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
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
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
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
11. To comply with any applicable laws and regulations.
We use your Personal Information for the purposes set out in Section 3
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
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
: As part of our App Market program, we allow third party
Each Third Party Developer is bound by the
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.
: We may share your Personal
Information internally within our family of companies, for the purposes described
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 .
: 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
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
: 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
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
: 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
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
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.
how you can exercise control over them in our
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.
technologies throughout our services.
are used mostly for stability, security, functionality, performance and
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
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
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 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
websites and services.
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
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.