- “Personal Information” means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- “Services” means:
- our sales, performance and provision of our services and products;
- the information provided by us through our Site;
- our marketing and business development activities, including any social media properties we create and emails that we send (collectively, “Marketing Activities”); and
- all other online publications and activities owned, controlled or otherwise made available or performed by us.
- “Site” means our website available at https://www.divertinc.com/.
2. Information we Collect and Receive
We also collect and process other types of information and data which does not constitute Personal Information. For example, we may de-identify and aggregate certain Personal Information we collect such that the information no longer identifies, and cannot any longer reasonably be linked to, a particular user or individual. We may use this information to improve our Services and Site, to analyze trends, to create market research, and for other development, marketing, research and statistical purposes, and we may disclose such de-identified information to third parties for these purposes.
3. Purposes for Use of Personal Information
We use the Personal Information we collect for our legitimate business interests, which include the following purposes:
- Providing the Services: To provide you with the Services; to communicate with you about the Services, to respond to your inquiries; to perform essential business operations or otherwise to carry out the matters we undertake on your behalf or on behalf of our clients.
- Performing contractual obligations: To enter into and perform our contracts, and to satisfy contractual necessities to conduct our operations.
- Personalization: To tailor the content and information that we may send or display to you via the Services and the Site, and otherwise to personalize your experience.
- Marketing: To share relevant information about the Services; to perform marketing, such as to send news and newsletters, special offers, and promotions regarding the Services or the Site; to conduct surveys and similar inquiries; or to otherwise contact you about the Services or provide other information we think may be of interest to you. If you do not wish to receive newsletters or other communications that we think would be of interest, you may opt out of or withdraw your consent to receive direct marketing emails from us at any time. Instructions on how to unsubscribe from relevant alerts and newsletters are included in each email, or you may opt out or withdraw your consent by contacting us; please see the “Contact Us” section below.
- Compliance: To comply with applicable legal obligations and requests, such as to comply with laws that compel us to disclose information to public authorities, courts, law enforcement or regulators, and to maintain records for a period sufficient to enable us to comply with our legal obligations.
- Business and legal operations: To conduct our general business and legal operations, such as accounting, record-keeping, and other business administration purposes; and as necessary to establish, exercise and defend (actual and potential) legal claims.
4. How we Share and Disclose Personal Information
We may share Personal Information with the following categories of recipients:
- Business transfers: When applicable, we may share your information in connection with an actual or proposed substantial corporate transaction, such as a merger, consolidation, asset sale, or in the unlikely event of bankruptcy; including in negotiations, due diligence, and integrations related to such transactions.
- Third-party management of our advertising: We may share information with third parties that manage only our advertising on other sites and applications. However, we do not disclose your Personal Information to third parties for purposes of their own advertising.
- With your consent or at your direction: We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.
- Other legal reasons: In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law or regulation; (2) to respond to requests or required disclosures from public and government authorities; (3) to pursue available remedies or limit damages we may sustain; (4) to protect our operations; (5) to protect the rights, privacy, safety or property of Divert, you, and others; and (6) to enforce our terms and conditions or other agreements.
We do not sell your Personal Information to third parties, and we do not share your Personal Information with third parties for purposes of cross-context behavioral advertising.
We may disclose de-identified or aggregated information that does not identify any individual (and therefore is not deemed to be Personal Information) without restriction.
5. Data Security
We have implemented privacy and security measures reasonably adequate to preserve Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Although we work hard to protect your Personal Information, we cannot guarantee the security of any information you choose to transmit to us through the Services, online forms and applications or other such mechanisms, and you do so at your own risk. In accordance with applicable law, we will let you know promptly if a breach occurs that we determine may have compromised the privacy or security of your Personal Information. We are not responsible for any outcome resulting from your circumvention of any privacy settings or security measures.
6. Retention of Personal Information
We will retain your Personal Information for the period necessary to fulfill and provide the Services, as applicable. We will also retain your Personal Information to comply with our legal obligations, and to conduct audits, resolve disputes, and enforce our agreements.
7. Children’s Privacy
The Services and the Site are only intended for individuals who are at least 16 years of age. We do not knowingly encourage or solicit visitors to the Site who are under the age of 16 or knowingly collect Personal Information from anyone under the age of 16 without parental fiduciary consent. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us in accordance with the “Contact Us” section below.
We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). The Services and the Site are not directed to children under the age of 13 and children under the age of 13 are not to use or provide any information to the Services or the Site without express parental consent. We do not knowingly collect Personal Information from children under the age of 13. If we receive Personal Information that we discover was provided by a child under the age of 13 without parental consent, we will promptly destroy such information.
