Barton Creative & Consulting / Chameleon By Design

Last Updated: 2023.08.01

At Barton Creative & Consulting (BCC), we value and respect your privacy. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information. By accessing our website or using our services, you consent to the terms outlined in this policy.

1. Information We Collect:

We may collect various types of information, including but not limited to:
Personal Identification Information: Name, email address, phone number, postal address.
Payment Information: Credit card details, billing address.
Project Details: Information related to design projects, creative briefs, and requirements.

2. How We Use Your Information:

We use your information for purposes including, but not limited to:
Providing Services: Fulfilling design requests and delivering projects.
Communication: Sending project updates, newsletters, and responding to inquiries.
Billing: Processing payments and issuing invoices.
Improving Services: Analyzing usage patterns and enhancing our offerings.

3. Data Sharing:

We do not share your personal information with third parties unless necessary for the provision of services or required by law. In such cases, we ensure appropriate safeguards are in place to protect your data.

4. Data Security:

We prioritize the security of your information and implement industry-standard measures to protect against unauthorized access, disclosure, or alteration. However, no method of transmission or storage is completely secure.

5. Cookies and Analytics:

Our website may use cookies and analytics tools to improve user experience and gather information about how you interact with our content. You can manage your cookie preferences through your browser settings.

6. Your Rights:

You have certain rights regarding your personal information:
Access: Request access to the personal data we hold about you.
Rectification: Correct or update inaccurate information.
Erasure: Request deletion of your data, subject to legal obligations.
Object: Object to processing based on legitimate interests.
Withdraw Consent: You can withdraw consent for specific processing activities.

7. Children's Privacy:

Our services are not intended for individuals under the age of 16. We do not knowingly collect personal information from children. If you believe we have collected data from a minor, please contact us immediately.

8. Shipping & Fulfillment:

BCC works with third party suppliers for the production of sourced materials including but not limited to; event trade show material, branded custom collateral, signage, etc. BCC will work with the client and the supplier to resolve any shipping delays or damaged/lost goods during transit. Goods and materials are subject to the returns and refunds policies of the chosen supplier and are not accepted for any fully customized products.

9. Termination of Services

BCC shall have the right to modify, reject, or terminate any SOW and any related work in process with five days written notice to Client. In the event BCC terminates the SOW prior to completion of Services, the Client shall pay BCC the fees due under the SOW with respect to Services completed as of the date of termination. Payment for completed work will be deducted from the deposit. BCC will retain the non-refundable 50% of the Deposit and return any unearned portion exceeding 50% of the Deposit. Any amount due for services performed by BCC above the deposit will be billed to Client and Client shall promptly pay. Upon settlement of funds due to BCC, all Client provided materials will be returned to Client and all Client use rights in the work in process as described in SOW will be transferred to Client.

10. Links to Third-Party Websites

BCC has not reviewed all the websites or services linked to or from the Website. BCC provides these links as a convenience and linking to any third-party websites or services is at the user's own risk. A link does not imply endorsement or affiliation with the linked website by BCC.

11. Ownership of Deliverables

“Intellectual Property Rights” means any and all (a) rights associated with works of authorship, including but not limited to copyrights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patents and (c) all other intellectual property rights in any jurisdiction throughout the world. To the fullest extent permitted by law, BCC retains ownership in all Intellectual Property rights of the Deliverable. Further, BCC retains all ownership and Intellectual Property Rights to the raw video footage, music, images, and other components comprising the Deliverable for its future use. Upon full payment of the deliverable, BCC grants Client a perpetual, non-exclusive and non-transferable license to use, copy, reproduce, display, or distribute the Deliverable. Client shall retain sole ownership of all Intellectual Property Rights in connection with any original material it provides to BCC for use within the Deliverable.

12. DISCLAIMER

BCC PROVIDES THE WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THE WEBSITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, THE NEWSLETTER, IS AT YOUR OWN RISK. BCC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OR TRADEMARK OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. BCC DOES NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. BCC MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. BCC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE WEBSITE’S CONTENT OR THE NEWSLETTER.

13. LIMITATION OF LIABILITY

NEITHER BCC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF BCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, THE NEWSLETTER.

14. Indemnification

By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold BCC, its affiliates, directors, officers, employees, and agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website.

15. Changes to this Policy:

We may update this Privacy Policy to reflect changes in our practices or legal requirements. We encourage you to review this policy periodically. The updated version will be posted on our website.

16. Contact Us:

If you have any questions or concerns about our Privacy Policy or your data, please contact us at jon@bartoncc.com.

By using our services, you acknowledge that you have read and understood our Privacy Policy. If you disagree with any aspect of this policy, please refrain from using our services.

Barton Creative & Consulting
3131 Turtle Creek Blvd. STE 800
Dallas, TX, 75219
bartoncc.com
jon@bartoncc.com
580.656.7901

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