Privacy Policy

Scope of deserw Privacy Policy

This Privacy Policy applies to all aspects of our Site as well as to information we may collect offline.

This Site may link to or incorporate websites or content hosted and served by others over which we have no control, such as third party websites, online properties, platforms, social media, or systems, which are each governed by the privacy policy and business practices of the third party. You understand and agree that deserw is not responsible for the security, privacy, or business practices of any third party.

Information We Collect

We collect information from you directly, automatically when you visit the Site, and sometimes from third parties. Some of this information may be considered "personal information" under various applicable laws. We consider information that identifies you as a specific, identified individual to be personal information (such as your name, telephone number, and e-mail address), as well as additional information, including IP addresses and cookie identifiers, where required by applicable law. And, if we combine information that we consider to be non-personal with personal information, we will treat the combined information as personal information under this Privacy Policy. In the limited circumstances in which we may process sensitive personal information as defined by applicable law, we process such information as permitted by and in compliance with applicable law. Note that we may de-identify personal information so that it is non-personal, such as by aggregating it or transforming it into information that does not identify you. We will treat de-identified information as non-personal to the fullest extent permitted by applicable law.

1. Information You Provide

   deserw may collect personal information from you when you:

   1. Create an Account on, Login to, or Interact with the Site.

      deserw may collect your name and email address and other information that you provide, such as a telephone number, when you register or login, update, or add information or content to your account. We may require you to create a username and password if you create an account, or we may enable other methods such as logging in through one of your existing social media accounts such as Facebook, Instagram, and Twitter (collectively, "Social Media Platforms") or your Apple ID. deserw also collects certain information relating to any Social Media Platform account or Apple ID that you use to login to or link to your Digital Agent account (such as your username, bio, and number of followers), although linking any such account to your Digital Agent account or logging into deserw via such account is entirely up to you. We may store payment information (such as credit or debit card details) but only if you choose to save it to your account. If you create an account using a deserw-provided referral link or code through one of our referral programs, or by clicking on an ad that takes you to our Site, we may also receive certain information about you based on your use of or interaction with the link, code, or ad.

   2. Make a Purchase through the Site.

      deserw collects the information that you provide when you request a deserw Video or other offering, including, for example and as applicable, your name and email address, any mobile telephone contact number (of you or the recipient) you choose to provide, the name of the person or entity giving and receiving the purchase, and the details that you provide as part of your request. When you purchase merchandise, we also collect shipping and delivery information. deserw processes payment information you provide when you pay for a purchase. We collect information of the recipients that you provide to us to the extent necessary to provide the deserw offering, either as part of the content or for the transaction itself (for example, we share the recipient’s name and the details of the request with the applicable deserw "Brand User") or to deliver merchandise.

   3. Participate in Sweepstakes, Contests, or Other Promotional Activities.

      deserw collects the information that you provide when you enter a sweepstakes, contest, or promotional activities (each, a "Promotion") through our Site. Each Promotion has its own terms and conditions or official rules, which you should review as they may contain other requirements (such as, allowing use of your name or likeness in advertising unless prohibited by applicable law).

   4. Contact Us.

      deserw collects the information that you provide in connection with you contacting us, for example when you email our customer service team or fill out a form for us to contact you.

   5. Provide Content to the Site.

      We collect information when you submit content to us, such as a video, review, photo, email, text, social media post, or other communication (each, a "Submission") and, if you are a Brand User, when you submit "Brand Content". Each Submission, whether submitted to our Site directly or through a social media platform, and all Brand Content, is subject to the applicable Terms and conditions. As a result, others may access it, use it, and share it in accordance with the Terms and conditions.

   6. Sync Contacts or Connect with Friends.

      If you choose to upload, sync, or import the contact information of your contacts from your device (such as your address book), or otherwise share such contact information with us, we will collect and store that information in accordance with this Privacy Policy. You represent that you have obtained the consent of your contacts to share this information with us. We may use this information to identify which of your contacts are users of the Site, to provide services to you, to help you find and connect with people you know, help others find and connect with you, and to customize the content we present to you and to other Site users.

