Privacy Notice: Updated 12/20/23

Data privacy is important to DIGITALMAIN Inc (Digitalmain, “we,” “us,” “our”). This Privacy Notice (“Privacy Notice”) explains how information is collected, used and disclosed by DIGITALMAIN and applies to information collected when you use or access our online or mobile websites (such as www.DIGITALMAIN.com), products, services or applications (collectively, the “DIGITALMAIN Services”), or when you attend a DIGITALMAIN event or otherwise interact with us. We respect the privacy rights of users and recognize the importance of protecting information collected about you. If you use the DIGITALMAIN Services as part of an entity or organization that has an agreement with DIGITALMAIN (like your employer or a university), the terms of that organization’s contract for the DIGITALMAIN Services may restrict our collection or use of your information more than what is described in this Privacy Notice.

Please read the following carefully to understand how we will collect, use and maintain your personal information. It also describes your choices regarding use, access and correction of your personal information.

Changes to This Notice

We may change this Privacy Notice from time to time. If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Privacy Notice, we will notify you more directly by email or means of a notice on the home page prior to the change becoming effective. We encourage you to review our Privacy Notice whenever you access the DIGITALMAIN Services to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this Privacy Notice and do not wish your information to be subject to the revised Privacy Notice, you will need to deactivate with us and stop using the DIGITALMAIN Services. Your use of any of the DIGITALMAIN Services after the posting of such changes shall constitute your consent to such changes.

Information Collected

We may collect certain user information (including personal information and/or sensitive personal information) in the following ways:

Information You Provide To Us. We collect information you provide directly to us including when you visit one of our websites, register for and/or use one of the DIGITALMAIN Services.

  • For example, we collect information when you register with DIGITALMAIN for an account, create or modify your profile and online account, access and use the DIGITALMAIN Services (including but not limited to when you upload, download, collaborate on or share files or other information), participate in any interactive features of the DIGITALMAIN Services, participate in a survey, contest, promotion, , activity or event, make a purchase, apply for a job, request customer support, or communicate with us via third-party social media sites
  • The types of information we may collect directly from you include your name, username, email address, your picture, postal address, phone number, employer’s name, job title, transactional information (including services purchased or subscribed to and billing address) as well as any contact or other information you choose to provide. Please be aware that the information you choose to provide in your DIGITALMAIN profile may reveal or identify information that is not expressly stated (for example, if you choose to provide your picture, your picture may reveal your gender. We also store the files or other information that you upload or provide to the DIGITALMAIN Services (“Content”) in order to be able to provide you with the features and functionality of the DIGITALMAIN Service.
  • The information of third parties such as name, email address, etc. as may be provided to enable the functionality and features of the DIGITALMAIN Service.

Information We Collect Automatically When You Use the DIGITALMAIN Services.When you access or use the DIGITALMAIN Services, we may automatically collect information about you, including:

  • Usage Information: We monitor user activity in connection with the DIGITALMAIN Services and may collect information about the applications and features you use, the websites you visit, the sizes and names of the files or folders you upload, download, share or access while using the DIGITALMAIN Services, the Content you access and any actions taken in connection with the access and use of your Content in the DIGITALMAIN Services.
  • Log Information: We log information about you when you access and use the DIGITALMAIN Services including your Internet Protocol (“IP”) address, access times, browser type and language, Internet Service Provider (“ISP”), the Web pages that you visit, the Content you use and the URL of the Web page you visited before navigating to the DIGITALMAIN Services.
  • Device Information: If you access the DIGITALMAIN Services from a mobile device, we collect information about the device, including the hardware model, operating system and version, unique device identifiers, mobile network information (as allowed by the mobile network) or platform information (as allowed by the specific platform type). We may ask for or access your location-based information from your mobile device with your consent through our mobile apps. You can enable or disable this functionality in the DIGITALMAIN mobile application settings. If you experience an error or crash in any of the DIGITALMAIN Services, we may collect data (using first or third-party products) and logs from your device including information such as your device’s Internet Protocol (“IP”) address, device name, operating system version, application configuration(s), the time and date, and other statistics.
  • Information Collected by Cookies and Other Tracking Technologies: We (including service providers who are working on our behalf) use various technologies to collect information, which may include saving cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve the DIGITALMAIN Services and your experience, customize your experience and preferences, allow you to access and use the DIGITALMAIN Services without re-entering your member ID and/or password, understand which areas and features of the DIGITALMAIN Services are most popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images (also called “gifs”) that may be used in the DIGITALMAIN Services or in emails that help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies and how to disable them, please see “Your Choices” below.
  • Third party cookies: If you sign-up for, access, or log into the DIGITALMAIN Services using third-party services, those third-party services may use cookies that are subject to those third-party services’ own rules and policies. DIGITALMAIN does not control the use of cookies by such third-party services. For more information around how you may be able to control the use of those cookies and other tracking technologies please see the Opting Out of Cookies and Advertising section below.
  • Third Party clear gifs: Our third-party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our website. We do not tie the information gathered to our Customers’ or Users’ personal information.
  • Local Shared Objects (“LSO”): We use LSOs such as HTML 5 to collect and store information in order to provide certain features on our website. Third parties with whom we partner may also use LSOs in order to provide certain features on our website or to display advertising based upon your Web browsing activity. Various browsers may offer their own management tools for removing HTML5 LSOs.
  • Google AdSense: We may use Google AdSense to publish ads on this website. When you view or click on an ad a cookie will be set to help better provide advertisements that may be of interest to you on this and other websites. You may opt-out of the use of this cookie by visiting Google’s Advertising and Privacy page: http://www.google.com/privacy_ads.html
  • Advertising Cookies: We may partner with third parties to manage our advertising on other websites. Our third parties may use tracking technologies such as cookies to gather information about your activities on this website and other websites you visit in order to provide you advertising based upon your browsing activities and interests.

Opting Out of Cookies and Advertising

You may opt out of behaviorally targeted ads anytime by deleting your browser’s cookies. In addition, you may opt-out of interest-based advertising from some third-party partners by visiting http://preferences-mgr.truste.com/, http://www.youronlinechoices.eu, or the third-party provider’s websites.

Please note that opting-out will only prevent targeted ads so you may continue to see generic (non-targeted ads) after you opt-out.

Do Not Track. Some browsers offer a “do not track” (“DNT”) option. Because no common industry or legal standard for DNT has been adopted by industry groups, technology companies or regulators, we do not respond to DNT signals. We will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

Information We Collect From Other Sources. We may also obtain information from third parties and combine that with information we collect through the DIGITALMAIN Services. For example, we may have access to certain information from a third-party social media service if you create or log into your online account through the service or otherwise provide us with access to information from the service. Any access that we may have to such information from a third-party social media service is in accordance with the privacy notice and authorization procedures determined by the social media service. We protect data obtained from third parties according to the practices described in this policy, plus any additional restrictions imposed by the source of the data.

Use of Information

We may use the information collected for the limited purpose of providing the DIGITALMAIN Service and related functionality and services, as described in this Privacy Notice and as permitted by applicable laws. These limited purposes include circumstances where it is necessary to provide or fulfill Services requested by or for you or where you have given us your express consent.

