California Privacy Notice

1. CALIFORNIA PRIVACY NOTICE

This California Privacy Notice is effective as of June, 2020.  

This notice supplements Diva’s Privacy Policy and applies only to California residents. This California Privacy Notice sets forth the disclosures and rights for California consumers regarding their Personal Information, as required by the California Consumer Privacy Act (“CCPA”).  Terms used in this California Privacy Notice have the same meanings given in the CCPA and the regulations of the Attorney General implementing the CCPA, unless otherwise defined. 

INFORMATION DIVA COLLECTS

The Personal Information we collect about you will depend upon how you use our Site or otherwise interact with us. Accordingly, we may not collect all of the below information about you.

We may also collect and/or use additional types of information, and will do so after providing notice and obtaining your consent to the extent such notice and consent is required by the CCPA. 


Category of Personal Information Collected

Identifiers

This category includes information such as name, contact information, and online or device identifiers.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

  • Consumers,
  • Cookies and tracking technologies,
  • Third party service providers, such as Internet Service Providers (ISPs),
  • Third party social media companies,
  • Third party business partners, such as data analytics providers, data brokers, advertising networks, or joint marketing partners,
  • Government entities.

Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to: 

  • to allow you to participate in the Site and the features we offer, and to tailor our content to you;
  • to process a transaction (through our Site) or your account registration, verify your identity, and send you confirmations and receipts;
  • to tailor and target recommendations, advertisements, and offers to you from us and/or from third party advertising partners, both on the Site and elsewhere online; 
  • to contact you with regard to your use of the Site and, in our discretion, changes to the Site policies;
  • to establish, maintain and manage our client relationships in order to provide products and services that have been requested, provide related customer service, including to communicate with you to respond to your inquiries or requests you submit to us;
  • to send you marketing communications on behalf of ourselves and/or third party advertising partners (such as through email, text message, and notifications on your device) and newsletters to inform you of our products and promotions; 
  • to recognize you across the Site and across devices; 
  • to understand and respond to your needs and preferences, including to contact and communicate with you and to conduct surveys, research and evaluations;
  • to monitor quality control;
  • to operate and protect our Site from errors, misuse of the Site, fraud, any criminal activity, and other illegal activities or activities that violate our policies;
  • to comply with, any legal or regulatory requirements or provisions, including in relation to adverse event reporting; 
  • to understand how you use our products and services, to improve the Site and our products, develop more interesting and relevant products and services, and for other internal business purposes;
  • to facilitate your job search via the Site and prepare related governmental and internal statistics reports; 
  • to detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Site;
  • for purposes disclosed to you at the time of collection or with your consent.

Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to:

  • Third party service providers,
  • Third parties whose features are integrated on our sites, such as social media networks,
  • Third party advertising and analytics companies,
  • Third parties with whom we have joint marketing and similar arrangements, 
  • Third parties as needed to complete the transaction, 
  • Third parties who assist with our information technology and security programs,
  • Third parties who assist with loss and fraud prevention,
  • Third parties who provide professional services to Diva,
  • Law enforcement, government entities, or others if required by law (such as pursuant to subpoenas or court orders),
  • Third parties as needed to protect and/or defend our legal rights,
  • Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition,
  • Third parties when you agree to or request that we share your information with them.

Categories of Third Parties to Whom this Type of Personal Information is Sold

Third party advertising business partners may have access to this data, and this may be considered a sale under CCPA under certain circumstances.


Category of Personal Information Collected

Any categories of personal information described in subdivision (e) of Section 1798.80

This category includes information such as name, contact information, financial information and online or device identifiers.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

  • Consumers,
  • Cookies and tracking technologies,
  • Third party service providers, such as Internet Service Providers (ISPs),
  • Third party social media companies,
  • Third party business partners, such as data analytics providers, data brokers, advertising networks, or joint marketing partners,
  • Government entities

Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

  • to allow you to participate in the Site and the features we offer, and to tailor our content to you;
  • to process a transaction (through our Site) or your account registration, verify your identity, and send you confirmations and receipts;
  • to tailor and target recommendations, advertisements, and offers to you from us and/or from third party advertising partners, both on the Site and elsewhere online; 
  • to contact you with regard to your use of the Site and, in our discretion, changes to the Site policies;
  • to establish, maintain and manage our client relationships in order to provide products and services that have been requested, provide related customer service, including to communicate with you to respond to your inquiries or requests you submit to us;
  • to send you marketing communications on behalf of ourselves and/or third party advertising partners (such as through email, text message, and notifications on your device) and newsletters to inform you of our products and promotions; 
  • to recognize you across the Site and across devices; 
  • to understand and respond to your needs and preferences, including to contact and communicate with you and to conduct surveys, research and evaluations;
  • to monitor quality control;
  • to operate and protect our Site from errors, misuse of the Site, fraud, any criminal activity, and other illegal activities or activities that violate our policies;
  • to comply with, any legal or regulatory requirements or provisions, including in relation to adverse event reporting; 
  • to understand how you use our products and services, to improve the Site and our products, develop more interesting and relevant products and services, and for other internal business purposes;
  • to facilitate your job search via the Site and prepare related governmental and internal statistics reports; 
  • to detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Site;
  • for purposes disclosed to you at the time of collection or with your consent.

Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to:

  • Third party service providers,
  • Third parties whose features are integrated on our sites, such as social media networks,
  • Third party advertising and analytics companies,
  • Third parties with whom we have joint marketing and similar arrangements, 
  • Third parties as needed to complete the transaction, 
  • Third parties who assist with our information technology and security programs,
  • Third parties who assist with loss and fraud prevention,
  • Third parties who provide professional services to Diva,
  • Law enforcement, government entities, or others if required by law (such as pursuant to subpoenas or court orders),
  • Third parties as needed to protect and/or defend our legal rights,
  • Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition,
  • Third parties when you agree to or request that we share your information with them.



Category of Personal Information Collected

Commercial information

This category includes, for example, information about your transactions with us, reviews you have written, your contacts with our customer service, and your participation in sweepstakes or contests we have offered.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

  • Consumers,
  • Cookies and tracking technologies,
  • Third party service providers, such as Internet Service Providers (ISPs),
  • Third party social media companies,
  • Third party business partners, such as data analytics providers, data brokers, advertising networks, or joint marketing partners,
  • Government entities.

Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

  • to allow you to participate in the Site and the features we offer, and to tailor our content to you;
  • to process a transaction (through our Site) or your account registration, verify your identity, and send you confirmations and receipts;
  • to tailor and target recommendations, advertisements, and offers to you from us and/or from third party advertising partners, both on the Site and elsewhere online; 
  • to establish, maintain and manage our client relationships in order to provide products and services that have been requested, provide related customer service, including to communicate with you to respond to your inquiries or requests you submit to us;
  • to monitor quality control;
  • to operate and protect our Site from errors, misuse of the Site, fraud, any criminal activity, and other illegal activities or activities that violate our policies;
  • to comply with, any legal or regulatory requirements or provisions, including in relation to adverse event reporting; 
  • to understand how you use our products and services, to improve the Site and our products, develop more interesting and relevant products and services, and for other internal business purposes;
  • to detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Site;
  • for purposes disclosed to you at the time of collection or with your consent.

Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to: 

  • Third party service providers,
  • Third parties with whom we have joint marketing and similar arrangements, 
  • Third parties as needed to complete the transaction, 
  • Third parties who assist with our information technology and security programs,
  • Third parties who assist with loss and fraud prevention,
  • Third parties who provide professional services to Diva,
  • Law enforcement, government entities, or others if required by law (such as pursuant to subpoenas or court orders),
  • Third parties as needed to protect and/or defend our legal rights.
  • Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition,
  • Third parties when you agree to or request that we share your information with them.



Category of Personal Information Collected

Internet or other electronic network activity information

This category includes information such as details about the hardware and software you use to visit the Sites, areas of the Sites you visit, and login information.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

  • Consumers,
  • Cookies and tracking technologies,
  • Third party service providers, such as Internet Service Providers (ISPs),
  • Third party social media companies,
  • Third party business partners, such as data analytics providers, data brokers, advertising networks, or joint marketing partners,
  • Government entities.

Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

  • to allow you to participate in the Site and the features we offer, and to tailor our content to you;
  • to tailor and target recommendations, advertisements, and offers to you from us and/or from third party advertising partners, both on the Site and elsewhere online; 
  • to recognize you across the Site and across devices; 
  • to monitor quality control;
  • to operate and protect our Site from errors, misuse of the Site, fraud, any criminal activity, and other illegal activities or activities that violate our policies;
  • to comply with, any legal or regulatory requirements or provisions, including in relation to adverse event reporting; 
  • to understand how you use our products and services, to improve the Site and our products, develop more interesting and relevant products and services, and for other internal business purposes;
  • to detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Site;
  • for purposes disclosed to you at the time of collection or with your consent.

Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to: 

  • Third party service providers,
  • Third parties who assist with our information technology and security programs,
  • Third parties who assist with loss and fraud prevention,
  • Third parties who provide professional services to Diva,
  • Law enforcement, government entities, or others if required by law (such as pursuant to subpoenas or court orders),
  • Third parties as needed to protect and/or defend our legal rights.
  • Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition,
  • Third parties when you agree to or request that we share your information with them.

