Privacy Policy

 Click here to download a PDF version of this policy.

Last Updated on 6/3/25

Creative West (formerly Western States Arts Federation d/b/a WESTAF), a Colorado nonprofit corporation and its subsidiaries and affiliates (“CW”)  and ZAPP® Software LLC, a Colorado limited liability company, and its subsidiaries and affiliates (“ZAPP®” collectively with CW “Creative West,” “we,” or “our”) are committed to protecting your privacy. This policy applies only to the collection, use, and protection of personally identifiable information by Creative West.

This privacy policy addresses our online information practices and the choices you (whether as a client or applicant) can make about how your information is used. This policy applies to your use of Creative West’s web-based services that our clients use to collect and process applications for entry into calls, shows, and festivals or for grants and other events and programs sponsored by Creative West’s clients and that client applicants use to upload their artwork and relevant data (“Services”). 

We collect, use, and are responsible for certain personal information about you. When we offer goods and services to individuals in the European Economic Area (EEA), we are subject to the EU General Data Protection Regulation (EU GDPR), which applies across the entire European Union. For California consumers, we are subject to the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). We are responsible as a “controller” of that personal information for the purposes of the GDPR. We are responsible for your personal information as a “business” under the CCPA/CPRA.

We take your privacy very seriously. Please read this privacy policy carefully, as it contains important information on who we are and our information practices. By accessing our Services, you consent to this policy and accept the practices and policies described in this statement. If you have any questions, email us at privacy@wearecreativewest.org.

• Information We Collect and Receive
• Use of Personal Information
• Disclosure of Personal Information
• Protecting Your information
• Cookies
• Access to Personal Information
• Effect of Cvreative West’s General and Specific Terms of Use
• Business Transitions
• Childrens Online Privacy Protection Act Compliance
• Exercise Data Protection Rights
• Data Retention
• Changes to Our Privacy Policy
• Contact Information

We collect the following:

• Information you provide to us (such as name, street address, email address, and/or telephone number) when you register on our sites or fill out a form and when you visit our web pages or the pages of our clients.
• Information Creative West automatically receives and records when you interact with our sites (e.g., IP address; browser type, version, and time zone setting; browser plug-in types and versions; operating system and platform; software and hardware attributes; and cookie information)
• When completing financial transactions online, we will ask for your credit card number, expiration date, limited billing information (such as ZIP code), and banking and routing information, when applicable. 
  • Applicant payment data is handled and stored by Braintree. You may find their privacy notice link here: https://www.braintreepayments.com/legal/braintree-privacy-policy. 
  • Client payment data is handled and stored by PayPal. You may find their privacy policy here: https://www.paypal.com/us/legalhub/paypal/privacy-full
• Collection of Information by Creative West Clients
  Personally identifiable information may be collected by Creative West’s clients (shows, agencies, organizations, and other institutions). Clients will have access to personally identifiable information that will be used for the purpose for which it was collected (e.g., evaluating applications or reviewing reports). Each client is responsible for its own privacy policy. Please contact the individual institution for information on its privacy policy and information use.

Under data protection laws, we can only use your personal information if we have a proper reason for doing so. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. For example, Creative West may use the information we collect from you to:

1. Provide you with convenient access to our Services;
2. Personalize your experience on our sites and enhance your interaction with us;
3. Improve our Services and provide you with features specific to your needs;
4. Improve customer service and more effectively respond to support needs;
5. Send you communications about our Services, such as system announcements, administrative messages, and changes in our terms and conditions; 
6. Send you general Creative West communications such as news, announcements, and opportunities.
7. To fulfill and manage your orders, payments, returns, and exchanges made through the Services; or
8. Where you have given consent.

Your consent to share your personally identifiable information and any other information you post on a Creative West website is granted as follows: (1) when you register for a specific Online Application System, you consent to sharing your User Profile with the Client hosting the opportunity to which you apply through that system; (2) when you register for or use a Creative West website that has as one of its primary purposes the sharing of User Profile and other user provided information with others; (3) when you complete or edit your User Profile and opt-in to your personally identifiable information being shared as provided for in the terms of your opt-in election; (4) when you post information on any public or non-password protected portion of any Creative West website; and (5) any other means by which you expressly grant such consent.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third-party providers who perform services on our behalf or assist us in operating our Services, conducting our business, or servicing you. We only allow our third-party providers to handle your personal information if we are satisfied that they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensuring they can only use your personal information to provide services to us and to you. These providers are not permitted to use your personally identifiable information except for the purpose of providing the services we request of them.

We reserve the right to disclose your personal information as required by law and when we reasonably believe that disclosure is necessary to protect ours or others’ rights, property, or safety.

Creative West implements a variety of industry-standard security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your personal information. We support all three areas of data security: physical security, operational security, and system security, to ensure maximum protection of our client data. We host our systems on a highly secure, multi-tier architecture, which is deployed on a hybrid, clustered hardware and cloud environment. The system contains intrusion detection services, utilizing both proactive and reactive network security to ensure the latest in regulatory compliance, including PCI. Dual hardware firewalls and intrusion detection systems provide the latest security services for the network. The system uses SSL encryption to secure all account access to all services and is continually monitored for optimal availability, reliability, and integrity. Adherence to these measures and standards does not assure that personally identifiable information we collect and/or store will be kept secure under all circumstances at all times.

Creative West may use “cookies.” Cookies are text files placed on your browser to store your preferences. Cookies do not reveal your personal identifiable information unless you choose to provide this information to us by registering with one of our sites. We use cookies to understand site usage and to improve our sites. For example, we may use cookies to personalize your experience on our web pages (e.g., to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our sites.