   7. Use Social Media with the Site.

      We collect information when you interact with our Site through any social media platform. For example, we may enable you to use certain of your existing social media platform accounts to create an account on our Site or "like" or "share" content from our Site. Doing so may allow us to collect (or the third party to share) information about you. Some of your information, such as your username, may be publicly displayed. We may also receive information about you if other users of a social media platform give us access to their profiles and you are one of their connections or "friends". In addition, we and the social media platform may have access to information about you and your use of our Site and the social media platform. The information we collect is subject to this Privacy Policy. The information that any third party collects is subject to its privacy practices (including whether it shares information with us, the types of information shared, and your choices about what may be visible to others).

   8. Use the Site as a Brand User.

      When you use our Site to become or as a Brand User, we collect, in addition to information provided when you create your account, your name, email address, telephone number, and the social media usernames you provide, deserw Videos and other offerings prepared by you, and other information relating to our relationship with you, such as payment or identity information. deserw’s payments to you are made through the third party payment provider selected by Digital Agent. You should review the payment provider’s privacy policy before providing your personal information, as it is responsible for personal information (as a data controller if you’re in the UK or EEA) in its own right, and its privacy practices may vary from ours.

   9. Become a deserw Partner.

      When you become a "deserw Partner" including through our Site, in addition to information you provide if you create an account on the Site, we collect your name, email address, telephone number, and other information relating to our relationship with you, including payment or identity information. deserw’s payments to you are made through the third party payment provider selected by deserw. You should review the payment provider’s privacy policy before providing your personal information, as it is responsible for personal information (as a data controller if you’re in the UK or EEA) in its own right, and its privacy practices may vary from ours.

2. Information from Third Parties

   We may also obtain information, such as contact details (for example, name and email address), country, IP address, purchase histories, marketing preferences, cookie information, hardware and software information and other technical information about you from third parties, such as other users of the Site who upload information or sync their contacts, analytics companies, social media platforms, and other third party business partners, such as a deserw Partner. For example, if you discuss becoming a Brand User through a deserw Partner, we may collect your name, email address, telephone number, and the social media usernames you provide relating to that relationship from the deserw Partner.

   We and our third party business partners may collect information about your visits to and activity on our Site and other websites and services. We may combine that information with other personal information we have collected from or about you. We may share certain of this information with third party business partners for similar purposes as described below.

Cookies and Tracking Technologies

1. Cookies and Tracking

   When you visit our Site or otherwise interact with us or our content, we and third-party advertising and analytics companies and other third party business partners may use a variety of tracking and other technologies that automatically or passively collect certain information ("Usage Information").

   We and third parties may use these technologies for a number of reasons, including to save your preferences for future visits, to our Site, keep you logged in between visits, to serve targeted advertising to you, and to provide you with improved services. If you sign up for our text messaging program, cookies may also be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders). The information collected by us and the third parties we work with may include (but is not limited to):

   1. date and time of your visit to our Site;

   2. areas you visit within our Site;

   3. links that you click on within our Site, and content that you enter into fillable fields or forms on our Site (both while filling out the fields or forms and if/when you submit such information);

   4. websites or advertisements you visit, view, or click before or after visiting our Site;

   5. terms you entered into a search engine that lead you to our Site;

   6. IP address, mobile device identifier, or other unique identifier and usage information for the device used to access our Site;

   7. precise location data from your device, if you have opted-in to the collection of that information (you may be able to disable the collection of precise location data through the settings on the device used to access our Site, but your approximate location may remain available through its IP address or other information that we collect);

   8. device and connection information, such as browser type and version, operating system, and platform;

   9. whether an email message we sent was opened and whether a link in the email message was clicked.

