- the type of information about you DMI collects through the Site;
- how DMI collects such information;
- how DMI uses such information;
- who will have access to such information; and
- DMI ’s security measures for protecting such information.
As used herein, the term “personal information” means information that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that DMI may collect from you.
- A Special Note About Minors.
The Site is a general audience website intended for use by adults.The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. DMI does not collect personal information through the Site from any person it actually knows to be under thirteen (13) years of age. If DMI obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.
Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that DMI remove content or information about you that is posted on the Site. Please submit any such request (“Request for Removal of Minor Information”) to firstname.lastname@example.org, with a subject line of “Removal of Minor Information.”
For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:
- the nature of your request;
- the identity of the content or information to be removed;
- the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);
- that the request is related to the “Removal of Minor Information;”
- your name, street address, city, state, zip code and email address; and
- whether you prefer to receive a response to your request by mail or email.
DMI is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.
PLEASE NOTE THAT THE AFOREMENTIONED REMOVAL DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF SUCH CONTENT OR INFORMATION POSTED ON THE SITE.
Also, please note that DMI is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires DMI to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when DMI anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.
The foregoing is a description of DMI ’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that DMI is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
- Categories of Information Collected.
DMI may collect personal and non-personal information about you through the Site. The categories of such information might include:
- Your name (first, last and/or middle) and unique identifiers (e.g., username);
- Your contact information (e.g., mailing address, email address, telephone number, facsimile number);
- Your electronic signature;
- Your billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, account holder name, cardholder name, billing address, mailing address, tax ID number, billing history);
- As described to you when collecting your personal information or as otherwise set forth in CCPA
- Information related to your inquiries about possible employment with DMI and/or one or more of its affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
- Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
- Third-party website, network, platform, server and/or application information (e.g., Facebook, Google Plus, Twitter, Instagram);
- Usage activity concerning your interactions with the Site and/or third-party websites, networks, platforms, servers or applications accessed through the Site (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site);
- Usage activity concerning products and services provided to or accessed by you on or through the Site (e.g., viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
- Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site);
- Your hobbies and other leisure activities and interests;
- Your television subscription information and preferences (e.g., television service providers, subscription rates, programs and genre preferences, viewing habits);
- The name and contact information of people you refer to Company (e.g., name, mailing address, email address, telephone number, television viewing preferences);
- Information about third parties that you refer to DMI (e.g., name, email and/or other contact information, relationship);
- Information set forth in your online account registration, user profile, and/or user directory forms for the Site;
- Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site, or which are accessed via your public or linked social media pages (e.g., Facebook, Google Plus, Twitter, Instagram);
- Your name associated with your mobile device;
- Your telephone number associated with your mobile device;
- Your geolocation; and/or
- Your mobile device ID information.
Personal information does not include:
- Publicly available information from government records
- De-identified or aggregated consumer information
- Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Act of 1994.
We obtain the categories of personal information listed above from the following categories or sources:
- Directly from our customers
- Indirectly from our customers
- Directly and indirectly from activity on the Site. For example, from submissions through our website portal or website usage details collected automatically.
- From third parties that interact with us in connection with the services we perform.
- How Information Is Collected
DMI might collect personal and non-personal information from you when you access or use the Site; when you register with or subscribe to the Site; when you register for, order, purchase or subscribe to any products and/or services through the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever DMI asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.
In addition, if you or a third party sends DMI a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site, then DMI may collect any personal or non-personal information provided therein or therewith.
Finally, DMI might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
- Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
- Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
- Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
- Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site and deactivated or deleted when the user disconnects from the Site.
- Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site might not function properly.
By visiting, accessing, registering with or using the Site, you acknowledge and agree in each instance that you are giving DMI permission to monitor or otherwise track your activities on the Site, and that DMI may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.
- Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information to purchase products or services, we will use that information to process your transaction.
- To provide you with information, products or services that you request from us.
- provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
- To improve the Site and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
DMI reserves the right to use your personal and non-personal information when:
- Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
- DMI believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of DMI , a user of the Site [which may include you], or anyone else who may be harmed by such activities or to further DMI ’s legitimate business interests).
- Sharing of Information Collected.
DMI reserves the right to share your personal information with DMI's employees, agents, administrators, accountants, financial advisors and legal advisors; with DMI's affiliated companies; with those third parties who help manage, administer, monitor, distribute and/or operate the Site, and/or their respective products, services and/or features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers), as needed in order for them to perform such services; and with third parties with whom DMI has business relationships and which may communicate information to you regarding products and services from third parties which may be of interest.
DMI does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you. For example, DMI may freely share non-personal information with its affiliated companies, its suppliers and its representatives, as well as with other individuals, businesses, and government entities.
