Privacy and terms

Last modified: January 27, 2018

Privacy policy

Designation Labs, LLC (“Designation”, “we”, “us”, or “our”) protects your privacy and security with the same tenacity we employ with our business. We know that privacy is important and are providing this privacy policy (“Privacy Policy”) to communicate our policies with respect to your information when you use our website (the “Platform”) or any service made available through the Platform (together with the Platform, the “Services”). Any defined terms used but not defined in this Privacy Policy are defined in the Terms located below. By accessing the Platform or using the Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

What information do we collect?

Personal information. By accessing the Platform and using the Services, we may collect information that can personally identify you (“Personal Information”), for example, when you subscribe to our newsletter, fill out a form or apply for a course on the Platform. Such Personal Information may include, without limitation your name, email address, and phone number. We may use your Personal Information to provide the Services to you, personalize your experience on the Platform, and to contact you and to notify you of (x) new services you may be interested in (including without limitation, contests, promotions or surveys), (y) changes to the Services, or (z) third-party services that may be of interest to you. Except as specifically stated in this Privacy Policy, we do not sell your Personal Information or disclose it to third parties.

Usage information. We may also collect non-personal statistical information that does not individually identify you. This includes non-personal statistical information about your Internet connection, the equipment that you use to access our Services, and how you use our Services. We refer to this information as “Usage Information”. Usage Information automatically collected by using cookies, pixel tags, web beacons, devise identifiers and other similar technology. This Usage Information allows us to optimize the Services to the Internet connections and equipment that are used to visit the Platform. For instance, in order to make the Services better, we may collect information on how long you use the Services, whether you have used the Services before and on how many occasions, how frequently you use the Services, and at which point you exit the Services.

Third-party service providers and links to third-party sites

We do not sell, trade, or otherwise transfer your Personal Information to outside parties. We may however, share your Personal Information with third parties service providers who assist us in operating our website, conducting our business, or providing the Services to you, all of whom are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them (“Service Providers”). Service Providers perform tasks including, but not limited to, verifying information that you provide, as web hosting, credit card payment processing, ACH payment processing and email management. Some Service Providers will collect information directly from you and provide us with relevant data. We may use this information to carry out our obligations and enforce our rights arising from any policies or contracts entered into, including for billing and collection. Information collected from these third-party services is governed by their privacy policies. You should view the privacy policies of Service Providers before providing information to them. If you interact with a third party, the third party may have access to your Personal Information, even though we do not disclose your Personal Information for these purposes without your consent.

We may provide links to other websites in a format that enables us to keep track of whether and how often these links have been followed. Once you leave the Platform by linking to another site, we assume no responsibility for the information collection or privacy practices of that site and you should read their privacy notice before providing any information.

Disclosure of information

We may disclose Usage Information and aggregated information that does not personally identify you without restriction. This information cannot be used to personally identify our users. We do not disclose your Personal Information except in the circumstances described here:

  • Your consent: We may share or disclose your Personal Information or any other information you provide to us, at your direction, in connection with your use of the Services and to fulfill the purpose for which you provide it. For example, to process a transaction on the Platform.
  • Service providers: We may share your Personal Information with or disclose it to Service Providers use to support our business, all of whom are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
  • Business transfers: In the event that we are involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, your Personal Information held by us may be among the assets transferred.
  • Law and harm: Notwithstanding anything to the contrary in this Privacy Policy, we may disclose or share your Personal Information in order to comply with any court order, law, or legal process, including to respond to any government or regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Designation, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
  • Enforcement: We may disclose your Personal Information in order to enforce or apply our Terms and other agreements, including for billing and collection purposes.

Choices about how we use and disclose your information

We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking technologies: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that many parts of the Platform and Services may then be inaccessible or will not function properly.
  • Email communications: If you do not wish to have your email address used by us to promote our own services or third parties, you may opt-out of receiving to such promotional messages by selecting the “unsubscribe” button as provided on any email communication from us.

How do we protect your information?

We implement a variety of commercially reasonable measures security to maintain the safety of your Personal Information by aiming to maintain appropriate physical, procedural and electronic safeguards to protect your personal data, including:

  • Restricting access to personal data to our employees or Service Providers on a “need to know” basis;
  • Enforcing policies and procedures for our employees in their handling of personal data; and
  • Using technologies designed to safeguard data during its transmission, such as Secure Socket Layer (SSL) encryption for the data you provide on our Platform. For example, credit card information provided on the Platform is transmitted via Secure Socket Layer (SSL) technology and then encrypted into a third-party payment gateway providers’ (such as Stripe or PayPal) databases only to be accessible by those authorized with special access rights to such systems.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

California Online Privacy Protection Act Compliance

Because we value your privacy, we have taken the necessary precautions to be in compliance with California Civil Code Section §1798.83 which permits users that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to team@designation.io.

Children under age 13

Our Services are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Platform or through the Services. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Service. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at team@designation.io.

Changes to our privacy policy

We may amend this Privacy Policy from time to time, in our sole discretion. It is our policy to post any changes we make to our Privacy Policy on this page. The date of the most recent revision to the policy is identified herein. You are responsible for periodically visiting our website and this privacy policy to check for any changes.

Contact us

If there are any questions regarding this privacy policy you may contact us at team@designation.io or at 100 S. State St, 4th Floor, Chicago, IL 60603.

