Privacy Policy

Version 1, effective as of 1 June 2024

In this Privacy Policy, we describe the types of data, including Personal Data (collectively, “data”), that we and our associated companies collect from you when you use Divversion Websites and certain Divversion Products and services as described in this Privacy Policy (collectively, our “services”), how we and our associated companies use and disclose that data, and your options to access or update your data.

This Privacy Policy may be amended from time to time. The respective latest version of the Privacy Policy at the point of time of the purchase or registration of a Divversion Software Product (whichever occurs later) shall apply.

The data controllers are Divversion Ltd, registered in England and Wales under company number 15621126 with registered office at 71-75 Shelton Street, London, WC2H 9JQ, UK, with ICO Registration Reference ZB680704.

Definitions

“Divversion” or “we” means Divversion Ltd, registered in England and Wales under company number 15621126 with registered office at 71-75 Shelton Street, London, WC2H 9JQ, UK (we, us, our).

“Divversion Software Product” means any software product owned or created by Divversion. This excludes software that can be used by Divversion Software Products but is not created by Divversion, which may include, but is not be limited to, code that extends the functionality of a Divversion Software Product (e.g., a “plugin”). Any such code is governed by its own terms and conditions and privacy policy.

“Divversion Downloadable Software Product” refers to any Divversion Software Product that can be downloaded and installed on a device.

“Divversion Software as a Service” means any Divversion Software Product that is offered as a hosted solution, where the software is installed and maintained by Divversion and provided to you as a service.

“Divversion Products” refers collectively to Divversion Software Products, Divversion Downloadable Software Products, Divversion Website, and Divversion Software as a Service.

“Divversion Website” or “Website” means any website that is the property of Divversion, including but not limited to everything hosted under the top-level domains divversion.com, divversion.io and divversion.co.uk.

“Divversion Account” is an account you must create to use any Divversion Software Product or the Divversion Website and which Divversion may use in communicating with you or providing Divversion Products to you. The Divversion Account may contain your first name, last name, email address, username and if uploaded voluntarily, your photograph or another avatar, as well as further data that you voluntarily provide. Your account is accessed via a username and password and can be used to manage your Personal Data.

“Divversion Terms of Use” refers collectively to any Divversion Software Terms of Service, Divversion Website Terms of Use Agreement or any other agreements you have in place with Divversion covering Divversion Products or services.

“Personal Data” means any data relating to an identified or identifiable natural person.

All other capitalized terms used in this Privacy Policy shall have the same meaning as defined in article 4 GDPR (such as personal data, controller, processor, data subject, and others), unless defined otherwise in this definition clause.

Why We Collect Data and What We Collect

We collect data for various reasons, such as:

a) To provide you with software, services, or information. We may collect data, including your Personal Data, which are required to provide you with the software, support, and services, including checking for license validation and updates, provision of support, reporting of issues and bugs, and other processing connected with the use of Divversion software, services, or information. We may use collected data in our development and testing of products and services. You explicitly fill in the Personal Data required for you to receive the software, support, or services, whether you purchase or use Divversion Products, use our support forums, sign up for a Divversion Account, register for a webinar, participate in a survey, and/or subscribe to receive marketing and/or technical information and content, or this data is collected in the course of use of Divversion Products. We may use third-party service providers, acting as data processors, to assist us in providing Divversion Products to you or in our operations. For example, we may use third-party service providers to provide data storage and backup services. With your consent, your Personal Data may also be transferred to third-party service providers, acting as separate data controllers, who provide products and services complementary to Divversion Products (further data processing performed by these service providers is governed by their privacy policies). The legal basis for this data processing is the performance of a contract between you and us.

b) To protect us from piracy and unlawful use of our software or services. We may collect data which are required to protect us from any piracy, unlawful, or unauthorized use of our software or services, or which are necessary to ensure the security of our software or services, including both Personal Data provided by you (see above) and data collected in the course of use of Divversion Products. The legal basis for this data processing is Divversion’ legitimate interest in protection from piracy and unlawful use of Divversion software and services.

c) To improve our offerings based on usage. We may collect data based on your use of Divversion Products and services, and we do not associate these data with your name. We use these data to better understand the usage patterns of our products and the behaviors of our collective audience. At times we may share this information in aggregated anonymous form with third parties. Collection of data based on your use of Divversion Downloadable Software Products is done only if you permit it. The legal basis for this data processing is our legitimate interest in improving our software and services.

