Texas Data Privacy & Security Act Notice (TDPSA)
This page explains how Digital Meshworks addresses the Texas Data Privacy and Security Act (HB 4), including consumer rights, controller duties, and how to exercise requests under Texas law.
Your Responsibilities
As a user of our services, you play a crucial role. Understand your responsibilities clearly to make the most of what we offer. This knowledge helps you navigate the process smoothly and enhances the effectiveness of our partnership.
Scope and who is covered:
The TDPSA applies to entities that conduct business in Texas or provide products or services consumed by Texas residents and that process or sell personal data, with exemptions and special treatment for small businesses.
“Consumer” means a Texas resident acting in an individual or household context, and consumer rights do not extend to individuals acting in commercial or employment contexts.
This notice supplements our Privacy Policy and is intended to meet the TDPSA privacy notice and consumer-rights disclosure requirements.
Your rights under Texas law
Texas residents have the right to submit authenticated requests at any time for the following, and we will honor those rights as required:
- Confirm whether we process your personal data and access that data.
- Correct inaccuracies in your personal data considering the nature and purposes of processing.
- Delete personal data provided by or obtained about you.
- Obtain a portable copy of personal data you previously provided, when available in digital format.
- Opt out of processing for targeted advertising, the sale of personal data, or profiling producing legal or similarly significant effects.
How to submit a request, our response time, and appeals
We provide secure and reliable methods to submit requests, including at least two online channels that align with how you normally interact with us.
We respond without undue delay and within 45 days; where reasonably necessary, we may extend once by an additional 45 days and will inform you within the initial 45‑day period.
If we decline a request, we will explain why within 45 days and provide instructions for appeal.
Our appeal process is conspicuously available and similar to the initial request process, and appeal decisions are issued within 60 days with a written explanation.
Authorized agents, browser signals, and global opt‑out
You may authorize an agent to submit opt‑out requests on your behalf, including via technologies such as website links, browser settings or extensions, or device‑level global signals, subject to verification.
We will not rely on default settings for such signals, and they must reflect an affirmative, freely given, and unambiguous choice to opt out.
Our privacy notice contents (what we disclose)
To meet TDPSA Section 541.102, our Privacy Policy includes or links to the following:
- The categories of personal data we process, including any sensitive data if applicable.
- The purposes for processing personal data.
- How to exercise your TDPSA rights and how to appeal a decision.
- The categories of personal data we share with third parties, if applicable.
- The categories of third parties with whom we share personal data, if applicable.
- The methods you can use to submit requests to exercise your TDPSA rights.
Sale, targeted advertising, and required notices
If we sell personal data or process personal data for targeted advertising, we will clearly and conspicuously disclose that processing and how you may opt out.
If we ever sell sensitive personal data or biometric data, we will post the specific TDPSA notices in the same place and manner as our privacy notice (“NOTICE: We may sell your sensitive personal data.” / “NOTICE: We may sell your biometric personal data.”).
If we are a small business, we will not sell sensitive personal data without prior consent as required by Section 541.107.
Controller duties: data minimization and security
We limit collection to what is adequate, relevant, and reasonably necessary for disclosed purposes, and do not process for incompatible purposes without consent.
We implement reasonable administrative, technical, and physical safeguards appropriate to the volume and nature of the data processed to protect confidentiality, integrity, and accessibility.
We do not discriminate against consumers for exercising TDPSA rights, consistent with Section 541.101(b)(3).
Processors and contracts
When we engage processors, we provide instructions and require contracts that define nature/purpose, type, duration, rights and obligations, confidentiality, return/deletion, audit cooperation, and subcontractor flow‑downs as set out in Section 541.104.
Data protection assessments
Where applicable, we conduct and document assessments for processing activities involving targeted advertising, the sale of personal data, profiling presenting reasonably foreseeable risks, processing of sensitive data, and other heightened‑risk activities.
Assessments balance direct and indirect benefits against potential risks, considering deidentification, reasonable expectations, processing context, and the controller‑consumer relationship.
Deidentified and pseudonymous data
We take reasonable measures so deidentified data cannot be associated with an individual, publicly commit not to reidentify it, and require recipients to comply with TDPSA obligations.
