The Design POP Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THEDESIGNPOP.COM OR ITS THE RELATED WEBSITES OR MOBILE APPLICATIONS (COLLECTIVELY, THE "SITE"). YOUR ACCEPTANCE OF THIS PRIVACY POLICY GOVERNING YOUR USE OF THE SITE IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

1. General. DesignerX LLC, a Minnesota limited liability company, d/b/a The Design POP (referred to herein as “The Design POP,” “we,” “us,” or “our”) designs and operates its Site located at https://thedesignpop.com with the goal to protect your privacy and further comply with our Site privacy policy (“Privacy Policy”). By accessing, receiving, downloading, syncing, using, or possessing or continuing to access, receive, download, sync, use, or possess software, toolbars, user interfaces, applications, and associated media ("Software") for use with desktop computers, via the Internet, or via wireless or other handheld or mobile devices ("Hardware"), printed, online, and electronic materials associated therewith ("Documentation") and data, materials, and content ("Data") (collectively Software, Data, and Documentation to be known as "Products" herein) submitting a registration form, or clicking the "I Agree" or "Continue" buttons when prompted and completing the registration form, you are entering into this Agreement with The Design POP, and you hereby acknowledge and agree to the validity and applicability of the Privacy Policy. 

2. General Data Protection Regulation. The General Data Protection Regulation (“GDPR”) applies to the processing of personal data in the context of the activities of an establishment in the European Economic Area (“EEA”), as well as to firms outside the EEA that process personal data relating to the offering of services to individuals in the EEA. Please note that certain sections of this Privacy Policy, as identified below, only apply where the GDPR applies to the processing of your personal data. 

3. Purpose of Information. We use your personal data to (1) correspond with you, send you information or promotional materials that you have requested through our Site, by email, or telephone request; (2) correspond with third parties such as service providers, legal advisors, auditors, and technology providers and regulatory authorities to comply with any legal obligation imposed on us or in order to pursue our legitimate business interests; (3) maintain our records; and (4) operate the Site and perform the Services, include analyzing your use of our Site.

4. Information collected. We collect certain identifying information from or about you in connection with your use of the Services, including, without limitation, any information that may be used to identify an individual such as a first and last name, business details, a phone number, or an email address. The purposes for which we may collect, store, and use personal data about you and our ‘lawful basis’ for processing such data are set out below. 

5. Lawful Basis for Processing. Our base for processing your data include (1) our legitimate interests in responding to your inquiry, sending you the information you have requested, or otherwise communicating with you in the course of our business; (2) compliance with applicable legal obligations; (3) our legitimate interests in conducting our business in a proper manner; and (4) our legitimate interests in studying how our Site and Services are used, keeping our Site updated and relevant, developing our business and informing our marketing strategy, and where required by law, to do so or if we reasonably believe that it is necessary to protect our rights or to comply with judicial or regulatory proceedings, a court order, or other legal process. 

6. Information Sharing. We do not sell, rent, or lease our user lists or the identity of individual users to third parties. The Design POP does not disclose personal data about its clients to non-affiliated third parties, except as required or permitted by law, for its everyday business purposes (such as to process transactions or service a client account). Under certain circumstances, The Design POP may also disclose Collected Information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose Collected Information to establish or exercise our legal rights, to enforce the Terms of Usage (the “Terms”), to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person. We share your information with (1) our affiliates or subsidiaries with respect to company performance or for marketing and business development; (2) professional advisers including lawyers, bankers, auditors, and insurers; and (3) regulators and other service providers.

7. Information Collection. We collect personal and non-personal data about you when you provide information to us when communicating or transacting with us in writing by filling in forms or by corresponding with us by mail, telephone, e-mail, or otherwise. As you interact with our Site, we may automatically collect technical data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We adhere to the standards set out in this Privacy Policy and do not monitor or follow any “do not track” browser requests.

8. Information Retention. We will retain your personal data for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements and our legitimate interests in maintaining such personal information in our records. In doing this we will have regard to the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means and the applicable legal requirements. Generally, we will keep information relevant to our dealings with you for a minimum period of seven years following the last date of activity or longer as required by applicable law or regulation. Once we no longer require your personal data for the purposes for which it was collected, we will securely destroy your personal data in accordance with applicable laws and regulations.

9. Policy Changes. We may change this Privacy Policy at any time. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All such updates and amendments are effective immediately upon posting a revised version of this Privacy Policy or other notice on the Site. You should view this Privacy Policy often to stay informed of changes that may affect you. We expressly reserve the right to make any changes to this Privacy Policy at any time, without prior notice to you. The version of this Privacy Policy posted on the Site on each respective date you visit the Site shall be the Privacy Policy applicable to your access and use of the Site on that date.

10. User Choices. When submitting information, corresponding, making requests for information, and otherwise interacting with The Design POP and its representatives through or in connection with the Site, you choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. You are not required or obliged to share such information and should only share information that you believe is necessary or appropriate. However, please note that our Site may automatically collect certain technical data.

11. User Rights. Where the GDPR applies to the processing of your personal data, you have rights as an individual which you can exercise in relation to the information we hold about you under certain circumstances. These rights are to (1) request access to your personal data (commonly known as a “data subject access request”) and request certain information in relation to its processing; (2) request rectification of your personal data; (3) request the erasure of your personal data; (4) request the restriction of processing of your personal data; (5) object to the processing of your personal data; and (6) request the transfer of your personal data to another party.

If you want to exercise one of these rights please contact us at [email protected]. You also have the right to make a complaint at any time to a supervisory authority for data protection issues. 

12. User Requirements. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

13. Information Protection. While The Design POP takes commercially reasonable measures to secure and protect information transmitted via the Site, no security system is impenetrable. We cannot guarantee that information that users of our Site may happen to transmit or otherwise supply will be totally secure. You agree to immediately notify us of any breach of the Site’s security, this Privacy Policy, or the Terms of which you become aware.

14. User-Provided Content. Any information, communications, or material of any type or nature that you submit to the Site by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk. We cannot control the actions of other users and we are therefore not responsible for any Submissions contained on the Site. By visiting any of our pages that are contained on the Site, you are representing and warranting to us that you have reviewed this Privacy Policy and the Terms and that you will abide by all such provisions contained therein.

15. Visiting the Site from Outside the United States. If you are visiting the Site, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored, or processed in the United States as our Site is hosted there. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. Where this is the case, we will put in place appropriate safeguards such as the EEA-approved standard contractual clauses to ensure that your personal data is treated in a manner that is consistent with and respects the EEA laws on data protection. 

This Privacy Policy was last updated on April 1, 2021.