You may choose to share certain information and/or follow other users on the Site. You may choose to share your contact information with other users or provide it publicly.
- Your California Privacy Rights
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. (Only with DMI website properties)
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates
- Service providers
- Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
- Third parties that offer products or services which may be of interest to you.
In the preceding twelve (12) months, we have sold personal information to a third party who markets products that may be of interest to our customers.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
This section is for California Residents ONLY:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by using only 1 of the options listed below:
- Writing to us at email@example.com and identify if you are requesting a deletion, an opt-out, or a "request to know what info we track" specifically as it relates to magazine subscriptions, newsletter opt-ins, MOTV accounts, or any other type of service provided by DMI
- Submit the form here for deletion purposes
- Call the toll-free number ONLY FOR CALIFORNIA RESIDENTS and leave your full name, address, email address, and phone number and what your request is: 1) opt-out, 2) deletion or 3) requests to know what information we track and what DMI services you use: 1-833-463-0025 Other requests will not be answered from this phone number.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: firstname.lastname@example.org
Your Nevada Privacy Rights
Nevada law gives consumers in Nevada the right to restrict certain businesses from selling certain personal information to third parties if those third parties will license or sell such personal information to additional third parties. To exercise this right, we will provide instructions and provide the requested information (Example: your complete name, street address, city, state, zip code, and email address).
- Data Retention.
DMI may retain your personal information and non-personal information as long as it is reasonably necessary for a business purpose. DMI may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and DMI concerning the same or as required by law.
In connection with any transaction that you conduct on, through or in relation to the Site, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant DMI without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction.
DMI may offer to sell or sell merchandise and other products to you on or through the Site with the sales transaction taking place through an online shopping cart feature (“Shopping Cart”). The Shopping Cart is provided by a third-party vendor. DMI ’s relationship with that vendor, if any, is merely contractual in nature, and that vendor is in no way subject to DMI ’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
All credit card, debit card and other monetary transactions on or through the Site and/or the Shopping Cart occur through an online payment processing application. This online payment processing application provided by a third-party online payment processing vendor. DMI ’s relationship with that vendor, if any, is merely contractual in nature, and that vendor is in no way subject to DMI ’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
- Third Party Applications and Networks.
The Site and/or any communications sent through or as a function of the Site may contain links to third-party websites, networks, platforms, servers and/or applications. Third-party websites, networks, platforms, servers and/or applications may also contain links to the Site. TO THE FULLEST EXTENT PERMITTED BY LAW, DMI IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE DMI FROM ANY AND ALL LIABILITY WHICH MAY ARISE FROM, SUCH THIRD PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS AND APPLICATIONS (INCLUDING, WITHOUT LIMITATION, THE PRIVACY POLICIES AND PRACTICES OF SUCH THIRD-PARTY WEBSITES, NETWORKS, PLATFORMS, SERVERS, AND APPLICATIONS).
DMI implements security measures to help protect the personal information it collects through the Site. For example, DMI encrypts the transmission of certain information through the Site by using secure socket layer (SSL) technology.
REGARDLESS OF THE FOREGOING, PLEASE OBSERVE THAT “PERFECT” OR “100%” SECURITY DOES NOT EXIST ON THE INTERNET. THEREFORE, YOUR ACCESS AND USE OF THE SITE AND YOUR OPENING OF ANY COMMUNICATIONS SENT THROUGH OR AS A FUNCTION OF THE SITE, ARE DONE AT YOUR OWN RISK.
- Retention, Review, and Change of Information Collected.
You may request at any time that DMI provide you with an opportunity to review and change your personal information collected through the Site, if any, or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to email@example.com, with a subject line of “Your Personal Information.”
For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:
- the nature of your request;
- that the request is related to “Your Personal Information;”
- your name, street address, city, state, zip code and email address; and
- whether you prefer to receive a response to your request by mail or email.
DMI is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent. You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.
- Contact Us.
- International Users.
In compliance with the Brazilian LGPD (Lei Geral de Protecao de Dados), DMI and its websites agree to comply with the consent of the data subject;
- To comply with a legal or regulatory obligation of the controller;
- To execute a contract or preliminary procedures related to a contract of which the data subject is a party, at the request of the data subject;
- To exercise rights in judicial, administrative or arbitration procedures;
- To fulfill the legitimate interests of the controller or a third party, except when the data subject's fundamental rights and liberties, which require personal data protection, prevail;
For any of the above purposes and in view of DMI ’s global operations, you agree that DMI may transfer some or all of your personal information, your non-personal information and/or other data to countries outside your resident jurisdiction, and may process and/or store such information in the United States of America. You agree and recognize that countries outside of your jurisdiction may not have as comprehensive data protection laws as those existing in your resident jurisdiction. For more information please contact DMI in the manner described in section 15 above.
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