Effective from the 25th of May 2018
Where we provide the Services under contract with an organisation (for example your employer) that organization controls the information processed by the Services. For more information, please see Notice to End Users.
We collect information about you in 4 ways. When you voluntarily provide it to us, when you voluntarily give us permission to obtain, when other sources provide it to us, or when you use our Services.
1) The information you provide to us:
- Personal Information: When you sign up to our Services, you provide us certain information, including your name, country, language, email address, how you intend to use our Services, or anything else you may be asked and decide to provide.
- Personal Design Assets: When you create content using our Services, you may choose to upload images, icons, fonts, videos, files, as well as add textual content.
- Business Information: Our Services can be used for business purposes. If you are authorized to create or manage an account on behalf of an organisation, you may choose to provide information related to that organisation.
- Business Brand Assets: When you manage or create content for an organisation, you may choose to upload logos, images, icons, fonts, videos, files, as well as add textual content on behalf of that organisation.
- Information you provide through our support channels: Our Services provide customer support channels, where you may choose to submit information regarding a problem you are experiencing. Whether you email us, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a description of the problem you are experiencing, screenshots or information that would be helpful in resolving the issue.
Legal basis for processing
Other users of the Services: Other users of the Services may provide information about you. For example, we may receive your email address from a user when they provide it in order to invite you to the Services. Similarly, an administrator of an organisation may provide information they may find useful for content creation, for example, they may provide us with your name, email address and telephone number, so that a business cards can be easily created with your details.
Partners: We work with partners who provide consulting, implementation, training around the Services we offer. Some of these partners also help us to market, promote and resell our products. We receive information from these partners, such as billing information, contact information, company name, what services you purchased or may be interested in, evaluation information you have provided, events you have attended, and what country you are in.
Advertising Partners: We receive information about you and your activities on and off the Services from third-party advertising partners who provide us with information about your interest in and engagement with our Services and online advertisements.
Usage Details: Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used will be recorded by us in order to enhance your experience of the Services and to help us provide you the best possible service.
Device Information: We also collect information about the device you’re using the Service on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone.
We use technical measures to secure your data and in order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your user account.
While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
We may retain and use your personal information and data as necessary to comply with our legal obligations, resolve disputes, and enforce our rights. If you have a personal account and have requested account deletion, we will delete your information within 72 hours. If the Services are made available to you through an organisation (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see “Notice to the End User”.
You can exercise choices regarding your information by logging into the Services and using settings available within the Services or your account as described below. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Profile information: Access and change information in you profile at any time. If you have a personal account you can choose whether your profile is public (anyone can follow you) or private (people will have to request your permission to follow you). If your account is linked to an organisation, your profile will be public to the organisation users as specified by the company administrators as per “Notice to End Users”.
Content Privacy: If you have a personal account, you can choose if the content you create is visible only by you (and the people you choose to collaborate with), by your followers or by everybody. If the Service you are using does not offer an option to change the content privacy, the content will be private by default. If your account is linked to an organisation, the content you create on behalf of that organisation may be visible to the organisation users as specified by the company administrators even if marked as private as per “Notice to End Users”.
Content Information: You can also modify information on the content created using the platform at any time. However if your account is linked to an organisation, the content created on behalf of that organisation, the changes you make may be visible to the organisation users as specified by the company administrators as per “Notice to End Users”
Unlink your account to third-party apps: Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Deactivate your account: You can choose to deactivate your account at any time. You may also choose to delete all your information completely. See “The right to be forgotten” for more details.
From email notifications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
From organisation email notifications: You may opt out from receiving emails from organizations you have joined for businesses purposes. These emails are not triggered by us, but by the company who uses our Services.
From push notifications: You can disable push notifications from us through your device & browser settings.
From retargeting advertising: You may be able to opt out of receiving personalized advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: aboutads.info, optout.networkadvertising.org and youronlinechoices.eu
The right to be forgotten
We have made very easy for you to delete your information. All our products feature a “delete me” button under your account settings. If you have a personal account, you can simply click delete account, and all your information will be deleted within 72 hours. If your account is linked to an organisation, we may have to request their permission first, see “Notice to the end user”.
Extracting Your information
All content created using our platform can be exported as JPEG, PNG or PDFs. Original files can simply be downloaded as is. Should you request it, we can also provide you with a CSV file with all the information we stored regarding your account.
Other important information
Children’s information: The Services are not directed to individuals under 16. We do not knowingly collect personal information from children under 16. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.
