Last Updated: January 21, 2021
Welcome to the Mindset by DIVE Studios application (together with all of its features and content and related or commonly owned or operated websites and applications, the “Platform”), made available by Creators Collective, Inc., a Delaware corporation doing business as DIVE Studios (“DIVE Studios”).
Your privacy is very important to DIVE Studios, and in order to best protect your information, DIVE Studios has adopted this privacy policy (“Privacy Policy”), which applies to any and all information you submit to DIVE Studios in connection with your access to and/or use of the Platform. This Privacy Policy describes the information DIVE Studios collects from you through the Platform, how DIVE Studios uses that information, and its legal basis for doing so. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to DIVE Studios. It also covers whether and how that information may be shared and your rights and choices regarding such information.
By accessing and using the Platform and/or creating an Account, you are accepting the practices described in this Privacy Policy (including new versions of this Privacy Policy when and as they go into effect), and the Mindset by DIVE Studios Terms and Conditions of Use, which governs this Privacy Policy and contains all disclaimers of warranties and limitation of liabilities, and which constitutes a legally binding agreement between DIVE Studios and each individual, corporation, limited liability company, partnership, association, or other entity or party (a “Person”) that accesses or uses the Platform (collectively, “Users,” and each, a “User”, “you” or “your”). Capitalized words not defined in this Privacy Policy are defined in the Terms and Conditions of Use.
In order for you to access and use the Platform, DIVE Studios needs to collect and process certain information, which depending on how you use the Platform, may include:
You can opt out of being included in Google Analytics at https://tools.google.com/dlpage/gaoptout. For more information about our use of data analytics to protect and improve our Platform, see Cookies and How We Utilize Them below.
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.
DIVE Studios uses the following types of cookies and other technologies:
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.
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. If you block cookies, certain features on the Platform may not work. If you block or reject cookies, not all of the tracking described in this Privacy Policy will necessarily stop.
Note that certain options you select are specific to certain browsers and devices.
The Platform may contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Platform is used.
DIVE Studios uses third parties to gather information about how you and others use the Platform. For example, DIVE Studios will know how many Users access a specific Platform page, Episode, or Mindset and what Content they clicked on or streamed. DIVE Studios uses this aggregated information to understand and optimize how the Platform is used.
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 (e.g., “like” or “comment”) with 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 and that DIVE Studios neither controls the extent of personally information collected by the respective plug-in provider nor knows the processing’s purpose or the period your personally information will be retained. For further information as to 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.
DIVE Studios uses the information it collects for the following purposes:
This section provides additional details about the personal information DIVE Studios may collect about California-resident Users and the rights afforded to them under California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018 (“CCPA”). California-resident Users are entitled to additional privacy rights which are further described below. California-resident Users who wish to request further information about our compliance with the above referenced statutes or who have questions more generally about our Privacy Policy or the CCPA and our privacy commitments to our Users should not hesitate to contact DIVE Studios at support@getmindset.com.
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:
When you engage with Interactive Functionalities (including, without limitation, posting comments to Episodes), Creators and all other Users will be able to view such engagements, which will be attributed to you through your Account username. When you utilize the Voice Messaging Feature, the Creator with whom you are chatting will be able to view/listen to your messages and nothing in this Privacy Policy or the Terms and Conditions of Use places any obligations on Creators or guarantees any protections to you with respect to the information shared via the Voice Messaging Feature, which is at your own risk. DIVE Studios will also maintain records of, and will be able to access, such Voice Messaging Feature messages. Users should not engage with Interactive Functionalities or communicate through the Voice Messaging Feature any information, including, without limitation, personal information, that they do not want to be publicly accessible or viewable.
Information DIVE Studios Never Shares Publicly
The following personal information is never publicly displayed or revealed to other Users:
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 protect your personal information 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 law enforcement, 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:
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.
The Platform may include links to websites or services whose privacy practices may differ from DIVE Studios’ privacy practices as described in this Privacy Policy. When you click or otherwise use a link to an external website or service, the privacy policy and data processing disclosures for that website or service, and not this Privacy Policy, govern.
DIVE Studios will retain the information collected from or about you as long as necessary to provide you with the Platform or DIVE Studios’ services, or as otherwise set forth in this Privacy Policy, and to the extent set out in this Privacy Policy and as necessary to comply with DIVE Studios’ legal obligations, resolve disputes, enforce our agreements, and protect DIVE Studios’ legal rights. Additionally, DIVE Studios may retain indefinitely any aggregated, anonymized, or pseudonymized information collected, and may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format.
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.
With respect to any personal information that may be originally collected and stored in the European Economic Area, if and when DIVE Studios transfers your personal information to countries outside the European Economic Area, it will do so under the Commission’s model contracts for the transfer of personal information to third countries (i.e., standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate). For a copy of these Standard Contractual Clauses, please contact DIVE Studios at support@getmindset.com.
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 support@getmindset.com, and DIVE Studios will take steps to delete such personal information from its records as soon as possible.
Users residing in certain countries, including citizens or residents of the European Economic Area, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of such User’s personal information. Even after you request DIVE Studios deletes your personal information, DIVE Studios may retain certain information as required by law or as necessary for its legitimate business purposes.
More specifically, these Users have the following rights:
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.
DIVE Studios want to communicate with you only if you want to hear from us. DIVE Studios will 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 and give you the ability to opt in to any marketing communications.
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 support@getmindset.com 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.
DIVE Studios takes security seriously, and the security of your personal data is important to us. DIVE Studios follows industry-standard practices to protect the data DIVE Studios collects and maintains, including using Transport Layer Security (TLS) to encrypt information as it travels over the Internet, and stores block-level data on Elastic Block Store (EBS), object-level data on Simple Storage Service (S3), and relational data on Relational Database Service (RDS). All of those services have encryption enabled using the AES-256 algorithm. Additionally, DIVE Studios utilizes firewalls to secure ports at the network interface layer, and uses VPC endpoints when possible to sustain private connections between its virtual network and the Amazon Web Services (AWS) tools/services DIVE Studios utilizes without requiring access over the Internet.
However, the Internet is, by nature, not a secure environment and the nature of security risks is constantly evolving as are the technical and organizational industry standards relating to management of those risks. While DIVE Studios strives to keep current our security technology and will review, refine, and upgrade its security technology as DIVE Studios deems appropriate based on new tools that may become available in the future, the complete security of any information collected, stored or used by DIVE Studios cannot therefore be guaranteed. In the unlikely event that an unauthorized third-party compromises DIVE Studios’ security measures, DIVE Studios will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use, or disseminate such information.
DIVE Studios may change the terms of this Privacy Policy at any time. Whenever DIVE Studios makes a material change, DIVE Studios will post on the Platform or send you an email. The effective date of the most recent version of this Privacy Policy will appear at the top of this page. New versions of this Privacy Policy will never apply retroactively.
Questions or comments about this Privacy Policy should be sent by email to support@getmindset.com or mail to 700 North San Vicente Boulevard, 7th Floor, Los Angeles, California 90069.