d) For internal evidence of Divversion and to protect the rights and interests of Divversion and other users. We may collect data which are required to keep evidence of provision of software and services to you, of any communication between you and us, of your contact details, of your use of our software and services, of any payments or refunds, and of any issues or disputes between you and us. We may use and disclose these data where we believe, in our sole judgment, that it is legitimate and appropriate to do so to protect our rights and interests and the rights and interests of other users of Divversion Products or services, or where we believe there has been a violation of this Privacy Policy that could affect the interests of Divversion or its customers. The legal basis for this data processing is our legitimate interest in keeping internal evidence and protecting the rights and interests of us and other users.

e) To promote and market our products and services. We may use feedback that you provide voluntarily on our products or services. As permitted by applicable law, we may use this in the form of quotes or in other ways in accordance with the Divversion Terms of Use. We also may use data that we collect and aggregate to assist us in determining appropriate marketing and advertising for our products and services. In doing so, we may share anonymous aggregated data with third parties to assist us with these efforts. With your consent or if permitted by applicable law, we may also use your contact details to send you commercial communications about our products and services. We also may use third-party service providers to assist us with our email marketing; in that case, the third-party service provider will have access to your email address, your name, and other information necessary to engage in the marketing. Such third-party service provider will act as a data processor and will not use your Personal Data for any other purpose. The legal basis for this data processing is our legitimate interest in promoting and marketing our products and services.

f) To fulfil legal duties stipulated by accounting, taxation, and other laws. We may use and disclose your Personal Data where required by law, such as in keeping and disclosing our accounts, in keeping and disclosing our tax records, and in response to a court order, valid subpoena, or other legal process. The legal basis for this data processing is our compliance with our legal obligations.

You may object to the processing of your Personal Data for the purposes b) to e) at any time.

Categories of data involved in data processing include:

  • names,
  • email address,
  • phone number,
  • username,
  • password,
  • photograph (if voluntarily provided),
  • cookies,
  • IP address,
  • SSH public key,
  • physical address,
  • marketing preferences,
  • information about subscription and payments,
  • website and app user journey information,
  • tax ID,
  • data about usage of Divversion Products and services,
  • comments, voluntarily provided feedback, and any data provided in survey responses,
  • data in issue reports pertaining to Divversion Products and services,
  • records of consent, where appropriate.

Where appropriate, we will prompt you to give us your consent to the collection and processing of your data as described above. This may happen within Divversion Products, on Divversion Website, or in another environment set up by Divversion.

We will retain your information as long as your Divversionm Account is registered. You can delete your account within the Divversion software application or by writing to legal@divversion.com.

Lawful bases

Our lawful bases for collecting or using personal information for the operation of customer accounts, guarantees, service updates and marketing purposes are Consent and Contract.

Children

Our products and services are not designed for and are not offered to children under the age of 13. If we discover that a person under the age of 13 has submitted information directly to us, we will endeavor to delete the information from our systems.

Sharing

Collected Personal Data are shared based on the Subscription Software Terms of Service, Website Terms of Use, or other agreements relating to a product or service in use, and this Privacy Policy.

According to Terms of Use covering a particular product or service, as part of the product or service functionality, collected Personal Data may be shared with other representatives of your company.

We may share your Personal Data with certain third parties which help us provide you with Divversion Products or services, or to run our business, for example to providers of data storage and backup services. We may also share your Personal Data with individual representatives of your company.

Your Personal Data may also be shared with other organizations or individuals if we have obtained your consent to do so.

We may also share your Personal Data with certain third parties if we are obliged to do so under applicable legislation (especially with tax authorities or with other government bodies exercising their statutory powers) or if such sharing is necessary to achieve the purposes defined above (especially with government bodies or with parties harmed as a result of violations of applicable laws).

Where necessary, we may transfer personal information outside of the UK. When doing so, we comply with the UK GDPR, making sure appropriate safeguards are in place.

To adhere to the requirements of the California Consumer Privacy Act (CCPA), we hereby notify you that Divversion will not a) retain, use, sell, or otherwise disclose any Personal Data for any purpose other than to provide the Products and services specified in the Subscription Agreement; or b) retain, use, sell, or disclose such Personal Data outside of the direct relationship between Customer and Divversion; or c) use Personal Data other than as described within (i) the Divversion Privacy Policy available at https://www.divversion.com/legal/privacy; (ii) the Divversion Software Terms of Service available at https://www.divversion.com/legal/softwareterms; (iii) the Divversion Website Terms of Use available at https://www.divversion.com/legal/webterms; or (iv) any other specific agreement you may have entered into with Divversion.

Security

To secure your Personal Data, our products and services are designed with security and privacy in mind.

