This website is owned and operated by Diatribet. We respect your privacy
and understand that you have a right to know why we collect your personal information
and what we do with it. This Privacy Policy applies to information we collect through
our Sites (as defined below) as well as information we may collect offline.
This policy describes the type of information we collect from you and/or that you may
provide us when you visit and/or use this website and/or any of our mobile applications
(individually or collectively, “Sites”). “You/your/user(s)” means you as a user of our
Sites.
By accessing the Sites, you acknowledge this Privacy Policy and agree to be bound by
this Privacy Policy. If there is anything you do not understand, please email any
inquiry to [email protected]. If at any time you do not agree to this Privacy
Policy, please do not use the Sites or provide us with any personal information.
We reserve the right to change or update this Privacy Policy by posting such changes or
updates to the Sites or emailing you notice of the changes. Amendments to this Privacy
Policy will be posted at this URL and will be effective when posted. You can tell if
this Privacy Policy has changed by checking the last modified date that appears at the
top of this Privacy Policy. Your continued use of the Sites following the posting of any
amendment, modification or change shall constitute your acceptance thereof.
YOUR SECURITY
We strive to keep your Personal Information private and safe. We take commercially
reasonable physical, electronic and administrative steps to maintain the security of
Personal Information collected, including limiting the number of people who have
physical access to database servers, as well as employing electronic security systems
and password protections that guard against unauthorized access. All payment
transactions will be handled through our third-party payment processor, and we will not
have access to your credit card number or other such financial data.
Unfortunately, despite our best efforts, the transmission of data over the Internet
cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the
security of information you transmit through the Sites, any transmission of Personal
Information is at your own risk. We cannot guarantee that such information will not be
intercepted by third parties, and we will not be liable for any breach of the security
of your Personal Information resulting from causes or events that are beyond our
control, including, without limitation, your own act or omission, corruption of storage
media, defects in third-party data security products or services, power failures,
natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are
not responsible for unauthorized circumvention of any privacy settings or security
measures contained on the Sites.
INFORMATION WE COLLECT
We collect various information that identifies you as a person (“Personal Information”)
in two ways. First, we collect Personal Information that you provide to us. Second, we
collect certain Automated Information that may contain Personal Information when you use
our Sites.
Personal Information You Provide to Us
The Personal Information you provide to us is generally:
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contact details including name, email, telephone number, and address;
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login and account information, including unique user ID and password;
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personal details including date of birth and purchase history;
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personal preferences including your wish list as well as marketing preferences.
We collect Personal Information directly from you when you provide it to us. This
typically occurs when you:
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Make a purchase with us online;
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Send us an email or other communication;
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Join any of our social networking sites;
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Register for an account with us;
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Participate in our promotions, surveys, and/or contests;
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Play our social games;
Automated Information
We also collect information, some of which may be Personal Information, through
automated means when you visit our Sites (“Automated Information”) such as:
the IP address of the device you use to connect to the internet (which may include
information about your geographic location);
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the unique identifiers of your device;
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your browser characteristics;
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your device characteristics;
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your operating system;
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your language preferences;
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the URLs through which you were referred to our Site;
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information on actions taken by you on our Site;
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dates and times of your visits to our Site; or
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the pages you accessed on our Site.
We collect Automated Information automatically as you navigate through our Site as
explained further below.
We may collect information, which may include certain Personal Information data such as
your IP address, from your browser when you use our Sites. We use a variety of methods,
such as cookies and pixel tags to collect this information, which may include your (a)
IP address; (b) unique cookie identifier, cookie information and information on whether
your device has software to access certain features; (c) unique device identifier and
device type; (d) domain, browser type and language; (e) operating system and system
settings; (f) country and time zone; (g) previously visited websites; (h) information
about your interaction with our Sites such as click behavior, purchases and indicated
preferences; and (i) access times and referring URLs.
Most web browsers automatically accept cookies. If you do not wish to have cookies on
your system, you can set your browser to refuse them. Please review the specific
instructions from your browser in order to do this. However, please note that not
accepting cookies may make certain features of our Sites unavailable or difficult to
view or use.
In some of our email messages we may use a “click-through URL” linked to content on our
Sites. When you click one of these URLs, you will pass through our web server before
arriving at the destination web page. We track this click-through data to help us
determine interest in particular topics and measure the effectiveness of our Sites. If
you prefer not to be tracked through our emails, simply avoid clicking text or graphic
links in the email.
