Please take a moment to read this Policy. Please also review the Terms of Service which governs your use of the Site. Please note that certain features or services discussed in this Policy may not be offered through the Site at all times.
TABLE OF CONTENTS
- INFORMATION WE COLLECT
- Information You Provide Directly
- User Content Submissions
- Information We Collect Automatically as You Access and Use the Site
- Information We Collect from Other Third Parties
- Social Media Features
- HOW WE USE INFORMATION
- HOW WE DISCLOSE INFORMATION
- Third Party Advertising and Analytics Providers
- YOUR CHOICES
- JURISDICTIONS AND CROSS BORDER TRANSFERS
- ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
- THIRD PARTY LINKS AND CONTENT
- CHANGES TO THIS POLICY
- CONTACT US
- INTERNATIONAL USERS
- 1. UNITED STATES
- Notice to Nevada Residents
- Notice to California Residents
- Your California Privacy Rights
- How We Respond to “Do Not Track” Signals
- We may collect personal information from or about you, including personal contact information, demographic information, payment information, customer relationship information, and user content you submit to us.
- We primarily use this information in connection with your relationship with Diva, your use of the Site, processing your transactions, improving our Site, and for sending you information from us, and tailoring the information we provide to you.
- We may share your information with third parties, for example, third party service providers, in relation to sweepstakes, contests, and promotions, and for administrative and legal reasons. For full details, please review the section below titled “HOW WE DISCLOSE INFORMATION”.
- Diva also works with third party advertising and analytics providers and similar third parties who may set and access their own tracking technologies (such as cookies and pixels) and they may otherwise collect or have access to information about you and your interactions with us, and may use that information to serve you targeted ads on our Site and elsewhere online. For more information, including your opt-out choices, please review the section titled “Third Party Advertising and Analytics Providers”.
- We also offer you choices on what we do with your information, and offer you the opportunity to access, update, or correct your information. For more detail, please see the sections titled “YOUR CHOICES” and “ACCESSING OR UPDATING YOUR INFORMATION”.
- We employ commercially reasonable administrative, technological and procedural safeguards; however, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you
- How to contact us: For more information about this Policy, our privacy practices or to obtain access to or correction of your personal information, please contact [email protected]
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 contact information), and we treat additional information, including IP addresses, cookie identifiers, and other potentially identifiable information as “personal information” where required by applicable law. And, if we combine information we consider to be non-personal with personal information, we will treat that combined information as personal information under this Policy and as required by law. Note that we may de-identify personal information so that it is non-personal, such as aggregating it or converting it to a code, sometimes using a function commonly known as a “hash”. We will treat de-identified information as non-personal to the fullest extent allowed by applicable law, and may use or disclose such non-identifying, non-personal information for any purposes that we deem appropriate.
Our Site is intended for a general audience and is not intended for use by or targeted to minors younger than the age of 16. We do not knowingly collect personal information from minors younger than the age of 16.
Information You Provide Directly:
We may ask you to provide us with information directly when you interact with us, such as:
- personal contact information (name, postal address, e-mail address, telephone number);
- demographic information (such as birth day and month or similar information); information about your preferences and interests, and how you use our product; payment information (such as the last four digits of your credit or debit card number and associated card information) (which may be processed by Shopify, the third party payment processor that runs our online store, or by other third party payment processors, depending on your preferred payment method); and
- customer relationship information, such as customer requests and feedback information requested or provided by or from you, or other information you choose to provide to us.
User Content Submissions:
The Site may provide you the opportunity to participate in posting content publicly in forums, chatrooms, and through other communication functionality, such as product reviews or testimonials or in connection with a sweepstakes. These forums may ask you to create an account or may allow you to participate without creating an account, may allow you to submit or post photographs, videos, questions, product reviews, comments, suggestions, or other content to submit (collectively, “User Content”). Any User Content you submit is subject to our Terms of Service, and may be used by Diva for its business and marketing purposes and may be published online or offline.
Note that anything you choose to submit or publicly post to the Site may be public—others will have access to your User Content and may share it with third parties. If you choose to voluntarily disclose personal information, that information may be considered public information and we cannot control or be held responsible for how third parties may view use or further share such content.
