Privacy Policy

We at The Loudr Agency respect your concerns about privacy. This privacy notice is issued on behalf of The Loudr Agency so when we mention “Company”, “we”, “us” or “our” in this privacy notice, we are referring to parties at The Loudr Agency responsible for processing your data. This Online Privacy Notice applies to personal information we obtain through this website (“Site”). This Online Privacy Notice describes the types of personal information we obtain through the Site, how we may use the information, with whom we may share it and the choices available to you. We also describe measures we take to safeguard the information and tell you how to contact us about our privacy practices.

We may obtain certain categories of personal information when you choose to provide it through our Site. We may collect contact and identity information such as your name, email address, phone number, postal address, company name, and job title when you submit an inquiry, sign up for our newsletter, or otherwise interact directly with our Site. We use HubSpot and Klaviyo to manage newsletter subscriptions and marketing communications; information submitted through newsletter signup forms is collected and stored by these platforms on our behalf in accordance with their respective privacy policies. We do not collect employment history, military history, or job application data through our Site — hiring inquiries are handled through third-party platforms such as LinkedIn, Indeed, and ZipRecruiter, which have their own privacy policies.

Our Site is built and hosted on Shopify, which may automatically collect certain technical and usage data from visitors, including page views, traffic sources, device and browser information, and approximate geographic location. This data is collected and processed by Shopify in accordance with their privacy policy, available at shopify.com/legal/privacy.

In addition, we may collect technical and usage data when you visit our Site by automated means, such as cookies and web beacons. The information we obtain in this manner includes IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, and dates and times of website visits.

A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of content on which a visitor clicks while browsing a website.

We may also use third-party web analytics services on our Site, such as those of Google Analytics. To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please see the “Your Options” section below. Information about cookie practices in the United States is available at www.ftc.gov/policy-notices/privacy-policy/internet-cookies.

We use the information we obtain through the Site to:

  • Respond to and communicate with you about your requests, questions and comments;
  • Operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and Site; and performing accounting, auditing, billing, reconciliation and collection activities);
  • Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization of personal information);
  • Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
  • Comply with and enforce applicable legal requirements, relevant industry standards and our policies.

We also use information collected online through cookies, web beacons and other automated means for purposes such as customizing our users’ visits to our Site, diagnosing technical and service problems, administering our Site, identifying users of our Site, and gathering demographic information about our users.

Performance of Contract – we will process your personal information where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a Legal or Regulatory Obligation – we will process your personal information where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Consent – we will process your personal information in a manner to which you have consented. You have the right to withdraw consent to marketing at any time by contacting us using the information set forth in the “How to Contact Us” section.

Legitimate Interest – we will process your personal information in accordance with the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you and your rights before we process your personal information for our legitimate interests.

We do not sell or otherwise share personal information about you, except as described in this Online Privacy Notice. We share personal information with third parties who perform services on our behalf, such as our hosting provider and other similar vendors. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also share the personal information we obtain with our affiliates and subsidiaries for the purposes described in Section 2 of this Online Privacy Notice.

In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials based on a lawful disclosure request, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets.

We offer you certain choices about how we communicate with you and what information we collect from you. To update your preferences, ask us to remove your information from our mailing lists, or submit a request, please contact us as indicated in the “How To Contact Us” section of this Online Privacy Notice.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Site or some of its functionality may be affected. Our Site is not designed to respond to “do not track” signals received from browsers.

Cookie Notice: We are in the process of publishing a dedicated Cookie Notice that will provide detailed information about the specific cookies used on our Site, their purpose, and how to manage your preferences. In the meantime, you may control cookie settings directly through your browser preferences. Further information on managing cookies is available at www.allaboutcookies.org.

To the extent provided by the law of your jurisdiction, you may (i) have the right to access certain personal information we maintain about you and obtain a copy of that information, (ii) update or correct inaccuracies in that information, (iii) object to our processing of your personal information in certain circumstances, (iv) request that we delete your personal information from our database, (v) request a transfer of your personal information to a third party, and (vi) withdraw your consent for us to use your personal information. To exercise these rights, please contact us as indicated in the “How To Contact Us” section. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information.

