Pixeldarts collects information that you voluntarily provide us when registering on the Site or otherwise expressing interest in the Services or requesting additional information about our products or the Services. This includes personally identifiable information (“PII”). The PII that Pixeldarts collects depends on the context and extent of the Client’s interactions with Pixeldarts and the products or Services the Client uses and the features selected thereof. The PII Pixeldarts collects may include but is not limited to: Name, Address, Telephone Number, E-mail Address.
We also collect data from you when you create your account, create requests, and send feedback to us about the Site and the Services. We also collect information you provide to use in the designs for your Requests (such as text, photos, graphics, and video you upload to use in your Requests). We use this information to operate, maintain, and provide the features and functionality of the Services to you, to correspond with you, and to address any issues you raise about the Services. All of the data that you enter or upload in the Client Account, including your Profile, Requests, Brands, Feedback Tool, Users, Marketplace, Designer Preferences, Support, Messages, Chat with Account Managers or any other section of the Site is collectively referred to as “User Content.”
Derivative data may also be collected or generated from commercial transactions, such as purchase history, preferences and geo locational data. Pixeldarts also automatically collects certain information on how the Client visits and uses the Site or Services. This information does not reveal your personal identity but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location information about when you visit the Site and other technical information. This information is primarily needed to maintain the security and operation of our Services and the Site, and for Pixeldarts’s internal analytics and reporting purposes. Pixeldarts also collects information through cookies and similar technologies.
Pixeldarts uses PII and other data collected via the Site or through the Services for legitimate business purposes set forth below. Pixeldarts processes PII in order to contract with the Client or perform in accordance with said contract, with the Client’s consent and in compliance with legal obligations. The purposes and uses for and of the PII are as follows:
A. To facilitate account creation and logon process;
B. To operate and maintain the Site;
C. To bill Clients for subscriptions to the Site;
D. To send administrative information to Client and communicate with you about the Site or the Services;
E. To fulfill and manage Requests;
F. To analyze the data and improve the Site, the Services, and your user experience;
G. To combine the information you provide us and information that we collect automatically and receive from other sources and combine it with the information about the behavior of other users to customize your user experience and improve our Services;
H. To recommend services of third-parties, such as the Marketplace services;
I. To personalize and measure the effectiveness of advertisements for the Site and its Services on third-party sites and platforms;
J. To gauge Client satisfaction and improve your interactions with our design team;
K. To resolve technical issues you report about the Site or the Services;
L. To monitor activity that we think is suspicious or potentially fraudulent;
N. To comply with the law and reasonable requests of law enforcement;
O. To protect the security or integrity of our Service;
P. To protect the rights, property, or personal safety of Pixeldarts, our users, or third-parties.
Pixeldarts reserves the right to process or share PII or other information the Client shares with us to conduct the Services (the “Shared Information”) in the following scenarios:
A. Billing and managing your subscription;
B. Providing email services and Client communication;
C. Hosting and storage;
D. Data analytics and predictive analytics;
E. Data security and protection;
F. Advertising and marketing the Site or our Services on third-party sites;
G. Using the Shared Information for a specific purpose with your consent;
H. When Pixeldarts determines that processing or sharing the Shared Information is reasonably necessary to achieve Pixeldarts’s legitimate business interests;
I. When performance of the Services requires processing or sharing Shared Information;
J. Complying with applicable law, lawful government requests, judicial proceeding, court order or legal process such as in response to a court order or subpoena;
K. When Pixeldarts determines that it is necessary to investigate, prevent or take action regarding potential violations of Pixeldarts’s policies, suspected fraud, situations involving threats to safety of any personal or illegal activities;
L. During the course of negotiations or any due diligence related thereto, for the merger, sale of company assets, financing or acquisition of all or a portion of Pixeldarts’s business to another company;
M. In the course of use of third-party advertising to serve ads when the Client visits the Site; and
N. In the event our parent company, related companies, or affiliates may offer you certain products, services or promotions.
When you visit the Site, we (and our third-party partners) will send cookies — small text files containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Pixeldarts do things like help you log in faster, enhance your navigation through the site, remember your preferences and generally improve your user experience. Cookies also convey information to us about how you use the Site (e.g., the pages you view, the links you click and other actions you take on the Site), and allow us or our business partners to track your usage of the Site over time. They also allow us to measure traffic and usage trends for the Site, deliver personalized advertisements that may be of interest to you and measure their effectiveness, and find potential new users of the Site.
You can control or reset your cookies and similar technologies through your web browser, which will allow you to customize your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
If the Account Owner or Administrator adds other users to the Client Account, then any information, requests, or content that are created in that Client Account or activity you take within the Client Account may be shared with the Account Owner, Administrators, or Client-Added Users. If requested by the Account Owner, Pixeldarts may re-assign ownership of any User Content you post in the Client Account to a different Account Owner, Administrator, or Client-Added User. You should ensure that any personal information, confidential information, or User Content that you’d like to keep private is not added to the Client Account.
Any user who creates a Request in the Client Account may designate Collaborators (i.e. other users of the Client Account) who have access and authorization to modify the request, provide feedback, view project details, upload files, and download files from the Request. If you add a Collaborator to a request, you will share your User Content with that Collaborator.
Pixeldarts cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through use of the Services. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Pixeldarts, at all times. However, Pixeldarts cannot ensure or warrant the security of any information you transmit to Pixeldarts or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
You may control how we process, collect, and share some of your account information and User Content as follows:
A. You can request access, correction or deletion of the data Pixeldarts holds on you by contacting firstname.lastname@example.org;
B. You may delete and disable cookies and other tracking tools using your mobile device settings or internet browser’s settings.
If you unsubscribe from Pixeldarts’s marketing email list, Pixeldarts reserves the right to send you Service-related emails necessary for the use of your account or performance of the Services.
