Privacy Policy

TRUSTe European Safe Harbor
certification

Last revised on: 1st of July 2013

99designs Pty Ltd, Australian Company Number 121 195 248 (“99designs”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect from users of our Site at www.99designs.com and Services (as defined in the Terms of Use). It also describes the choices available to you regarding the use of your Personal Information and how you can access and update this information. Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use located at http://99designs.com/legal/terms-of-use.

99designs has been awarded TRUSTe's Privacy Seal signifying that this Privacy Policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability, and choice regarding the collection and use of your Personal Information. The TRUSTe program covers only information that is collected through this Site, www.99designs.com and its sub-domains.

TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy Trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at support@99designs.com. If you are not satisfied with our response you can contact TRUSTe here.

99designs, Inc. (our U.S. Affiliate) complies with the U.S.—E.U. Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Information from the European Union member countries. 99designs, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. For more details regarding 99designs, Inc.'s compliance with the Safe Harbor Privacy Principles, please contact us at support@99designs.com. To learn more about the Safe Harbor program, and to view 99designs, Inc.'s certification, please visit http://www.export.gov/safeharbor/.

1. User Consent.

By submitting Personal Information through our Site or Services, you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

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, 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. Information Collected via Technology.

  • 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, including 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, and/or a date/time stamp for your visit. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole. We may link this automatically-collected data to Personal Information for the purposes of security and to detect fraudulent activity.
  • We also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customization.
  • We also employ a software technology called clear gifs (a.k.a. Web Beacons), that help us better manage content on our Site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We may tie the information gathered by clear gifs to our visitor’s Personal Information.
  • The use of tracking technologies by our technology partners and other 3rd party assets on the Site is not covered by our Privacy Policy. These 3rd parties may use cookies, clear gifs, images, and scripts to help them better manage content on our Site. We do not have access or control over these technologies. We do not tie the information gathered to our visitor’s Personal Information. We partner with a third party ad network to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

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.

d. ThreatMetrix.

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.

We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

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 support@99designs.com. 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

b. 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.

c. Affiliates and Acquisitions.

We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. As described above, 99designs, Inc. (our U.S. Affiliate) complies with the U.S.—E.U. Safe Harbor Framework. If another company acquires our company, business, or our assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

d. Other Disclosures.

Regardless of any choices you make regarding your Personal Information (as described below), 99designs may disclose Personal Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on 99designs; (c) to protect or defend the rights or property of 99designs or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or the Terms of Use.

6. Third Party Websites.

a. Third Party Sites Generally.

When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Information or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

b. Social Networking Sites.

If you (i) log on to the Service with your login credentials from a social networking site (such as Facebook, Twitter, or LinkedIn) (“Social Networking Site”) or (ii) associate your Account with your account at a Social Networking Site, we may receive information about you from such Social Networking Site, in accordance with such Social Networking Site’s terms of use and privacy policy (“SNS Terms”). We may add this information to the information we have already collected from you via the Service. If you elect to share your information with these Social Networking Site, we will share information with them in accordance with your election. The SNS Terms will apply to the information we disclose to them.

c. Other Social Media Features.

Our Site includes social media features (“Features”) such as the Facebook Like button, Tweet button and other widgets or interactive mini-programs that run on our Site. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. These Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the terms of use and privacy policy of the company providing them (e.g., Facebook or Twitter).

7. Your Choices Regarding Your Personal Information

a. Choices.

We offer you choices regarding the collection, use, and sharing of your Personal Information. 1. When you create an Account on 99designs.com, we may periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, by adujsting your email preferences from within your Account setting page or by contacting us directly (please see contact information below). 2. Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Use or Privacy Policy.

b. Changes to 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 support@99designs.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 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 support@99designs.com.

9. Blogs.

Our Site offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at support@99designs.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

10. Testimonials.

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 support@99designs.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.

99designs welcomes your comments or questions regarding this Privacy Policy. Please contact us at the following:

99designs Inc,
447 Battery Street, 3rd Floor
San Francisco, CA 94111
USA

13. Changes to This Privacy Policy.

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.