2. Methods We Use to Collect

   The methods that may be used to collect Usage Information include the following:

   1. Cookies and Local Storage. A cookie is a data file placed on a device when it is used to visit the Site or otherwise access our content. Certain web browsers and certain browser add-ons, such as Adobe Flash, may provide additional local data storage mechanisms that are used in a manner similar to cookies, and some of the content included on our Site may make use of this local storage. To get information about Flash and Adobe’s privacy choices from Adobe,click here. To get information about cookies from All About Cookies.org,click here. Cookies, Flash cookies, and other local storage devices may be used for a variety of purposes (for example, to identify your device when you revisit our Site, to recall your authentication information, to store information related to your navigation throughout our Site, or to enable certain features on our Site). Some cookies are essential to the functioning of the Site, and, without them, some features and services you have requested cannot be provided. If you disable cookies, adjust privacy settings on your device, restrict local storage, or otherwise limit these technologies, you may not be able to use some of our Site features.

   2. Web Beacons. Small graphic images or other web programming code called web beacons (also known as "pixels", "1x1 GIFs" or "clear GIFs") may be included in our web pages and email messages. Web beacons may not be visible to you. Web beacons or similar technologies may be used for a number of purposes, including to count visitors to the Site, to monitor how users navigate the Site, to count how many email messages we sent were opened, and to count whether a link in an email message we sent was clicked.

   3. Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted after you are no longer connected.

   4. Other Technologies. We may also use other technologies that collect similar information for security and fraud detection purposes.

3. "Do Not Track" Signals

   Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, deserw does not currently alter our practices when we receive a "Do Not Track" signal from a visitor’s browser except as specifically required by law. For information about "Do Not Track" please visit The Future of Privacy Forum.

How We Use Information

We may combine information that we have received from you with information from other sources to operate, tailor content, personalize, adjust, and improve our Site. For example, we may use your information:

1. to fulfill your request for a deserw Video or other offering or purchase of merchandise, accept your payment, ship and deliver your orders, deliver messages, and process information you provide through our Site;

2. to maintain your account, to assist with payment transactions, to facilitate use of the Site, and to communicate with you about your account, our relationship with you, and your use of the Site, such as by verifying your information, requesting that you respond to a survey, or checking on the status of an order or request. We may send you text messages if you have provided us with your mobile telephone number for that purpose;

3. to establish and manage a relationship with you as a Brand User or a deserw Partner;

4. to send you promotional email or text messages communications from deserw if your settings allow or you have chosen to receive them (consent to receive automated marketing text messages is not a condition of any purchase);

5. to conduct and administer a Promotion if you have chosen to participate. We will not share your information with a third party for the third party’s marketing or promotional purposes unless you agree when you choose to participate in the Promotion;

6. to provide you and others with customer service, to assist in resolving issues, and to evaluate and improve our customer service and processes;

7. to use any Submission or Brand Content as set forth in the applicable Terms and conditions, which may include the public display of some information, such as your name, username, or where you reside;

8. to consider your job application and, in connection with the application, to fulfill legal reporting requirements, for internal business purposes (such as to evaluating and improving our recruiting processes), or to defend against employment-related claims;

9. to contact you about administrative matters, such as the applicable Terms and conditions, or other issues;

10. to better understand your personal preferences and to enable us to provide you with improved and personalized communications and services;

11. to compile aggregate data about Site traffic and interaction;

12. to tailor the content and advertising we display to you or others, on our Site or elsewhere, and to analyze trends and statistics;

13. to create advertising models through lookalike modelling or other research methodologies;

14. for internal business purposes, such as improving our Site, products, and services and to comply with legal requirements and our business practices, such as our recordkeeping, backup, and document retention policies; and

15. for other reasons that (a) we disclose when asking you to provide your information, (b) with your consent, or (c) as described in this Privacy Policy.

How We Share Information

We share non-personal information, such as aggregated statistics and de-identified information, with third parties to the extent permitted by applicable law. deserw also shares personal information as provided below in more detail. We do not share personal information with any third party to use for its own marketing or promotional purposes without your consent.