Third parties may also collect information via our Sites through cookies, third party
plug-ins and widgets in order to deliver our targeted advertisements to you across the
Internet.
Our web server may collect clickstream information such as the address (or URL) of the
website that you came from before visiting the Sites, which pages you visit on the
Sites, which browser you used to view the Sites, and any search terms you may have
entered on our site, among other things. The Sites may also use other technologies to
track which pages our visitors view.
How we use the information we collect
Most commonly we will use your Personal Information in the following circumstances:
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Where you have asked us to do so, or consented to us doing so;
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Where we need to do so in order to perform a contract we have entered into with you;
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Where it is necessary for our legitimate interests (or those of a third party) and
your fundamental rights do not override those interests;
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Where we need to comply with a legal or regulatory obligation.
Sharing personal information with third parties
We are committed to maintaining your trust and we want you to understand when and with
whom we may share Personal Information and information collected about you. We do not
share your Personal Information with any third parties except as set forth herein.
We may disclose your Personal Information to outside individuals and/or companies that
help us bring you the products and services we offer and to create, operate, and
maintain our Sites. For example, we may work with third parties to: (a) manage a
database of customer information; (b) assist us in distributing e-mails; (c) assist us
with direct marketing and data collection; (d) provide data storage and analysis; (e)
provide fraud prevention; (f) provide customer service; (g) provide order fulfillment
and/or delivery services; and (h) provide other services designed to assist us in
developing and running our Sites and maximizing our business potential. We require that
these outside companies agree to keep all information shared with them confidential and
to use the information only to perform their obligations to us.
If we seek investors or go through a business transition, including but not limited to,
a merger, acquisition by another company, or a sale of all or a portion of our assets,
your Personal Information may be shared as part of the negotiation of the transaction
and will likely be among the assets transferred in the event of a sale or partial sale
of our assets.
We may disclose your Personal Information when legally required to do so, to cooperate
with law enforcement investigations or other legal proceedings, to protect against
misuse or unauthorized use of the Website, to limit our legal liability and protect our
rights or to protect the rights, property or safety of Users of the Sites or the public.
TARGETED ADVERTISING AND REMARKETING
You may see advertisements for our products/services on other websites and mobile
applications because we work with third party advertisers to engage in remarketing and
retargeting activities. Through our relationships with these advertisers, we can target
messaging to our users by interest-based, demographic, contextual, and other means.
These third-party advertisers track your online activities over time and across websites
and mobile applications by collecting information through automated means, including
through the use of third-party cookies, web server logs, and web beacons. They use this
information to show you advertisements that may be tailored to your individual
interests. The information our advertising partners may collect includes data about your
visits to websites and mobile applications that participate in the relevant advertising
networks, such as the pages or advertisements you view and the actions you take on the
websites or apps. This data collection takes place both on our Sites and on third-party
websites and mobile applications that participate in the advertising networks. This
process also helps us track the effectiveness of our marketing efforts. Some third-party
advertising companies may be advertising networks that are members of the Network
Advertising Initiative, which offer a single location to opt out of ad targeting from
member companies (www.networkadvertising.org).
OTHER WEBSITES
Our Sites may contain links or references to websites operated by third parties, or you
may have come to our Sites using a link found in another website. This does not mean
that we endorse these websites or the goods or services they provide. We do not make any
representations or warranties about any website that may be linked to the Site. Such
other websites are independent from us, and we have no control over, or responsibility
for, their information, products or activities. Our privacy practices may differ from
those of these other websites. If you provide Personal Information at one of these
third-party websites, you are subject to the privacy policy of the operator of that
website, not our Privacy Policy. Please make sure you understand the other website's
privacy policy before providing such website with any Personal Information.
If you use a third-party website or application (e.g. Facebook, Google +, Twitter) to
access our Sites or your account on our Sites, your activities on such third-party sites
or apps are governed by the privacy practices of those sites or apps. The privacy
policies of other sites and apps may differ significantly from ours, and we have no
control over the operation of those sites or apps or the manner in which the collect,
store, or process data.
Your choices about how we use your information and opting out.
There are ways by which you can control how your Personal Information is used.