The information may be used to perform a variety of purposes, including to:

  • Provide, operate, maintain and improve the DIGITALMAIN Services;
  • Enable you to access and use the DIGITALMAIN Services, including uploading, downloading, collaborating on and sharing Content and sending emails on your behalf;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Provide and deliver the services and features you request, process and complete transactions, and send you related information, including purchase confirmations and invoices;
  • Respond to your comments, questions, and requests and provide customer service and support;
  • Communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about DIGITALMAIN and our select partners;
  • Process and deliver contest or sweepstakes entries and rewards;
  • Monitor and analyze trends, usage, and activities in connection with the DIGITALMAIN Services and for marketing or advertising purposes;
  • Investigate and prevent fraudulent transactions, unauthorized access to the DIGITALMAIN Services, and other illegal activities;
  • Personalize and improve the DIGITALMAIN Services, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the DIGITALMAIN Services;
  • Send you push notifications from time-to-time in order to update you about events or activities related to the DIGITALMAIN Services. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we collect certain information about your device such as operating system and user identification information;
  • Link or combine with other information we receive from third parties to help understand your needs and provide you with better service;
  • Enable you to communicate, collaborate, and share files with users you designate; and
  • For other purposes about which we will provide you with prior notice as described in the “Changes to This Notice” section
  • Processing

By accessing or using the DIGITALMAIN Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

Data Privacy Framework Statement

DigitalMain Inc. complies with the EU-U.S. Data Privacy program Framework (EU-U.S. DPF) and the Swiss-U.S. Data Privacy program Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  DigitalMain Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework program Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF.  DigitalMain Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework program Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the DPF principles, when we transfer Personal Data to a third party acting as our agent, we will be liable under the Principles if our agent processes such Personal Data in a manner inconsistent with the Principles unless we prove we are not responsible for the event giving rise to the damage. We may be required to disclose your Personal Data in response to a lawful request made by public authorities, including to meet national security or law enforcement requirements.

The Federal Trade Commission has jurisdiction over DigitalMain’s compliance with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).

In compliance with the EU-US Data Privacy Framework Principles, DigitalMain Inc. commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the DPF Principles.  European Union and Swiss individuals with DPF inquiries or complaints should first contact DigitalMain Inc. at security@digitalmain.com.

DigitalMain Inc. has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, Data Privacy Framework Services, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers  for more information and to file a complaint. This service is provided free of charge to you.

If your  DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2

Sharing and Disclosure of Information.

By accessing or using the DIGITALMAIN Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence.

  • Vendors, Consultants and Other Service Providers: We may share your information with third-party vendors, consultants and other service providers who are working on our behalf and require access to your information to carry out that work, such as to process billing, provide customer support, etc. These service providers are authorized to use your personal information only as necessary to provide services to DIGITALMAIN and/or DIGITALMAIN Services
    In some cases, we may share your information with third-party vendors to understand which areas and features of the DIGITALMAIN Services are most popular and/or to improve the overall effectiveness of DIGITALMAIN’s Services and features
  • Corporate Account: If you are an individual DIGITALMAIN registered user and the domain of the primary email address associated with your DIGITALMAIN account is owned by your employer and was assigned to you as an employee of that organization, and such organization wishes to establish a DIGITALMAIN corporate account, then certain information concerning past use of your individual account may become accessible to that organization’s administrator including your email address
  • For Collaboration: We may share your information, including when you choose to use collaboration features in the DIGITALMAIN Services that by their nature support sharing with third parties who you choose. Your name, email address, information from your profile and online account (including your photo), and any Content you choose to share will be shared with such third parties, and such third parties may communicate with you (such as by posting comments or emailing you) in connection with your use of the collaboration features of the DIGITALMAIN Services. For example, third parties who you invite to collaborate with you using the collaboration features of the DIGITALMAIN Services may also modify Content that you have shared, upload documents and photos to Content you have shared, share such Content outside of the DIGITALMAIN Services, and provide other third parties with rights to view the Content you have shared.
  • Third Party Applications: DIGITALMAIN provides you with opportunities to connect with third-party applications or services, such as DIGITALMAIN application partner ecosystem. If you choose to use any such third-party applications or services, we may share information about you including your username and any Content you choose to use in connection with those applications and services, and such third parties may contact you directly as necessary. This Privacy Notice does not apply to your use of such third-party applications and services, and we are not responsible for how those third parties collect, use and disclose your information and Content. We encourage you to review the privacy policies of those third parties before connecting to or using their applications or services to learn more about their information and privacy practices.
  • Compliance with Laws: We may disclose your information to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and Terms of Service, (c) to protect the security or integrity of the DIGITALMAIN Services, (d) to protect DIGITALMAIN, our customers or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person or (f) to any other third party with your prior consent.
  • Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Aggregated or Anonymized Data: We may also share aggregated or anonymized information with third parties that does not directly identify you.