1. Third Parties Providing Services on our Behalf

   We use third parties to perform certain services on our behalf, such as hosting the Site or Site features, providing website usage analytics, fulfilling orders, processing payments, sending email or other communications, providing marketing assistance and data analysis or enhancement, running Promotions, or performing other administrative services. We may share information about you with these third parties to allow them to execute, deliver, or improve the services that they provide for you and for deserw.

2. deserw Site Users, Brand, and Partners

   If you submit a request for a deserw Video or other offerings on our Site, we may share information such as your name, username, and profile photo to the Brand as part of that request. If you receive a Direct Message from another user of our Site, we may provide that other user a “read receipt” when you view their message. If you are a Brand User who signed up through a Digital Agent Partner or using the referral code of another Brand User, we may disclose certain information of yours to the deserw Partner or Brand User who introduced you to us, including in connection with the services that the deserw Partner is providing, to calculate and provide appropriate payment to the deserw Partner or Brand (for example based on the offerings you fulfill and your resulting earnings), and for the Digital Agent Partner or Brand’s business purposes (for example, record-keeping and tax reporting). If you are a Brand User, we may also share certaininformation about your account and order activity on your public profile, leaderboards, or similar Site features, including information about fulfillment rates, account creation date, completed number of offerings, length of offerings, time to fulfill, and customer responsiveness.

3. Employment Applications

   If you apply for a job with deserw or any of our subsidiaries or affiliates, we or our service providers may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by the U.S. Equal Employment Opportunity Commission and other regulatory agencies. Providing such

   self-identifying information is voluntary, but if you do provide such information, we and our service providers may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.

4. Sweepstakes, Contests, and Other Promotional Activities

   If you participate in a Promotion, we may disclose your information to third parties or to the public in connection with conducting and administering the Promotion, for example, to select a winner, provide a prize, as required by applicable law (such as publishing a list of winners), or as permitted by the applicable terms and conditions or official rules of the Promotion.

5. Compliance partners for NCAA athletes

   If you purchase a deserw Video or other offering from a Brand User who is an athlete affiliated with an NCAA member institution, we may share information about your purchase,

   including your name, the date and price of your request, and the date the request was fulfilled, with INFLCR, Inc., its affiliates, and the Brand’s NCAA member institution.

6. When You Request That We Share Your Information

   We may share information when you request us to do so, for example, if you opt-in to receive a communication from a third party or if you engage with a social media platform or other third party application or feature through which information about you is shared.

7. Administrative Reasons, To Enforce and Protect Legal Rights

   1. To the extent permitted by applicable law, we will disclose your personal information pursuant to a law, regulation, court order, or other legal request or process, such as disclosure to law enforcement or other government officials or agencies in connection with any investigation, for example of fraud, intellectual property infringement, or any other activity that is or may be illegal or may expose deserw, you, or another to legal liability. This disclosure may include legal requests from a jurisdiction outside of the United States when we have a good faith belief that the response is required by law, regulation, court order, or other legal request or process in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally-recognized standards.

   2. We will disclose your personal information when necessary to exercise, enforce, establish, or defend our legal rights. For example, we may review your account information in order to investigate allegations of hacking or a breach of the applicable Terms and conditions. We will disclose your personal information to our legal and other advisors, consultants, and law enforcement or other government entities.

8. Protecting Others

   We will disclose your personal information to third parties when we believe the disclosure is necessary to protect rights, property, or safety of another. For example, we disclose personal information relating to a Site account if we in good faith believe that a Site account is being used in ways that are harmful to another or contrary to the applicable Terms and conditions.

9. Business Transfers

   In evaluating or engaging in a sale of assets, merger, acquisition, reorganization, bankruptcy, or other transaction, we reserve the right to disclose, transfer, or assign your personal information and communications. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent.

