Effective Date: August 26, 2016
Collection and Use of Personally Identifiable Information
By submitting Personally Identifiable Information to DMTR and using this website, you understand and consent to the collection, sharing, storage, processing and use of your Personally Identifiable Information by DMTR, its affiliated companies and its agents and contractors, as described herein. In addition, if you are located outside the United States, you specifically consent to the transfer of your Personally Identifiable Information to the United States. Unless you opt out, we may use the Personally Identifiable Information to send you emails or other information about DMTR and its services as well as promotional material on behalf of some of our affiliates and partners. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please follow the instructions at the bottom of a DMTR or DMTR affiliate email to unsubscribe to these materials, or contact DMTR directly at firstname.lastname@example.org to opt out. Because user lists often are prepared well in advance, you may continue to receive some correspondence after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
Collection and Use of Non-Personally Identifiable Information
DMTR collects non-personally identifiable information automatically sent by your browser when you visit this site (such as Internet Protocol Address, referring URLs, various geographic location information, etc.), and stores it in DMTR log files. For some activities, we may ask you to create a username and password and/or to provide other, non-personal information such as your age, gender, location coordinates or education level, and we may combine such information with your personally identifiable information. In addition, this website may use different types of technology to collect non-personally identifiable information, including cookies and beacons (also called “clear GIFs” or “pixel tags”). All of this non-personally identifiable information helps us to better understand how the website is used, offer new or improve existing services, resolve technical problems, measure the effectiveness of our advertising to you and otherwise enhance your experience at this website. The use of information gathering technologies (including cookies and beacons) are required for certain site functionalities to work properly, and the information collected is associated with your account and your Personally Identifiable Information. If you do not wish for us to employ information gathering technologies, you should discontinue usage of this website. In addition, we may use non-personally identifiable information to provide offers or advertisements that may be of interest to you. If you do not wish to receive offers or advertisements based on your non-personally-identifiable information, please follow the instructions at the bottom of DMTR emails for opting out. Because your non-personally identifiable information does not identify you, we reserve the right to share such information with our affiliates, partners and other third parties for any purpose whatsoever in our sole discretion, including, without limitation, in connection with targeted and/or behavioral advertising and/or location-based applications.
Flash Cookies. Our Website may enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Website. Although the Adobe Flash Player is used by the vast majority of websites that offer video content and/or games, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices.
Web Beacons. The Website or our e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our website or to monitor how our users navigate our Website, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Website and our marketing campaigns.
IP Addresses. An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Website, our servers may log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our partners or to audit the use of the Website. We may associate your IP address with the personally identifiable information you provide. We also may collect and store information about you that we receive from other sources.
Information Sharing and Confidentiality
Who is Collecting Your Information
When you are asked for information while on the Website, you are sharing that information with DMTR and its affiliates, unless specifically stated otherwise. As a result of this sharing, you may receive communications from DMTR or its affiliates. In addition, some services are provided in conjunction with partner companies. If your personally identifiable information is being collected by a company other than DMTR or its affiliates, you will be notified at the time the information is collected. If you do not want your information shared, you can choose not to allow the transfer of information by not using that particular service or by not providing any information at that time.
Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they adhere to the same privacy and security procedures as we do.
Changes in Corporate Structure
As with any business, your personally identifiable information is also an asset of DMTR and will become part of our normal business records. As such, we may also disclose your personally identifiable information to a third party if we decide to sell a line of business to that third party, so you can continue to receive service and information in connection with that line of business with as little disruption as possible. Similarly, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personally identifiable information may be transferred to our successor or assign.
Compliance with COPPA.
We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. This Website supports and complies with COPPA and other applicable laws. We are committed to the privacy of children, and our Website and online tools and products are not designed for or directed to children under 13 years of age. If you are under the age of 13, please do not use this Website, and if you are over the age of 13 but under the age of 18, you should use this Website only with the involvement and permission of a parent or legal guardian. No personally identifiable information is purposefully or knowingly collected from children under the age of 13 by us without parental consent. If we discover that a person under the age of 13 has provided us with any personally identifiable information, we will use commercially reasonable efforts to delete such person’s personally identifiable information from our system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.
Compliance with United States Laws and Regulations
DMTR complies with the privacy laws and regulations of the United States of America. DMTR makes no representation that this website is governed by or operated in accordance with the laws of other nations, or that the website or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using this website, visitors from outside of the United States of America acknowledge this website is subject to the laws and regulations of the United States of America, and waive any claims that may arise under their own national laws.
Governing Law, Disputes, Including Mandatory Arbitration and Class Action Waiver
- You may assert claims in small claims court if your claims apply;
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Philadelphia County, Pennsylvania, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in this Policy is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of this Policy. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: DMTR2017, LLC, 1 South Broad St, Ste. 1710, Philadelphia, PA, 19107, Attn: Legal. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS’s rules, but in no event will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in Philadelphia County, Pennsylvania. In the event that the location of the Arbitration (Philadelphia County, PA) is for any reason held to be unenforceable, the Arbitration shall take place in person in the county where you live or at another mutually agreed location.
We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. BY MAKING YOUR PURCHASE AND/OR USING/ACCESSING THE DMTR WEBSITE, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. If any provision of this Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Policy and shall not affect the validity and enforceability of any remaining provisions.