA for California residents, and LFPDPPP for individuals in Mexico), you may have certain rights regarding your Personal Information. These rights may include:

• Right of Access (ARCO – Acceso): To request access to the Personal Information we hold about you and receive a copy of it.
• Right to Rectification (ARCO – Rectificación): To request correction of any inaccurate or incomplete Personal Information we hold about you.
• Right to Erasure (Right to be Forgotten / ARCO – Cancelación): To request deletion of your Personal Information, subject to certain exceptions. Note that we may not always be able to comply with your request for erasure for specific legal reasons, which will be notified to you if applicable.
• Right to Restrict Processing: To request that we suspend the processing of your Personal Information in certain scenarios, such as if you want us to establish the data’s accuracy, or2 where our use of the data is unlawful but you do not want us to erase it.
• Right to Data Portability: To request to receive your Personal Information in a structured, commonly used, and machine-readable format, and to have it transmitted to another controller where technically feasible. This right applies only to automated information which you initially provided consent for us to use or where we used the information to perform4 a contract with you.
• Right to Object (ARCO – Oposición): To object to the processing of your Personal Information where we are relying on a legitimate interest (or those of a third5 party) but you object on grounds that it impacts your fundamental rights and freedoms, including for direct marketing purposes. In certain cases, we will demonstrate compelling legitimate grounds to process your information which override your rights and freedoms.
• Right to Withdraw Consent: If we are processing your Personal Information based on your consent, you have the right to withdraw your consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent.
• Rights Related to Automated Decision-Making and Profiling: The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except under certain conditions.
• Right to Opt-Out of Sale/Sharing (CCPA/CPRA): While Ainspire does not “sell” Personal Information in the traditional sense, California residents have the right to opt-out of the “sharing” of their Personal Information for cross-context behavioral advertising.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights.

Exercising Your Rights: To exercise any of these rights, please contact us using the contact details provided in Section 13 (“Contact Us”). We will respond to your request in accordance with applicable law. We may need to verify your identity before processing your request, which may require you to provide additional information. Marketing Communications Opt-Out: You can opt-out of receiving promotional emails from us by clicking the “unsubscribe” link provided in such emails or by contacting us directly. Please note that even if you opt-out of receiving marketing communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

9. International Data Transfers

Your Personal Information may be transferred to, stored, and processed in countries other than your own, including the United States, where our servers may be located and our central database is operated. Our Platform is hosted in the USA and we conduct all of our business from our office located in the USA. These countries may have data protection laws that are different from the laws of your country, and may not afford many of the rights conferred upon data subjects in the European Union. By submitting your personal data, you are agreeing to the transfer, storing, and processing of your data outside of the European Union. You acknowledge that you understand your personally identifiable information may be transferred to the United States, or other jurisdictions as indicated above. If we transfer your Personal Information to other countries, we will take appropriate measures to ensure that your Personal Information remains protected in accordance with this Privacy Policy and applicable data protection laws. For individuals in the EEA or Mexico, this may include implementing Standard Contractual Clauses or other legally recognized transfer mechanisms. Any third parties we contract with to process your data on our behalf are subject to contractual obligations to protect the security of your data.  

10. Children’s Privacy

Our website and Services are not intended for children under the age of 16 (or a higher age threshold if stipulated by applicable local laws, e.g., COPPA in the U.S. defines a child as under 13 for certain purposes). We do not knowingly collect Personal Information from children under 16. If we become aware that we have collected Personal Information from a child under 16 without verification of parental consent, we will take steps to delete that information. If you are under 13, please do not provide any information to us and instead ask your parent or guardian to do this on your behalf. You must be at least 18 years of age to purchase products or services from us; if you are under 18, your parent or guardian must purchase on your behalf. If you believe we might have any information from or about a child under 16, please contact us.

11. Links to Other Websites

Our website may contain links to other websites not operated or controlled by Ainspire (“Third-Party Sites”). Please note that clicking on links and advertisements on our sites could result in you being transferred to another website, where data privacy practices vary from ours. The information that you share with Third-Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third-Party Sites directly for information on their privacy practices and policies. We are not responsible for, and have no control over, information that is submitted to or collected by these third parties.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. If we make material changes, we will notify you by posting the updated policy on our website and updating the “Effective Date” at the top of this policy. For significant changes, we may also provide a more prominent notice (such as by adding a statement to our homepage or sending you a notification). Your continued use of our Website and/or Services following the posting of changes constitutes your acceptance of such changes. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting the Personal Information we collect.

13. Contact Us

If you have any questions, comments, or concerns about this Privacy Policy, our data practices, or if you wish to exercise your privacy rights, please contact us at: [email protected]