Children and Parents

Our Site is intended for a general audience and not for use by anyone younger than the age of 13 in the United States (or under the applicable legal age outside of the United States). We do not knowingly collect personal information from children younger than the age of 13 (or under the applicable legal age outside of the United States), without the consent of a parent or legal guardian; if we learn that we have done so, we will promptly remove the information from our active databases. If you are a parent or legal guardian who believes that we have collected or used your child’s personal information without your consent, please contact us; seeContact Us.

Your Choices

1. Cookie and Marketing Preferences

   To stop receiving marketing email communications from Digital Agent, click on the "unsubscribe" link in the footer of the email. We may continue to send you email communications relating to your account or use of the Site even if you have unsubscribed. To stop receiving promotional text messages, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our short code. As noted above, you will receive a confirmation text. To manage your cookie preferences, use the settings in your web browser.

2. Third Party Advertising, Marketing, and Analytics Companies and Your Choices

   deserw works with third party network advertisers, ad agencies, and other advertising partners to serve deserw ads online, and with third party marketing partners to send you marketing materials or offer. We may use information we have learned about you to target ads and marketing to you and to allow third parties to target ads and marketing to you. We also use third party analytics providers to provide us with information regarding the use of the Site and the effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including cookies and web beacons), and they may otherwise collect or have access to information about you, including Usage Information. We and our third party advertising and analytics providers may collect personal information over time when you visit the Site or other online websites and services.

   We may share non-personal information, including information that has been de-identified, aggregated user statistics, and Usage Information, directly or indirectly through third party business providers, with third party advertising companies, analytics providers, and other third parties, including for the purpose of serving you more relevant ads. We may retain third party providers to help us perform these tasks. For example, we may share personal information with third parties who combine and link information from deserw with information from other sources. These third party providers may then make non-personal information available to third party advertisers, including information about your interests and preferences, to enable them to serve you more relevant ads.

   1. Some of these third parties may be members of the Network Advertising Initiative ("NAI") or Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. NAI and DAA each provide information regarding procedures for opting-out of targeted online advertising from participating companies. For information from NAI about opting out,click here . For information from DAA about opting out,click here, and for information about DAA’s AppChoices application,click here.

   2. For mobile applications, you may be able to limit certain advertising practices using the settings on your mobile telephone, tablet, or other mobile device. On most mobile devices, you can install the DAA’s AppChoices app to make choices about cross-app interest-based advertisements from participating third parties. For information from NAI about opting out on mobile devices,click here.

   3. deserw uses Google Analytics. Google Analytics uses cookies and similar technologies to collect and analyze information about the use of the Site and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. For information from Google about opting out,click here, and to download the Google Analytics opt-out browser add-on from Google,click here.

Accessing Personal Information and Retention Period

1. Accessing Your Account

   Please note that if you choose not to provide us with certain personal information, we may not always be able to provide you with the relevant deserw product or service that you request.

   1. If you have a Site Account and would like to access, view, correct, or update certain personal information collected about you, or request deactivation or deletion of your account, you may Contact Usor use the account services portal in our mobile application. Brand Users may also request deactivation or deletion of their account by contacting their deserw Brand representative or the Brand Success team.

   2. If you have any concerns about how we are using your personal information, would like to request access, correction, or deletion of the personal information that you have provided to us, please Contact Us.

2. Retention Period

   When you request that we delete your personal information, we will take commercially reasonable steps to remove it from our active databases but will keep original information consistent with our business practices to the extent permitted by applicable law (for example, for purposes of dispute resolution, enforcement of agreements, and complying with legal requirements).

Data Security

deserw takes commercially reasonable security measures to protect the information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and you use our Site and transmit information to us at your own risk. If you have any questions about security on our Site, please Contact Us.

Notice to UK And EEA Users

For privacy-related information applicable to people located in the UK or EEA:

deserw is the data controller for the purposes of the General Data Protection Regulation (EU) 2016/679 ("GDPR"); and "personal information" as used in this Privacy Policy is "personal data," as defined in Article 4(1) of the GDPR.

