INTRODUCTION
Theprodesigns is comprised of several companies, which together provide tools to help the world’s designers to create, develop and promote their talents (each a “Service” and collectively, the “Services”). The companies within the theprodesigns each act as the data controller for personal data processed in respect of their Services. and referred to as we The data controllers for each Service are:
We know that you care about how your information is used and shared. This Privacy Policy provides details of the way in which the Group Companies process personal data in line with their obligations under relevant data protection law, including the European Union’s General Data Protection Regulation (the “GDPR”), the California Consumer Privacy Act (the “CCPA”), and other applicable laws (collectively, “Data Protection Law”).
This Privacy Policy explains what information of yours will be collected by the Group Companies when you use our Services, how the information will be used, and how you can control the collection, correction and/or deletion of information. Note that certain third parties may be able to identify you across sites and services and over time using the information they process, however, any such processing not done at the direction of us is outside the scope of this Privacy Policy. We are not responsible for the privacy policies, content or security of any linked third party websites or services. We recommend that you check the privacy and security policies of each and every website and service that you visit.
INFORMATION WE PROCESS.
The types of information we process depends on how you use our Services. Many of our Services require users to set up an account, which involves the collection and processing of your name and email address. Other Services may require the collection of additional information. For example, Theprodesign helps to connect its community of designers with people and companies in need of their skills. In order to do so, Theprodesign collects payments data and other information required to comply with relevant legal obligations.
The following table explains the types of information we collect and how we collect it. These categories of data may collectively be referred to as “Your Information”.
Information You Provide | |
Category | Example |
Basic Account Information | In order to use our Services, Group Companies may require you to register and create an account. Depending on the Service, you will be required to provide a name and email address, and to choose an avatar and username. |
Profile Information | People use our Services for different reasons. Some are looking for the perfect tools to help them create or share their designs. Others join our community in order to be inspired, or even to find the right designer to help them with a project. |
Identity Information | For certain Services, such as creating a shop on Theprodesigns, we may also be required to collect your full name, date of birth, national identification number, photo identification and other information in order to verify your identify and to comply with applicable law. |
Payment and Billing Information | Users can pay to gain access to specific design tools and fonts, or to attend workshops and other training events. Pro Theprodesigns users can unlock a range of additional features, which enable them to sell their designs online or to enhance their profiles. |
User-Generated Content | In order to use our Services, Group Companies may require you to register and create an account. Depending on the Service, you will be required to provide a name and email address, and to choose an avatar and username. |
Survey Information | We may ask you to complete surveys that we use for research purposes, or to evaluate our marketing or support efforts, and in those cases we store the answers given. |
Contest Information | From time to time, we may offer contests or other promotions. If you choose to enter these contests or promotions, we may collect Identity Information and/or additional information. |
Messages and Other Communications | Our Services can be used to communicate with us, other members of the community, or with prospective freelance designers or employers. |
Automatically-Collected Information | |
Category | Example |
Usage Information | We automatically collect information about the content and people you interact with, the features and add-ons you use and other actions you take, including applying to certain work opportunities advertised via our Services. |
Location Data | While users can provide their location or shipping address in the course of using our Services, we also automatically collect certain location information, including your IP address and location information provided by your device. |
Device Information | We automatically collect information from your browser or your device when accessing our Services, and record this data in log files. This includes information such as your unique device identifier, device attributes, device signals, data from device settings, networks and ads data. |
Information Collected Through Cookies | When you visit a Service, we use cookies and related technologies (such as clear GIFs/web beacons) to identify the browser, to identify which page variant a visitor has seen, to determine if a visitor has clicked on a page variant, and to monitor traffic patterns and gauge popularity of service options. Please see our Cookie Policy for more information. |
Information Others Provide | |
Category | Example |
Updated Contact Information | We might receive information about you from other sources and add it to our account information. This may include updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily. |
Non-User Contact Information | Some Group Companies provide an option to invite a friend to their Service, in which case the Group Company we will ask you for that person's email address and automatically send an email invitation to them. |
User Reports | Users can report content to us, where they feel it infringes intellectual property rights or otherwise violates out our Terms of Service. |
Social Media Information | Some Group Companies receive Your Information from social media companies such as Facebook and Twitter who may transfer Your Information to us when you interact with that social media company in connection with our Services or use an alternative sign in to our Services through a social media company. |
Analytic and Aggregator Information | Our Group Companies receive Your Information from ad networks, behavioural advertising vendors, market research, and social media companies or similar companies. Further, some of the Information Collected Through Cookies may be provided by third party analytic companies. |
Information we Create | |
Category | Example |
Inference Data | Some Group Companies, certain partners, social media companies, and third parties operating on our behalf create and infer Your Information based on our observations or analysis of Your Information processed under this Policy, and we may correlate this data with other data we process about you. We may combine any of Your Information about you that we receive from you and from third parties. |
The Theprodesign Group will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes unless we first notify you or obtain your consent, to the extent required by Data Protection Law.
