We use your Personal Information for the following purposes:
1. To provide and operate the Services;
2. .To further develop, customize, expand, and improve our Services, based on Users’ common or personal preferences, experiences and difficulties;
3. To provide our Users with ongoing customer assistance and technical support;
4. To be able to contact our Users with general or personalized service-related notices and promotional messages (as further detailed in below);
5. To help us to update, expand and analyze our records to identify new customers;
6. To facilitate, sponsor, and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners, and grant prizes and benefits;
7. To analyze our performance and marketing activities;
8. To create aggregated statistical data and other aggregated and/or inferred information, which we or our business partners may use to provide and improve our respective services;
9. To provide you with professional assistance , only upon your request;
10. To enhance our data security and fraud prevention capabilities; and
11. To comply with any applicable laws and regulations.
We use your Personal Information for the purposes set out in Section 3 where:
1. Our use of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (e.g. to provide you with a website builder, to provide you with our customer assistance and technical support);
2. Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we have; or
3. Our use of your Personal Information is necessary to support legitimate interests and business purposes (for example, to maintain and improve our Services and the effectiveness of McDaniel Design by identifying technical issues), provided it is conducted in a way that is proportionate and that respects your privacy rights.
We use the Personal Information we collect about you to provide our services and make them better and safer.
We also collect and use Personal Information in order to contact Users and to comply with the laws applicable to us.
We may share your Personal Information with service providers and others (or otherwise allow them access to it) in the following manners and instances:
We may share the Personal Information of our Users and Users-of-Users with various third parties, including certain service providers and law enforcement officials.
The Personal Information may be shared solely in accordance with this policy.
: McDaniel Design has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimization and marketing services, content providers, and our legal and financial advisors (collectively, “”).
McDaniel Design may share the following categories of Personal Information with Third Party Service Providers for a business purpose:
· identifiers, including name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers
· commercial information, for example information regarding products or services purchased, obtained, or considered
: McDaniel Design may disclose or otherwise allow access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
: McDaniel Design may share your Personal Information if we believe in good faith that this will help protect the rights, property or personal safety of McDaniel Design, any of our Users, any Users-of-Users, or any member of the general public, with or without notice to you.
: Our Services include certain Social Media features, widgets, and single sign on features, such as the “Facebook Connect,” “Google Sign-in,” “Facebook Like”, or “Share this” button or other interactive mini-programs (“Social Media Features”). These Social Media Features may collect certain Personal Information such as your IP address or which page you are visiting on our Website and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties’ Social Media Features are governed by their policies and not ours.
In addition, our Services may enable you to share your Personal Information with third parties directly, such as via page framing techniques to serve content to or from Third-Party Service Providers or other parties, while preserving the look and feel of our Website and Services (“Frames”). Please be aware that if you choose to interact or share any Personal Information via such Frames, you are in fact providing it to these third parties and not to us, and such interactions and sharing are governed by those third parties’ policies and not ours.
: As part of our App Market program, we allow third party developers (“”) to develop and offer their own applications via the McDaniel Design App Market (“ ”), in conjunction with McDaniel Design.
Each Third Party Developer is bound by the , which among others, contains restrictions on how they may access, store, share, and use the Personal Information you and/or your Users-of-Users provide them or us (as further detailed in the )
Sharing Personal Information from McDaniel Design subsidiaries and affiliated companies in the European Union and Switzerland to McDaniel Design’s United States subsidiary will be only when the relevant Model Standard Contractual Clauses are in place .
: In addition, should McDaniel Design or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event.
: McDaniel Design may also share your Personal Information with third parties for other purposes upon your further direction or with your explicit approval.
Where do we store your Personal Information?
Users’ and Users-of-Users’ Personal Information may be stored in data centers located in the United States of America, Ireland, Japan and Israel. We may use other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law.
is based in Israel, which is considered by the European Commission to be offering an adequate level of protection for the Personal Information of EU Member State residents.
that store or process your Personal Information on McDaniel Design’s behalf are contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
: If you are located in Europe, when we will transfer your Personal Information to the United States or anywhere outside Europe, we will make sure that (i) there is a level of protection deemed adequate by the European Commission or (ii) that the relevant Model Standard Contractual Clauses are in place.
McDaniel Design and its affiliates, including DeviantArt Inc., participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List, .