If you have any questions about how we use your personal data, or to exercise your data protection rights pleaseContact Us.

Where you discuss participating on the Site as a Brand User via a deserw Partner, that deserw Partner is also a data controller. Please review its privacy policy carefully. You should contact it directly about how it uses your personal data or to exercise your data protection rights in respect of them.

The scope of this notice applies to use of your personal information by deserw, whether through the Site or otherwise. We process your information for the purposes set out below.

1. Legal Basis for Processing Information

   deserw processes your information where there is a legal ground to do so, as described below in Sections 12.a(i) through 12.a(iv).

   1. Performance of the Services. We process your information for the performance of our Site, to provide or support our products and services, or for any other reason you request or enable. This includes, for example, using your information to:

      1. administer your Site account;

      2. facilitate your participation on the Site as a Brand User, or prospective Brand User (which includes sending your information to the United States);

      3. facilitate your role as a deserw Partner;

      4. conduct and administer any sweepstakes, contest, or promotion you have entered;

      5. support purchases you make, including, but not limited to, processing payments and orders;

      6. support Site functionality;

      7. maintain our Site in accordance with this Privacy Policy and the applicable Terms and conditions;

   2. Consent. We process your information based on your consent where consent is the lawful basis for such processing. This processing includes deserw providing you with:

      1. newsletters, direct e-mails, text messages, and surveys about our Site; and

   3. Legitimate Interest. To process your information when Digital Agent has a legitimate interest to do so. This includes, for example, processing your information to:

      1. provide you with requested customer service or technical support;

      2. debug and improve the current and future Site;

      3. provide you with certain content, personalize your Site experience with us and contact you in accordance with your applicable advertising and marketing preferences;

      4. monitor activity on the Site to prevent or detect any fraudulent use of the Site;

      5. prevent or detect any fraudulent payment; and

      6. establish, exercise, or defend legal claims or in connection with any court or jurisdiction.

         You mayContact Us to request more information regarding our legitimate interest balancing test where this is our lawful basis. Your request must include confirmation that you are in the UK or EEA.

   4. Legal Obligation. To process your information for compliance with any legal obligation to which deserw is subject.

2. Your Rights to Your Information

   In addition to your rights to view, correct, and update your information, you mayContact Usto submit a request to access or remove your personal information. Your request must include confirmation that you are located in the UK or EEA. In addition, if you have a Site account, you may submit a request to remove your personal information through the account services portal in our mobile application.

   In certain circumstances, you mayContact Usto request that we transfer personal information that you have provided to us. Your request must include confirmation that you are located in the UK or EEA.

3. Your Right to Object

   You may object to the processing of your personal information based on a legitimate interest on grounds relating to your circumstances.

4. Exercising Your Rights and Complaints

   For each of the rights described above, pleaseContact Us.

   Your right to file complaints with a data protection supervisory authority in the country where you live or work or where you consider a breach has occurred remains unaffected.

5. International Transfers

   Your information will be collected, processed, and stored directly on or transferred to servers in the U.S. In addition, it may be transferred to other countries where deserw, its affiliates, or third party business partners maintain facilities or business operations, which may include countries outside the UK or EEA. Where we are required by law to implement appropriate safeguards to protect your personal information, we use approved contractual clauses to do so. If you have questions, pleaseContact Us.

Notice to Users Outside the U.S., UK, and EEA

Your information will be collected, processed, and stored directly on or transferred to servers in the U.S. and may be transferred other countries where deserw, deserw affiliates or our third party business partners maintain facilities or business operations. Your personal information will be accessible to law enforcement and/or regulatory authorities according to the applicable laws of such countries.

No matter where the information is located, deserw takes commercially reasonable measures to safeguard your privacy rights in accordance with this Privacy Policy. If you do not agree to the collection, processing, storage and transfer of your information, please do not provide your information to us and stop using our Site.

Contact Us

To contact us about this Privacy Policy:

send an email to alex@deserw.com;