Sensitive Personal Data
Data Protection Law recognises that certain types of information require additional protection. In particular, the GDPR prohibits the processing of sensitive personal data, other than in certain exceptional circumstances. Sensitive personal data in the EU includes information relating to one’s race or ethnicity, political opinions, religious or philosophical beliefs, membership of a trade union, as well as biometric data and data relating to one’s health or sexual orientation. Certain state laws in the US also have different definitions of sensitive personal data.
We do not knowingly collect or process any sensitive personal data. However, some users may make such information public through their use of our Services. For example, Theprodesign permits users to add a biography to their profile. This is a free-text section that allows users to include whatever information they wish, subject to complying with the relevant Terms of Service. Users are in control of what information they share and, to the extent they choose to make sensitive personal data public, they may delete or amend this information at any time.
HOW WE PROCESS YOUR INFORMATION AND OUR LEGAL BASES FOR DOING SO
We collect and process Your Information whenever you use our Services. Consistent with relevant Data Protection Law, we are required to identify a legal basis for each of our processing activities.
Under EU law there are six different bases, which may be relied upon to enable the lawful processing of Your Information. In particular, data controllers may process personal data:
Under the CCPA, we must disclose the purposes for which we collect your information:
The Group Companies primarily rely on Consent, Contractual Necessity, Legal Obligation and Legitimate Interests when processing Your Information. Below we explain the purposes for which we process this information, along with the relevant categories of data we use and the legal basis we rely on to do so (for purposes of the GDPR) or other permitted reasons for processing (e.g. Business Purposes or Commercial Purposes under the CCPA).
Legal Basis: Consent
Why and how we process your data | Categories of data | CCPA Purpose |
Depending on the Service, users may decide to customize their profile and provide us with additional information for this purpose. Users have control over what additional information they provide and can amend or update their profile at any time. | Profile Information | Consent, Business Purposes |
We may occasionally ask you to complete surveys to assist us with product or marketing research, or to evaluate our customer service. | Survey Information | Consent, Business Purposes, Commercial Purposes |
Our Services allow people to build communities, to promote their creative works and to connect with interested parties. Users may choose to add their location information, so as to inform others of where they are based. | Location Data | Consent, Business Purposes, Commercial Purposes |
Users can adjust their device-based settings to enable the sharing of certain information (e.g. Location Data) on the basis of consent obtained for cookies. We use this information for various purposes, including linking Service users’ accounts with their device, for the purpose of delivering targeted advertising. | Location Data | Consent, Business Purposes, Commercial Purposes |
From time to time, we may offer contests or other promotions that users may choose to enter. We use Your Information as necessary to process your request to enter the contest or take part in a promotion, notify you if you have won or to process delivery of a prize or other related purposes. | Contest Data | Consent, Business Purposes, Commercial Purposes |
Users have the right to withdraw their consent at any time. If they choose to exercise this right, our Group Companies will cease processing personal data on this basis. However, please note that a decision to withdraw your consent cannot affect the lawfulness of processing previously carried out on this basis.
Legal Basis: Contractual Necessity
Why and how we process your data | Categories of data | CCPA Purpose |
We collect and store certain personal data, so that you can create, manage and control your account, and to verify access rights to our Services. | Basic Account Information | Contractual Necessity, Business Purposes |
The Theprodesign Group offers a range of Services, some of which are free, while others require a once-off payment or a subscription. | Basic Account Information | Contractual Necessity, Business Purposes |
From time to time, our Group Companies will need to process your information for the purpose of communicating with you (subject to your opt-out rights set described in this Privacy Policy). Such communications may be required to provide you with information about the Services, or to inform you of changes or additions to same. | Basic Account Information | Contractual Necessity; Business Purposes |
Each Group Company processes personal data in order to protect against fraud or error, to respond to claims of any violation of our rights or those of any third parties and to enforce this Privacy Policy and to enforce its respective Terms of Service. | Basic Account Information | Contractual Necessity; Business Purposes |
Legal Basis: Legitimate Interests
Why and how we process your data | Categories of data | CCPA Purpose |
Over the years, a diverse community of designers, artists and other creatives has been built around our Services. While our users share a passion for content creation and design, they have different interests and needs. Some of our users are drawn to web design, others focus on typography or illustration. We process certain information in order to personalise a user’s experience of our Services and to provide targeted advertising, so that users see the content that is most meaningful to them. | Basic Account Information | Business Purposes, Commercial Purposes |
