Last revised on: 24th of January 2017
EU-U.S. Privacy Shield
99designs, Inc. (our U.S Affiliate) participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. 99designs, Inc. is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.
99designs, Inc. is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. 99designs, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, 99designs, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, 99designs, Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
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 (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
U.S. - Swiss Safe Harbor Framework
99designs, Inc. complies with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from Switzerland. 99designs, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view 99designs, Inc.’s certification, please visit https://safeharbor.export.gov/swisslist.aspx.
1. User Consent.
2. Visitors under the age of 13.
Our Service is not offered to persons under the age of 13. Thus, we do not intentionally gather Personal Information from visitors who are under the age of 13.
3. Types of Data We Collect
“Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Information; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Information and Anonymous Data, only as described below.
a. Information You Provide to Us.
- We may collect Personal Information from you, such as your name, e-mail and mailing addresses, phone number, and password when you create an account with us (“Account”).
- If you are a Designer, we may require that you provide your tax information (e.g., social security number).
- When you make a purchase, we (or our third party service provider) will collect all information necessary to complete the transaction, including your name, credit card information, debit card information, billing information and/or PayPal information.
- We retain information on your behalf, such as Design Briefs, Design Contests, Design Concepts, Design Templates, Invoice Service invoices, transactional history, messages and any other information that you store using your Account.
- If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
- When you participate in one of our surveys, we may collect additional profile information.
- When you post messages on our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
- We may also collect Personal Information at other points in our Site that state that Personal Information is being collected.
b. Tracking Technologies / Cookies.
- To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you automatically and store it in log files. The information may include your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, internet service provider (ISP), referring/exit pages, clickstream data and/or a date/time stamp for your visit. We may link this automatically-collected data to Personal Information for the purposes of security and to detect fraudulent activity.
c. Google Analytics.
We currently use Google Analytics as well as Google Analytics for Display Advertising. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Website owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Please see the following links for more information about Google Analytics: http://www.google.com/analytics/, http://www.google.com/privacy.html and http://www.google.com/analytics/tos.html. You can also opt-out of Google Analytics for Display Advertising by going to the Google Ads Preferences Manager.
We currently use ThreatMetrix for fraud detection. ThreatMetrix may use both text-based persistent cookies and “flash”-based cookies. These cookies are assigned to your device, associated with the non-personally identifiable information ThreatMetrix collects from your device and may be accessed by ThreatMetrix customers other than 99designs. Please see the following link for more information about ThreatMetrix: http://threatmetrix.com/privacy-policy/
4. Use of Your Personal Information
a. General Use.
In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways: - to facilitate the creation of and secure your Account; - identify you as a user in our system; - improve our Site and Services; - for our internal research and development; - customize content to match your preferences; - prevent suspended users from re-registering; - provide the Services you request; - send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created; - send you administrative e-mail notifications, such as security or support and maintenance advisories; - respond to your inquiries and requests; - to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and - to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of 99designs.
b. Creation of Anonymous Data.
We may create Anonymous Data records from Personal Information by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. 99designs reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
5. Disclosure of Your Personal Information.
a. Profile Information.
The profile you create on our Site will be publically accessible unless otherwise indicated. You may delete your profile by requesting to delete your account by contacting us via phone or by email at firstname.lastname@example.org. The information collected during the registration process by 99designs may be used by 99designs to: contact members, customize content to match your preferences, display member status, and display the date of a member’s last visit. If you believe that an unauthorized profile has been created about you, please contact us email@example.com to request removal.
b. Public Member Directory
We will list you in our publicly accessible member directory. If you wish to request removal of your information from our directory, you can contact us at firstname.lastname@example.org.
c. Third Party Service Providers.
We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to 99designs. These third party service providers are required not to use your Personal Information other than to provide the services requested by 99designs.
d. Affiliates and Acquisitions.
Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to 99designs.com.
f. Other Disclosures.
6. Third Party Websites.
a. Third Party Sites Generally.
b. Other Social Media Features.
7. Your Choices Regarding Your Personal Information
b. Changes to Personal Information.
Upon request 99designs will provide you with information about whether we hold any of your personal information. You may change any of your Personal Information in your Account by editing your profile within your Account or contacting us via the Site. You may request deletion of your Personal Information by contacting us via the site or at email@example.com, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We will respond to your request to access within 30 days.
We will retain your information for as long as your Account is active or as needed to provide you Services, for fraud prevention and similar purposes and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
8. Security of Your Personal Information.
99designs is committed to protecting the security of your Personal Information. We (and our third party service providers) use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. When you enter sensitive information (such as a credit card number or SS#) on our order forms, we (or our third party service providers) encrypt transmission of that information using secure socket layer technology (SSL). We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while 99designs uses reasonable efforts to protect your Personal Information, 99designs cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at firstname.lastname@example.org.
We display personal testimonials of satisfied customers on our Site in addition to other endorsements. If you choose to provide a testimonial on the Site, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
11. Referrals / Tell a Friend.
If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. 99designs stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us to request that we remove this information from our database.
12. Contact Information.
2201 Broadway, Suite 815
Oakland, CA 94612
or at firstname.lastname@example.org