Creative Market Privacy Notice for California Residents


Effective Date: January 2, 2020

This Privacy Notice for California Residents ("Notice") supplements the information contained in Creative Market Labs, Inc.'s ("Creative Market", "us", "we", "our") Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you") who use our services and website (www.creativemarket.com, and its sub-domains) (also referred to as "Site"). Our Site offers a marketplace for "buyers" to license digital assets made available from and communicate with identified "sellers". We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA).

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some of its requirements. For example, if you are a seller on our Site most of the personal information we collect from you will be B2B personal information and exempted from many of the CCPA requirements. Similarly, if you are an employee, owner, director, officer, or contractor of a buyer, much of the personal information we collect will be B2B personal information and exempted from many of the CCPA requirements. For practical purposes we may, in our discretion, respond to any request regarding B2B personal information as if it is not subject to an exemption, but we do not waive our rights and reserve the right to apply all exemptions. This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals (contact HR@creativemarket.com).


Information We Collect And How We Use It

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include publicly available information from government records, deidentified or aggregated consumer information (which we are not required to re-identify), and Information excluded from the CCPA's scope.

In particular, we have collected the personal information from the following CCPA categories within the last twelve (12) months, from the corresponding sources described in the table below. We may collect different personal information depending on whether you are a visitor to our Site (a "visitor"), an account holder with no purchase or sales on our Site (an "account holder"), a buyer, or a seller.

Category of Personal Information Examples may Include Collected Business or Commercial Purposes for Personal Information Collection and Use Sources of Personal Information Collection
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

Yes

We may collect and use personal information from this category from visitors, account holders, buyers, and sellers.

  • To provide, support, personalize, and develop our Site, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud, including to allow buyers/visitors to communicate with sellers.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email
  • To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.

We may obtain this personal information from the following categories of sources:

Directly from you. For example, from the forms you complete or the products and services you purchase or sell.

Indirectly from you. For example, from observing your actions on our Site.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

Yes

We may collect and use personal information from this category from account holders, buyers, and sellers.

  • To provide, support, personalize, and develop our Site, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email
  • To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.

We may obtain this personal information listed to the left from the following categories of sources:

Directly from you. For example, from the forms you complete or the products and services you purchase or sell.

C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Yes

We may collect and use personal information from this category from sellers.

  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.

We may obtain this personal information listed to the left from the following categories of sources:

Directly from you. For example, if you are a seller and provide your passport information, we will know your age, national origin, citizenship, sex, race, color, and other information available on your passport.

D. Commercial information and Customer Account Details. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

We may collect and use personal information from this category from account holders and buyers

  • To provide, support, personalize, and develop our Site, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud, including to allow buyers/visitors to communicate with sellers.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email
  • To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.

We may obtain this personal information listed to the left from the following categories of sources:

Indirectly from you. For example, from observing your actions on our Site and your purchase history on our Site.

E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. No Not Applicable Not Applicable
F. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Yes

We may collect and use personal information from this category from visitors, buyers, and sellers.

  • To provide, support, personalize, and develop our Site, products, and services.
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email
  • For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.

We may obtain this personal information listed to the left from the following categories of sources:

Indirectly from you. For example, from observing your actions on our Site and your purchase history on our Site.

G. Geolocation data. Physical location or movements.

Yes

We may collect and use personal information from this category from visitors, buyers, and sellers.

  • To provide, support, personalize, and develop our Site, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email
  • To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.

We may obtain this personal information listed to the left from the following categories of sources:

Directly from you. For example, from the forms you complete or the products and services you purchase or sell.

H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.

Yes

We may collect and use personal information from this category from visitors, buyers, and sellers.

  • To provide, support, personalize, and develop our Site, products, and services.
  • To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email
  • For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.

We may obtain this personal information listed to the left from the following categories of sources:

Directly from you. For example, if you choose to participate in a recorded interview.

Indirectly from you. For example, from observing your actions on our Site (no audio is captured).