If Creative West allows third parties to show advertisements on the pages of its sites (“advertisers”), then Creative West may allow those advertisers to set and access their cookies on your computer. Any advertiser’s use of cookies is subject to their own privacy policies, not this one. Advertisers and other third parties do not have access to Creative West’s cookies.

We also use Google Analytics cookies to collect information about how visitors use our website. We use the information to compile reports and to help us improve the Services. To opt out of Google Analytics Advertising features, visit https://tools.google.com/dlpage/gaoptout. You can opt out of Google Analytics Advertising Features through Ads Settings and Add Settings for mobile apps. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page. 

To learn more about our usage of cookies, or how you can remove cookies, please visit our cookie policy page.

Creative West can provide you with access to your personal information. You have access to the information we have about you. You can edit your Creative West User Profile at any time. You can also contact Creative West if you wish to deactivate your User Profile.

This policy describes Creative West’s intended use, sharing and protection of personally identifiable information. Nothing in this policy is a warranty against unintentional disclosure or piracy of any information nor a warranty that Creative West will accurately store, retrieve, and/or transmit any information. Creative West’s responsibilities and liabilities under this policy are subject to either [the applicable Software as a Service Agreement, which supersedes anything to the contrary in this policy/ Creative West’s General Terms of Use applicable to Creative West’s Services and web applications, which supersede anything to the contrary in this policy. Please review our Terms of Service, which provide the legal terms governing the use of Creative West and ZAPP® Software.

In the event that Creative West goes through a business transition, such as a merger, acquisition, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred. Creative West will notify you via email of any such change in ownership or control of your personal information.

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). Our website, products, and Services are all directed to people at least 13 years or older. We do not collect any information from anyone under 13 years of age. To ensure the protection of the privacy of children, and to comply with COPPA regulations, any applicant under the age of 13 must obtain consent to use this website by a parent or legal guardian. Such consent will be evidenced by providing the contact information of the parent or legal guardian, who will receive notification of the child’s request to register on a Creative West website. Applicants will have to provide proof of consent by a parent or guardian.

To exercise your rights, you can contact us by emailing us at privacy@wearecreativewest.org or by referring to the contact details at the bottom of this document. We will honor your opt-out preferences if you enact the Global Privacy Control (GPC) opt-out signal in your browser. 

We will retain your data for as long as you continue to have an account with us and as otherwise necessary to comply with our legal obligations.

If you are a user or client of our Services, you can request that your data be deleted. Please note that should you delete your account, our Services will not function for you. You may send any requests for deletion to privacy@wearecreativewest.org.

We may update this policy from time to time to reflect changes in our information handling and privacy practices and/or changes in applicable law. The “Last Updated” date at the top of this page indicates when this Privacy Policy was last revised. If we make changes, we will revise the date at the top of this policy and, in the case of material changes, we will provide you with additional notice if required by applicable law. Unless otherwise stated, the current version of this Privacy Policy applies to all Digital Properties and all personal information under our control. We encourage you to review this Privacy Policy periodically to remain informed about our information handling and privacy practices. By visiting or using our Digital Properties, you agree that any changes to this Privacy Policy shall apply to any personal information we may maintain about you, whether collected before or after such changes.

EEA Data Subjects

Your Rights Under the EU GDPR

For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the EU General Data Protection Regulation.

Where your Personal Information is Held

Information may be held at our offices, third-party agencies, service providers, representatives, and agents as described above. Some of these third parties may be based outside the EEA. For more information, including how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA.”

Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the EEA, e.g.,:

• With our offices outside the EEA
• With your and our service providers located outside the EEA
• If you are based outside the EEA –or–
• Where there is an international dimension to the services we are providing to you

These transfers are subject to special rules under European and UK data protection law.

Non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal information will be secure. If you would like further information, please contact: privacy@wearecreativewest.org.

California Consumer Privacy Act (CCPA)

Applicability

These rules apply only to California residents (“California Consumers”) and add to our general privacy practices.

Definitions

1. “Personal Information” means information that identifies or could be linked to a California Consumer or household.
2. “Sale” means sharing a California Consumer’s Personal Information with another business for money or other benefits.

Categories Of Personal Information Collected

We collect the following types of Personal Information about California Consumers:

1. Identifiers (e.g., name, email, phone number)
2. Financial information (e.g., bank account numbers, credit card numbers)
3. Commercial information (e.g., transaction history)
4. Characteristics (e.g., optional demographic indicators, such as race, ethnicity, gender)
5. Internet activity information
6. Employment-related information
7. Inferences

California Consumer Rights

• Right to Know. California Consumers can ask us to tell them what Personal Information we have collected and how we use it.
• Right to Delete. California Consumers can ask us to delete their Personal Information, with some exceptions.
• Right to Opt-Out. California Consumers can opt-out of the sale of their Personal Information. (We do not sell Personal Information.)
• Right to Non-Discrimination. We will not treat California Consumers unfairly for using their CCPA rights.
• Exercising California Consumer Rights.
  1. To use CCPA rights, California Consumers can email us at privacy@wearecreativewest.org
  2. Only the California Consumer or someone authorized by them can make a request about their Personal Information.
  3. We may need more information to verify the identity of the California Consumer or their authorized agent before responding.
• Requests. We will confirm we received a request within 10 business days and explain how we will handle it. We will respond to a request within 45 calendar days. If we need more time, we will let the California Consumer know and explain why.
• Revisions. We can change these CCPA provisions at any time. When we do, we will post the updated provisions on our website and update the effective date. 

If you have any questions regarding this statement or would like more information on our privacy practices, please contact us at privacy@wearecreativewest.org.

Creative West
Attn: Data Protection Officer / Privacy
1536 Wynkoop St.
Suite 522
Denver, CO 80202
USA
Phone: 303-629-1166
Email: privacy@wearecreativewest.org