Categories of Third Parties to Whom this Type of Personal Information is Sold

Third party advertising business partners may have access to this data, and this may be considered a sale under CCPA under certain circumstances



Inferences drawn from any of the information identified above to create a profile about a consumer

These inferences may relate to your perceived interests, preferences, characteristics, or behavior.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

  • Consumers,
  • Cookies and tracking technologies,
  • Third party service providers, such as Internet Service Providers (ISPs),
  • Third party social media companies,
  • Third party business partners, such as data analytics providers, data brokers, advertising networks, or joint marketing partners,
  • Government entities.

Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

  • to tailor and target recommendations, advertisements, and offers to you from us and/or from third party advertising partners, both on the Site and elsewhere online; 
  • to understand and respond to your needs and preferences, including to contact and communicate with you and to conduct surveys, research and evaluations;
  • to understand how you use our products and services, to improve the Site and our products, develop more interesting and relevant products and services, and for other internal business purposes;
  • for purposes disclosed to you at the time of collection or with your consent.

Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to:

  • Third party service providers, 
  • Third parties whose features are integrated on our sites,
  • Third party advertising and analytics companies,
  • Law enforcement, government entities, or others if required by law (such as pursuant to subpoenas or court orders),
  • Third parties as needed to protect and/or defend our legal rights,
  • Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition,
  • Third parties when you agree to or request that we share your information with them

Categories of Third Parties to Whom this Type of Personal Information is Sold

Third party advertising business partners may have access to this data, and this may be considered a sale under CCPA under certain circumstances.



EXERCISING YOUR CALIFORNIA ACCESS, DELETION, AND OPT-OUT RIGHTS

California residents have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the specific pieces of Personal Information we have collected about you in the prior 12 months (“Right to Know”); (2) that we delete the Personal Information we collect about you (“Right to Delete”); or (3) to opt-out from the sale of Personal Information, all subject to exceptions set forth in the CCPA.  More information on each of these rights is below. 

Agents

If you are an agent submitting a request on a user’s behalf, please send an email to ccparequests@divacup.com with a declaration signed by the individual who is the subject of the request authorizing you to make the request on their behalf.  The written permission must state your full legal name, the full legal name of the individual who is the subject of the request, and needs to be clear about the permission granted.  Alternatively, you may submit a copy of a power of attorney under Probate Code sections 4000-4465. In either case, please also indicate in your email the nature of your request. The consumer’s identity, in addition to your own, will need to be independently verified in order for us to be able to fulfill your request.  We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the consumer’s behalf, we may deny the request.

How to Make Request to Know or Request to Delete

If you are a California resident and would like to request information about the Personal Information we have collected about you in the prior 12 months or to request that we delete your information, please contact us at ccparequests@divacup.com. You may also call us toll-free at 1-833-444-3482 (DIVA). 

Verifying Requests

Please provide your first and last name, email address you have used to interact with Diva, mailing address, and telephone number (if you have provided it), which we will use to verify your request. We may ask for additional information as needed to fully verify you or your request.

If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.

Other Important Information:

Request to Know

In order to have us provide specific pieces of information, we will require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. 

Request to Delete

To ensure that we do not delete your personal information in response to a fraudulent request, once you submit the request, we will follow up to confirm that you want your information to be deleted. 

RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION 

We do not sell your personal information for monetary compensation, but our online advertising practices (and certain analytics or similar activities) may potentially be considered “sales” under the CCPA in certain circumstances.  The Digital Advertising Alliance (“DAA”) offers tools for California consumers to send requests under the CCPA to opt out of the sale of personal information by some or all of the participating companies (https://www.privacyrights.info/ ).  

Additionally, some third-party advertising and analytics companies are members of the Network Advertising Initiative (“NAI”) or the DAA Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. (Note that these are cookie-based opt-outs. If you disable your cookies or upgrade your browser after opting out, or if you use different computers or browsers, you will need to indicate your opt-out choices across those other computers and browsers.)

You may also be able to limit the access these third-party advertising companies have to information about you when you use our Site by installing a browser or browser extension that can enable you to block the functionality of some tracking technologies.

Please be aware that utilizing these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.

Users Younger than 16

Diva does not knowingly sell Personal Information of minors younger than 16 years of age.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

California consumers have the right to not receive discriminatory treatment for exercising CCPA rights.  We will not discriminate against you for exercising your CCPA rights. 

Contact for More Information 

You can contact us for more information by writing us at ccparequests@divacup.com.