2. Your right to protect your information
If you do not wish to have your information processed in accordance with this Policy, it is advised not to make use our online or mobile services.
By visiting this platform as well as making use of our services, you are agreeing to all the conditions as set forth below, unless you decided to opt out of them.
3. Who this policy applies to
This policy applies to all users of the Platform including, but not limited to users of our Vendor Portal.
4. What information is collected
We collect the following types of information about you:
(a) Information you provide us directly
We may ask for certain information when you register your account on the Platform to provide the best possible service we can. Furthermore, any correspondence you enter into with us (such as a username, your first and last names, birthdate, phone number, profession, as well as e-mail address).
We also collect any messages you send us through the Platform, and may collect information you provide in User Content you post to the Platform (such as text and photos you upload to use in your designs or posts in our community). We use this information to operate, maintain, and provide the features and functionality of the Platform to you, to correspond with you, and to address any issues you raise about the Platform.
If you do not provide your personal information to us, you may not be able to access or use our Platform or our Community or vendor portal. As a result, your experience of using our Service or Community may not be as enjoyable.
(b) Information we receive from third parties
Third-Party Log In’s
We may receive information about you from third parties. For example, if you access the Platform through a third-party connection or log-in, for example, through Facebook Connect, and linking your account to the Platform, etc. that third party may pass certain information about your use of this particular service to us.
This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service.
You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Platform. You may also unlink your third party account from the Platform by adjusting your settings on the third party service. If you unlink your third party account, we will no longer receive information collected about you in connection with that service.
Ad Servers, Ad Networks and Social Media Platforms
We may also receive information about you and your engagement with our advertisements from our ad servers, ad networks and social media platforms. If you choose to integrate with a third party application to incorporate elements into your designs, enhance media, supercharge your workflow or share to social media, we could receive data from such apps.
(c) Information we collect from you automatically
We automatically collect certain information from you, either via the Platform or by the use of third-party analytics tools, such as Google Analytics. This is to help us measure traffic, usage trends for the Platform, as well as further enhance the Platform for the best user experience.
The tools used to collect information, are in the form of cookies and are sent by your browser or mobile device. Not only does it include information about the pages you visit, but also other types of information as detailed in our Cookies Policy. It is advised to read this policy in depth to understand how you can clear your cookies.
(d) Log file information
Log file information is automatically reported by your browser or mobile device each time you access the Platform. When you use the Platform, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Platform, domain names, landing pages, pages viewed, and other such information.
(e) Location data
We collect data about your location in order to understand where its users are located for a number of reasons. This information helps us to localise and personalise content, undertake aggregated analytics, understand if its users are using the Platform for their personal, businesses or educational purposes, as well as to improve advertising efficiency and estimate the tax liability for certain jurisdictions.
We collect location data in the following ways:
from you, when you provide, correct or confirm your location ( e.g. when you purchase products from us); from your IP address; from our third-party partners and providers; and from your payment provider when you place an order.
(f) Web Beacons
When you use the Platform, we may employ web beacons (GIFs, tags and pixels) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear web beacons in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information, collected by third-party programs such as Mailchimp, Mailerlite, etc allows for more accurate reporting and improvement of the Platform.
(g) Device identifiers
When you access the Platform by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”).
Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by the Platform.
A device identifier may convey information to us about how you browse and use the Platform and may remain persistently on your device, to help you log in faster and enhance your navigation through the Platform.
In the event that your device identifiers is impaired or disabled, some features of the Platform may not function properly.
5. How your information is used
We use the information we collect about you for the purposes set out above which we have described in more detail below:
We use the information that you provide us to provide you with the best possible user experience of the Platform. This includes allowing you to log in to Kzara Visual, operating and maintaining the Platform, giving you access to your designs and billing you for transactions that you make via the Platform.
We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the Platform. Allowing you to participate in our Community so that you can view and share information in a forum about the Platform and connect with other users.
For data analytics: We use information about you to help us improve the Platform and our users’ experience. We monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns.
Customising the Platform for you: We use information you provide us and information about you to make sure that your use of the Platform is customised to your needs. For example, if you tell us your profession, the Platform will recommend designs that are likely to be relevant to you.
To communicate with you about the Platform: We use your contact information to get in touch with you and to send communications about critical elements of the Platform. For example, we may send you emails about technical issues, security alerts or administrative matters.
To promote and drive engagement with the Platform: We use your contact information to get in touch with you about features and offers relating to the Platform that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Platform, and your preferences. You can opt-out of getting these communications as described below.
For matters that you have specifically consent to: From time to time Kzara Visual may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.
For matters that we are required to use your information by law: Kzara Visual will use or disclose your information where we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Conditions or to protect the security or integrity of the Platform; and/or (c) to exercise or protect the rights, property, or personal safety of Kzara Visual, our Users or others.
6. Sharing your information
(a) Who we share your information with
Some of the third parties that Kzara Visual may share your personal information with include providers who assist Kzara Visual with functions such as:
Billing; Customer support and customer management; Email services; Hosting and storage; Analytics; Data labelling and machine learning; Security; Advertising and marketing
services; Delivery of physical products; and other service providers.
(b) Who you can choose to share your User Content with
Any information or content that you voluntarily disclose to the Platform, such as public User Content (including Community Content as defined below), becomes available to be read, collected and used by the public. When you set your profile to public, join our Community or make User Content public, your information becomes publicly available globally, searchable by other Users and can be indexed by search engines.
If you or Kzara Visual remove information that you posted to the Platform, copies remain viewable in cached and archived pages of the Platform, or if other Users have copied or saved that information. In the Community, your posts and other information will remain accessible (but with your profile information removed where possible – this may have been indexed by search engines or copied by other Users or included in the body of posts) to ensure the continued functioning of the Community.
In the event of sharingour designs to your social media accounts, including LinkedIn, Facebook, Twitter, Pinterest, Tumblr and others, you should ensure that you familiarise yourself with the privacy policies of each of these services.
(c) Sharing with other third parties
Kzara Visual will also share your information with third parties in certain circumstances, such as where:
We are required to do so as a result of a court order, subpoena or other legal requirement; we believe that it is necessary to protect you or Kzara Visual or other people from harm, such as where we consider that there is a need to investigate or warn of potentially fraudulent, malicious or criminal activity or remove malicious content. For example, this may involve sharing details of an account or website engaged in phishing or a breach of our Terms and Conditions with take down services, intelligence sharing services, law enforcement bodies or on public websites;
You have consented to our sharing of information with a third party for a particular purpose; You or your account administrator may also choose to work with third party applications from within the Platform so that you can incorporate elements into your designs (e.g. YouTube and Google Drive), enhance your media (e.g. with dutone and shadows) or supercharge your workflow (e.g. with LinkedIn or Slack). For example, you may install a third-party document sharing app in order to store, share and edit content through the Platform.
If you object to information about you being shared with these third parties, do not install the app.
(d) Ads on and from Kzara Visual
We partner with third party ad servers, ad networks and social media platforms (including, but not limited to Facebook and Google) to deliver personalized advertisements (“ads”) on the Platform and other sites that may be of interest to you and/or to measure their effectiveness. Kzara Visual may share certain information with our third party advertising partners, such as your email address, location, cookie information and information relating to your use of the Platform, and allow partners to perform a match of your information against information from other third party networks or sites to serve ads either on the Platform or on third party sites (including, but not limited to Facebook and Google) and to measure the effectiveness of these ads. You can opt out of having your email matched by emailing firstname.lastname@example.org.
Kzara Visual does not sell, rent, or share the information we collect directly from you or about you from third parties with these third-party ad servers or ad networks for such parties’ own marketing purposes.
Please note that an advertiser may ask Kzara Visual to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, Kzara Visual determines the target audience and Kzara Visual serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience that they are trying to reach.
7. How we store, protect and transfer your information
(a) Storing of information
Your information collected through the Platform will be stored and processed in Switzerland as well as any other country in which Kzara Visual or its subsidiaries, partners, affiliates or service providers maintain facilities. Kzara Visual transfers information that we collect about you, including personal information, to affiliated entities, and to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
As a result, we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. However, we always take steps to ensure that your information remains protected wherever it is stored and processed in accordance with applicable laws.
(b) Keeping your information safe
Kzara Visual cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Platform. 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 Kzara Visual, at all times. However, Kzara Visual cannot ensure or warrant the security of any information you transmit to Kzara Visual or guarantee that information on the Platform may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Kzara Visual Platform, such as, but not limited to social networks. Kzara Visual is not responsible for the functionality or security measures of any third party, whatsoever.
(c) Compromise of information
In the event that any information under our control is compromised as a result of a breach of security, Kzara Visual will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
8. Your choices about your information
(a) You control your account information and settings
You may update your account information by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests.
