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This Privacy Policy, as amended from time to time (the “Policy”), governs DiagramArt’s collection and use of your personal information. By using the Website you consent to the collection, use and disclosure of your personal information in accordance with this Policy. This Policy is governed by the laws of the State of California irrespective of your location.

GENERAL DATA PROTECTION REGULATION

What is the GDPR and when does it take effect?

The General Data Protection Regulation (GDPR) is a complex update to existing European Union laws that goes into effect on May 25, 2018. The GDPR was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy. Processing is defined broadly and refers to anything related to personal data, including how a company handles and manages data, such as collecting, storing, using and destroying data.

Who does the GDPR apply to?

The GDPR applies not only to organizations who process data in the EU, but also any organization that offers goods or services to, or collects personal information from citizens of the EU. GDPR applies even if the processing takes place outside of the EU.

Which data elements fall under the GDPR?

The GDPR applies to information that directly or indirectly could identify an individual. This includes information, such as names, addresses, phone numbers, date of birth, as well as IP addresses, cookie identifiers, device information, advertising identifiers, financial information, geo-location information, social media information, consumer preferences, etc.

While many of the principles of this regulation build on EU data protection rules, the GDPR has a wider scope, more prescriptive standards according to them we process personal data in a way that is:

  • Concise
  • Transparent
  • Intelligible
  • Easily accessible
  • In clear and plain language

1. Users

This Website is intended for adults. If you are between the ages of 13 and 18, please ask your parent or legal guardian for permission before you enter DiagramArt’s Website.

NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS:

DIAGRAMART DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MUST NOT USE THIS WEBSITE. PLEASE DO NOT SEND DIAGRAMART ANY PERSONAL INFORMATION INCLUDING YOUR EMAIL, NAME AND/OR CONTACT INFORMATION. IF YOU WANT TO CONTACT DIAGRAMART, YOU MAY ONLY DO SO THROUGH YOUR PARENT OR LEGAL GUARDIAN.

2. Type of Information Collected

When you visit this Website, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, browser type, and operating system. This type of information does not identify you personally. When you register with DiagramArt, we may also collect the personal information that you submit such as your name, address, email address, credit card numbers, and country of origin (“Registration Information”). For contributors (as identified on our Website), Registration Information may include verification of your identity with a government issued ID. Additionally, we may collect certain information from our contributors for tax purposes.

We may also collect non-Registration Information from our users, including the number of uploads and downloads on the Website, profile changes, content changes, and forum activity. DiagramArt uses an outside third party credit card processing company to bill you for your purchases or compensate you for your uploads, which may in some instances include the storage of your personal information by the third party, such as your credit card number. Additionally, DiagramArt may track copyright infringement claims through its membership management module. Information related to copyright infringement claims may be stored by DiagramArt.

3. Cookies

When you visit our Website, you may search and review certain information without disclosing your identity. We may use cookies to manage a visitor’s session and to enable registered users to utilize the “remember me” function. Cookies may be used irrespective of whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The type of information a cookie collects includes the date and time you visited, your browsing history, your preferences, and your username.

In some instances, our third party service providers may use cookies on our Website. We cannot control or access cookies used by third party service providers. This Policy covers only cookies used by DiagramArt, and not any cookies used by third parties.

You have the ability to either accept or decline the use of cookies on your computer. Typically, you can configure your browser to not to accept cookies, however, declining the use of cookies may limit your access to certain features of the DiagramArt Website. For example, you may have difficulty logging in or using certain interactive features of our Website, such as our member-only areas, payment features, and DiagramArt Forum. You should be able to experience the basic functions on DiagramArt’s Website, even if you decline the use of cookies.

4. Third Parties

DiagramArt uses third party service providers such as PayPal and Bibit to process purchases made on our Website. In addition, our Website may occasionally contain links to other sites. If you click on these links, you leave the DiagramArt Website and we are not responsible for the content or the security of your personal information when using the other site. These sites may have their own privacy policies governing the storage and retention of your personal information. They may collect information such as your name, mailing address, IP address, browser specifications, and credit card number. This Policy does not govern personal information provided to, stored on, or used by third party sites. We recommend that when you enter a third party site, you review the third party’s privacy policy as it relates to safeguarding your personal information.

5. How Your Information is Used

DiagramArt may use your personal information to:

  • Verify a user’s identity for security purposes
  • Create and manage your membership account
  • Process your transactions
  • Provide customer services
  • Display services or offers that may be of interest to you.
  • Monitor our users’ uploads, downloads, changes in profiles, and forum participation.
  • If you are a contributor, to compensate you and prepare your tax forms.
  • To communicate with you about your transactions, new products and services
  • To run our interactive features such as the Blog or Forum.

We may also convert your information into anonymous data in order to help us monitor traffic on our Website. For example, we may also use the personal information disclosed to us to assist you with technical difficulties you may experience while using our Website. We may share your personal information and the demographic information we have collected with our third party service providers.

6. Protecting Your Personal Information

As a valued customer, we recognize that protecting your privacy is important to you. For this reason, DiagramArt is committed to protecting your personal information in several ways. Your Registration Information is protected by a unique customer password and user ID, and your password is encrypted. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. We also use secure socket layer technology (SSL) for specific types of information, such as your login and payment information. We may retain your personal information for as long as is required to fulfill our business objective.

Additionally, the personal information collected by DiagramArt may be stored and processed in a country other than your home country. By providing us with your personal information and using the DiagramArt Website, you are consenting to any such transfer of information outside of your home country.

We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect your personal information, we cannot guarantee its security. Therefore, DiagramArt assumes no liability regarding the theft, loss, alteration or misuse of personal or other information, including without limitation such information that we have provided to third parties, or with regards to the failure of a third party to abide by the privacy policy or agreement between DiagramArt and a third party.

As a registered user of DiagramArt, you may participate in DiagramArt’s Forum. We strongly discourage posting any information that you do not want others to see on these features. Messages posted to the  Forum may be retained so long as the DiagramArt Website is operational.

7. Your Choice

You may review and change the information you provide to us by going to the “My Profile” section of the Website. We may send you any legally required notifications and certain notifications, including but not limited to service related notices or notices regarding a change to any of DiagramArt’s policies (“Required Notices”). For example, we may send you a notice regarding server problems or scheduled Website maintenance. In order to opt-out of receiving Required Notices, you may need to deactivate your account.

8. Disclosures

On rare occasions, DiagramArt may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with DiagramArt’s legal obligations, including, but not limited to, complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests.

9. Notification of Changes

We reserve the right to change this Policy from time to time, and at our sole discretion. You should make note of the “last updated date” at the beginning of this Policy. With this information, you should be able to identify if the Policy has been updated recently.

Please note that if you have limited your account preferences, we will not change your preferences without your consent. If substantially all of DiagramArt’s assets are sold or merged with another company, DiagramArt will notify you of the transaction. The acquiring company will be given access to your personal information without your consent. If DiagramArt sells only a part of its business, the acquiring entity will have access to your personal information without your consent and DiagramArt may send you a notice regarding this sale.

10. Disputes

Any disputes regarding your privacy are subject to this Privacy Policy and DiagramArt’s Terms and Conditions, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law.

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