1. User Consent
2. The data we collect and use
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, IP address of your computer or Internet Service Provider (ISP), as well as any other nonpublic information about you that is associated with or linked to any of the foregoing data.
“Anonymous Data” means data that is not associated with or linked to your Personal Information; Anonymous Data does not permit the identification of individual persons.
We collect Personal Data and Anonymous Data, as described below.
(a) Information you provide to us
We collect the following Personal Data that you provide to us voluntarily:
(i) When you purchase our software products, our vendor collects all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
(ii) When you create an account to register your DivX product on our Site, we collect Personal Data from you, such as your first and last name, e-mail address, device information and password.
(iii) When you create an account in our Support Forums, we collect Personal Data from you, such as your first and last name, e-mail address, device information and password. We will also store any files or messages posted to the Support Forums.
(iv) When contacting us via email, such as when providing feedback or in response to an employment opportunity, for product support, or for other information, we will collect your name and e-mail address, as well as any other content included in the e-mail, and any information that you submit to us, such as a resume.
(v) When you participate in one of our surveys, we may collect additional profile information.
(vi) If you enter a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
(b) Data we collect automatically
(i) Our email newsletter uses single-pixel or transparent image HTML-based emails, which allows us to track how many people open the emails we send out. This information is only collected if you subscribe to our email newsletter.
(ii) When you create an account and purchase protected DivX content using the DivX Player, the DivX Player application will track and log requests to view the protected content in order for us to enforce the usage rights set by the content owner. In order for your copy of the protected content to play using the DivX Player, a unique identifier will be inserted into your copy of the protected content.
(iii) When you download our free software from our Site, our server logs your IP address.
(iv) When you install and run our software, or play content with our software, the software may transmit your IP address to our servers, and track and log usage statistics with our servers.
(v) We use Google analytics, a web analytics service provided by Google Inc. (“Google”) to collect anonymous data. We also use Google Adsense, an advertising service provided by Google, to provide advertising on our Site. Google uses “cookies,” small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site, to help analyze the use of our Site.
More information about Google Adsense can be found here: https://policies.google.com/technologies/ads
Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, some areas of our Site may not work properly. We do not use any user-based tracking in terms of IP address or device ID that persists and tracks your browsing behavior on other sites.
(vi) We contract with IronSource, Ltd. (“IronSource) to provide advertisements and offers in our software installers.
Per IronSource: We may use third party advertising companies to serve ads when you visit our Site. More information can be found here: http://d2667mh53olfoj.cloudfront.net/pp.html
(c) How we use your information
In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
- to facilitate creating and securing your account on our network;
- to identify you as a user in our system, including display of your username, and if you so indicate, you name, publicly on our online community forums;
- to provide improved administration of our Site and the Company’s software products and services;
- improve the quality of experience when you interact with our Site and the Company’s software products and services;
- send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created;
- send you administrative e-mail notifications, such as security or support and maintenance advisories;
- respond to your inquiries related to employment opportunities or other requests;
- to send promotional communications;
- to provide you with hardcopy or electronic newsletters, or surveys;
- to send offers related to our software products and services; and, for other marketing purposes of Company or our third party companies, should you opt-in to receive such communications;
- to make telephone calls to you, from time to time, in order to provide customer support.
Please be aware that any content (including video content) you choose to upload or publish to our Site (including messages in online discussion forums) may be made public as well.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Company reserves the right to use and disclose Anonymous Data to third party companies in its discretion.
(d) If you do not wish to provide us with your information:
You can decline to provide us with your Personal Data, however this may limit your ability to access certain features of our site and our software. To provide a safe and enjoyable experience for our users, some areas of our site are accessible only while logged into an account. We will inform you at the point of collecting information from you whether you are required to provide the information to us.
(e) Our legal basis for handling your personal information
The laws in some jurisdictions require companies to disclose their legal grounds for the collection, use, or disclosure of your personal information. To the extent that these laws apply, our legal grounds are as follows:
- To honor our contractual commitments to you. Much of our or our vendors’ processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ request in anticipation of entering into a contract with them, such as when purchasing our software.
- Legitimate interests. In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: This includes:
- Providing a safe and enjoyable user experience;
- Customer service;
- Marketing, e.g. sending emails or other communications to let you know about new features;
- Protecting our users, personnel, and property;
- Analyzing and improving our business, e.g. collecting information about how you use our Services to optimize the design and placement of certain features;
- Processing job applications;
- Managing legal issues.
- Legal compliance. We need to use and disclose personal data in certain ways to comply with our legal obligations.
- Consent. Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.
(f) Our disclosure of your information
(i) Third Parties
As described above in “Information you provide to us,” we may share your Personal Data with third party service providers. Our agreements with these service providers require that they treat your Personal Data in accordance with all applicable laws, and these third party service providers are required to only use your Personal Data to provide the services requested by us.
We will not disclose your Personal Data to third party companies. However, we may share Anonymous Data with third party companies that wish to learn more about usage patterns for certain video content, software downloads, services, advertisements, and/or promotions associated with the web site.
We use Google Adsense, a third-party advertising company, to serve ads when you visit our Site.
(iii) Law Enforcement, Governmental Authorities, and Agencies
We may disclose Personal Data if it believes in good faith that such disclosure is necessary to:
- comply with relevant laws or to respond to subpoenas or warrants served on Company; or
- protect or defend the rights or property of Company or users of the Services.
(3) Where information is processed:
The Company is based in the United States. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
(4) Keeping your personal information secure
The Company is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that Company cannot fully eliminate security risks associated with Personal Data and mistakes may happen.
(5) Integrity and Retention of your Personal Data
(6) Your choices regarding your Personal Data
(7) Changes to your Personal Data
You may change any of your Personal Data in your account by editing your profile within your account or by sending an e-mail to us at email@example.com. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by applicable law.
(8) Your California Privacy Rights
If you wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator at firstname.lastname@example.org or by postal mail to DivX, LLC, c/o Privacy Administrator, 4350 La Jolla Village Drive, Suite 950, San Diego, CA 92122. All requests must be labeled “Your California Privacy Rights” in the email subject line or envelope or post card. For all requests, please include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via e-mail) and indicate your preference on how our response to your request should be sent (e-mail or postal mail). We are unable to accept requests via telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
(9) Your EEA Privacy Rights
If you are a resident of the European Union, you have a number of important rights free of charge under the General Data Protection Regulation In summary, those include rights to:
- Fair processing of information and transparency over how Company uses your personal information
- Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
- Have us correct any mistakes in your information which we hold
- The erasure of personal information concerning you in certain situations
- Obtain personal information concerning you which you have provided to Company, in a structured, commonly used and machine-readable format, and the right to transmit your personal information to a third party in certain situations
- Object at any time to processing of personal information concerning you for direct marketing
- Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
- Object in certain other situations to Company’s continued processing of your personal information
- Otherwise restrict Company’s processing of your personal information in certain circumstances
- Claim compensation for damages caused by Company’s breach of any data protection laws
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation, available here: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/
If you would like to exercise any of these rights, please contact us using the information below (“Contact Us”).
(10) Contact us
Attn: Privacy Rights Administrator
4350 La Jolla Village Drive
San Diego, CA 92122
(11) Links to other websites
(12) Privacy of minors
We do not intentionally gather Personal Data about visitors under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Data such parent should contact us at email@example.com. If we become aware that a child under 13 with Personal Data, we will take reasonable steps to delete such Personal Data from our files.