In compliance with the Privacy Shield Principles, McDaniel Design.com commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at: . For the avoidance of doubt, McDaniel Design does not rely on the Privacy Shield as a mechanism for transferring GDPR protected personal data.
McDaniel Design.com has further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider at for more information or to file a complaint. The services are provided at no cost to you.
: McDaniel Design has no direct relationship with Users-of-Users whose Personal Information it processes. If you are a visitor, user or customer of any of our Users, and would like to make any requests or queries regarding your Personal Information, please contact such User(s) directly. For example, if you wish to request to access, correct, amend, or delete inaccurate Personal Information processed by McDaniel Design on behalf of its Users, please direct your query to the relevant User (who is the “Controller” of such data). If McDaniel Design is requested by our Users to remove any Users-of-Users’ Personal Information, we will respond to such requests in a timely manner upon verification and in accordance with applicable law (for example, thirty (30) days under the GDPR). Unless otherwise instructed by our User, we will retain their Users-of-Users’ Personal Information for the period set forth in below.
McDaniel Design may collect and process Personal Information regarding the users of our users.
We do this solely on our users’ behalf, and at their direction.
Our users are solely responsible for their users-of-users information, including for its legality, security and integrity.
Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
These technologies are used mostly for stability, security, functionality, performance and advertising purposes.
Communications from McDaniel Design
We may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us or unsubscribing.
We may also contact you with service and billing-related messages and content. You will not be able to opt-out of receiving such messages.
8.1. Promotional Messages
McDaniel Design may also contact you with important information regarding our Services, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you reminders or warnings regarding upcoming or late payments for your current or upcoming subscriptions; forward abuse complaints regarding your User Website; or notify you of material changes in our Services.
It is important that you are always able to receive such messages. For this reason, you are not be able to opt-out of receiving such Service and Billing Messages unless you are no longer a McDaniel Design User (which can be done by deactivating your account).
8.2. Service and Billing Messages
Your rights in relation to your Personal Information
You may request to access, receive a copy of, update, amend, delete, or limit the use of your Personal Information you have stored with us. Just send us an e-mail or fill out our dedicated GDPR form. You may also correct and/or update your Personal Information through your account or website settings.
You can delete your Personal Information by deleting your entire account. We will respond to your requests within a reasonable timeframe.
If you are a California resident using the Services, the California Consumer Privacy Act (“CCPA”) may provide you the right to request access to and deletion of your Personal Information.
In order to exercise the right to request access to and deletion of your Personal Information, please see the information on the section 9, above. We do not discriminate based on the exercise of any privacy rights that you might have under this Section.
As informed in section 6 above, McDaniel Design may collect, store and process certain Personal Information of Users-of-Users, solely on our Users’ behalf and at their direction. For such purposes, McDaniel Design serves and shall be considered as a “Service Provider” and not as the “Business” (as both such capitalized terms are defined in the CCPA.
Users of the Services who are California residents and under 18 years of age may request and obtain removal of content they posted by emailing us at . All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content you want removed and information reasonably sufficient to permit us to locate that content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Please note that your request does not ensure complete or comprehensive removal of the material. For example, materials that you have posted may be republished or reposted by another user or third party
California residents may exercise their right to access and delete their Personal Information. To make a request, (i) visit our webform, (ii) send us an email;
Questions and Complaints
Our Data Protection Officer team will investigate the complaint and determine whether a breach has occurred and what action, if any, to take. We take every privacy complaint seriously and will make all reasonable efforts to resolve your complaint promptly and in accordance with applicable law.
You can file a complaint with your local supervisory authority for data protection at any time, however we recommend that you contact us first so we can try to resolve it.
You can file a complaint with your local supervisory authority for data protection at any time. Please contact us first so we can try to resolve your concerns.
We may keep your Personal Information for as long as your account is active, and longer as needed (for example, if we are legally obligated to keep it longer, or need it to protect our interests).
McDaniel Design values the security of our customers' Personal Information and we do everything in our power to protect it.
However, as we can’t guarantee absolute protection – we encourage you to be careful, set a strong password for your account, and avoid submitting any sensitive information which, if exposed, could cause you major harm.
Our Services may contain links to other websites or services.
We welcome all qualified job seekers to apply to any of our open positions, by sending us their contact details and CV.
We will use such Personal Information solely for our internal recruitment, employment and business purposes.
Public forums and user content
Avoid posting any Personal Information to any of the public areas on our Services, or to your own website, if you don’t want it to become publicly available.