Effective as of: February 2, 2022
Personal Information DIVE Studios Collects and Receives
Personal Information we collect may include:
DIVE Studios also collects and maintains aggregated, anonymized, or pseudonymized information to protect the safety and security of the Platform, improve the Platform, or comply with its legal obligations.
You may decline to provide DIVE Studios with some or all of your information. However, this will limit, or in certain cases prevent, your ability to use the Platform.
Types of Cookies and other Tracking Technologies DIVE Studios Uses
DIVE Studios may use the following technologies to collect personal information:
We use these technologies for the following purposes:
Limiting or Blocking Cookies and Our Do Not Track Policy
Your browser may give you the ability to control cookies, which may depend on the type of cookie, and browsers can be set to reject browser cookies. However, blocking or deleting cookies may prevent you from using most of the Platform.
Social Media Plug-ins
DIVE Studios may implement the use of certain social media plug-ins (e.g., Facebook, Twitter, YouTube) to allow you to communicate with such services and interact with (e.g., “like” or “comment”) various Platform Content. The social media plug-in, if and when implemented, will enable a direct communication between your end user device and the servers of the applicable social media provider, allowing the applicable social media provider to communicate with you and collect information about you browsing the Platform. This processing is based on Article 6, Section 1(f) of the EU general data protection regulation 2016/679 (“GDPR”) and represents DIVE Studios’ legitimate interest to improve the User experience and to optimize those services and functionalities offered via the Platform. If you decide to use a social media plug-in that DIVE Studios implements on the Platform, DIVE Studios may transfer your personal data, whether or not you have a registered user account with the applicable social media provider. DIVE Studios is not responsible for the content and the data collection on respective third-party websites or apps. DIVE Studios does not control the extent of personal information collected by the respective plug-in provider nor does it know the processing’s purpose or the period your personal information will be retained. For further information about how and for what purpose certain social network providers process your data, please see the relevant privacy policies of the three main social network providers, and their notification when you connect to the social network in question.
How DIVE Studios Uses the Information It Collects
DIVE Studios uses the personal information it collects for the following purposes:
Platform Delivery. We may use your personal information to: enable DIVE Studios to provide you and other Users with the Platform; improve and promote the Platform and services, including Episodes; and communicate with you about the Platform, such as addressing inquiries, and responding to customer service requests, questions, and comments.
Research and development. We may use your personal information for research and development purposes, including to track and analyze use of the Platform and DIVE Studios’ services, such as to identify trends and conduct data analysis to improve our performance and provide Users with the best experience possible.
Compliance and protection. We may use your personal information to:
How DIVE Studios Shares the Personal Information It Collects
Affiliates. Our corporate parent, subsidiaries, and affiliates.
Service Providers. Third parties that provide services on our behalf or help us operate the Platform or our business (such as hosting, information technology, customer support, email delivery, marketing, customer research and website analytics). See below for more details about how we share personal information with service providers.
Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. See the “Information DIVE Studios Shares to Protect DIVE Studios and Comply with the Law” section below for more information regarding how we share personal information with these parties.
Business transferees. In the event that DIVE Studios is acquired by or merged with a third-party Person, or sells all or substantially all of its assets, DIVE Studios reserves the right, in any of these circumstances, to transfer or assign to such acquirer the information and content it has collected from Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, DIVE Studios may not be able to control how your personal information is treated, transferred, or used.
Information DIVE Studios Shares with Trusted Third-Party Service Providers
DIVE Studios may share certain information pertaining to you with certain trusted third-party service providers to help provide, improve, promote, or protect the Platform, such as when DIVE Studios partners with payment processors, such as Stripe, Inc., or use services to help manage ads on other websites.
When DIVE Studios shares data with third-party Persons to help deliver the Platform and DIVE Studios’ services, DIVE Studios requires those service providers to use your information only for the purposes DIVE Studios has authorized and to takes reasonable steps to ensure that the third parties protect your personal information with at least to the same standards DIVE Studios does. DIVE Studios may also share information that is aggregated and anonymized in a way that it does not directly identify you.
