This policy explains the what, how, and why of the information we collect when you visit one of our websites, or when you use our Service. It also explains the specific ways we use and disclose that information.
Your privacy really matters. At forDIVI, we have a few fundamental principles:
- We don’t ask you for personal information unless we truly need it.
- We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
- We don’t store personal information on our servers unless required for the ongoing operation of one of our services.
- We don’t sell any of your personal information
Definitions
forDivi (“forDIVI” or the “Service”) is both a WordPress Child Theme and layout and assets used with Divi Theme of Elegant Themes aimed at helping developers create beautiful website’s for their clients. forDIVI is owned and operated by JMSR, Pixélika and NRud (“we,” or “us”). forDIVI has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
Questions & Concerns
If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter, you are more than welcome to contact us at support@fordivi.com.
Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.
We collect information in two ways: if and when you provide information to us (such as purchasing an forDIVI PRO license or registering an account on our support forum) and automatically through operating our services (such as activating an forDIVI PRO license on your website). Let’s go over the information that we collect.
Information You Provide to Us
We collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:
- Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for an forDIVI Forum account to provide a username and email address–and that’s it. You may provide us with more information–like your name–but we don’t require that information to create your account.
- Public Profile Information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have an forDIVI forum account, your username is part of that public profile, along with any other information you put into your public profile. Your public profile is just that–public–so please keep that in mind when deciding what information you would like to include.
- Public Content Information: If you post on our community forum, we collect the information you submit (as a topic, reply or upload).
- Transaction and Billing Information: If you buy something from us, you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
- Communications with Us (Hi There!): You may also provide us information when you contact us, communicate with our support team, or post a comment on our blog.
Information We Collect Automatically.
We also collect some information automatically:
- Usage Information: We collect information about your usage of our Services. For example, we collect information to authenticate a license activation and provide plugin updates. We use this information to provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
- License Activation Information: When you enter and activate a license within your WordPress website, we collect information to authenticate and provide software updates for that website. This information includes the license key, forDIVI version, WordPress version, website name, website URL, website language and timezone.
- Log Information: Like most website operators, we collect information that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request.
- Cookies and tracking: We and our partners use cookies and similar tracking technologies on our Website to analyze trends, administer the website, track users’ movements around the website, and gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. For more information about our use of cookies and other tracking technologies, as well as how to opt out of the use of cookies, please refer to our Cookie Policy here.
How We Use Information
We use information about you as mentioned above and as follows:
- To provide our Services to you. For example, to set up and maintain your account, provide plugin updates, or charge you for any of our paid Services;
- To further develop our Services. For example by adding new features that we think our users will enjoy or will help them to create and manage their websites more efficiently;
- To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
- To monitor and protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of forDIVI and others;
- To send you informational and promotional content in accordance with your marketing preferences. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
- To send you important notifications. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.
- To communicate with you and provide customer support.
- To personalize your experience using our Services, provide content recommendations and serve relevant content.
Sharing Information
We do not sell our users’ private personal information.
We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
- Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
- Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information) and those that help us understand and enhance our Services (like analytics providers). We require vendors to agree to privacy commitments in order to share information with them.
- As Required by Law: We may disclose information about you in response to a subpoena, court order, or other governmental request.
- To Protect Rights and Property: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of forDIVI, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
- Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that forDIVI goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
- With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties who are able to help solve a support ticket, such as your website’s host.
- Published Support Requests: And if you send us a request (for example, via a support email), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
Information that you choose to make public is–you guessed it–disclosed publicly. That means, of course, that information like your public profile and comments are all available to others. Public information may also be indexed by search engines or used by third parties. Please keep all of this in mind when deciding what you would like to share.
Security
Notice of Breach of Security
If a security breach causes an unauthorized intrusion into our system that affects you in any way, then forDIVI will notify you as soon as possible and later report the action we took in response.
Safeguarding Your Information
We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.
Our payment processing vendors (Stripe and PayPal) uses security measures to protect your information both during the transaction and after it is complete. If you have any questions about the security of your Personal Information, you may contact us at support@fordivi.com.
Compliance
Accuracy and Retention of Data
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.
Access
We will give an individual access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contact us at support@fordivi.com. Unless it is prohibited by law, we will remove any Personal Information about an individual from our servers at your request. There is no charge for an individual to access or update their Personal Information.
Choices
You have several choices available when it comes to information about you:
- Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services–for example, paid, premium plugins–may not be accessible.
- Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
- Set Your Browser to Reject Cookies: forDIVI visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our websites, with the drawback that certain features may not function properly without the aid of cookies.
Privacy Policy Changes
Although most changes are likely to be minor, forDIVI may change its Privacy Policy from time to time. forDIVI encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
Further considerations
Controller
FORDIVI is the controller of personal data contained in this agreement in relation to the legal representatives and partners of the parties (hereinafter stakeholders) and those being generated as a result of its execution.
The need of the data processing
The communication of personal data by the stakeholders is a contractual requirement for the implementation of this agreement, and the stakeholder shall provide such data and be informed so far the agreement may not be signed, performed and even terminated in case such data are not provided.
Purposes of data processing
The purposes of processing the data are (i) to carry out the management, development, implementation and control of the contractual relationship, (ii) shipment of any type of electronic or postal correspondence related to that relationship, (iii) inclusion of the data in the corporate and departmental address book of FORDIVI, and employees who are in need of, (iv) the accurate management in terms of finance, accounting and tax, and revenue derived from the established legal relationship, (v) management of the relevant contractual file for its filing and record-keeping.
Data storage term
Your data will be preserved during the period of the agreement effectiveness, while the deletion of your data is not requested, during the limitation period of the actions that may arise in connection with this agreement; as well as any claim that we could receive from official bodies such as Tax Office and / or Social Security administration. In any case, the maximum storage period will be 5 years from the moment of the termination of the agreement.
Legal basis of data processing
The processing of the stakeholders’ data is required for the execution of the agreement the stakeholders are part thereof as legal representatives and/ or partners. Furthermore, the inclusion to our contacts database will be based on the legitimate interest.
Recipients of data
Personal data will be communicated to the following third parties (i) judges and courts, in compliance with requirements, legal obligations or in connection with legal proceedings; (ii) banks for the management of the receivables and payments; (iii) tax agency, for the fulfillment of tax obligations; (iv) financial auditors for the fulfilment of financial obligations; (v) public notaries in the event of converting a document into a public instrument; and to any other third party whose divestiture is required to be carried out under the applicable rules in force in each case, such as the competent administrative bodies for reasons of control, registration and inspection.
International transfers
Your data are not transferred at an international scale.
Data processor
Your data can be made available to third parties, both in Spain and at the level of the European Union, in order to provide services to our company such as accommodation, invoicing, etc. in accordance with a services provision agreement and another related to processing commission with the obligation of change-back or destruction at the completion of the service.
Rights
Stakeholders can exercise their rights of access, rectification, deletion, opposition, limitation of data processing and, where legally appropriate, portability, by sending a request to the postal address of FORDIVI indicating the right they wish to exercise, along with the copy of both sides of their identity cards or legal document of identification of the identity. Also, the stakeholder may submit the appropriate claim with the Spanish data protection agency.
Contacting Us
If you have any questions about this Privacy Policy or wish to exercise any of your rights as described above, please contact us at support@fordivi.com. We will attempt to resolve any complaints regarding the use of your Personal Information in accordance with this Privacy Policy.
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Updated Nov 22, 2020