Some of the personal information we collect about you through the Site may be transferred to our processors in countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to such other countries, we will protect that information as described in this Online Privacy Notice and will comply with applicable legal requirements.

Our Site may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with The Loudr Agency. Linked websites typically have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with The Loudr Agency, any use of those websites, or the privacy practices of those websites.

The Site may integrate with social networking services. Please understand that we do not control such services and are not liable for the manner in which they operate. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your personal information, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties.

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online.

We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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.

In some circumstances you can ask us to delete your data: see the “Access and Corrections” section for further information. In some circumstances we may anonymize your personal information for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.

Responsibility for Storage: While you are a client, we will securely store all your assets and deliverables.

Post-Engagement Storage: Once you terminate services with our agency, we will store your assets for up to one year. Clients must make arrangements to transfer and store their photos/video before the end of that period, or pay a storage fee to Loudr.

Raw Footage and Images: Raw footage and raw image storage are subject to Loudr’s Data & Media Storage Policy detailed in the Data & Media Storage Policy section of this document.

Any changes or additions to the original project scope must be documented and may require a revised project timeline and additional costs. All change requests must be submitted in writing. The agency will evaluate the impact on the project timeline and budget before proceeding.

Market Conditions: The agency is not responsible for campaign performance dips due to changes in market conditions, industry trends, or external events beyond our control.

Third-Party Dependencies: Any dependencies on third-party services or platforms must be clearly outlined. The agency is not liable for issues arising from third-party failures or delays.

Equipment Failure: The agency is not liable for delays or issues caused by unforeseen equipment failure. Backup equipment will be used when possible, but rescheduling may be necessary.

Technical Issues: Technical issues during the shoot, such as lighting or sound problems, may require additional time or rescheduling. The agency is not responsible for delays caused by such issues.

Client Responsibilities: Any essential service that the client agrees to provide that is delayed, not booked, or canceled may result in additional charges or rescheduling. Any client approvals that are not made within the provided timeline may result in rush fees, additional charges and/or rescheduling. The agency is not responsible for delays caused by such issues.

To the fullest extent permitted by applicable law, The Loudr Agency’s total liability to the Client for any claims arising out of or related to an Agreement — whether in contract, tort, or otherwise — shall not exceed the total fees paid by the Client to The Loudr Agency for the specific project or engagement giving rise to the claim.

In no event shall The Loudr Agency be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.

The limitations in this section apply to the maximum extent permitted by law and reflect a fair allocation of risk between the parties.

All intellectual property and related material developed or produced under an Agreement, including any trade secrets, moral rights, goodwill, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”), is a “work made for hire” and is initially the sole property of The Loudr Agency (Bottom Line Marketing LLC). Upon completion of all payments as outlined in the applicable agreement and delivery of the final work product, The Loudr Agency will transfer all intellectual property rights in the final deliverables to the Client. Neither party may use the deliverables for any purpose beyond that contracted for in the applicable agreement without prior written consent of the other party. The Client or Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

Portfolio and Marketing Use: The Loudr Agency reserves the right to use final deliverables, including photographs, video, and other produced assets, in our portfolio, on our website, across our social media channels, in marketing and promotional materials, and in award or industry submissions, for the purpose of showcasing our work. We will not use your assets in any way that misrepresents your brand or discloses confidential business information. If you require that your project remain confidential or wish to restrict our portfolio use of your deliverables, please notify us in writing prior to project completion and we will honor that request on a case-by-case basis.

Video Projects

  • If the client terminates a project 30 days or less prior to a planned shoot, a cancellation fee of up to 50% of the remaining production budget will be charged. The exact cancellation fee will be specified in the applicable project agreement.
  • If the client needs to reschedule the shoot, they must provide at least 30 days’ notice and a new agreed-upon date. Rescheduling with less notice may incur additional fees and depend on the availability of the agency and resources.
  • If the agency needs to reschedule the shoot due to unforeseen circumstances (e.g., equipment failure, illness, etc.), we will provide as much notice as possible and work with the client to find a mutually agreeable new date.

