Privacy Policy

Effective date: November 29, 2021

This Privacy Policy describes how we collect, use, process, and disclose your information, including personal information, in conjunction with your access to and use of our Website and Platform: www.descign.com (“Website”); “app.descign.com” (“Platform”) (including when accessed via and/or hosted on other mobile and tablet devices, including by way of mobile applications (as and when made available).
If you see an undefined term in this Privacy Policy, it has the same definition as in our Terms of Service/ Terms of Subscription (as applicable).
When this policy mentions “Descign” “we,” “us,” or “our” it refers to the “Descign AI LLP”; the company responsible for your information under this Privacy Policy. The term “User” shall as the case and context and be, shall mean either a person visiting the Website/ and/or being a registered user of the services as are provided on the Website and/or is purchasing and goods/services as listed out in the Website and the Platform.
The Website and the Platform uses a third-party payment gateway, and you will also provide your information, including personal information, to the same when you are making a payment towards the goods and/or services that you may avail from the Website. Your private and personal information to such payment gateway shall be governed by that Payment Gateways’ own privacy policy which you may access from the payments page.

1. INFORMATION WE COLLECT
a.
Information You Give to Us. Information that is necessary for the use of the Website and Platform. We ask for and collect your personal information about you when you use the Website and Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
b. Account Information. When you sign up on the Website and/or the Platform, we require certain information such as your first name, last name, email address, phone number, and in the event, you are service provider and/or seller selling goods on the Website, then the documentation as required and detailed in Terms of Services.
c. Payment Information. To use certain features of the Website and Platform (such as to make payment towards the subscription/products and/or services), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments via the payment gateway.
d. Communications with Descign. When you communicate with Descign or use the Website and/or the Platform to communicate with us, we collect information about your communication and any information you choose to provide.
e. Information you choose to give us. You may choose to provide us with additional personal information in order to obtain a better user experience when using the Website and/or the Platform. This additional information will be processed based on your consent.
f. Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, respond to surveys, post to community forums, participate in promotions, or use other features on the Website and/or the Platform (if available and applicable).
g. Information provided to the payment gateway. The payment gateway may require the information as is necessary for the adequate performance of processing your payments and to comply with applicable law(s) (such as anti-money laundering regulations). Without it, you will not be able to use the payment gateway. Such information that
is collected will be controlled by and shall be liable to be protected by the payment gateway provider under its own terms of service and privacy policy.
h. Information We Automatically Collect from Your Use of the Website and Platform. When you use the Website and the Platform, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Website and the Platform.
i. Geo-location Information. When you use certain features of the Website and the Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. The Website and the Platform may also collect this information even when you are not using the Website and/or the Platform if this connection is enabled through your settings or device permissions.
j. Usage Information. We collect information about your interactions with the Website and the Platform such as the pages or content you view, your searches for a product/service that is provided by Descign, and other actions on the Website.
k. Log Data and Device Information. We automatically collect log data and device information when you access and use the Website and/or the Platform, even if you have not created an account with Descign and/or the Website or are not logged in on the Platform. That information includes, among other things: details about how you’ve used the Website and/or the Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Website and/or the Platform.
l. Cookies and Similar Technologies. We use cookies and other similar technologies. We may also allow our business partners to use these tracking technologies on the Website and/or the Platform or engage others to track your behavior on our behalf. Our Cookie Policy is available for your information.
m. Information We Collect from Third Parties. Descign may collect information, including personal information, which others provide about you when they use the Website or reach the Website through a third-party, or obtain information from other sources and combine that with information we collect through the Website. We do not control, supervise or are responsible for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
n. Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. We may receive information about you and your activities on and off the Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2. HOW WE USE INFORMATION WE COLLECT:
a. We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Website and the Platform, create and maintain a trusted and safer environment and comply with our legal obligations and enable you to access and use the Website and/or the Platform.
b. We may use the information to operate, protect, improve, and optimize the Website and the Platform and experience, such as by performing analytics and conducting research.
c. Provide customer service. Send you service or support messages, updates, security alerts, and account notifications.
d. If you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations (if and when applicable), (ii) send your requests for references, (iii) for fraud detection and prevention, (iv)to facilitate the use of the goods and/or services purchased by you; and (v) for any purpose you authorize at the time of collection.
e. Create and maintain a trusted and safe environment.
f. Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
g. Conduct security investigations and risk assessments.
h. Verify or authenticate information or identifications provided by you.
i. Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required.
j. Comply with our legal obligations.
k. Enforce our Terms of Service, Terms of Subscription and other legal policies.
l. We process this information given our legitimate interest in protecting the Website and the Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
m. We may use the information shared by you to send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Descign, the Website, the Platform or partner campaigns and services) and social media advertising through social media platforms (such as Facebook or Google).
n. We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications.
o. Lawful bases for processing: We have lawful basis to process your personal data. We also use your consent as bases for lawfully processing your personal data.
We process your personal data only when we have a lawful basis. The User Data is processed upon signing accepting the terms of service/ terms of use/ subscription forms between Descign and its customers and consents, which forms the lawful basis for processing personal data. For certain processing, such as specific direct marketing, we may also use legitimate interests as provided under the Data Protection Regulations.
3. SHARING AND DISCLOSURE:
a. With Your Consent. Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your
registered account or when you participate in promotional and/or other activities conducted by Descign, its partners or third parties.
b. Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights. Descign may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Descign, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, or (v) to protect the rights, property or personal safety of Descign, its employees, its affiliates, directors or members of the public at large.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Website secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Where appropriate, we may notify you about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Descign and its Website. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that User about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
c. Service Providers. Descign uses a variety of third-party service providers to help us provide services related to the Website and the Platform. These service providers may help us to perform product development, maintenance and debugging, allow the provision of our services through third party platforms and software tools, or provide customer service, advertising, or payments services or any other services. These providers have limited access to your information to perform these tasks on our behalf and are required to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.
d. Social Media Platforms. Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our website or otherwise promote our products and services or the Website. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. The social media platforms with which we may share your personal data are not controlled or supervised by Descign. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask Descign to cease processing your data for these direct marketing purposes by sending an e-mail to support@descign.com
4. OTHER IMPORTANT INFORMATION
a. Analyzing your Communications. We may review, scan, or analyze your communications on the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
b. Google Maps/Earth/Similar applications. Parts of the Website and the Platform may use Google Maps/Earth services/Similar applications, including their API(s). Use of such application and services is subject to their respective Additional Terms of Use and the Privacy Policy.
5. THIRD PARTY PARTNERS & INTEGRATIONS
The Platform may contain links to third party websites or services, such as third-party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Descign doesn’t own or control these Third-Party Partners and when you interact with them, you may be providing information directly to the Third-Party Partner, Descign, or both. These Third-Party Partners will have their own policies for use, protection and disclosure of personal information. We encourage you to review the privacy policies of the other websites you visit.
6. YOUR RIGHTS
a. You are responsible for keeping your personal information up-to-date. You have the right to ask us to correct inaccurate or incomplete personal information concerning you.
b. In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. We generally retain your personal information forever in order to comply with our legal obligations. If you no longer want us to use your information to provide the services/access to the Website to you, you can request that we erase your personal information. Please note that if you request the erasure of your personal information:
i. We may retain some of your personal information as necessary for our legitimate business interests;
ii. We may retain and use your personal information to the extent necessary to comply with our legal obligations;
iii. Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible.
c. Withdrawing Consent and Restriction of Processing. Where you have provided your consent to the processing of your personal information by Descign you may withdraw your consent by sending an e-mail to support@descign.com. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal.
d. We do not sell your personal information for processing by direct marketing agencies. We may however use your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Descign will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
e. Data Retention Policy: Subject to the other provisions of this policy, you may note that we will retain your personal information for as long as is needed to fulfil the purposes outlined in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).
User Data – We retain your information for as long as you continue to use the Website and use the Services. We may also retain your personal information for extended period under applicable statutory laws.
Descign will retain User Data in accordance with a User’s instructions, including any applicable terms in the terms of service/subscription and as required by applicable laws. When the subscription to use the Services expires, then we delete all personal information about you within a specific period.
We may retain Other Information pertaining to you for as long as necessary for the purposes described in this Policy.
7. DATA PROTECTION AND SECURITY:
a. Descign maintains reasonable and appropriate security measures to protect the User Data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Examples of security measures include Cyber security
controls, Due diligence on our 3rd party service providers, Data encryption in transit and at rest, logging and monitoring for threats and vulnerabilities, Access management etc.
b. Descign uses systems as prescribed under the appropriate and applicable laws (of the jurisdiction where your data is being processed) and requisite privacy laws in order to protect the personal information shared by you. All necessary means have been employed to ensure that your personal information remains protected.
c. We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration.
d. If you know or have reason to believe that your credentials as shared with Descign via the Website have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of the information shared by you, please contact us.
8. GDPR COMPLIANCES AND CROSS BORDER DATA TRANSFERS
If you are at this page, then you are a client/customer/user, who are EU Residents, to whom the General Data Protection Regulations apply. The General Data Protection Regulation (“GDPR”) (EU) 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union. It also addresses the export of personal data outside the EU. The GDPR places limits on the gathering and use of personal data and establishes clear responsibilities for companies that collect it, as well as clear rights for people whose data is gathered.
We have servers in India, USA and in the EU Region. Your data will be stored and processed in the servers accordingly.
In the event you are an EU based User, your data will be processed in the EU region. Else, your data will be processed within Third Party Data Centres, which in case of (i) an Indian User shall be AWS in India; and (ii) other Users shall be AWS in USA.
Descign offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Users that operate in the European Union, and other international transfers of User Data. These clauses are contractual commitments between parties transferring personal data binding them to protect the privacy and security of the data.
Cross border data transfer happens only to the sub processors who may have their servers all over the world. We do however only choose GDPR compliant 3rd parties and have data processing agreements with them.
9. USERS UNDER 16 YEARS OF AGE:
If you are under the age of 16, you are not permitted to use the Website and Services or to disclose Personal Information. If we learn we have collected or received Personal Information from a child under 16, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.
10. CHANGES TO THIS PRIVACY POLICY: We reserve the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Platform and update the “Last Updated” date at the top of this Privacy Policy. Your continued access to or use of the Platform will be subject to the revised Privacy Policy.
11. CONTACT US
If you have any questions or complaints about this Privacy Policy or Descign’s information handling practices, you may email us or contact us at:
E-mail id: support@descign.comContact Information: Vishal Gupta