Privacy Policy

1. Introduction

Noah DeYoung ("we," "our," or "us") operates ND|Visuals. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service. We are committed to protecting your privacy and ensuring compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

2. Information We Collect

2.1 Information You Provide

We collect information that you provide directly to us, including:

• Name and email address (required for all image downloads, both free and paid)
• Payment information (processed securely through third-party payment processors including Apple Pay, Google Pay, and invoice systems)
• Company name and billing address (if provided for invoice-based payments)
• License acceptance confirmation (required before downloading any image)
• Any communications you send to us

2.2 Automatically Collected Information

When you use our Service, we automatically collect certain information, including:

• IP address and geolocation data
• Browser type, version, and language preferences
• Device information (operating system, device type, screen resolution)
• Usage data and analytics (pages visited, images viewed, download history)
• Cookies and similar tracking technologies
• Referral sources and search terms used to find our Service

3. How We Use Your Information

We use the information we collect to:

• Process and fulfill your download requests
• Process payments for paid images
• Send you download links and confirmations
• Improve and optimize our Service
• Respond to your inquiries and provide customer support
• Detect and prevent fraud or abuse
• Comply with legal obligations
• Send marketing communications (only with your consent)

4. Information Sharing and Disclosure

We do not sell your personal information. We may share your information only in the following circumstances:

• Service Providers: We share information with trusted third-party service providers who perform services on our behalf:
  • Cloudinary: Image hosting, processing, and delivery
  • AWS S3: Secure image storage and file hosting
  • Cloudflare: Website hosting, content delivery, database services (D1), security, and analytics
  • Payment Processors: Apple Pay, Google Pay, and invoice processing systems for payment transactions
• Legal Requirements: We may disclose information if required by law, court order, or in response to valid legal requests from government authorities
• Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred to the acquiring entity
• With Your Consent: We may share information with your explicit consent for specific purposes
• Protection of Rights: We may disclose information to protect our rights, property, or safety, or that of our users or others

All third-party service providers are contractually obligated to protect your information and use it only for the purposes we specify. They are not permitted to use your information for their own marketing purposes.

5. Data Security

We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

6. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to track activity on our Service and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier.

6.1 Types of Cookies We Use

• Essential Cookies: Required for the Service to function properly (e.g., session management, authentication)
• Analytics Cookies: Help us understand how visitors interact with our Service (provided by Cloudflare and other analytics services)
• Preference Cookies: Remember your settings and preferences

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

7. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

• Download Records: Retained for accounting, tax, and legal compliance purposes (typically 7 years as required by law)
• Payment Information: Payment processors may retain transaction data according to their own policies and legal requirements
• Email Addresses: Retained while you continue to use our Service and for a reasonable period thereafter
• Analytics Data: Aggregated and anonymized usage data may be retained indefinitely for service improvement purposes

If you request deletion of your personal information, we will comply with your request subject to our legal obligations to retain certain records.

8. General Data Protection Regulation (GDPR) Rights

If you are located in the European Economic Area (EEA) or United Kingdom, you have certain data protection rights under the GDPR. We process your personal data based on the following legal bases:

• Contract Performance: To fulfill our contract with you (processing downloads and payments)
• Legitimate Interests: To improve our Service, prevent fraud, and ensure security
• Consent: For marketing communications (where applicable)
• Legal Obligations: To comply with accounting, tax, and other legal requirements

Your rights under the GDPR include:

8.1 Right to Access

You have the right to request copies of your personal data. We may charge a small fee for this service.

8.2 Right to Rectification

You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.

8.3 Right to Erasure

You have the right to request that we erase your personal data, under certain conditions. Note that we may be required to retain certain information for legal or accounting purposes.

8.4 Right to Restrict Processing

You have the right to request that we restrict the processing of your personal data, under certain conditions.

8.5 Right to Object to Processing

You have the right to object to our processing of your personal data, under certain conditions.

8.6 Right to Data Portability

You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

8.7 Right to Withdraw Consent

Where processing is based on consent, you have the right to withdraw your consent at any time.

8.8 Exercising Your Rights

To exercise any of these rights, please contact us using the contact information provided at the end of this Privacy Policy. We will respond to your request within one month. We may need to verify your identity before processing your request.

8.9 Right to Lodge a Complaint

You have the right to lodge a complaint with a supervisory authority if you believe that our processing of your personal data violates the GDPR. In the UK, this would be the Information Commissioner's Office (ICO).

9. Children's Privacy

Our Service is appropriate for all ages. However, we do not knowingly collect personal information from children under 13 years of age without parental consent. If you are a parent or guardian and believe your child has provided us with personal information, please contact us.

10. International Data Transfers

Your information may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where data protection laws may differ. Specifically:

• Our Service is hosted on Cloudflare infrastructure, which may process data in various locations worldwide
• Images are stored on AWS S3 servers, which may be located in different regions
• Cloudinary processes images on servers that may be located outside your jurisdiction
• Payment processors may process transactions in various locations

By using our Service, you consent to the transfer of your information to these facilities. We ensure that appropriate safeguards are in place to protect your information in accordance with this Privacy Policy and applicable data protection laws.

11. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date. You are advised to review this Privacy Policy periodically for any changes.

12. Contact Information

If you have any questions about this Privacy Policy or wish to exercise your GDPR rights, please contact us:

Data Protection Contact:
Noah DeYoung
ND|Visuals
5753 Highway 85 N PMB 3496
Crestview, FL 32536
Email: privacy@nd-visuals.com

We will respond to your privacy inquiries and data protection requests within one month. For GDPR-related requests, we may need to verify your identity before processing your request.