After 30 days of inactivity, any open requests may be archived. Following termination or deactivation of a Client account, Pixeldarts will retain the Client profile information and User Content for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, Pixeldarts will retain your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.
Upon Pixeldarts’s determination that it has no further legitimate business need for the Client’s PII, Pixeldarts will delete or anonymize said information or securely store the PII and isolate it from any further processing until deletion is facilitated.
Pixeldarts does not knowingly solicit data from or market to anyone under the age of 18. By use of the Services, Client represents that he/she/they are at least 18 or that the parent or guardian of a Client under the age of 18 consents to the minor-Client’s use of the Services. All PII of a Client under the age of 18 will be promptly deleted and that Client’s account upon Pixeldarts’s discovery of the Client’s minor status.
The privacy rights of the Client may vary due to his/her/its domicile or location. Clients are encouraged to inform themselves of their individual privacy rights. If the Client would like to review or change the information in Client’s account or terminate the account, this may be done in the account settings on the Site. Upon Client’s request to terminate their account, Pixeldarts shall deactivate or delete the account and information from its active databases. However, Pixeldarts reserves the right to retain certain information for the purposes more particularly set forth above.
The laws of some countries grant particular rights in respect of personal information. Individuals in certain countries, including the European Union and the United Kingdom, have the right to:
Request access to their information;
Request that we correct inaccuracies in their information;
Request that their information be deleted or that we restrict access to it;
Request a structured electronic version of their information; and
Object to our use of their information.
Should you wish to make a request in respect of your personal information please contact us at email@example.com. You also have the right to object to our processing of personal data about you for marketing purposes and we will stop processing data for that purpose.
In some circumstances Pixeldarts will not be able to comply with your request regarding your personal data. If we are unable to remove any of your information, we will explain why. For example, we may not be able to provide a copy of your information where it infringes on the rights of another user. In some cases, you may have shared your information with third parties, such as by publishing Completed Requests or Resold Requests on a third party’s website or sending them to a third party. In that case, Pixeldarts will not be able to delete the information, and you will need to contact that third party directly.
Californian users of Pixeldarts have additional rights afforded to them under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA, effective 1 January 2023).
Virginian users of Pixeldarts also have additional rights afforded to them under the Virginia Consumer Data Protection Act (VCDPA, effective 1 January 2023).
The CCPA, CPRA and VCDPA give resident users various rights with respect to the personal information we collect, including the right to (subject to certain limitations):
A.Request to access the PII Pixeldarts has about you;
B. Request that Pixeldarts delete all of your PII;
C. Request that Pixeldarts correct inaccurate PII;
D. Opt out from the “sale” of your PII; and
E. Opt out of the “sharing” of your PII for cross-context behavioral advertising.
For more details about the personal information Pixeldarts has collected in the past year, please see Section 1 “Information we collect”. For details on how we use that information, who we share it with, and how long we keep it, please see Section 2 “How We Use Client Information”, Section 3 “Client Information and Sharing with Third Party Services”, and Section 8 “How Long Pixeldarts Keeps Client Information.”
California and Virginia users may make a request by contacting us at firstname.lastname@example.org. We will authenticate your request using the email address associated with your account and if necessary, proof of residency. Virginia users may appeal a refusal to take action on a request by contacting us at email@example.com.
Californian and Virginian users may opt out of the “selling or sharing” of your personal information by requesting deletion of your user account by emailing firstname.lastname@example.org. To process this request, we may provide your employer with information and confirming whether or not you use the Site with their email domain.
This section of the policy applies to users that are located in the European Economic Area (EEA), Switzerland or United Kingdom (UK). Pixeldarts processes your personal data in accordance with European laws and regulations, such as the General Data Protection Regulation (GDPR) and UK General Data Protection Regulation (UK GDPR).
A. Controller’s details
For the purposes of the GDPR and UK GDPR, Pixeldarts is the controller of your personal data.
B.Legal bases for processing
If you are located in the EEA, Switzerland or UK, we need a lawful basis to collect, use and disclose your personal data as a controller. Our lawful basis will depend on the information concerned and the context in which it is processed.
Generally, Pixeldarts will collect and use your information as follows:
Contractual necessity: We need it to provide the Services to you and fulfill our obligations. For example, this includes creating and maintaining your account, resolving issues you may experience with the Services and providing you with access to your Requests.
Legitimate interests: Our legitimate interests include providing useful and customized Services, obtaining payment for our Services (if applicable), sending you relevant marketing messages, displaying advertising and tracking its effectiveness, using information we collect about you, like your spending, platform usage, occupation and employer so that we can make more informed predictions, decisions and offers for our users, helping users connect with team members and their employer’s subscription on the Site and enhancing our Services via research and development, data analytics, data labelling, machine learning and predictive analytics. We do not rely on this lawful basis where our legitimate interest is overridden by your interest in protecting your data.
Consent: You consent to us or have a reasonable expectation of us using your information in a certain way – for example, to hear about new features or offers.
Legal obligations: It is necessary for compliance with our legal obligations – for example, to disclose your information in response to law enforcement requests and to retain your information for our record keeping purposes.
If you consented to our use of your information, you can withdraw that consent at any time. Depending on the situation you can either withdraw your consent by emailing email@example.com, or through your account settings page.
Where we use your information for our legitimate interest, you have the right to object to that use by contacting firstname.lastname@example.org. However, if you do, it may diminish the quality of the Site or Services you receive or prevent you from using the Site.
C. Cross-border transfers of information
By signing up, you understand and agree that Pixeldarts will receive and process your personal data. We may transfer your personal data to other countries where our affiliates and service providers are located. Please note that some of these countries may have data protection laws that are different from your country (and, in some cases, may not be as protective).