Privacy Policy

This privacy notice for Damien Guard (’we‘, ’us‘, or ’our‘), describes how and why we might collect, store, use, and/or share (’process‘) your information when you use our services (’Services‘), such as when you:

Visit our website at damieng.com, or any website of ours that links to this privacy notice.

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at [email protected].

Summary of Key Points

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you leave a comment we will process the personal information you leave. Learn more about personal information you disclose to us.

Do we process any sensitive personal information? We do not process sensitive personal information.

Do we collect any information from third parties? We do not collect any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.

How do you exercise your rights? The easiest way to exercise your rights is by visiting damieng, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

Want to learn more about what we do with any information we collect? Please review this privacy notice in full.

1. What Information Do We Collect?

In Short: We collect only personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you when you leave a comment on the service Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends what your submit when you leave a comment. The personal information we collect may include the following:

name or alias
email address
website address
X handle
GitHub profile name

Sensitive Information. We do not process sensitive information.

2. How Do We Process Your Information?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

To facilitate leaving and displaying comments. We may process your information so you can leave a comment and that we can display it to future visitors.
To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
To save or protect an individual’s vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

3. What Legal Bases Do We Rely On To Process Your Information?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.

If you are located in the EU or UK, you have additional legal rights. We endeavour to extend those rights to everyone.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

Consent. We may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms.
Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

In Short: We only share information in specific situations described in this section and/or with the following third parties.

We do not and will not share your personal information with third parties other than where those third parties are providing services to us. The third parties used to provide the services are:

Cloudflare for web site hosting, delivery, comment processing and content delivery network services.
GitHub for holding the source code for the site including submitted comments.
Amazon AWS for site backups and static hosting.

We may also share your personal information with law enforcement, government agencies, or other third parties if we are compelled to do so by law, court order, or other legal process, or if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the safety of any person.

5. Is Your Information Transferred Internationally?

In Short: We may transfer, store, and process your information in countries other than your own.

Many of our service providers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see When And With Whom Do We Share Your Personal Information? above), in the United States, and other countries.

If you are a resident in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.

6. How Long Do We Keep Your Information?

In Short: We keep your information for as long as necessary to keep hosting the site and to comply with our legal obligations.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. Do We Collect Information From Minors?

In Short: We do not knowingly collect data from or target children under 18 years of age.

We do not knowingly collect, solicit data from, or target children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at [email protected].

8. What Are Your Privacy Rights?

In Short: Depending on your state of residence in the US or in some regions, such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time, depending on your country, province, or state of residence.

In some regions (like the EEA, UK, Switzerland, and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in How Can You Contact Us About This Notice? below.

We will consider and act upon any request in accordance with applicable data protection laws. If you believe we are unlawfully processing your personal information, you may also have the right to complain to your local authority.

EEA members to your Member State data protection authority
UK residents to the UK data protection authority
Switzerland residents to the Federal Data Protection and Information Commissioner

If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in How Can You Contact Us About This Notice? below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Submitted Comment Information

If you would at any time like to review or change the information in your comment or remove your comment, you can:

Upon your request to remove your comment we will check your identity and then remove your comment from the public site. Due to the blockchain nature of Git it is not possible to remove the comment from the Git history but that information is visible only to ourselves and our hosting providers.

If you have questions or comments about your privacy rights, you may email us at [email protected].

9. Controls For Do-Not-Track Features

Our services do not use any kind of tracking, analytics, cookies or local storage technologies. As such, we do not respond to Do-Not-Track (‘DNT’) signals because accessing our services are anonymous and we do not perform any tracking.

10. Do United States Residents Have Specific Privacy Rights?

In Short: If you are a resident of California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, or Virginia, you may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. More information is provided below.

Categories of Personal Information We Collect

We have collected the following categories of personal information in the past twelve (12) months:

A. Identifiers

YES Contact details, such as real name, alias, email address, X user name, GitHub profile name

B. Personal information as defined in the California Customer Records statute

YES Name, contact information
NO Education, employment, employment history, and financial information

C. Protected classification characteristics under state or federal law

NO Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data

D. Commercial information

NO Transaction information, purchase history, financial details, and payment information

E. Biometric information

NO — Fingerprints and voiceprints

F. Internet or other similar network activity

NO Browsing history, search history, online behaviour, interest data, and interactions with our and other websites, applications, systems, and advertisements

G. Geolocation data

NO — Device location

H. Audio, electronic, sensory, or similar information

NO — Images and audio, video or call recordings created in connection with our business activities

I. Professional or employment-related information

NO — Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us

J. Education Information

NO — Student records and directory information

K. Inferences drawn from collected personal information

NO — Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

L. Sensitive personal Information

Use of Personal Information

We will use and retain the collected personal information as needed to provide the Services or for:

Category A & B — As long as the user has a comment on the site

Sources of Personal Information

Learn more about the sources of personal information we collect What Information Do We Collect?

Learn about how we use your personal information How Do We Process Your Information?

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Learn more about how we disclose personal information to in the section When And With Whom Do We Share Your Personal Information?

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be ‘selling’ of your personal information.

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your Rights

You have rights under certain US state data protection laws. These rights include:

Right to know whether or not we are processing your personal data
Right to access your personal data
Right to correct inaccuracies in your personal data
Right to request the deletion of your personal data
Right to obtain a copy of the personal data you previously shared with us
Right to non-discrimination for exercising your rights
Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (‘profiling’)

Depending upon the state where you live, you may also have the following rights:

Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California’s and Delaware’s privacy law)
Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Oregon’s privacy law)
Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law)
Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)

How to Exercise Your Rights

To exercise these rights, you can contact us by visiting damieng.com, by emailing us at [email protected], or by referring to the contact details at the bottom of this document.

Under certain US state data protection laws, you can designate an authorised agent to make a request on your behalf. We may deny a request from an authorised agent that does not submit proof that they have been validly authorised to act on your behalf in accordance with applicable laws.

Request Verification

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.

If you submit the request through an authorised agent, we may need to collect additional information to verify your identity before processing your request and the agent will need to provide a written and signed permission from you to submit such request on your behalf.

Appeals

Under certain US state data protection laws, if we decline to take action regarding your request, you may appeal our decision by emailing us at [email protected]. We will inform you of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal is denied, you may submit a complaint to your state attorney general.

California ‘Shine The Light’ Law

California Civil Code Section 1798.83, also known as the ‘Shine The Light’ law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.

We do not disclose any information for direct marketing purposes.

If you are a California resident and would like to make such a request, please submit your request in writing to us by using the contact details provided in How Can You Contact Us About This Notice?

11. Do We Make Updates To This Notice?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated date at the top of this privacy notice. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. How Can You Contact Us About This Notice?

If you have questions or comments about this notice, you may contact our Data Protection Officer (DPO), Damien Guard, by email at [email protected].

13. How Can You Review, Update, Or Delete The Data We Collect From You?

You have the right to request access to the personal information we collect from you, details about how we have processed it, correct inaccuracies, or delete your personal information.

You may also have the right to withdraw your consent to our processing of your personal information. These rights may be limited in some circumstances by applicable law. To request to review, update, or delete your personal information, please visit: [email protected].