The TDPSA recognizes scenarios where consumer rights and controller duties do not apply to certain pseudonymous or deidentified data if strict conditions are met.
How to contact the Texas Attorney General
If your appeal is denied, the TDPSA directs controllers to provide an online mechanism through which you may contact the Office of the Attorney General to submit a complaint.
The Attorney General’s site provides information about controller and processor responsibilities and consumer rights, and hosts the complaint mechanism.
Enforcement and cure period
The Attorney General has exclusive enforcement authority, may issue civil investigative demands, and provides a 30‑day opportunity to cure alleged violations before bringing an action.
After the cure period, civil penalties can reach up to $7,500 per violation, and injunctive relief and fees may be sought.
How to exercise your rights with Digital Meshworks
Submit a request using the methods listed on our Privacy page or contact our inbox; we will verify your identity and respond within TDPSA timelines.
If you disagree with our response, use the appeal instructions included in our reply and on our Privacy page, and we will issue a written decision within 60 days.
Effective date and updates
The TDPSA took effect July 1, 2024, and we will update this page and our Privacy Policy to reflect operational or legal changes with conspicuous notice where material.
Digital Marketing Services
Service Performance and Results
Digital Meshworks uses proven SEO strategies and industry best practices to improve online visibility for service businesses. However, we cannot guarantee specific search engine rankings, website traffic volumes, or customer inquiry rates due to constantly changing search algorithms, competitive market conditions, and factors beyond our control.
Search engines regularly update their algorithms, which can affect website performance regardless of optimization efforts. Digital Meshworks commits to adapting strategies based on these changes and industry developments.
Marketing results depend on multiple factors including market demand, seasonal fluctuations, economic conditions, and business responsiveness to customer inquiries. Digital Meshworks provides professional marketing services but cannot guarantee specific business outcomes or sales results.
Service Scope and Client Responsibilities
Professional Marketing Services
Digital Meshworks provides SEO optimization, Google Business Profile management, website development, and online marketing consulting as outlined in individual service agreements. Our services focus on improving online presence and visibility for service-based businesses.
Services Requiring Separate Agreements
Advanced social media advertising, pay-per-click campaign management, and custom content creation services require separate agreements and pricing structures beyond standard SEO and website optimization packages.
Digital Meshworks does not provide business operations consulting, sales training, or customer service management as part of standard marketing services. Clients remain responsible for customer interactions, service delivery, and all business operations.
Payment Terms
Accepted Payment Methods
Digital Meshworks processes all payments securely through Stripe and PayPal Business accounts. These platforms provide transaction protection and detailed payment records for both parties.
Service deposits and monthly fees are outlined in individual service agreements. Deposits are due prior to service initiation, with ongoing fees processed according to agreed payment schedules.
Account Management
Late payments may result in service interruption until accounts are brought current. Extended payment delays may result in service termination according to the terms outlined in individual service agreements.
Liability and Limitation of Damages
Professional Service Limitations
Digital Meshworks’ total liability for any claims related to our services shall not exceed the total amount paid by the client in the twelve months preceding any claim. We are not liable for indirect, consequential, special, or punitive damages arising from our marketing services.
Force Majeure and External Factors
Digital Meshworks is not responsible for service interruptions caused by search engine algorithm changes, platform policy modifications, or other factors beyond our reasonable control. We will make reasonable efforts to adapt to such changes and communicate impacts to clients.
Intellectual Property
Content and Branding Rights
Clients retain ownership of their original business content, branding materials, logos, and proprietary information provided to Digital Meshworks. Digital Meshworks retains ownership of proprietary marketing methods, website frameworks, and optimization strategies developed for client campaigns.
Any content created collaboratively becomes the property of the client upon full payment of associated services, while Digital Meshworks maintains the right to use general methodologies and approaches for other client projects.
Dispute Resolution
Professional Resolution Process
Any disputes arising from our services will be resolved through binding arbitration in Texas, reducing resolution time and legal costs for both parties. This process ensures efficient resolution while maintaining professional relationships.
Need help? Reach out to us today!
If you have any questions or need assistance, we’re here to help. Our team is dedicated to providing you with the support you need. Don’t hesitate to get in touch for more information.