If you submit User Content by any means, unless we otherwise state, the User Content may be used by Diva for its business purposes and may be published online or offline (including, without limitation, on the Site or any other format currently existing or later developed). In addition, as further set forth in our Terms of Service, we may use your User Content and any excerpt from your User Content in connection with our advertising, marketing, publicity, and promotional activities.
Information We Collect Automatically as you Access and Use the Site:
We and our third party business partners (including any third party content, advertising, and analytics providers) may use a variety of technologies that automatically or passively collect certain information about your use of the Site whenever you visit or interact with the Site (“Usage Information”). Usage Information may include:
- the hardware model, browser, and operating system you are using,
- the URL or advertisement that referred you to the Site, the search terms you entered into a search engine that led you to the Site, all of the areas within the Site that you visit,
- your time zone, location information, and mobile network (if applicable), among other information.
- the IP address, mobile device identifier, or other unique identifier (“Device Identifier”) for any computer, mobile phone, or other device used to access the Site. A Device Identifier is a number that is automatically assigned to your device and our servers identify your device by its Device Identifier.
In some cases, Diva may collect or receive information about your device location and may infer your device location based on your IP address or similar information. The location information we collect is accurate only to the city or state level. We use location data to help provide more relevant content during your visit.
You may be able to turn off the collection of location information through the settings on your device.
We may use Usage Information for a variety of purposes, including enhancing or otherwise improving the Site and our products and services.
The methods used to collect Usage Information may include the following:
- Cookies and Log Files. Cookies are small data files placed on a device when it is used to visit the Site or otherwise access our online content. A cookie will normally contain the name of the Internet domain from which the cookie has come, the “lifetime” of the cookie, and a value, usually a randomly generated unique number. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences, tracking your visits to our web pages, understanding how visitors use our Site, improving our Site, and for displaying offers related to your prior activity on the Site. The information we collect through cookies, log files, and related technologies, may include originating domain name, user preferences, IP address, web browser used, internet service provider, click streams, which pages of our Site you view, and the files you request. Users have the opportunity to set their devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. To prevent the download of cookies, or otherwise control how cookies are used on your computer, please read the help information supplied with your Internet browser software or go to: http://www.allaboutcookies.org. While disabling cookies may negatively affect your experience with the use of our website or app, it will not prevent us from transacting with you.
- Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs” or “pixel tags”) may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
- Embedded Scripts. An embedded script is 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 web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.
In addition, we may use a variety of other technologies that collect Usage Information and similar information for security and fraud detection purposes and to enforce our intellectual property rights.
Information We Collect From Other Third Parties:
We may receive information about you from third parties. For example, we may receive information about you if you opt-in to receive information from us when on a third party website, app or service. We may also work with third party data providers to receive more information about our customers, such as contact or demographic information. We may combine the information we receive from these other sources with information we collect through the Site. For example, we may supplement the information we collect with outside records in order to provide you with information, services, or products you have requested, to tailor content, to offer you opportunities to purchase products or services that we believe may be of interest to you, and for other purposes. In those cases, we will apply this Policy to the combined information. The information collected and stored by the third party is subject solely to the third party’s privacy practices.
Functionality on the Site may permit interactions between the Site and third-party interactive or social services (“Social Networking Features”). Examples of Social Networking Features include enabling you to “like” or “share” content from the Site or to “like” or “share” our page on a third-party service; to automatically or selectively show your social media posts on the Site; and to otherwise connect the Site to a third-party service. If you choose to share content or to otherwise post information through the Site to a third-party service, or vice versa, that information may be publicly displayed. Similarly, if you post information on a third-party service that references us (for example, by using a hashtag associated with us in your post), your post may be published on the Site or otherwise in accordance with the terms of that third party.
If you submit User Content or use Social Networking Features, including posting on our page within a third party service, we may publish that information or content online or offline, including in connection with our advertising, marketing, publicity, and promotional activities, as further described in our Terms of Service.
HOW WE USE INFORMATION
We may use information collected through the Site, including your personal information and Usage Information, for the following purposes:
- 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;
- to fulfill any other purpose consistent with this Policy or for purposes disclosed to you at the time of collection or with your consent.