We process personal data in order to assess service levels, monitor traffic patterns and gauge popularity of different features on our Services with the aim of improving our Services | User-Generated Content | Business Purposes |
Each Group Company processes personal data in order to protect against fraud or error, to respond to claims of any violation of our rights or those of any third parties and to enforce this Privacy Policy and to enforce its respective Terms of Service. | All of Your Information | Business Purposes |
Our Group Companies process personal data to respond to your requests for customer service. | Information You Provide | Business Purposes |
The Theprodesign Group may process personal data to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution or other sale or transfer of some or all of the Theprodesign Group’s assets, in which personal information is among the assets to be transferred. | All of Your Information | Business Purposes |
Our Group Companies share certain personal data with third party service providers, in order to provide their Services. For example, Theprodesign shares payment information with Stripe and Paypal, in accordance with their respective privacy policies. | Basic Account Information | Business Purposes, Commercial Purpose |
The Theprodesign Group shares personal data with registered API application providers, in order to deliver relevant design stories and inspiration. | Basic Account Information | Business Purposes, Commercial Purpose |
Legal Obligation
Why and how we process your data | Categories of data | CCPA Purpose |
Compliance with various tax laws | Basic Account Information | Legal Obligation, Business Purpose |
When you exercise your rights under data protection law and make requests | All of Your Information | Legal Obligation, Business Purpose |
To establish and defend against legal claims or comply with lawful requests from government or law enforcement officials | All of Your Information | Legal Obligation, Business Purpose |
WHO WE SHARE DATA WITH
The Theprodesign Group Companies work together to support the delivery of our Services
Our Group Companies also work with third-party service providers who help us to provide our Services. Most of our service providers are located in the US.
For EEA residents, is your information is transferred outside of the EEA, we will adopt measures to ensure that it is protected in a manner that is consistent with our obligations under Data Protection Law, including the European Union’s General Data Protection Regulation.
Transfers to Third Parties | |||
Category of Recipient | Type of Personal Data | Purpose | Location |
Hosting providers | Your Information | We rely on cloud service providers to host user data. (Business Purposes) | USA |
Customer support service providers | Basic Account Information, Payment and Billing Information, Messages and Other Communications, Location Data, Device Information and User Reports | Our third-party partners help to provide support to our customers throughout the world. (Business and Commercial Purposes) | Philippines, USA |
Digital trust & safety service provider, for example Sift | Basic Account Information, Identity Information, Profile Information, Payment and Billing Information, User-Generated Content, Messages and Other Communications, Automatically- Collected Information | To identify and prevent fraud on our Services, to uphold our Terms of Service and to keep our users safe. (Business Purposes) | USA |
Customer data platform service provider, for example Segment | Information You Provide, Automatically- Collected Information | To effectively manage customer data, including by standardising data collection and unifying our user records. (Business and Commercial Purposes) | USA |
Software visualisation service provider, for example New Relic | User-Generated Content, Automatically-Collected Information | To help us better track the performance of our Services. (Business Purposes) | USA |
Website analytics, for example Hotjar and Google Analytics | Basic Account Information, Location Data, Usage Information, Analytic and Aggregator Information | To help us better track the performance of our Services. (Business Purposes) | Malta, USA |
Paid search advertising analytics, for example Google Ads | Basic Account Information, Automatically- Collected Information, Analytic and Aggregator Information | To help our Group Companies to reach users of Google Search for the purpose of advertising our Services. (Commercial Purposes) | USA |
Payment Processing service providers, for example Braintree | Basic Account Information, Payment and Billing Information | To facilitate payments for our paid Services (Business Purposes) | USA |
Royalty payment processing service providers, for example PayPal | Basic Account Information, Payment and Billing Information | To facilitate royalty payments to our designers and foundry partners. (Business Purposes) | USA |
Email help desk service provider, for example Help Scout | Basic Account Information, Location Data, Usage Information | To provide remote support to our customers. (Business Purposes) | USA |
Email service provider, for example Hostinger | Basic Account Information | To facilitate the sending of electronic mail, both internally within the relevant Group Company and externally with our users, partners and other members of the public. (Business and Commercial Purposes) | USA |
In addition to the above, some of our Services are integrated with social media networks and other platforms (e.g., Facebook, Pinterest, and LinkedIn) whereby information may be shared between us and those platforms. For instance, if you interact with our Service through a social media feature such as a plug-in, then you may be granting us on-going access to certain information from that social media account. If you do not want a social media platform to collect or share information about you, please review the privacy policy and privacy settings of the applicable social media property before using such features on our Service.