Collaboration and Sharing Features

The DIGITALMAIN Services may offer collaboration features or other integrated tools, which allow you to share your Content through the DIGITALMAIN Services. As a function of the collaborative nature of the DIGITALMAIN Services and based on the permissions and settings you choose, the use of such features enables the sharing of Content with people you want to collaborate with or with the public.

Security

While no service is completely secure, DIGITALMAIN takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

The servers on which personal information is stored are kept in a controlled environment with limited access. While we take reasonable efforts to guard personal information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any passively-collected personal information you choose to include in documents you store on our systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information.

You may access your account information and our service only through the use of an individual user ID and password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.

If you have any questions about the security of your personal information, you can contact us at ask@digitalmain.com

Your Choices

Account Information & Retention. You may update, correct or delete information about you at any time by logging into your online account and modifying your information or by emailing us at ask@digitalmain.com. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice. If you wish to deactivate your account, please email us at ask@digitalmain.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time. We will respond to your access request within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information to comply with our legal obligations, resolve disputes and enforce our agreements.

We will retain personal data we process on behalf of our customers as directed by paying customers. DIGITALMAIN will retain this personal information as necessary to comply with legal obligations, resolve disputes, and enforce agreements.

Upon request, DIGITALMAIN will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information that we are aware of. To request this information, contact us at ask@digitalmain.com

Promotional and Newsletter Communications. You may opt out of receiving promotional and newsletter emails from DIGITALMAIN by following the opt-out instructions provided in those emails. You may also opt-out of receiving promotional emails and other promotional communications from us at any time by emailing ask@digitalmain.com with your specific request. If you opt out, we may still send you non-promotional communications, such as security alerts and notices related to your access to or use of the DIGITALMAIN Services or those about your online account or our ongoing business relations.

Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to prompt you before accepting such a cookie. Please note that, if you choose to remove or reject browser cookies, this could affect the availability or functionality of the DIGITALMAIN Services.

California Residents. Under California law, California Residents who have an established business relationship with DIGITALMAIN may choose to opt out of DIGITALMAIN’s disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt-out at any time after granting approval email ask@digitalmain.com

Single Sign-On

You may log in to our website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form.

Social Media Features and Widgets

The DIGITALMAIN Services may include social media features. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on a DIGITALMAIN Service. Your interactions with these features are governed by the privacy notice of the company providing it.

Community Forums and Blogs

Our website may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.

To request removal of your personal information from our blog or testimonials, contact us at the email address listed above. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Testimonials

We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent we may post your testimonial along with your name.

Links to Third Party Websites

We may place links on the DIGITALMAIN Services. When you click on a link to a third party website from our website, your activity and use on the linked website is governed by that website’s policies, not by those of DIGITALMAIN. We encourage you to visit their websites and review their privacy and user policies.

Our Policy Toward Children

The DIGITALMAIN Services is not directed to individuals under 18. We do not knowingly collect personal information from children under the age of 18. If you become aware that a child has provided us with personal information, please contact us at ask@digitalmain.com. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information.

Contacting Us

Any questions about this Privacy Notice should be addressed ask@digitalmain.com or to DIGITALMAIN, 21025 Classic Ct, Cupertino, CA 95014, United States of America.

Complaints

If you have a concern about our handling of your personal information, please get in contact with us first using the details in the ‘Contacting Us’ section of this Privacy Notice.

 

Certifications

SOC II – Awarded: 12/15/2023