If we wish to use your Personal Information for a purpose not listed above, we will only do so with your consent.
HOW WE DISCLOSE INFORMATION
We may share non-personal information, including as permitted by applicable laws, information such as Usage Information, hashed or otherwise de-identified data, and aggregated user statistics, with third parties in our discretion. However, we do not share personal information with unaffiliated third parties for their own direct marketing purposes without giving you the chance to consent (opt in or opt out). We may share the information we have collected about you in the circumstances described below or elsewhere in this Policy, as disclosed at the time you provide information, or otherwise with your consent.
In particular, Diva may disclose your personal information to:
- Diva Team: We may share your personal information with our employees, contractors, consultants and advisers who require such information to assist us with establishing, maintaining and managing our relationship with you.
- Service providers. We may work with third party organizations or individuals to perform services on our or your behalf including processing transactions and fulfilling orders, providing customer service, sending communications, providing marketing assistance and data processing or enhancement, website usage analytics, document management, office services, or other administrative services. We may give these service providers access to your information so that they can carry out the services they are performing for you or for Diva.
- Sweepstakes, contests, and promotions: We may offer sweepstakes, contests, or other promotions (any, a “Promotion”), that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may require specific requirements of you (including, without limitation, and except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion’s terms or official rules (such as on a winners list).
- Business Transfers and Transitions:In the event Diva goes through a transition (such as a merger or joint venture, acquisition, bankruptcy or sale of all or a portion of its assets, including, without limitation, during the course of any due diligence process), your information will likely be among the assets transferred. By providing your personal information, you agree that we may transfer such information to the acquiring entity.
- Administrative and Legal Reasons: Diva reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request; to protect the integrity of the Site; to fulfill your requests; to cooperate in any law enforcement investigation, an investigation on a public safety matter, or an investigation into claims of intellectual-property infringement; to protect and defend the legal rights or property of Diva, any Site or its users, or any other party; or, in an emergency, to protect the health and safety of our users or the general public. This includes exchanging information with other companies and organizations for fraud protection.
- Employment Applications: If you apply for a job through the Site, we or our service provider(s) may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with the laws and regulations enforced by the Equal Opportunity Commission and other federal, state, provincial/territorial, and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, we and/or our service provider 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. (Please note that we may utilize a careers portal that is operated by a third party, in which case your use of the careers portal will be subject to the third party’s privacy practices as disclosed on the portal, and not to this policy.)
Third Party Advertising and Analytics Providers
Diva works with network advertisers, ad agencies, analytics providers, and other advertising partners to serve Diva ads online, both on our Site, and third party websites, to serve third party ads on the Site, 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 Usage Information and other information about you. Some of these parties may collect personal information over time when you visit the Site or other online websites and services. We may share information, typically information that has been de-identified, Usage Information, and location information, with third party advertising companies, analytics providers and other third parties for the purpose of serving you more relevant ads on and off the Site. For information on your ability to opt-out of certain of these practices, please see “Your Advertising Choices” below.
Your Advertising Choices
We may use a variety of companies to serve our advertisements. Some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising and you may want to visit the following webpages, which provide “opt-out” mechanisms for participating companies: http://networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices. To learn more about interest-based advertisements from participating third parties in Canada, please visit the Canadian DAA online choice page at http://youradchoices.ca/choices/.
For mobile apps, you may be able to limit certain advertising practices using the settings on your phone, tablet or other mobile device. Also, 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. You may review additional information on opting out of mobile devices at https://www.networkadvertising.org/mobile-choice/.
Please note opting out through these mechanisms does not opt you out of being served advertising and you will continue to receive generic ads while online.
YOUR CHOICES ON HOW WE USE INFORMATION
At Diva we want you to be able to maintain control over how we use your personal information. In particular:
- You have the option to instruct us not to use your name, address, e-mail address, etc., beyond providing you with the information or service you requested or for other business purposes to the extent allowed and/or required by applicable law
- Where we send you e-mail communications for direct marketing purposes, we will include an identification of the sender and an “Unsubscribe” option. Please note that we reserve the right to send you certain email communications relating to your account or use of the Site (for example, order confirmations or responses to communications we receive from you) and these transactional account messages will be unaffected if you opt-out from marketing emails.
