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Why do We collect such
Personal information
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 Section 8 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.
#ItsThatEasy
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.
How
we share your Personal Information
We may share your Personal Information with service providers and others
(or otherwise allow them access to it) in the following manners and instances:
#ItsThatEasy
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.
4.1.
Third
Party Service Providers: 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, “Third Party Service Provider(s)”).
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
4.2.
Law
Enforcement, Legal Requests and Duties: 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.
4.3.
Protecting
Rights and Safety: 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.
4.4.
Social
Media Features and Framed Pages: 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.
4.5.
App
Market Developers: As part of our App Market program, we allow third party
developers (“Third Party Developer(s)”) to develop and offer their own
applications via the McDaniel Design App Market (“Third Party App(s)”), in
conjunction with McDaniel Design.
Each Third Party Developer is bound by the McDaniel Design App Market – Partner Program Agreement,
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 McDaniel Design App
Market Terms of Use)
We encourage you to review any privacy policy accompanying a Third Party
App and ask Third Party Developers for any clarifications you may need before
deciding to install and use their Third Party App. McDaniel Design does not
control and is not responsible for the actions or policies of any Third Party
Developers, and your use of any Third Party App is at your own risk.
You
are solely responsible for notifying your Users-of-Users of the collection,
processing and use of their Information and informing them that their
Information will be transferred to and processed by McDaniel Design on your
behalf.
4.6.
McDaniel
Design Subsidiaries and Affiliated Companies: We may share your Personal
Information internally within our family of companies, for the purposes described
in this Privacy Policy. For example, we may share your Personal Information
with McDaniel Design.com Inc., our US-based subsidiary, in the course of
facilitating and providing you (and your Users-of-Users) with our Services.
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 .
4.7.
Connection
With a Change in Corporate Control: 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.
4.8.
Upon Your Further Direction: 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?
5.1.
#ItsThatEasy
We may store and process Personal
Information in the USA, Europe, Israel, or other jurisdictions, whether by
ourselves or with the help of our affiliates and service providers.
McDaniel Design’s data storage
providers are contractually committed to protect and secure your data.
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.
McDaniel
Design.com Ltd. 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.
McDaniel
Design affiliates and Third-Party Service Providers 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.
5.2.
Transfer
of EU Personal data : 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.
Among other things, McDaniel Design
will ensure that there is the adequate level of protection or that
relevant Model Standard Contractual Clauses are in place for the
international transfer of our EU users’ data.
5.3.
Privacy Shield Certification: 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, here.
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: privacy@McDaniel
Design.com. 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 https://feedback-form.truste.com/watchdog/request for
more information or to file a complaint. The services are provided
at no cost to you.
Users-of-users’
Personal Information
McDaniel
Design may collect, store and process certain Personal Information of
Users-of-Users (“Users-of-Users Information”), solely on our Users’ behalf and
at their direction. For example, each of our Users is able to import their
e-mail contacts from third-party services like Gmail, or otherwise collect and
manage contacts via their User Website. Such contacts are then stored with McDaniel
Design, on the User’s behalf.
For
such purposes, McDaniel Design serves and shall be considered as a “Processor”
and not as the “Controller” (as both such capitalized terms are defined in the
European Union General Data Protection Regulation (“GDPR”)) of such
Users-of-Users Information.
The
Users controlling and operating such User Websites shall be considered as the
“Controllers” of such Users-of-Users Information, and are responsible for
complying with all laws and regulations that may apply to the collection and
control of such Users-of-Users Information, including all privacy and data
protection laws of all relevant jurisdictions.
The
Processing of the Users-of-users’ Personal Information shall take place within
the territory of the European Union, Israel or a third country, territory or
one or more specified sectors within that third country of which the European
Commission has decided that it ensures an adequate level of protection and such
processing and transfer will be in accordance to the Data Processing
Agreement – Users (“DPA"). Any transfer to and
Processing in a third country outside the European Union that does not ensure
an adequate level of protection according to the European Commission, shall be
undertaken in accordance with the the Standard Contractual Clauses (2010/87/EU)
set out in Annex 1of the DPA. For the sake of clarity, “Processing” should be
understood as per the definition provided in the DPA.
You
are responsible for the security, integrity and authorized usage of Personal
Information about Users-of-Users’, and for obtaining consents, permissions and
providing any required data subject rights and fair processing notices required
for the collection and usage of such Personal Information.
McDaniel
Design cannot provide legal advice to Users or their Users-of-Users, however we
do recommend that all Users publish and maintain clear and comprehensive
privacy policies on their User Websites in accordance with any applicable laws
and regulations, and that all Users-of-Users carefully read those policies and
make sure that they understand and, to the extent required by applicable law,
consent to them.