General, governing law and jurisdiction

We reserve the right to discontinue or modify any aspect of the Services at any time. This Privacy Policy, together with our Terms and any other legal notices published by us on our website and in the mobile application, shall constitute the entire agreement between us concerning the Services. If any provision of this Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect, provided, however, that in such event this Privacy Policy shall be interpreted so as to give effect, to the greatest extent consistent with, and permitted by, applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

This Privacy Policy shall be governed by the laws of the State of Illinois, without respect to its conflict of laws principles. We each agree to submit to the personal and exclusive jurisdiction of the courts located in Illinois, the State of Illinois, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Terms of service

These terms of service (“Agreement” or “Terms”) govern your use govern your access to and use of Designation Labs, LLC (“Designation”, “we”, “us”, or “our”) website located at http://designation.io (the “Platform”) or any products or service made available through the Platform (together with the Platform, the “Services”). More information on the Services is provided below. Capitalized terms are defined in this Agreement. We reserve the right to add, subtract, or change these services at any time.

This Agreement sets forth the legally binding terms and conditions for your use of the Platform at http://designation.io. By accessing or using the Platform in any manner, including, but not limited to, visiting or browsing the Platform or contributing content or other materials to the Platform, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found above, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Changes to the terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time-to-time so you are aware of any changes, as they are binding on you.

Information about you and your visits to the platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The services

The Services are an online portal where users of the Platform can access information on and apply for acceptance to Designation’s software development courses. In order to apply for a course offered by Designation, you must complete the Company’s online application on the Platform (“Course Application”). The Course Application will require you to provide certain registration details and other information, including but not limited to your name, email address, resume, and design portfolio. It is a condition of your use of the Platform that all the information you provide on the Course Application is correct, current, and complete. Further, you represent and warrant that you have the full right, power and authority to use and display all information contained your Course Application, including, for example, any intellectual property contained in your design portfolio. Upon acceptance to a course offered by Designation, you will be required to agree to a separate enrollment agreement, containing additional terms and obligations (“Enrollment Agreement”). For the avoidance of doubt, to the extent these Terms and our Privacy Policy conflict with your Enrollment Agreement, the terms of such Enrollment Agreement will control.

Payments

The Platform also allows you to remit certain payments for Designation’s courses through an online payment feature (a “Payment”). To enable these features on the Platform, you must enter required payment information (for example bank account or credit card information) and you hereby authorize Designation and our third party service providers to charge you for the Payment. By using the Platform, you understand and agree that Designation may share information about you and your transactions with other companies (including, but not limited to, third parties such as Google Analytics or Amazon Web Services) for certain business purposes, including without limitation, processing your payments or other transactions, fraud prevention, and credit card authorization.

Authorized payments are final. Your use of the Platform and the Services constitutes your agreement to pay for any amounts, which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such Payments, once authorized, are final.

Unauthorized transactions. Designation is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or fees associated with those transactions. When appropriate, non-sufficient funds fees and returned checks fees will be passed on to you.

Designation reserves the right to seek reimbursement from you, and you will reimburse Designation, if Designation discovers a fraudulent transaction, erroneous or duplicate transaction, or if Designation receives a chargeback or reversal from your credit card company or bank for any reason. You agree to and acknowledge Designation ’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Designation in an effort to investigate fraud. You agree that Designation has the right to obtain such reimbursement by charging your account, deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your account.

Currency. Designation operates in US Dollars and therefore Designation is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Designation responsible for currency fluctuations that occur when receiving or sending payment via credit card or PayPal or any similar payment method.

Intellectual property rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Designation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Platform for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any Services or materials available through the Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Designation. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Designation name and all related names, logos, product and service names, designs, and slogans are trademarks of Designation or its affiliates or licensors. You must not use such marks without the prior written permission of Designation. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Prohibited uses

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Designation or users of the Platform or expose them to liability.
  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Platform or the Services (including introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful).
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Provide false, inaccurate or misleading information;
  • Send or receive what we reasonably believe to be potentially fraudulent funds;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization or in any way that is likely to deceive any person;
  • Provide yourself a cash advance from your credit card or participate in any actions constituting credit card fraud, check fraud, or money laundering (or help others to do so);
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  • Use an anonymizing proxy; or
  • Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers.

Copyright infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the written notice is accurate;
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Aaron Fazulak
Designation Labs, LLC
100 S. State St, 4th Floor
Chicago, IL 60603
team@designation.io

It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

Geographic restrictions

The owner of the Platform is based in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the platform or any services or items obtained through the platform or to your downloading of any material posted on it, or on any platform linked to it.

Your use of the platform, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the platform, its content, and any services. Without limiting the foregoing, neither Designation nor anyone associated with Designation represents or warrants that the platform, its content, or any services or items obtained through the platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our platform or the server that makes it available are free of viruses or other harmful components, or that the platform or any services or items obtained through the platform will otherwise meet your needs or expectations.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on liability

In no event will the collective liability of Designation, its licensors, service providers, employees, agents, managers, officers or directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed $1,000. In no event will Designation, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the platform, any websites linked to it, any content on the platform or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Indemnification

You agree to defend, indemnify, and hold harmless Designation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, any use of the Platform’s content or services other than as expressly authorized in these Terms or your use of any information obtained from the Platform.

Governing law and jurisdiction

All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago and County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and severability

No waiver by Designation of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Designation to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Designation regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. For the avoidance of doubt, to the extent these Terms and our Privacy Policy conflict with your Enrollment Agreement, the terms of such Enrollment Agreement will control.

Your comments and concerns

This Platform is operated by Designation located at 100 S. State St, 4th Floor, Chicago, IL 60603.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: team@designation.io.

Credits

Platform design and development

Compo Design Co.

Photography

Designation, except where noted.

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