Policies Changes: We may change this policy from time to time, and when we do, we will revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. If you continue to use our Services after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or obtain your consent as required by law.
Links: Please note that content created and displayed through our Services may contain links to third party websites. We hereby disclaim any liability in relation to the privacy practices of other websites.
Notice to End Users
Many of our products are intended for use by organizations. Where the Services are made available to you through an organisation account (e.g. your employer, supplier or client), that organisation is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control.
If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization’s policies. We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.
Administrators are able to:
- View and disclose content you created or uploaded on the account.
- Modify and take ownership of content you created/uploaded on the account.
- Require you to reset your account password;
- Restrict, suspend or terminate your access to the Services;
- Access information in and about your account;
- Access or retain information stored as part of your account;
- Install or uninstall third-party apps or other integrations
In some cases, administrators can also:
- Restrict, suspend or terminate your account access;
- Change the email address associated with your account;
- Change your information, including profile information;
- Restrict your ability to edit, restrict, modify or delete information
Even if the Services are not currently administered to you by an organisation, if you use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the Services at a later date. You will be notified if this happens.
If you do not want an administrator to be able to assert control over your account or use of the Services, use your personal email address to register for or access the Services. If an administrator has not already asserted control over your account or access to the Services, you can update the email address associated with your account through your account settings in your profile. Once an administrator asserts control over your account or use of the Services, you will no longer be able to change the email address associated with your account without administrator approval.
Please contact your organization or refer to your administrator’s organizational policies for more information.
Effective from the 25th of May 2018
We provide an array of services for online collaboration and management including visual asset management, campaign creation and distribution, and a collaborative design and editing tool (hereinafter “Service” or “Services”).
You may use the Services for your personal and business use or for internal business purpose in the organisation that you represent. You may connect to the Services using any Internet browser or mobile application supported by the Services.
You are also responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to you. You agree that Desygner will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services for any reason.
Becoming a User
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organisation and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organisation, sign up for user accounts by providing your corporate contact information. You agree to: a) be responsible for any activity that occurs through your account keeping your password secret and secure; b) not to open an account on behalf of third parties. In case you open an account on behalf of a third party, then “you” includes you and that third party, and you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the third party to these Terms, and that you agree to these Terms on the third party’s behalf; c) not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Complaints and Feedback
We welcome feedback of any sort and are always interested in learning about ways we can make our Services better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
By accepting your submission, we do not waive any rights to use similar or related Feedback previously known to Desygner, or developed by its employees, or obtained from sources other than you. By submitting a complaint regarding your account, you authorize Desygner’s team to check content on your account as required to address the issue.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Desygner in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your implicit consent to disclosure of your name and contact information by Desygner to the complainant.
When you sign up for an account for your organisation you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organisation account. If your organisation account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organisation. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organisation account.
You are responsible for i) ensuring confidentiality of your organisation account password, ii) appointing competent individuals as administrators for managing your organisation account, and iii) ensuring that all activities that occur in connection with your organisation account comply with this Agreement. You understand that we are not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organisation does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to email@example.com, provided that the process is acceptable to us.
In the absence of any specified administrator account recovery process, we may provide control of an administrator account to an individual providing proof satisfactory to us demonstrating authorization to act on behalf of the organisation. You agree not to hold us liable for the consequences of any action taken by us in good faith in this regard.
Restriction on Use
- You must be at least 16 years old to use the Services.
- You must validate your email to use our Services.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of any other user.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your content.
- You are solely responsible for your interaction with other users of the Service, whether online or offline.
- You agree that Desygner is not responsible or liable for the conduct of any user.
- Desygner reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgement when interacting with others, including when you submit or post content or any personal or other information.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service.
- You must not create or submit unwanted comments, likes or other forms of spam communications to other users.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Desygner page is rendered or displayed in a user’s browser or device.
Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Although it is Desygner’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Fees & Payments
The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription.
At the time of automatic renewal, the subscription fee will be charged to the Credit Card or payment method last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card or payment method. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Desygner to charge the subscription fee to the Credit Card or payment method last used by you.
Responsibility over Your content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication by other users.
Any content that you make public will be publicly accessible through the Internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
Any content that you may receive from other users of the Services, is provided to you for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the consent of the person who owns the rights to such content, which may be given through the Desygner website.
By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Desygner will have the right to block access to or remove such content made available by you if Desygner receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Desygner for this purpose.
For procedure relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, use our contact form.
We may, at its discretion, disable and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Desygner will respond to any claims of copyright infringement committed using the Desygner website or our apps that are reported using our contact form. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Desygner or our apps by using our contact form.