Photo Projects

  • If the client cancels a shoot with less than 30 business days’ notice, a cancellation fee of up to 50% of the total project cost will be charged to cover lost time and expenses.
  • If the client needs to reschedule the shoot, they must provide at least 30 days’ notice and a new agreed-upon date. Rescheduling with less notice may incur additional fees and depend on the availability of the agency and resources.
  • If the agency needs to reschedule the shoot due to unforeseen circumstances (e.g., equipment failure, illness, etc.), we will provide as much notice as possible and work with the client to find a mutually agreeable new date.

Duration of Data Storage: Upon completion of media production, we offer complimentary storage on our secure servers for up to 12 months. After this period, ongoing storage for media from the previous year will be subject to additional charges.

Client Options for Data Storage: Clients have the option to extend storage on our servers beyond the initial 12-month period for an annual fee. We ensure that your valuable media assets are kept safe, accessible, and ready for any future editing requirements.

Purchase of Raw Footage and Source Files: Should a client wish to acquire raw footage, graphics files, or other raw media that has not been edited or finalized, we offer the option to purchase these assets for a one-time fee. Please note that source files remain the property of The Loudr Agency, with clients owning the rights to the final deliverables only until ownership transfer has been made upon purchase.

Data Server Maintenance: To uphold the highest standards of data management, we conduct an annual audit of our servers that ends on January 1st each year. This ensures that our storage facilities remain organized, efficient, and free of outdated or irrelevant files.

Annual Data Storage & Asset Buyout Pricing:

  • Annual Data Storage: $0.50 GB/year
  • Raw Video Footage (Buyout): 50% of project price (per project) + cost of hard drive if applicable
  • Raw Photo / Images (Buyout): 50% of project price (per project) + cost of hard drive if applicable
  • Design Project File Buyout (PSD, AI, INDD): $150 per project file + cost of hard drive if applicable
  • Video / Motion Project File Buyout (PRPROJ, AEP): $300 per project file + cost of hard drive if applicable

Our Site is not directed to children under the age of 13 and we do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete that information promptly. If you believe a child under 13 has submitted personal information to us, please contact us using the information in the “How To Contact Us” section.

If you are a California resident, you have specific rights regarding your personal information under the California Consumer Privacy Act (CCPA). This section describes those rights and how to exercise them.

We do not sell your personal information. We have not sold personal information to third parties in the preceding 12 months and will not do so without providing explicit notice and the opportunity to opt out.

As a California resident, you have the right to:

  • Know what personal information we collect, use, disclose, and sell about you;
  • Delete personal information we have collected from you, subject to certain exceptions;
  • Opt out of the sale of your personal information (though as noted above, we do not currently sell personal information); and
  • Non-discrimination — we will not discriminate against you for exercising any of your CCPA rights.

To exercise any of these rights, please contact us using the information in the “How To Contact Us” section. We will respond to verifiable consumer requests within 45 days as required by law.

This policy and any agreements entered into with The Loudr Agency shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. In the event of any dispute arising out of or related to this policy or any agreement with The Loudr Agency, the parties agree to first attempt resolution through good-faith mediation before initiating litigation. Any litigation shall be brought exclusively in the courts of the State of Florida, and both parties consent to personal jurisdiction in that venue.

This Online Privacy Notice will be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our Site to notify you of any significant changes to our Online Privacy Notice, including indicating at the top of the notice when it was most recently updated.

If you have any questions about this Online Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact our privacy manager:

Email: privacy@loudr.agency

Denver Office: The Loudr Agency, Attention: Privacy Team, 1900 Grant St, Suite 840, Denver, CO 80203

West Palm Beach Office: The Loudr Agency, Attention: Privacy Team, 1250 Elizabeth Ave, Suite 2, West Palm Beach, FL 33401

You have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance.