Privacy Policy

Cosmic Privacy Policy

PRIVACY POLICY

1. YOUR PRIVACY: OVERVIEW

This privacy policy (this "Privacy Policy") tells you about the information that Design by Cosmic, Inc. ("COSMIC," "we," "us" or "our") collects in connection with the operation of our website (designbycosmic.com) and all related online services offered by COSMIC (collectively, the “Service”), how the information is used and how you can access and correct certain information that we may collect.

By using the Service, you consent to the collection and use of your personal information as described in this Privacy Policy. Please note that this Privacy Policy applies only to information collected from you by COSMIC via the Service. It does not apply to information obtained or disclosed in offline correspondence or through other personal contacts with COSMIC representatives. Further, the Service may contain links to other entities' websites that are not controlled or operated by COSMIC. This Privacy Policy does not apply to such third-party websites, and COSMIC is not responsible for the content of such third-party websites or the privacy practices of such third parties. Therefore, we encourage you to request and review the privacy policies of any third parties upon disclosing your information to such parties or visiting such third-party websites.

This Privacy Policy is effective as of November 12, 2018.

2. COLLECTION OF YOUR INFORMATION

You can access some areas of the Service without submitting any personally identifiable information. COSMIC collects personally identifiable information only if you choose to subscribe to email newsletters or to request information or assistance through the Service. The personally identifiable information that COSMIC collects through these portions of the Service may include your name, email address, telephone number, and any other personally identifiable information that you choose to include in your submissions to us. You represent and warrant that you have the right and authority to provide any information provided by you. Through requesting active user consent, COSMIC may also collect certain non-personally identifiable information in connection with the operation of the Service, including IP addresses, browser or operating system information, data on advertisements or links on which you click, and the websites that you visit before or after you visit the Service. COSMIC will obtain consent explicitly from users through clear affirmative acts. Such information and consent records are maintained by COSMIC or service providers acting on behalf of others.

3. PROTECTION OF YOUR INFORMATION

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, COSMIC uses physical, technological and administrative procedures to attempt to protect the personally identifiable information we collect through the Service. COSMIC takes these extensive measures to secure users’ data. Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Service may be read or intercepted by others, and users of the Service may be able to view your information. If you have any questions about the security of personally identifiable information collected by COSMIC, please contact us at support@designbycosmic.com.

In the event of a data breach, COSMIC would aim to detect the data breach and report it to the appropriate authorities within 72 hours. Also, if the security of user data is put at risk, then COSMIC will inform the affected or potentially affected users about the personal data breach within 72 hours.

4. USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

If you sign up for our email newsletters, we may collect your name, email address, and browser and device information.

We may store details of users’ visits, such as pages visited, browser details, and interactions with any emails that we send to users. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

We may collect information about the computers, phones, or other devices where users access or install our Services, depending on the permissions each user has granted. This information may include the following: attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, device identifiers; device locations, including specific geographic locations, such as through GPS, Bluetooth, or Wi-Fi signals; connection information, such as the name of the mobile operator or ISP, browser type, language and time zone, mobile phone number, mobile ad ID, and IP address.

Upon our collection of your personally identifiable information, COSMIC may use such personally identifiable information internally, separately or in combination with pre-existing information, for the following purposes:

  • To provide any requested information, products or services;
  • To enhance user experience;
  • For internal aggregation purposes;
  • To troubleshoot problems with the Service;
  • To customize your experience on the Service;
  • To enforce our Terms of Service or compliance with this Privacy Policy; or
  • To contact you with more information about COSMIC and its products or services;

Personally identifiable information collected on the Service may be stored and processed in the United States, Canada or abroad.

5. DISCLOSURE OF YOUR INFORMATION

We may disclose your personally identifiable information to our subsidiaries or affiliates and to third-party partners whom we occasionally hire to provide services on our behalf, including support services, website services, delivery of promotional materials, the answering of customer questions about our services, and new services. COSMIC will only provide those third-party partners with the personally identifiable information they need to deliver the services to us and/or on our behalf, and they will be contractually prohibited from using that information for any other purpose. One such company that we use to provide us with support services is Hubspot. You can find out more about them at www.hubspot.com and their privacy policy is found at https://legal.hubspot.com/privacy-policy.

In the event that COSMIC is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of COSMIC assets, your personal information may be transferred to the other party in such transaction.

COSMIC reserves the right to disclose your personally identifiable information if required to do so by law or legal process or otherwise requested by any law enforcement officer or agency acting under color of law. In addition, COSMIC reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to do the following: (a) protect and defend the rights or property of COSMIC, or (b) act in urgent circumstances to protect the safety or security of the public or of users of COSMIC products and the Service.

6. COOKIES

COSMIC may also use cookies to gather information about your visits to the Service in order to enhance your experience. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Service and that information helps us to understand your preferences and improve your experience with the Service. Cookies are also used for such activities as remembering your user name and password, if necessary. You can turn off all cookies in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, Chrome, Internet Explorer and Edge). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Service.

7. WEBSITE ANALYTICS

COSMIC may use third-party services to help analyze how you use our Service. These analytic services use cookies, (see, Section 6). The information generated by the cookie about your use of the Service is transmitted to the Service. This information is then used to evaluate various uses of the Service and to compile statistical reports on Service activity for us, and us alone. We will never (and will not allow any third party to) use these analytics service tools to track or to collect any of your personally identifiable information.

8. NO SPYWARE OR ADWARE

We do not install any spyware or adware in connection with our Service or distribute any commercial message or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to or installed on an Internet user's computer or device, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine or device, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.

9. YOUR PRIVACY RIGHTS

If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party's direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request, please contact COSMIC through the email address or physical address as follows: support@designbycosmic.com or 115 Cooper St., Santa Cruz, CA 95060.

COSMIC complies with the provisions of the General Data Protection Regulation (“GDPR”) made effective in the EU on May 25, 2018, even though our Service is not generally targeted toward members of the EU. COSMIC is committed to protecting the security of your personal information, and we take commercially reasonable technical and organizational measures that are designed to that end.

You have the right to obtain the following: (i) confirmation of whether, and where, COSMIC is processing personally identifiable information; (ii) information about the purpose of the processing; (iii) information about the categories of data being processed; information about the categories of recipients with whom the data may be shared; information about the period for which the data will be stored (or the criteria used to determine that period); (iv) information about the existence of the rights to erasure, to rectification, to restriction of processing and to object to processing; (v) information about the existence of the right to complain; and (vii) information about the existence of, and an explanation of the logic involved in, any automated processing that has a significant effect on your personally identifiable information.

Additionally, you may request a copy of your personally identifiable information being processed, which will be provided to you within one month of COMSIC receiving a request, unless such action is otherwise impossible or commercially unreasonable.

10. RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

The personally identifiable information that you provide will be stored and maintained by COSMIC until you instruct us otherwise, or, in our sole discretion, for the longer of either of the following: (a) for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected (approximately six (6) months) or (b) for so long as we are required to maintain such information by law or other applicable rules or regulations.

Additionally, you have the right to be erased from COSMIC’s records upon request unless COSMIC has a legal reason to hold your information. You can submit their requests in writing to support@designbycosmic.com.

11. CHILDREN'S PRIVACY

COSMIC recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Service is not intended for children under the age of 13. COSMIC does not target its Service to children under 13. COSMIC does not knowingly collect personally identifiable information from children under the age of 13.

12. CHOICE AND OPT-OUT PREFERENCES

COSMIC does not collect your personally identifiable information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from COSMIC (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast email that is sent to you by COSMIC. If, at any time, you prefer not to receive any other form of communication from COSMIC, you will have the ability to unsubscribe from such communications by contacting us at support@designbycosmic.com.

If you choose to sign up for email communications from us, we comply with the CAN-SPAM Act. This means that we will utilize email to communicate with you for a number of purposes, including marketing and promotion of our services. In compliance with the CAN-SPAM Act we agree to the following: (a) not to use false or misleading subjects or email addresses; (b) to identify advertisement in some reasonable way; (c) to include the physical address of our business; and (d) to allow users to unsubscribe by using the link at the bottom of each email. In the event that we use a third-party email marketing service we will monitor the service for compliance with the foregoing.

13. ACCESS AND ACCURACY

COSMIC will use commercially reasonable efforts to provide access to your personally identifiable information if you request such access in writing submitted to support@designbycosmic.com.

COSMIC reserves the right to deny access to your personally identifiable information: (a) when such denial of access is required by law; (b) when granting you access is reasonably likely to negatively impact other people's privacy; (c) when granting such access is cost prohibitive; (d) when denying access is necessary to protect our rights and property; or (e) when such requests are frivolous or made in bad faith.

If you believe that the personally identifiable information maintained by COSMIC about you is inaccurate or incomplete, you may notify COSMIC in writing describing in detail any inaccuracies or omissions, submitted to support@designbycosmic.com. Following receipt of such a properly submitted written notice, COSMIC will, within a reasonable time period, use commercially reasonable efforts to, in its sole discretion, either: (i) amend or correct your personally identifiable information to reflect corrected or additional information provided by you, or (ii) in connection with your personally identifiable information, make note of any claimed inaccuracies or omissions reflected in the notice submitted by you.

14. YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND REVISIONS TO THIS PRIVACY POLICY

By using the Service, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Service. COSMIC reserves the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. All revisions will be posted to the Service. We urge you to review this Privacy Policy frequently for changes. Your continued use of the Service means that you accept those changes.

15. QUESTIONS OR COMMENTS

COSMIC welcomes questions and comments about this Privacy Policy. Questions or comments should be directed to COSMIC’s privacy policy compliance department:

VIA EMAIL:

support@designbycosmic.com

VIA U.S. MAIL:

DESIGN BY COSMIC, INC.

115 Cooper St.

Santa Cruz, CA 95060