Privacy policy

Last updated: May 15, 2024

Introduction

Purpose and Scope

This Privacy Policy explains how We Design Motion (“we”, “us”, “our”) collects, uses, discloses, and protects your personal data when you visit our website, https://wedesignmotion.com (the “Site”), and use our services, including video templates, customization services, and educational content (collectively, the “Services”).

Compliance

This Privacy Policy is designed to comply with applicable Kazakhstan privacy laws and regulations, as well as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Changes to the Policy

We may update this Privacy Policy from time to time. We will notify you of any significant changes by posting the new Privacy Policy on our Site and updating the “Last Updated” date. Your continued use of our Services after any changes indicates your acceptance of the new Privacy Policy.

Data Controller and Data Protection Officer

Data Controller

The data controller responsible for your personal data is We Design Motion.

Data Protection Officer (DPO)

We have appointed a Data Protection Officer (DPO) to oversee compliance with this Privacy Policy. If you have any questions about this Privacy Policy or our data protection practices, please contact our DPO at contact@wedesignmotion.com.

Data Collection

Personal Data We Collect

We may collect the following types of personal data:

  • Identification Data: name, username, password
  • Contact Data: email address, phone number, mailing address
  • Payment Data: credit card details, billing information
  • Technical Data: IP address, browser type, operating system
  • Usage Data: information about how you use our Site and Services
  • Profile Data: preferences, feedback, and survey responses

Methods of Collection

We collect personal data through:

  • Direct Interactions: When you fill out forms, create an account, make a purchase, or contact us.
  • Automated Technologies: When you navigate our Site, we collect technical data automatically using cookies and other tracking technologies.
  • Third Parties: We may receive personal data about you from third-party services, such as payment processors and analytics providers.

Use of Personal Data

Purposes for Processing

We use your personal data for the following purposes:

  • Provision of Services: To provide and manage our Services, including processing your orders and payments.
  • Communication: To communicate with you, including responding to your inquiries and providing customer support.
  • Personalization: To personalize your experience on our Site and tailor the content we display to you.
  • Marketing: To send you promotional materials and newsletters, with your consent where required.
  • Analytics: To analyze and improve our Services, including monitoring usage and performance.
  • Legal Compliance: To comply with legal obligations and protect our legal rights.

Legal Bases for Processing

We process your personal data based on the following legal grounds:

  • Consent: When you have given us explicit consent to process your data for specific purposes.
  • Contractual Necessity: When processing is necessary to perform a contract with you or to take steps at your request before entering into a contract.
  • Legal Obligation: When we need to comply with a legal obligation.
  • Legitimate Interests: When processing is necessary for our legitimate interests, provided that your interests and fundamental rights do not override those interests.

Disclosure of Personal Data

Internal Disclosure

We may share your personal data within our organization to facilitate the provision of our Services.

External Disclosure

We may disclose your personal data to the following third parties:

  • Service Providers: We may share your data with third-party service providers who assist us in operating our Site and providing our Services (e.g., payment processors, hosting providers, email services).
  • Business Partners: We may share your data with our business partners for marketing purposes, with your consent where required.
  • Legal Authorities: We may disclose your data to comply with legal obligations, respond to lawful requests from public authorities, or protect our legal rights.
  • Others: We may share your data with other third parties with your explicit consent.

International Transfers

If we transfer your personal data outside the EEA, the USA or Kazakhstan, we will ensure that appropriate safeguards are in place to protect your data in accordance with this Privacy Policy and applicable laws.

Data Security

Security Measures

We implement appropriate technical and organizational measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. These measures include encryption, access controls, and regular security assessments.

User Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

Data Retention

Retention Period

We will retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

Criteria for Retention

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the data, and whether we can achieve those purposes through other means.

Deletion of Data

When your personal data is no longer required, we will securely delete or anonymize it in accordance with applicable laws and regulations.

User Rights

Overview of Rights

As a user, you have certain rights regarding your personal data under applicable privacy laws, including the GDPR, and the CCPA. These rights include:

  • Access: The right to request access to your personal data and obtain information about how we process it.
  • Rectification: The right to request correction of any inaccurate or incomplete personal data.
  • Erasure: The right to request the deletion of your personal data under certain circumstances.
  • Restriction: The right to request the restriction of processing your personal data under certain conditions.
  • Data Portability: The right to receive your personal data in a structured, commonly used, and machine-readable format, and to request the transfer of this data to another controller.
  • Objection: The right to object to the processing of your personal data, including for direct marketing purposes.
  • Withdraw Consent: The right to withdraw your consent to the processing of your personal data at any time, where processing is based on consent.