I. Professional or employment-related information. Current or past job history or performance evaluations. Contact HR@creativemarket.com for disclosure information if you are a consumer who is an applicant, contractor, or employee Not Applicable Not Applicable
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. No Not Applicable Not Applicable
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Yes

We may collect and use personal information from this category from visitors, buyers, and sellers

  • To provide, support, personalize, and develop our Website, products, and services.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

We may obtain this personal information listed to the left from the following categories of sources:

Directly from you from forms you complete or products you purchase

Indirectly from you from observing your actions on our Website


Additional Uses of Personal Information

In addition to the collection and uses identified above, we may collect, use or disclose any of your personal information for one or more of the following operational or businesses purposes for which we are providing you notice as permitted by the CCPA:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns. In addition, our Site allows visitors, sellers, and buyers to publicly post profile, product, and other information in accordance with our Terms of Use, and this information, should you choose to post it, will be publicly available to other visitors, sellers, buyers, and others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations or as otherwise required or permitted by applicable law (including the CCPA).
  • To evaluate or conduct 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, in which personal information held by us about our Site users/consumers is among the assets transferred.
  • Subject to restrictions and obligations of the CCPA, for the avoidance of doubt, our vendors may also use your personal information for some or all of the above listed business purposes. Our vendors may themselves engage services providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an additional business purpose for which we are providing you notice.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.


Sharing Personal Information

We may disclose your personal information to our service providers, other vendors, sellers, affiliates, and other third parties.

A. Sharing Personal Information for a Business Purpose

In the last 12 months personal information from the following categories of personal information may have been shared with our service providers and other third parties for the business purposes stated in the above table for each category of personal information:

Category of Personal Information Categories of Third Parties with whom we Shared Personal Information
A. Identifiers

Service providers/vendors/sellers. Examples include but are not limited to vendors that provide tools and services that assist us with data analytics, customer relationship management and support, fraud detection/prevention and security, payment processing and tax calculations, Site and content hosting, cloud storage and collaboration tools, email services, privacy compliance, and advertising services.

If you purchase a digital asset in our marketplace, the seller of that asset will have access to limited purchase information, namely the username you selected (which is publicly visible on the Site) along with the asset you purchased and the date you purchased it; the seller will also have access to any other information you choose to make publicly available on the Site if any (through your Creative Market public profile page), but will not have access to any credit card information or email address.

B. Personal Records

Service providers/vendors. Examples include but are not limited to vendors that provide tools and services that assist us with data analytics, customer relationship management and support, fraud detection/prevention and security, payment processing and tax calculations, Site and content hosting, cloud storage and collaboration tools, email services, privacy compliance, and advertising services.

C. Protected classification characteristics under California or federal law.

Service providers/vendors. Examples include but are not limited to vendors that provide tools and services that assist us with data analytics, customer relationship management and support, payment processing and tax calculations, cloud storage and collaboration tools, privacy compliance, and email services.

D. Consumer Characteristics and Customer Account Details

Service providers/vendors/sellers. Examples include but are not limited to vendors that provide tools and services that assist us with data analytics, customer relationship management and support, fraud detection/prevention and security, payment processing and tax calculations, Site and content hosting, cloud storage and collaboration tools, email services, privacy compliance, and advertising services.

If you purchase a digital asset in our marketplace, the seller will have access to limited purchase information, namely the username you selected (which is publicly visible on the Site) along with the asset you purchased and the date you purchased it; the seller will also have access to any other information you choose to make publicly available on the Site if any (through your Creative Market public profile page), but will not have access to any credit card information or email address.

E. Biometric Information

None

F. Internet or other similar network activity

Service providers/vendors. Examples include but are not limited to vendors that provide tools and services that assist us with data analytics, customer relationship management and support, fraud detection/prevention and security, payment processing and tax calculations, Site and content hosting, cloud storage and collaboration tools, email services, privacy compliance, and advertising services.

G. Geolocation Data

Service providers/vendors. Examples include but are not limited to vendors that provide tools and services that assist us with data analytics, customer relationship management and support, fraud detection/prevention and security, payment processing and tax calculations, Site and content hosting, cloud storage and collaboration tools, email services, privacy compliance, and advertising services.