You may not opt out of service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Platform, technical and security notices) although you can object to us providing these emails by emailing email@example.com.
(b) Opting out of collection of your information
Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device.
Note that disabling cookies and/or other tracking tools prevents Kzara Visual or its business partners from tracking your browser’s activities in relation to the Platform, and for use in targeted advertising activities by Kzara Visual, including via third parties’ websites. However, doing so may disable many of the features available through the Platform. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, please read our Cookies Policy.
If you want us to stop collecting information about you, there may be some settings you can adjust in your browser or device. This will however disable some of the funcitionality of the Platform by doing so.
(c) Rights in respect of your Information
The laws of some countries grant particular rights in respect of personal information. In certain circumstances, users in the EEA have the right to:
Request a copy of your information;
Request that we correct inaccuracies relating to your information;
Request that your information be deleted or that we restrict access to it;
Request a structured electronic version of your information;
and object to our use of your information.
Should you wish to make a request in respect of your personal information please contact us at firstname.lastname@example.org. You also have the right to object to our processing of personal data about you in order to send you marketing and we will stop processing data for that purpose.
In some circumstances Kzara Visual will not be able to comply with a request that you make in respect of your personal data. If we are unable to remove any of your information, we will let you know why. For example, we may not be able to provide a copy of your information where it infringes on the rights of another User. For our Community, we will remove your profile information where possible , but this may have been indexed by search engines or copied by other Users or included in the body of posts. We may also be required to retain certain information that you ask us to delete for various reasons, such as where there is a legal requirement to do so.
In some cases, you may have shared your information with third parties, such as by publishing a design on a third party’s website. In that case Kzara Visual will not be able to delete the information, and you will need to contact that third party directly.
If we are unable to resolve your request, or if you are concerned about a potential violation, you also have the option to report the issue or make a complaint to the data protection authority in your jurisdiction. Where you have provided your consent to certain processing and no longer want us to use your information for that purpose, you may withdraw your consent to this use, although this will not affect the lawfulness of processing based on consent before its withdrawal. Please see paragraph “You control your account information and settings” for more options on how to opt-out of marketing communications.
9. How long we keep your information
Following termination or deactivation of your User account, Kzara Visual will retain your 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, Kzara Visual will retain your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.
10. Links to other websites and services
Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on the Kzara Visual Platform, are subject to that third party’s own rules and policies. In addition, you acknowledge that we are not responsible for and we do not exercise control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like, but not limited to Facebook) and you allow such a third-party access to your User Content you do so at your own risk.
11. Additional information for users in Europe
This section of the policy applies to Kzara Visual users that are located in the European Economic Area (EEA), Switzerland or United Kingdom (UK). Kzara Visual 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) 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. Our lawful basis will depend on the information concerned and the context in which it is processed.
(b) Generally, Kzara Visual will collect and use your information only where:
We need it to provide you the Platform and fulfil our obligations to you under our Terms and Conditions Policy. This includes providing you with access to the information that you create in your designs. It is in our legitimate interests to do so. Our legitimate interests include providing a useful Service, obtaining payment for our Service (if applicable), sending you relevant marketing messages and advertising and tracking its effectiveness and enhancing the Platform via research and development, data analytics, data labelling and machine learning. We do not rely on this lawful basis where our legitimate interest is overridden by your interest in protecting your data.
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.
It is necessary for compliance with our legal obligations.
If you have 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 are using your information because of a legitimate interest to do so, you have the right to object to that use.
However, if you do so it may mean that it is not possible for you to continue using the Platform.
(c) Cross-border transfers of information
By signing up, you’ve consented to Kzara Visual receiving your personal data. For users in the EEA, Switzerland and the UK, where we transfer your information to a third party provider that is not located in the Europe, and is not in a country that benefits from an adequacy decision by the European Commission, we will require those third party providers to enter into an agreement that provides appropriate safeguards for your information, including by using the EU Model Clauses.
12. Changes to this Policy
We may update this policy from time to time to reflect our current practice and ensure compliance with applicable laws. When we post changes to this policy, we will revise the “Last Updated” date at the top of this policy. If we make any material changes to the way we collect, use, store and/or share your personal information, we will notify you with a notice on the Platform and/or by sending an email to the email address that is associated with your Kzara Visual account. We recommend that you check this page from time to time to inform yourself of any changes that has come into effect.
13. Contact Us