For
more information on how Users-of-Users Personal Information may be handled by McDaniel
Design (which may be relevant for any specific notice you provide to and/or
consent you obtain from your Users-of-Users), please see Sections 4, 12 and 13.
If
you are a visitor, user or customer of any of our Users, please read the
following: 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 Section 12 below.
#ItsThatEasy
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.
McDaniel Design has no direct
relationship with any of its users’ users. If you are a user-of-user, please
contact the McDaniel Design site owner directly.
Use
of cookies and other third-party technologies
We and our Third Party Service Providers use cookies and other similar
technologies (“Cookies”) in order for us to provide our Service and
ensure that it performs properly, to analyze our performance and marketing
activities, and to personalize your experience.
You can learn more about how we use cookies and similar technologies and
how you can exercise control over them in our Cookie Policy.
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.
#ItsThatEasy
We and certain third party services may use cookies and similar tracking
technologies throughout our services.
These technologies
are used mostly for stability, security, functionality, performance and
advertising purposes.
Communications from McDaniel Design
We
may use your Personal Information to send you promotional content and messages
by e-mail, text messages, notifications within our platform, marketing calls
and similar forms of communication from McDaniel Design or our partners (acting
on McDaniel Design’s behalf) through such means.
If
you do not wish to receive such promotional messages or calls, you may notify McDaniel
Design at any time or follow the “unsubscribe” or STOP instructions contained
in the promotional communications you receive.
#ItsThatEasy
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
McDaniel
Design agrees that it is imperative that you have control over your Personal
Information. Pursuant to privacy regulations worldwide, McDaniel Design is
taking steps to enable you to request access to, receive a copy of, update,
amend, delete, or limit the use of your Personal Information.
Before
fulfilling your request, we may ask you for additional information in order to
confirm your identity and for security purposes. We reserve the right to charge
a fee where permitted by law (e.g. if your request is unfounded or excessive).
You
have the right to file a complaint with your local supervisory authority for
data protection (but we still recommend that you contact us first).
If
you are a McDaniel Design User, and you wish to receive a copy, access and/or
request us to make corrections to the Personal Information that you have stored
with us (either yours or your Users-of-Users’), or wish to request a list of
what Personal Information (if any) pertaining to you we disclosed to third
parties for direct marketing purposes, please follow the instructions provided
in these Help Center articles: “Retrieving Your McDaniel Design Account Data”
Please
note that permanently deleting your McDaniel Design account erases all of your
Personal Information from McDaniel Design's databases. After completing this
process, you can no longer use any of your McDaniel Design Services, your
account and all its data will be removed permanently, and McDaniel Design will
not be able to restore your account or retrieve your data in the future. If you
contact our support channels in the future, the system will not recognize your
account and support agents will not be able to locate the deleted account.
#ItsThatEasy
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.
Additional
Information for California residents
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.
McDaniel
Design does not sell user Personal Information to third parties for the intents
and purposes of the CCPA.
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. McDaniel Design does not and will not sell your customers’
(User-of-User) Personal Information.
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
#ItsThatEasy
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
If you have any questions or concerns about our collection, use or
disclosure of Personal Information, or if you believe that we have not complied
with this Privacy Policy or applicable data protection laws, please contact us
– our details are set out at the end of this Privacy Policy.
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.
#ItsThatEasy
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.
Data Retention
We
may retain your Personal Information (as well as your Users-of-Users’ Personal
Information) for as long as your User Account is active, as indicated in this
Privacy Policy, or as otherwise needed to provide you with our Services.
We
may continue to retain your Personal Information after you deactivate your User
Account and/or cease to use any particular Services, as reasonably necessary to
comply with our legal obligations, to resolve disputes regarding our Users or
their Users-of-Users, prevent fraud and abuse, enforce our agreements and/or
protect our legitimate interests.
We
maintain a data retention policy which we apply to Personal Information in our
care.
#ItsThatEasy
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).
Security
McDaniel
Design has implemented security measures designed to protect the Personal
Information you share with us, including physical, electronic and procedural
measures. Among other things, we offer HTTPS secure access to most areas on our
Services; the transmission of sensitive payment information (such as a credit
card number) through our designated purchase forms is protected by an industry
standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS
(Payment Card Industry Data Security Standards) certification. We also
regularly monitor our systems for possible vulnerabilities and attacks, and
regularly seek new ways and Third Party Services for further enhancing the
security of our Services and protection of our Visitors’ and Users’ privacy.