Images & Icons Licenses
When you search for images or icons that are 100% royalty free, the results are from our partners such as Pixabay, Unsplash and OpenClipart under the creative commons zero license, which means you can copy, modify, distribute and use the photos for free, including commercial purposes, without asking permission from or providing attribution to the photographer (although attribution is always recommended). Although rigorous standards are upheld to ensure that all images and icons from our content partners adhere to the Creative Commons CC0 licensing terms, usage of images and icons on the services are provided on an “as-is, where-is” basis without any representations or warranties whatsoever.
When you search for images using the Google Image Search, you must look for the image usage rights on Google. Google cannot tell if the license label is legitimate even if they are labelled for reuse, so we don’t know if the content is lawfully licensed. Before reusing content commercially, make sure that its license is legitimate and check the exact terms of reuse. For example, the license might require that you give credit to the image creator when you use the image.
Free & Premium Templates Licenses
All templates provided by Desygner are 100% royalty-free, and can be downloaded/exported from the Service in a range of formats if used as is. If you modify the content with uploaded fonts, images, icons or written textual content, you must have the rights to use such content, else you must replace them with one of our royalty-free options.
Imported PDFs Copyrighted Content
If you are using layouts, fonts, textual content, icons, logos, or images that had been embedded into a PDF you imported into our Services, you must accept that you are legally allowed to use such content.
- Desygner does not have ownership of any content that you post on or through the Service. But you grant Desygner permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
- Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Desygner may place such advertising and promotions on the Service or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- The Desygner name and logo are trademarks of Desygner, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Desygner.
- Except for artwork you provide to us, all materials therein or transferred thereby, including are the exclusive property of Desygner and its partners.
- Any URL selected from our platform must be the same or as similar as possible to your company domain. If you choose a generic word for your URL, we reserve the right to reassign or charge for that URL.
Other Important Information
License to use our Services:
Subject to the provisions in the Terms, Desygner grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Desygner website and the Services.
While Desygner attempts to make user-generated content available through the Service, Desygner does not guarantee access to, or hosting of, your user-generated content. For example, if user-generated content violates these Terms of Service, access to it may be disabled.
Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily disabled. You agree that Desygner will not be liable to you or to any third party for termination of your access to the Service for any reason.
While Desygner attempts to make the User Content completely safe, you, and not Desygner, are solely responsible for the Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You agree that Desygner will not be liable to you or to any third party for any user who irregularly accesses your content. The Services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
All user-generated content available through the Service is owned by their respective owners and Desygner is not responsible in any manner for that content.
DESYGNER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
You agree to indemnify and hold Desygner and/or the Desygner Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Desygner and/or the Desygner Affiliates in connection with any claim arising out of your breach of the Agreement. Desygner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You will be solely responsible and liable for, and will indemnify Desygner and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from user-generated content made available through the Service by you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESYGNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DESYGNER’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
In the event of a dispute between the Parties, either Party may call a meeting on providing the other Party with not less than three working days’ notice. Such Initial Meeting may be in person if convenient for both Parties otherwise shall be by way of telephone call or “Skype” or such other format as is convenient.
If (i) the dispute is not settled by negotiation within thirty (30) days commencing on the date when either Party requests a meeting in accordance with the previous paragraph or within such further period as the Parties may agree in writing and (ii) the applicable law does not restrict the arbitration of the dispute, the Parties agrees to settle the dispute by binding arbitration in accordance with the Resolution Institute Arbitration Rules. Unless the Parties agree upon an arbitrator, either Party may request a nomination from the Chair of Resolution Institute. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DESYGNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These terms shall be governed by the laws of the state of Queensland, Australia.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Desygner without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Desygner’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services, you may terminate your use by deactivating or deleting your account. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
Effective on the 25th of May 2018
Cookies and Other Tracking Technologies
What do you use them for?
Services Usability: These cookies and other technologies are essential in order to enable us to run our Services. For example, they allow us direct web and app traffic to the appropriate server for fast and scalable usability. They also allow us remember choices you make, for example, your language preferences or if you request that a certain message is not displayed to you again.
Performance & Analytics: These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics cookies to help us understand how the Services are used.
Advertising: These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers.
Social Media Sharing: These cookies are used when you use social media sharing button to or “like” button to engage with content displayed through our Services. The social network will record that you have done this.
How can you opt-out?
Updates to this Notice
This Cookies & Tracking Notice may be updated from time to time. If we make any changes, we will notify you by revising the “effective starting” date at the top of this notice.