ONLINE PRIVACY POLICY

Thank you for visiting DesignRush’s Online Platform and viewing this policy. We take your privacy very seriously. We use this policy to tell you about the types of information we collect from you when you visit our site or use authorized features or apps that link to this policy. More specifically, this policy tells you:

  • the types of information we collect and how we collect it;
  • the ways in which we use, store, share and protect that information;
  • your rights in relation to your personal information; and
  • how to contact us or supervisory authorities in the event you have a complaint.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States including the California Consumer Privacy Act of 2018 (“CCPA”) and the European Union General Data Protection Regulation (“GDPR”) which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws.

By using our sites or other online authorized features or apps, you are signifying to us that you agree with this policy. Although the Online Platform may contain links to other web sites controlled by third parties, you should be aware that we are not responsible for the privacy practices of those, or any other, sites. If you have questions about how those web sites collect and use data, you should carefully read those sites’ privacy policies.

This policy was amended on 10/21/2022 and is effective as of that date. Future changes to this policy will be handled as described here.

1. Some Important Vocabulary

This policy is a legal document, so clarity is important. We’ll use this section to let you know about some words that have special meanings whenever you see them in this policy:

We, us, ourDesignRush Inc., the owner and operator of the web site your are visiting.
Policy, this policyThe DesignRush Online Privacy Policy you are reading now.
Our representativeMarina Grujic, who can be reached regarding any privacy-related issued at info@designrush.com
You, yourYou, the reader, and other visitors to our site who are, in all cases, over the age of 18. This age requirement is discussed in more detail here.
Site, this site, our siteThe DesignRush web site found at www.designrush.com and such others as we may make available from time to time.
Authorized features or appsElements of our social media presence viewable from Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms, as well as mobile or other apps we’ve created and distributed to let our customers and followers view our site or otherwise interact with our content.
Personal informationAny information relating to an identified or identifiable individual.
Special category personal informationPersonal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership, genetic and biometric data, and data concerning health, sex life or sexual orientation.

You also will notice that we capitalize certain additional words in this policy even though grammatical rules do not require. We do this because in the context of this policy, such capitalized words have specific meanings which can be found where they are first used, as indicated by bold text.

2. User Age Requirements and Children’s Privacy

Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward, and collect and use information from children under the age of 13. We take those age-related requirements seriously, and consistent with it do not intend for this site or any of our authorized features or apps to be used by children under the age of 18, and certainly not by anyone under the age of 13. Moreover, we do not knowingly collect personal information from minors under the age of 18. If we become aware that anyone under the age of 18 has submitted personal information to our site, we will delete that information and will not use it for any purpose whatsoever. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.

3. Personal Information We Collect About You

We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

CategoryExamples
A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address or account name.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A telephone number, bank account number, credit card number, Some personal information included in this category may overlap with other categories.
C. Commercial information.Records products or services purchased.
D. Internet or other similar network activity.Browsing history or search history.
E. Geolocation data.Physical location or movements.

4. How Your Personal Information is Collected

We collect most of this personal information directly from you. However, we may also collect information:

  • From publicly accessible sources;
  • Directly from a third party;
  • From a third party with your consent (e.g., your bank);
  • From cookies or other passive tracking technologies (further explained below); and
  • Via our IT systems, including
    o    automated monitoring of our websites and other technical systems, such as our computer networks and connections; and
    o    communications systems, email and instant messaging systems.

Our Use of Cookies

When you visit our site and agree to their use, basic information is passively collected through your web browser via use of tracking technologies, such as a “cookie” which is a small text file that is downloaded onto your computer or mobile device when you access the site. It allows us to recognize your computer or mobile device and store some information about your preferences or past actions. If you do not allow cookies to be set on your computer, you may be unable to access certain parts of our site or certain parts of our site may have reduced functionality. Additional information about cookies and tracking technologies is available here.

We use ‘analytical’ cookies that are both session (they expire when you close your browser) and persistent (they remain in operation even after you have closed your browser) types of cookies. We may allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time following your use of the site. For example, we use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help us analyze how you use the site and enhance your experience when you visit the site. For more information on how Google uses this data, go to https://policies.google.com/technologies/partner-sites. You can learn more about how to opt out of Google Analytics by going to https://tools.google.com/dlpage/gaoptout. If we engage third party service providers to use cookies or similar technologies for purposes other than those stated above, we will update this policy with that information.

The information we collect through cookies and other means is not personal information and does not individually identify you. It includes things like:

  • the type of browser and operating system you use
  • the date and time and length of your visit
  • the specific page visited, graphics viewed and any documents downloaded
  • the specific links to other sites you accessed from our site
  • the specific links from other sites you used to access our site
  • in some cases, the domain name and IP address from which you accessed our site

Mobile devices are one possible exception to the rule that our passive, automatic collection activities exclude personal information. We say that because, if you access our site from a phone or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone service providers also operate systems that pinpoint the physical location of devices and we may receive this information as well.

Regardless, we use both automatically collected non-personal information and mobile device information only to compile generic reports about popular pages on our site, and to see how our customers and followers are accessing our site. We then use that data to administer the site, make your activities more convenient and efficient and to enhance the functionality of our site, such as by remembering certain of your information thereby saving you time.

If you’d like to opt out of all cookies on DesignRush, please email info@designrush.com.

You can change your cookie settings at any time by clicking "Preferences".

