Effective Date: September 2, 2015
TABLE OF CONTENTS
Your California Privacy Rights
Information We Collect on the Website
How We Use Your Personally Identifiable Information and Usage Information
Public Forums/User Content
Updating or Deleting Your Personally Identifiable Information
Jurisdictional Issues – Consent to Transfer
YOUR CALIFORNIA PRIVACY RIGHTS
Under California Law, California residents may have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of Personally Identifiable Information and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make such requests, if entitled, please write to California Privacy Rights c/o Diversion Publishing Corp; 443 Park Avenue South, Suite 1008, New York, NY 10016.
INFORMATION WE COLLECT ON THE WEBSITE
Collection of Usage Information:
When users come to our Website, we automatically collect “Usage Information” which include among other things, which pages of our Website were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our Website. Collecting such information may involve logging the IP address or other unique identifier (“Device Identifier”) for your computer, phone, tablet or other device used to access the Website (any, a “Device”), operating system and browser software used by each user of the Website. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity. Whenever we associate Usage Information or a Device Identifier with your Personally Identifiable Information, we will treat it as Personally Identifiable Information.
Technology Used on the Website:
Cookies, web beacons and embedded script allow Diversion to serve you better and more efficiently, and to personalize your experience at our Website. Cookies, web beacons and embedded script are not used to retain Personally Identifiable Information. You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, certain of the functions and conveniences of this Website may not work properly, but you do not have to accept our cookies in order to use many functionalities of the Website.
California Business & Professions Code Section 22575(b)(as amended effective January 1, 2014) provides that California residents are entitled to know how Diversion responds to “Do Not Track” browser settings. Diversion does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We will continue to review new technologies and may adopt a standard once one is created.
Collection of Personally Identifiable Information:
In order to access certain features and benefits on our Website, you may need to submit “Personally Identifiable Information” (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name, address, telephone number and email address. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Diversion. Inaccurate information may affect your ability to use the Website, the information you receive when using the Website, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you. We may collect Personally Identifiable Information in connection with various functionality and services offered via the Website, including the following:
Updates and Newsletters:
Diversion may offer you the ability to receive email updates and newsletters. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name, email address and zip code.
Participation in Contests, Sweepstakes, and Other Promotions:
Diversion may offer you the opportunity to participate in a contest, sweepstakes, or other promotions on or through the Website. If you desire to participate in any such contest, sweepstakes, or other promotion, you will be asked to provide us with certain information necessary to conduct such contest, sweepstakes, or other promotion. This information may include, among other things, your name, age, mailing address, email address, and phone number.
Communications with Diversion:
We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.
Social Media Interaction:
Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if you make your photo public by posting it on our Website.
HOW WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION AND USAGE INFORMATION
Please take some time to familiarize yourself with the different ways Diversion Publishing Corporation uses the information that we gather.
We use Usage Information in aggregate form to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Website.
Personally Identifiable Information:
Updates and Newsletters:
We use Personally Identifiable Information collected when you sign-up for our various email, newsletter or update services to send you the messages and newsletters that you request us to send.
Participation in Contests, Sweepstakes and Other Promotions:
We use the Personally Identifiable Information that we collect from you when you participate in a contest, sweepstakes, or other promotion through the Website for processing purposes and in connection with Winner’s lists. For instance, when a Promotion involves a users’ uploading of User Content to the Website, we may use the Metadata associated with that User Content in order to identify the source of the content and to increase its visibility for the purposes of the Promotion.
Communications with Diversion:
Disclosure to our Third Parties:
Disclosure to Diversion Operations and Maintenance Contractors:
Our operations and maintenance contractors may have access to your Personally Identifiable Information in the course of providing products or services to us. These contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Website. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
Government Authorities, Legal Rights and Actions:
Disclosure to Acquirers:
Diversion may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Diversion to which your Personally Identifiable Information relates.
Administrative and Other Purposes:
Diversion may use your Personally Identifiable Information for administrative reasons, such as to contact you about Website or policy updates, or for other reasons disclosed by us when you submit your Personally Identifiable Information.
PUBLIC FORUMS/USER CONTENT
We incorporate commercially reasonable safeguards to help protect and secure your Personally Identifiable Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Websites and provide us with your information at your own risk.
UPDATING OR DELETING YOUR PERSONALLY IDENTIFIABLE INFORMATION
You may unsubscribe from certain email communications by clicking the “Unsubscribe” link provided at the bottom of an email sent to you by Diversion. You may also email us at email@example.com in order to delete or update your Personally Identifiable Information on our systems. We try to answer email promptly, but may not always be able to do so. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information. Please note that we reserve the right to send you certain communications relating to your use of the Website and these transactional messages may be unaffected if you choose to opt-out from marketing communications.
Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website. Diversion will not use your Personally Identifiable Information in a manner materially different than what was stated at the time it was collected without your consent.
JURISDICTIONAL ISSUES — CONSENT TO TRANSFER
The Website is operated in the United States and intended for users located in the United States. If you are located in the European Union, Canada or anywhere else outside of the United States, please be aware that information we collect, including, without limitation, Personally Identifiable Information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personally Identifiable Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Website or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.
The Website is a general audience web site and we do not knowingly collect any Personally Identifiable Information from children younger than the age of thirteen (13). Additionally, we will delete any Personally Identifiable Information collected that we later determine to be from a user younger than the age of thirteen (13)
CONTACTING DIVERSION PUBLISHING CORP
Phone: (212) 961-6390
443 Park Avenue South
New York, NY 10016