We encrypt your data in transfer and at rest where it is technically feasible. External web resources are protected by SSL encryption.

We review the processes of Personal Data usage before implementing them. This is done to minimize data usage and to make sure that you as the data owner is informed about the processing. When the reason for data storage expires, we remove your Personal Data from our servers or anonymize it for further usage. By the nature of the activity within which your data is collected, it may appear in datasets used for research. Before using the datasets for research or other purposes you are not informed of, we remove or anonymize your Personal Data in the datasets.

We use partners to host our services and websites and to process your data in accordance with this Privacy Policy. While choosing the partners, we ascertain their compliance with legal regulations and security standards to make sure your data are stored in a secure location with appropriate security measures in place.

Location of Your Information

Any servers or services that contain Personal Data are located within the EU or UK. At times, Divversion may process or transfer some of your Personal Data (such as name and email address) to our affiliate companies outside of the EU or UK. Any such transfer will be made in accordance with the applicable laws on data protection and this Privacy Policy and will be based on a relevant adequacy decision of the European Commission, especially on standard data protection clauses.

Divversion Websites may contain links to other websites provided by third parties not under Divversion’s control. When following a link and providing information to a third-party website, please be aware that Divversion is not responsible for the data provided to that third party. This Privacy Policy only applies to Divversion Website, any Divversion Products, so when you visit other websites, even when you click on a link posted on Divversion Websites, you should read their own privacy policies.

Data Retention, Withdrawal of Approval, Access to Data and Your Rights

If at any time you choose to cease using Divversion Products, you may ask for your Personal Data to be removed from our servers by sending a request to legal@divversion.com or delete your account via the Divversion application. After the Personal Data removal, we may keep pseudonyms of your Personal Data solely for a record about the data removal. Generally, we retain your Personal Data as long as we need to in order to achieve the purpose for which it was collected. We may retain your information if it is required to comply with legal obligations and/or defense in case of violation of Divversion Terms of Use and/or Privacy Policies. We may also have copies of your information in application logs, weblogs, and/or backups made for security and support purposes if this is mentioned in a Terms of Use or consent text accepted before the Personal Data collection. These backups will not be accessible as separately delineated information.

We may store Personal Data pertaining to a customer or user for as long as they are entitled to a license or usage of Divversion Products. Further, we may keep the data to protect ourselves from damage in case of litigation in accordance with the current legislation. Please note, however, that you must retain a copy of all data that you have placed on our servers in the case of any loss; further, if you cease using our software and/or services, we will not be responsible for the retention of any of your data.

You may manage your Personal Data in your Divversion Account, including opting out of certain kinds of data collection. You are responsible for the correctness of the Personal Data you provide to us. We expect you to check the Personal Data you provide to us and if any inconsistency takes place, update your Personal Data or report the inconsistency to Divversion.

As permitted by applicable law, EU residents may request a copy of the information that we hold about them. To do so, please go to your Divversion Account and ask for a copy through the means available there, or contact legal@divversion.com. We may charge a fee in accordance with applicable law for this service.

Moreover, as set out in locally applicable Personal Data protection law, you may have the right to:

  • Your right of access – You have the right to ask us for copies of your personal data.
  • Your right to rectification – You have the right to ask us to rectify personal data you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
  • Your right to erasure – You have the right to ask us to erase your personal data in certain circumstances.
  • Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal data in certain circumstances.
  • Your right to object to processing – You have the right to object to the processing of your personal data in certain circumstances.
  • Your right to data portability – You have the right to ask that we transfer the personal data you gave us to another organisation, or to you, in certain circumstances.
  • Your right to withdraw consent – When we use consent as our lawful basis you have the right to withdraw your consent.

You don’t usually need to pay a fee to exercise your rights. If you make a request, we have one calendar month to respond to you.

These rights can be exercised via the email address legal@divversion.com.

You may also contact Divversion to get up-to-date information about your Personal Data processing and any Personal Data recipients.

How to complain

If you have any concerns about our use of your personal data, you can make a complaint to us using the contact details at the top of this privacy notice.

If you remain unhappy with how we’ve used your data after raising a complaint with us, you can also complain to the ICO:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
UK Helpline number: 0303 123 1113
Website: https://www.ico.org.uk/make-a-complaint

Our ICO Registration Reference is ZB680704.

Changes to this Policy

This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Policy on Divversion Website. If we make any changes to this Privacy Policy that materially affect our practices with regard to the Personal Data we have previously collected from you, we will endeavor to provide you with an advance notice of such change by highlighting the change on Divversion Website.

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