5. How and Why We Use Your Personal Information

Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.,:

  1. To comply with our legal and regulatory obligations;
  2. For the performance of our contract with you or to take steps at your request before entering into a contract;
  3. For our legitimate interests or those of a third party; or
  4. You have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. Your own rights and interests are explained further below

What we use your personal information forOur reasons (1, 2, 3 or 4 above)
To provide services to you2
Conducting checks to identify our customers and verify their identity1
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business1
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies1
Operational reasons, such as improving efficiency, training and quality control3
Ensuring the confidentiality of commercially sensitive information1, 3
Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures 3
Updating and enhancing customer records1, 2, 3
Marketing our services and those of selected third parties, where applicable, to:
  • existing and former customers;
  • third parties who have previously expressed an interest in our services;
  • third parties with whom we have had no previous dealings.
3

6. Promotional Communications

We may use your personal information to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services].

We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

You have the right to opt out of receiving promotional communications at any time by

  • contacting us at info@designrush.com;
  • following the opt-out instructions in the email or other communication

We currently do not specifically respond to browser do-not-track signals.

7. Who We Share Your Personal Information With

  • Our affiliates;
  • Service providers we use to help deliver our services to you, such as payment service providers;
  • Other third parties we use to help us run our business, such as marketing agencies or website hosts;
  • Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
  • Credit reporting agencies;
  • Our insurers and brokers;
  • Our banks; and
  • Any other third parties who may have a legitimate need to know in order to provide products or services to us.

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

8. Personal Information We Sold or Disclosed for a Business Purpose

As part of our business, we sell or disclose to third parties certain publicly available information relating to business enterprises or other organizations that visit and view certain pages on our website. Such information is not personal information within the meaning of this policy (as defined in Section 1. Some Important Vocabulary of this policy) since such information does not identify, relate to, describe, is capable of being associated with or could reasonably be linked, directly or indirectly, with any individuals

9. Where Your Personal Information is Held

Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.

10. How Long Your Personal Information Will Be Kept

If you use our services, we will keep your personal information while you have an account with us or while we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To show that we treated you fairly; or
  • To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy, and when it is no longer necessary to retain your personal information, we will delete or anonymize it.

We will promptly respond to a request for deletion of any personal information we may have about you, provided that such request complies with the requirements of Section 15. How to Exercise Your Rights, below

11. Transferring Your Personal Information Out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal information outside the European Economic Area (EEA), e.g.:

  • Because we are located outside the EEA;
  • With your and our service providers located outside the EEA;
  • If you are based outside the EEA; or
  • Because our services are international in dimension.

These transfers are subject to special rules under European and UK data protection law.

Non-EEA countries, including the United State where we are based in, do not have the same data protection laws as the United Kingdom and EEA and have not been assessed by the European Commission as providing adequate level of privacy protection. We will, however, ensure that any transfer complies with data protection law and all personal information will be secure. Where we transfer data outside of the United States, our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses details of where they have been made available at Standard Contractual Clauses (SCC) | European Commission (europa.eu).

12. Your Rights Under the GDPR

RightExplanation
Right to AccessThe right to be provided with a copy of your personal information
Right to RectificationThe right to require us to correct any mistakes in your personal information
Right to be ForgottenThe right to require us to delete your personal information—in certain situations
Right to Restriction of ProcessingThe right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Data PortabilityThe right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
Right to ObjectThe right
  • at any time to your personal information being processed for direct marketing (including profiling);
  • in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-MakingThe right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, you can refer to the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the General Data Protection Regulation.

Certain of our activities in the EU, UK, Switzerland, Iceland, Liechtenstein, and Norway implicate obligations under Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal information on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), we comply with our duties thereunder by providing certain notices, which can separately be found , and ensuring the use of appropriate safeguards for personal information transferred out of the EU, UK, Switzerland, Iceland, Liechtenstein, and Norway.

13. Your Rights Under the CCPA

You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You You have the right to know:
• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purpose for collecting or selling personal information;
• The categories of third parties with whom we share personal information, if any; and
• The specific pieces of personal information we have collected about you.

Please note that we are not required to:
• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or • Provide the personal information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business PurposeSubject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against DiscriminationYou have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
• Deny goods or services to you;
• Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Provide a different level or quality of goods or services to you; or
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of services to you, if that difference is reasonably related to the value provided to our business by your personal information.

14. Keeping Your Personal Information Secure

We will take all reasonable security precautions to protect your personal information provided to our site. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

Due to the inherently open and somewhat risky nature of the Internet, however, we cannot guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction or alteration will not occur. We disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. You should also note that third party companies we engage to provide us with services either to help us in our business, or to perform functions we would otherwise perform ourselves, will have incidental access to your information, including your personal information, as part of the work they perform. See above “Who We Share Your Information With”. We require that they enter into confidentiality and other agreements, but cannot guarantee their compliance.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

15. How to Exercise Your Rights

If you would like to exercise any of your rights as described in this policy, please email us at info@designrush.com

You will need to provide us with:

  • Enough information to identify you (e.g., your full name, address and customer or matter reference number);
  • Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and
  • A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

16. How to File a GDPR Complaint

We hope that can resolve any query or concern you raise about our use of your information.

The GDPR also gives you right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred. Please contact the supervisory authority in your country for further information.

17. Changes to this Privacy Policy

We reserve the right to change or update this policy from time to time. Please check our site periodically for such changes since all personal information collected is subject to the policy in place at that time. Typically, we will indicate the effective/amendment date at the beginning of this policy. If we feel it is appropriate, or if the law requires, we’ll also provide a summary of changes we’ve made near the end of the new policy.

18. Contacting Us

If you have questions about our policy or privacy practices, please contact us at:

Copyright Agent:

DesignRush Inc.
3479 NE 163rd St #1016
North Miami Beach, FL 33160
Phone: 305 370 1017
Email: info@designrush.com