8. Withdrawal of your Consent; Consumer Rights
Where you have provided consent to process Personal Information, you have the right to withdraw such consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal or the lawfulness of processing based on other lawful bases. You may do this by contacting us as set forth in the “Contact Us” section below.
To the extent permitted under applicable law (including without limitation the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)), you may have additional rights with regards to your Personal Information, including the following:
- The right to know whether we have collected, sold, shared, or disclosed for a business purpose your Personal Information;
- The specific pieces of your Personal Information that we have collected, if any;
- The right to delete certain of your Personal Information
- The right to correct your inaccurate Personal information
We will not discriminate against you for electing to exercise any of your CCPA/CPRA rights. Unless otherwise permitted by the CCPA, we will not deny you goods or services, charge you a different price or rate for our goods or services, or provide you a different level or quality of goods or services because you exercised such rights.
To exercise your rights under the CCPA/CPRA or other applicable law, please contact us as set forth in the “Contact Us” section below.
9. Cookies Notice
What are cookies and why are cookies used: Cookies are small text files containing a unique string of characters that are stored in your web browser’s memory when you visit a website. When you return to a website that has placed a cookie in your browser, the cookie allows a website provider to recognize that you have visited the site before.
While cookies are often only used to measure website usage (such as number of visitors and duration of visit) and effectiveness (such as topics visitors are most interested in) and to allow for ease of navigation or use and, as such, are not associated with any Personal Information, they are also used at times to personalize a known visitor’s experience of a website by being associated with profile information or user preferences. They are also used to provide us with insights into usage of the Services and the Site in order to help us improve the user experience.
Cookies on our Site are generally divided into the following categories:
- Necessary Cookies: These cookies are necessary to provide you with the Services and the Site to use some of their features, such as access to secure areas. Because these cookies are strictly necessary to deliver the Services, you cannot refuse them without impacting how the Services and the Site function. These cookies do not collect identifying information about you, and they do not monitor or remember any of your internet browsing on sites other than the Site.
- Personalization Cookies: These cookies allow us to provide you with a better experience when you use the Services and the Site. These cookies do not collect identifying information about you, and they do not monitor or remember any of your internet browsing on sites other than the Site.
- Analytics and Customization Cookies: These cookies collect information to help us understand how the Services and the Site are being used or how effective our marketing campaigns are, or to help us customize the Services and the Site for you to enhance your experience. This data is anonymous and only used for statistical purposes, analytics cookies do not collect or share any personally identifiable information. These cookies qualify as “third-party” cookies as they are not sent directly by us.
- Pixel Tags: Pages of our Site and our emails may contain small electronic files known as pixel tags (also referred to as clear gifs, web beacons, and single-pixel gifs) that permit us, for example, to count users who have visited those pages (or opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Pixel Tags have a similar function as Cookies. However, Pixel Tags differ from Cookies in that they are embedded directly on webpages or in HTML-based emails, instead of being stored on a user’s local storage drive. We may utilize Pixel Tags in our email marketing activities to allow us to track which emails have been opened by recipients, and through that, understand the efficacy of our email marketing activities.
- Targeting Cookies: These record your visit to our Site, the pages you have visited and the links you have followed to recognize you as a previous visitor and to track your activity on the Site and other sites you visit. These Cookies qualify as persistent cookies, because they remain on your device for us to use during a subsequent visit to our Site. You can delete these Cookies via your browser settings. See below for further details on how you can control third-party targeting cookies.
For more information on how to control Cookies:
- You can review your Internet browser settings, typically under the sections “Preferences,” “Help” or “Internet Options,” to exercise choices you have for certain Cookies. If you choose to block all cookies, you may not have access to our Site, our Services will not function as intended, and you will not be able to log in. If you have blocked all cookies and wish to make full use of the features and Services we offer, we recommend enabling at least first-party cookies. Rather than blocking all cookies, you can choose to block only third-party cookies. This will allow the Services to function as intended.
10. Links to Third-Party Sites
12. Contact Us
23 Bradford Street, 3rd Floor
Concord, MA 01742
Types of Information We Collect – CCPA / CPRA
We collect, and have collected in the past 12 months, the following categories of Personal Information from clients or users of the Services, and visitors to our Site:
|A. Identifiers.||A real name, Internet Protocol address, email address, or other similar identifiers.|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, telephone number.Some personal information included in this category may overlap with other categories.|
|D. Commercial information.||Products or services purchased, obtained, or considered.|
|F. Internet or other similar network activity.||Information on a consumer’s interaction with the Site.|