H. Sensory Data

Service providers/vendors. Examples include but are not limited to vendors that provide tools and services that assist us with customer relationship management and support and cloud storage and collaboration tools, email services, and privacy compliance.

I. Professional or Employment-related Information

Contact HR@creativemarket.com for disclosure information if you are a consumer who is an applicant, contractor, or employee

J. Non-Public Education Records

None

K. Inferences drawn from other personal information

Service providers/vendors. Examples include but are not limited to vendors that provide tools and services that assist us with data analytics, customer relationship management and support, fraud detection/prevention and security, privacy compliance, and email services.


B. Sales of Personal Information

In the preceding twelve (12) months, we have not sold personal information.

Although we do not feature third party advertising on our Site, we do allow third parties to collect information on our website through cookies for analytics and advertising purposes (e.g., so we can target our advertisements to previous Site visitors when they are on other websites, known as "retargeting"). There is not yet a consensus on whether the use of third party advertising cookies and associated services is a "sale" under the CCPA. We will continue to assess this situation. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list third party cookies and provide access to their privacy information in our Cookie Policy. Additionally, you can exercise control over cookies and other tracking technology by different methods including: (1) using third party tools that enable you to search for and opt-out of some of these cookies and other trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/, and (2) by learning more about your choices regarding online interest-based advertising and the ability to-opt out from tracking by participating vendors, you can visit www.aboutads.info as well as the NAI site for additional options on how to opt out of interest-based advertising (at https://optout.networkadvertising.org). We do not represent that these third party tools, programs or statements are complete or accurate.


Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will disclose to you one or more of the following, depending on your specific request:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We are not obligated to provide these access and data portability rights for B2B personal information but may do so in our sole discretion.

Consistent with the CCPA and our interest in the security of your personal Information, we will not deliver to you your social security number, driver’s license number or other government-issued ID number, financial account number, any health or medical identification number, an account password, or security questions or answers in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (e.g., via a two-step process) (see Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to provide services you have ordered; complete transactions; honor opt-outs; prevent fraud, spam, and other abuse or detect security risks; comply with our legal obligations; cooperate with law enforcement; enable internal uses consistent with your relationship with us or otherwise compatible with the context in which you provided the personal information; to exercise and defend our rights; or as otherwise permitted or required by law. We are not obligated to provide these deletion rights for B2B personal information, but may do so in our sole discretion.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

If you are not the consumer but instead are acting as an authorized agent on behalf of a consumer you must email us at: privacy@creativemarket.com (and do not use the CCPA Contact form).

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, we may require that you provide the authorized agent with written permission to act on your behalf and verify your own identity with us unless you have provided the authorized agent with a power of attorney pursuant to CA Probate Code Section 4000-4465. We may also deny the request from an agent if that agent does not submit proof that they have been authorized by you to act on your behalf.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include one or more of the following methods, among others as permitted by the CCPA:
    • Email verification, Account verification, and Creative Market transaction information.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request for access to personal information or deletion if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We may consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Please note that in some cases personal information that we maintain about consumers is not sufficiently associated with enough personal information about the consumer for us to be able to verify that it is a particular consumer’s personal information as required by the CCPA (for example, this could include clickstream data tied only to a pseudonymous browser ID). As required by the CCPA we do not include that personal information in response to those requests.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days or longer if permitted by the CCPA), we will inform you of the reason and extension period in writing. If you have an account with us, we may deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable, where required by the CCPA. For data portability requests, we will select a format to provide your personal information that is readily usable (e.g., Excel). We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.


Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time (however, you may no longer receive the benefits of the incentive).


Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Site and update the notice's effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.


Contact Information

If you have any questions or comments about this notice, the ways in which Creative Market collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Site: CCPA Contact form
Email: privacy@creativemarket.com
Postal Address:
Creative Market Labs, Inc.
Attn: PRIVACY
600 Congress Ave, 14th Floor
Austin, TX 78701