YOUR RIGHTS
Data Protection Laws around the world, including the GDPR and the CCPA, provide users with certain rights over how their personal data is used by companies. Consistent with these laws, our Group Companies enable users to access, amend and delete the Information You Provide. We also have systems in place to allow you to exercise your rights in respect of Automatically-Collected Information and Information Others Provide, including your rights to object to or restrict the processing of your personal data.
If you would like to exercise any of your rights, please contact the relevant company at the information provided below. Alternatively, you may update or correct certain information, such as your Basic Account Information and email preferences, at any time by logging in to your account settings page.
At any time you may:
EU Residents
Under the GDPR, you have the following rights which may be subject to restrictions under local law: (i) the right to withdraw consent to processing where consent is the basis of processing; (ii) the right to access your personal information and certain other supplementary information, under certain conditions; (iii) the right to object to processing that is based on our legitimate interests, under certain conditions; (iv) the right to deletion of personal information about you, under certain conditions; (v) the right to demand that we restrict processing of your personal information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, are processing, or believe your personal information is inaccurate; (vi) the right to data portability of personal information concerning you that you provided us in a structured, commonly used, and machine-readable format, under certain conditions; (vii) the right object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you, under certain conditions; (viii) the right to lodge a complaint with a data protection authorities.
California Residents
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request we will delete (and direct our service providers to delete) your personal information from our records unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Minors’ User Content
Individuals under the age of 18 in California can delete or remove publicly available User-Generated Content using the same deletion or removal procedures described above, or otherwise made available through the Services. If you have questions about how to remove your User-Generated Content or if you would like additional assistance with deletion you can contact us by email at info@theprodesign.com. We will work to delete your information, but we cannot guarantee comprehensive removal of that content or information posted through the Services.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights, please submit a verifiable consumer request to us by emailing us at info@theprodesign.com. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12 month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable request does not require you to create an account with us.
Response Timing and Format
We endeavour to respond to verifiable consumer requests within 45 days of receipt. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response to you by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. If applicable, we will also provide reasons we cannot comply with your request. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information. We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or unfounded. If we determine a fee is warranted, we will provide you with an estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
For the purposes of CCPA, we do not sell Your Information.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Information
California Civil Code Section §1798.83 permits users of the Site and/or Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@Theprodesign.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you in your email address in response.
DATA SECURITY AND DATA BREACH
We care about the integrity and security of Your Information and implement appropriate technical and organisational security measures to safeguard Your Information from unlawful or unauthorised destruction, loss, change, disclosure, acquisition or access.
Our Group Companies follow generally accepted industry standards to protect the personal data provided to us, both during transmission and after it is received. Examples of our security measures include, as appropriate, physical measures such as locking access to servers, putting in place IT measures such as encryption, and restricting access to your information through approvals and passwords, so it is accessible only on a “need to know” basis.
Depending on the Group Company and the Service in question, your account information is protected by a password. You are responsible for carefully choosing and periodically changing an appropriately-strong password and for maintaining its secrecy. You are also responsible for controlling access to your email communications from our Group Companies, and for other security measures, such as signing out after using our Services.
Despite these measures, it is not possible to warrant the security of any information you transmit to our Group Companies or guarantee that your information on our Services may not be accessed, disclosed, altered, or destroyed by a breach of any of our technical or organisational safeguards. Your privacy settings may also be affected by changes to the functionality of our Group Companies’ distributors, such as social networks. We are not responsible for the functionality or security measures of any third party.
DATA RETENTION
We will keep personal data only for as long as is necessary for the purposes for which that personal data are processed, including to provide our Services. The storage periods are determined on a case-by-case basis and will depend on several factors, including:
Following termination or deactivation of your User account, we may retain the Information You Provide for a commercially reasonable time for backup, archival, contract performance and enforcement, or audit purposes but for no longer than is necessary and only where the information is accurate and relevant for our use. Furthermore, we may retain and continue to use indefinitely all information contained in your communications to other Users or posted to public or semi-public areas of the Service after termination or deactivation of your User account. However, we will only keep this information on the Services where it was posted and will not use this information for any other purpose.
PRIVACY POLICY CHANGES
As the Theprodesign Group continues to grow, the manner in which we process data will evolve over time. We will update this policy from time to time to reflect changing practices and will notify you of any material changes in the following ways: i) we will send an email to the address provided to us upon sign-up to our Services, or ii) we will post a notification on the relevant Group Company’s site or app.
FURTHER INFORMATION AND COMPLAINTS
For further information about this Privacy Policy and/or the processing of your personal data by or on behalf of any members of the Theprodesign , please contact us using the information provided below.
For users based in the EEA, you have the right to lodge a complaint with your competent data protection supervisory authority. The contact details of each supervisory authority are available on the European Data Protection Board’s website.
Notwithstanding this right, we request that you contact us in the first instance to give us the opportunity to address any concerns that you may have.