Tracking
You can set your browser to refuse some or all cookies or to alert you when cookies are
being sent. Please visit your specific browser’s instructions for doing this. The “Help”
function on most browsers contains information on how you can set your browser to notify
you before accepting cookies, or you can disable them entirely. If you opt out of
cookies, you will not be able to take advantage of various features of the Sites that
are available to other users. For example, we may use cookies to recognize you by name
when you return to this site so you don’t have to login again and provide your password
each time. If you use more than one browser, you will need to change each browser’s
settings in order to refuse cookies.
Promotional Offers
If you do not wish to receive our email promotional offers by emailing
[email protected], or clicking on the “unsubscribe” link found in emails we send
to you. Please allow up to ten (10) business days for changes to your email preferences
to take effect. During that time, you may continue to receive email communications from
us that were already in process. Opting out of receiving our communications will not
affect your receipt of service-related communications, such as payment confirmations and
delivery status updates, if we have a data breach, or other such communications for
which we have a legal obligation to inform you and/or to prevent fraud or harm to our
Sites, our business, and/or third parties.
Advertising
If you do not want us to use information that we collect for us to deliver
advertisements to you, you can opt-out of receiving such advertising.
You may opt out of Internet-based and mobile advertising on your mobile device by
visiting TRUSTe’s Ad Preference Manager, currently available at
https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice
page, currently available at http://www.aboutads.info/choices/, or the Network
Advertising Initiative (NAI) opt out tool currently available at
http://www.networkadvertising.org/choices/.
When using the ad industry opt out tools described above, note that: (a) if you opt-out
we may still collect some data about your online activity for operational purposes (such
as fraud prevention), but it will not be used by us for the purpose of targeting ads to
you; (b) if you use multiple browsers or devices you may need to execute this opt out on
each browser or device; and (c) other ad companies’ opt-outs may function differently
than our opt-out, and we have no control over the practices of any third-parties. We do
not make any representations or warranties about such opt-out services. Such services
are independent from us, and we have no control over, or responsibility for their
performance.
Disclosure for legal purposes
You hereby authorize us to disclose any of your Personal Information pursuant to
judicial and administrative proceedings and to law enforcement or government agencies if
we are legally required to do so. You also authorize us to disclose Personal Information
if we believe the disclosure is necessary or appropriate in the event of an
investigation of improper or illegal conduct in connection with the Sites, such as
fraud, misrepresentation, intellectual property infringement, or other activity that may
put us at risk for liability.
Right of erasure
You can request us to erase your personal data where there is no compelling reason to
continue processing. This right only applies in certain circumstances, it is not a
guaranteed or absolute right. Please email [email protected] if you wish to
request erasure of your personal data.
Disputes
This Privacy Policy will be interpreted in accordance with the laws of the State of
Delaware and the United States of America, without regard to its conflict-of-law
provisions. By visiting the Sites, you agree that, except as otherwise specified herein,
the laws of the State of Delaware without regard to principles of conflict of laws, will
govern any dispute of any sort that might arise between us or any of our affiliates
regarding your visit and use of the Sites.
We and you agree that in the event of any dispute, the party wishing to address the
dispute must contact the other party in writing, including by e-mail, and advise the
other party of the dispute in reasonable detail as well as informing the other party of
the remedy being sought. We may send you notices via the email address you provide to
us, and all notices to us shall be sent to the following email address:
[email protected] and include the words “DISPUTE NOTICE” in the subject. The
parties shall then make a good faith effort to resolve the dispute before resorting to
more formal means of resolution. In the event that the dispute is not resolved through
this procedure, the party raising the dispute may proceed to mandatory arbitration as
set forth in the Terms of Use.
Children
We do not knowingly permit persons under 18 years of age to use the Sites, and we do not
knowingly collect, use or disclose Personal Information from anyone under 18 years of
age. If we become aware that we have unknowingly collected Personal Information from a
child under the age of 18, we will make reasonable efforts to delete such information
from our records.
Confidential information
We do not want you to send to us any confidential or proprietary information through
email or otherwise. Any information, materials, suggestions, ideas or comments sent to
us will be considered non-confidential, and by submitting the same to us, you are giving
us the absolute right to use, modify, reproduce, transmit, display and distribute the
information for any purpose whatsoever, with no payment or other compensation to you.
However, we will not use your name unless we are required by law to identify the source
of the materials, information, suggestions, ideas or comments, or unless we first obtain
your permission.
Assignment
We may freely assign this Privacy Policy or any of our rights and/or obligations
hereunder to any successor.
Contact
If you have any questions about your privacy or security at the Sites, or wish to update
your Personal Information, please send an email to [email protected].