Information DIVE Studios Shares to Protect DIVE Studios and Comply with the Law
DIVE Studios reserves the right to disclose information DIVE Studios collects from or about you when doing so is reasonably necessary to comply with the law or valid law enforcement requests, to prevent fraud or abuse, or to protect DIVE Studios’ legal rights, property, or the safety of DIVE Studios, Users (including Creators), or other Persons. You hereby authorize DIVE Studios to share or disclose your personal information, including, without limitation, any content, records, or electronic communications of any kind (including those transmitted through the Voice Messaging Feature), when DIVE Studios determines, in its sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if and to the extent:
California privacy rights notice
Your California privacy rights. California residents have the rights listed below under the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
Exercising your right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion via email to firstname.lastname@example.org; you can also submit a request to delete through the Mindset application (this can be done by going to the settings menu, account settings, delete account).
We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require government identification, a declaration under penalty of perjury or other information. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with confirmation that you have given the authorized agent permission to submit the request.
Identifiers (excluding online identifiers):
California Customer Records:
Internet or Network Information:
Protected Classification Characteristics
The information provided in this “European Users” section only applies to individuals in the United Kingdom, Switzerland, and the European Economic Area (hereafter collectively referred to as “Europe”).
EU/UK Representative. Our data protection representative in the European Union/United Kingdom is DataRep. If you want to raise a question regarding our data practices or otherwise exercise your rights in respect of your personal data in the European Union/United Kingdom, you may do so by (i) sending an email to DataRep at email@example.com and quoting “Creative Collective, Inc.” in the subject line or (ii) contacting DataRep on its online webform at www.datarep.com/data-request and specifying “Creative Collective, Inc. as the controlling organization.
Legal bases for processing. European Union data protection law requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. DIVE Studios’ lawful bases include:
As far as DIVE Studios processes your personal information on the basis of its legitimate interests, you can object to processing at any time. You can find a detailed description of DIVE Studios’ processing activities and the legal basis herein. If you object to such processing, DIVE Studios will ask you to state the grounds of your objection to examine the processing of your personal information and decide whether to adjust the processing accordingly.
Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services, or otherwise to us.
Your rights. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:
You may submit these requests by email to firstname.lastname@example.org or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Cross-border data transfer. If we transfer your personal information from Europe to another country such that we are required to apply appropriate safeguards to your personal information under European data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.
Links to Other Platforms and Services
Cross-Border Data Transfers
DIVE Studios is based in the United States so your information will be collected and processed in the United States, which has its own laws governing data protection and access to it, including by the government. If you reside outside of the United States, be advised that the rules that protect your personal information under United States federal, state, and local law may differ from those of your home country.
The privacy of children is of the utmost importance, and DIVE Studios is committed to complying with the federal Children’s Online Privacy Protection Act (COPPA). DIVE Studios does not knowingly collect, use, or disclose personal information from children under the age of thirteen (13). If DIVE Studios ever discovers that it has inadvertently collected personal information from a child under the age of thirteen (13) on or through the Platform, DIVE Studios will delete it from its records as soon as possible. If you are a parent or legal guardian of a child under the age of thirteen (13) and believe that DIVE Studios has collected personal information from your child, email us immediately at email@example.com, and DIVE Studios will take steps to delete such personal information from its records as soon as possible.
DIVE Studios want to communicate with you only if you want to hear from us. DIVE Studios may send you email relating to your transactions on or through the Platform. You may also elect to receive certain marketing email communications, including with respect to certain Creators or Mindsets, from which you may opt out at any time. DIVE Studios will also send you service-related announcements when and as necessary. DIVE Studios will try to keep emails to a minimum.
DIVE Studios maintains a strict no-spam policy. DIVE Studios will not use false or misleading subjects or email addresses, identify the message as an advertisement in a reasonable way, include DIVE Studios’ physical address, monitor third-party email marketing services for compliance, honor opt-out/unsubscribe requests quickly, and allow Users to unsubscribe by using the link at the bottom of each email.
If you are having problems unsubscribing, contact DIVE Studios at firstname.lastname@example.org by forwarding the email communication and including the word “Unsubscribe” in the subject line and DIVE Studios will use reasonable efforts to remove you within seven (7) business days. Please note that DIVE Studios will not process any unsubscribe requests submitted as direct replies to any newsletter.
We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.