Exercising Your Rights

To exercise any of these rights, please contact us at contact@wedesignmotion.com. We may need to verify your identity before fulfilling your request. We will respond to your request within the timeframe required by applicable law.

Children's Privacy

Protection of Children's Data

Our Services are not intended for children under the age of 13, and we do not knowingly collect personal data from children under this age. If we become aware that we have inadvertently collected personal data from a child under 13, we will take steps to delete such data as soon as possible.

Parental Consent

If you are a parent or guardian and believe that your child has provided us with personal data without your consent, please contact us at contact@wedesignmotion.com so that we can take appropriate action.

Cookies and Tracking Technologies

Use of Cookies

We use cookies and similar tracking technologies to collect and store information when you visit our Site. Cookies are small text files that are placed on your device to help us improve your experience and understand how you use our Site.

Types of Cookies

We use the following types of cookies:

  • Essential Cookies: These cookies are necessary for the operation of our Site and enable you to use its features.
  • Analytical Cookies: These cookies help us analyze how you use our Site, so we can measure and improve its performance.
  • Functional Cookies: These cookies allow us to remember your preferences and provide enhanced functionality.
  • Advertising Cookies: These cookies are used to deliver relevant advertisements to you and track the effectiveness of our marketing campaigns.

Managing Cookies

You can manage your cookie preferences through your browser settings. Most browsers allow you to refuse cookies or alert you when cookies are being sent. However, if you disable cookies, some features of our Site may not function properly.

Third-Party Tracking

We may use third-party service providers to assist us in analyzing the use of our Site and to serve advertisements. These third parties may use cookies and other tracking technologies to collect information about your online activities over time and across different websites.

Third-Party Services

Links to Third-Party Sites

Our Site may contain links to third-party websites and services that are not operated by us. We have no control over, and are not responsible for, the privacy practices of these third parties. We encourage you to review the privacy policies of any third-party sites you visit.

Third-Party Providers

We may share your personal data with third-party service providers who perform services on our behalf, such as payment processing, data analysis, email delivery, and hosting services. These providers are contractually obligated to protect your personal data and only use it for the purposes for which we disclose it to them.

International Data Transfers

Transfers Outside the Kazakhstan, the USA and the EEA

We may transfer your personal data to countries outside Kazakhstan, the USA and the European Economic Area (EEA) for processing and storage. When we do so, we ensure that appropriate safeguards are in place to protect your data in accordance with this Privacy Policy and applicable laws.

Adequacy Decisions and Standard Contractual Clauses

If we transfer personal data outside the EEA, we will rely on adequacy decisions issued by the European Commission or implement standard contractual clauses approved by the European Commission to ensure that your data is afforded the same level of protection as within the EEA.

Data Breaches

Incident Response Plan

We have implemented an incident response plan to address any personal data breaches promptly and effectively. This plan includes procedures for identifying, containing, investigating, and mitigating the effects of a breach.

Notification of Data Breaches

In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will notify you and the relevant supervisory authority without undue delay, in accordance with applicable law. Our notification will include the nature of the breach, the likely consequences, and the measures we have taken to address the breach.

Data Protection Impact Assessments

Conducting DPIAs

We conduct Data Protection Impact Assessments (DPIAs) when processing activities are likely to result in a high risk to the rights and freedoms of individuals. DPIAs help us identify and mitigate potential risks to personal data.

Criteria for DPIAs

We conduct DPIAs in accordance with the guidelines provided by the GDPR, the CCPA and the applicable Kazakhstan privacy laws. DPIAs are required for processing activities that involve large-scale data processing, systematic monitoring, or processing of sensitive data.

By adhering to these sections, We Design Motion ensures compliance with applicable privacy laws and regulations while safeguarding the personal data of its users. Further sections will elaborate on additional important aspects of our Privacy Policy.

Automated Decision-Making and Profiling

Automated Decision-Making

We do not engage in automated decision-making processes that produce legal effects or significantly affect you, using your personal data without human intervention.

Profiling

We may use profiling to analyze or predict aspects concerning your interests, preferences, behavior, and location. This helps us to personalize our Services and provide relevant content and offers. You have the right to object to profiling based on your personal data.