Regardless
of the measures and efforts taken by McDaniel Design, we cannot and do not
guarantee the absolute protection and security of your Personal Information,
your Users-of-Users’ Personal Information or any other information you upload,
publish or otherwise share with McDaniel Design or anyone else. We encourage
you to set strong passwords for your User Account and User Website, and avoid
providing us or anyone with any sensitive Personal Information of which you
believe its disclosure could cause you substantial or irreparable harm.
Furthermore,
because certain areas on our Services are less secure than others (for example,
if you set your Support forum ticket to be “Public” instead of “Private”, or if
you browse to a non-SSL page), and since e-mail and instant messaging are not
recognized as secure forms of communications, we request and encourage you not
to share any Personal Information on any of these areas or via any of these
methods.
If
you have any questions regarding the security of our Services, you are welcome
to contact us at privacy@McDaniel
Design.com.
#ItsThatEasy
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.
Third-Party Websites
Our Services may contain links to other websites or services. We are not
responsible for such websites’ or services’ privacy practices. We encourage you
to be aware when you leave our Services and to read the privacy statements of
each and every website and service you visit before providing your Personal
Information. This Privacy Policy does not apply to such linked third party
websites and services.
#ItsThatEasy
Our Services may
contain links to other websites or services.
McDaniel Design Jobs Applications
McDaniel
Design welcomes all qualified Applicants to apply to any of the open positions
published at https://www.McDaniel
Design.com/jobs, by sending us their contact details and CV
(“Applicants Information”) via the relevant Position Application Form on our
Website, or through any other means provided by us.
We
understand that privacy and discreetness are crucial to our Applicants, and are
committed to keep Applicants Personal Information private and use it
solely for McDaniel Design’s internal recruitment purposes (including for
identifying Applicants, evaluating their applications, making hiring and
employment decisions, and contacting Applicants by phone or in writing).
If
you previously submitted your Applicants Personal Information to McDaniel
Design, and now wish to access it, update it or have it deleted from McDaniel
Design’s systems, please contact us at jobs@McDaniel Design.com.
#ItsThatEasy
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
Our
Services offer publicly accessible blogs, communities and support forums.
Please be aware that any Personal Information you provide in any such areas may
be read, collected, and used by others who access them. To request removal of
your Personal Information from our blogs, communities or forums, feel free to
contact us at: privacy@McDaniel
Design.com. In some cases, we may not be able to remove your
Personal Information from such areas. For example, if you use a third party
application to post a comment (e.g., the Facebook social plugin application)
while logged in to your related profile with such third party, you must login
into such application or contact its provider if you want to remove the
Personal Information you posted on that platform.
In
any event, we advise against posting any Personal Information (via any means)
you don’t wish to publicize.
If
you upload any user content to your User Account or post it on your User Website
and provide it in any other way as part of the use of any Service, you do so at
your own risk.
We
have put adequate security measures in place to protect your Personal
Information. However, we cannot control the actions of other Users or
members of the public who may access your User Content, and are not responsible
for the circumvention of any privacy settings or security measures you or we
may have placed on your User Website (including, for instance,
password-protected areas on your User Website). You understand and acknowledge
that, even after its removal by you or us, copies of User Content may remain
viewable in cached and archived pages or if any third parties (including any of
your Users-of-Users) have copied or stored such User Content. To clarify,
we advise against uploading or posting any information you do not wish to be
public.
#ItsThatEasy
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.
Updates
and interpretation
We
may update this Privacy Policy as required by applicable law, and to reflect
changes to our Personal Information collection, usage and storage practices. If
we make any changes that we deem as “material” (in our sole good faith
discretion), we will notify you (using one of the notification methods set
forth in Section 15.3 of the Terms of Use)
prior to the change becoming effective. In relation to any updated Privacy
Policy, we will, as required by applicable law, notify you, seek your consent
and/or take any other measures. We encourage you to periodically review this
page for the latest Information on our privacy practices. Unless stated
otherwise, our most current Privacy Policy applies to all information that we
have about you and your Users-of-Users, with respect to our Website, McDaniel
Design Apps, Mobile Apps and other Services.
Any
heading, caption or section title contained herein, and any explanation or
summary under the right “#ItsThatEasy” column, is provided only for
convenience, and in no way defines or explains any section or provision hereof,
or legally binds any of us in any way.
This Privacy Policy was written in
English, and may be translated into other languages for your convenience. You
may access and view other language versions by changing your McDaniel Design
Website language settings. If a translated (non-English) version of this
Privacy Policy conflicts in any way with its English version, the provisions of
the English version shall prevail.