- You have the right to access and correct your personal information that we have on file, as discussed below in section ”ACCESSING AND UPDATING YOUR PERSONAL INFORMATION”.
- If Diva offers and you choose to sign-up to communicate with us via text message, you may unsubscribe by replying “STOP.”
- You can also turn off push notifications in your device settings.
In order to specify your privacy preferences, please contact us at the address below (see “Contact Us”).
To help protect the confidentiality of your personal information, Diva employs commercially reasonable administrative, technological and procedural safeguards. We use industry standard firewall and password protection systems.
However, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Site and provide us with information at your own initiative and risk.
JURISDICTIONS AND CROSS BORDER TRANSFERS
Your personal information may be stored and processed in any country where Diva has facilities or in which our service providers operate and, by using the Site, you understand and unambiguously consent to the transfer, processing, and storage of your information to countries outside of your country of residence, where privacy laws may offer different levels of protection from those in your country. In certain circumstances, your personal information may also be subject to access by and disclosure to law enforcement agencies under the applicable foreign legislation.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
Upon written request, subject to certain exceptions, we will inform you of the existence, use, and disclosure of your personal information and will give you access to that information. Access requests should be sent to us, using the contact information in the “Contact Us” section below. When requesting access to your personal information, we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide the personal information that we hold about you.
Your right to access your personal information is not absolute. Applicable law or regulatory requirements allow or require us to deny you access where access would inhibit the ability of Diva to comply with a legal obligation; where it has already been destroyed due to legal requirements or because we no longer need it for our business purposes and/or where access would reveal personal information about a third party.
In the event that we cannot provide you with access to your personal information, we will inform you of the reasons, subject to any legal or regulatory restrictions.
Updating or Correcting your Personal Information
You should advise Diva if you believe that your personal information is inaccurate. You have the right to ask for it to be corrected or updated. We may ask you to provide documentation to support your request for correction or updating. Diva will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for administrative purposes and that residual data may remain on backup media or for other reasons.
THIRD PARTY LINKS AND CONTENT
Diva cannot and does not guarantee, represent or warrant that the content or information contained in such third-party websites and resources is accurate, legal, non-infringing or inoffensive. Diva does not endorse the content or information of any third-party website or resource and, further, Diva does not warrant that such websites or resources will not contain viruses or other malicious code or will not otherwise affect your computer. By using our Site to search for or link to a third-party website, you agree and understand that Diva shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of, or reliance on, Diva to obtain search results or to link to a third-party website.
CHANGES TO THIS POLICY
Should you have questions about this Policy or collection, use and disclosure practices of Diva International, you may contact the Online Policy Officer by email, in writing or by telephone as indicated below:
Contact: Diva International Inc.
Address: 222 McIntyre Drive
Canada N2R 1E8
1. UNITED STATES
Notice to Nevada Residents
Diva does not currently sell your covered information as those terms are defined under applicable Nevada law. You may still submit an opt-out request and we will honor that request as required by Nevada law if Diva were to engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of the sale of your covered information, please submit your request to [email protected] Your request must include your full name, street address, city, state, zip code, and an email address so that we can contact if needed regarding this request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. Diva will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.
Notice to California Residents
Your California Privacy Rights
Pursuant to California Civil Code Section 1798.83, residents of the State of California who provide us personal information, as covered by California’s Civil Code Section 1798.83, have the right to request and obtain from us one time per calendar year information about the customer information we shared, if any, with third parties for their own direct marketing purposes during the preceding year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately preceding calendar year.If you are a California resident and wish to obtain this information from us, please send your request via email to [email protected] or write to us at the following mailing address: California Privacy Rights, Diva International Inc., Address: 222 McIntyre Drive, Kitchener, Ontario, Canada N2R 1E8. You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
How We Respond to “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, our Site does not alter its practices when they receive a “Do Not Track” signal from a visitor’s browser, except as required by applicable law. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.