Legal Basis for Processing

Overview of Legal Bases

We rely on the following legal bases to process your personal data:

  • Consent: When you have given us explicit consent to process your data for specific purposes.
  • Contractual Necessity: When processing is necessary to perform a contract with you or to take steps at your request before entering into a contract.
  • Legal Obligation: When processing is necessary for compliance with a legal obligation to which we are subject.
  • Legitimate Interests: When processing is necessary for our legitimate interests, provided that your interests and fundamental rights do not override those interests.

Legitimate Interests

Our legitimate interests include the provision and improvement of our Services, ensuring the security of our Site, conducting marketing activities, and managing our business operations.

Consent Management

Obtaining Consent

We obtain your consent for specific processing activities where required by law. This includes consent for marketing communications, the use of cookies, and the collection of sensitive personal data.

Withdrawing Consent

You can withdraw your consent at any time by contacting us at contact@wedesignmotion.com or using the opt-out mechanisms provided in our communications. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Marketing Communications

Direct Marketing

We may use your personal data to send you direct marketing communications about our products, services, and promotions. We will obtain your consent where required by law.

Opting Out

You can opt out of receiving marketing communications from us at any time by clicking the “unsubscribe” link in our emails or by contacting us at contact@wedesignmotion.com. We will process your opt-out request promptly.

Data Minimization

Principle of Data Minimization

We adhere to the principle of data minimization by collecting and processing only the personal data that is necessary for the specified purposes. We ensure that the data we collect is adequate, relevant, and limited to what is necessary.

Review and Deletion

We regularly review the personal data we hold and delete any data that is no longer required for the purposes for which it was collected.

Accuracy of Data

Ensuring Data Accuracy

We take reasonable steps to ensure that the personal data we collect and process is accurate, complete, and up-to-date. We rely on you to provide us with accurate and current information.

Your Responsibility

You are responsible for ensuring that the information you provide to us is accurate and up-to-date. Please notify us of any changes to your personal data to help us maintain accurate records.

Data Subject Access Requests

Right of Access

You have the right to request access to the personal data we hold about you. This includes the right to obtain information about the purposes of processing, the categories of data processed, and the recipients of your data.

Making a Request

To make a data subject access request, please contact our DPO at contact@wedesignmotion.com. We may ask you to provide proof of identity before fulfilling your request. We will respond to your request within the timeframe required by applicable law.

Data Portability

Right to Data Portability

You have the right to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to request that we transmit this data to another data controller, where technically feasible.

Exercising Data Portability

To exercise your right to data portability, please contact our DPO at contact@wedesignmotion.com. We may need to verify your identity before fulfilling your request. We will process your request within the timeframe required by applicable law.

Restriction of Processing

Right to Restriction

You have the right to request the restriction of processing your personal data under certain circumstances, such as when you contest the accuracy of the data or object to the processing.

Effect of Restriction

When processing is restricted, we will continue to store your personal data but will not process it further without your consent, except for storage purposes or to comply with legal obligations.

Requesting Restriction

To request restriction of processing, please contact our DPO at contact@wedesignmotion.com. We will respond to your request within the timeframe required by applicable law.

Objection to Processing

Right to Object

You have the right to object to the processing of your personal data based on legitimate interests or for direct marketing purposes.

Objecting to Marketing

You can object to receiving marketing communications from us by following the opt-out instructions provided in the communications or by contacting us at contact@wedesignmotion.com.

Objecting to Other Processing

To object to other types of processing, please contact our DPO at contact@wedesignmotion.com. We will consider your objection and cease processing your data unless we have compelling legitimate grounds to continue.

Complaints

Filing a Complaint

If you believe that we have violated your privacy rights, you have the right to file a complaint with a supervisory authority.

Contacting Us

We encourage you to contact us first to resolve any concerns. You can reach our DPO at contact@wedesignmotion.com. We will do our best to address your concerns and provide a satisfactory resolution.

Miscellaneous

Governing Law

This Privacy Policy is governed by and construed in accordance with the laws of Kazakhstan. Any disputes arising from this Privacy Policy will be subject to the exclusive jurisdiction of the courts of Kazakhstan.

Severability

If any provision of this Privacy Policy is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

Entire Agreement

This Privacy Policy constitutes the entire agreement between you and We Design Motion regarding the collection, use, and disclosure of your personal data.

Contact Information

If you have any questions or concerns about this Privacy Policy or our data protection practices, please contact our DPO at contact@wedesignmotion.com or write to us.