Truth be told, we're kind of private people. We expect you are too, at least about, you know, that thing you asked us not to mention here. To hide these deep dark secrets, and to otherwise be nice people, we take privacy very seriously here. (Our lawyers have asked us to specify that by "us", "we", and similar terms we mean DivX, Inc. and other entities owned or controlled by it.) This document (which is included by reference in our Terms of Use specifies what information of yours we collect and how we will use it. By using our web sites and services (meaning DivX.com, Stage6, and other web sites and applications owned or run by us), you are agreeing that this privacy policy is acceptable to you. If it isn't, don't use our web sites and services, and don't provide us with any information. No harm, no foul. We also reserve the right to change this policy at any time. We're not going to email you every time we make a change to this policy, but the last date we updated it will always be at the top of the page. So check back regularly to monitor when it changes.
With that said, let's get to the explaining:
We collect a variety of information from you if you use our web sites or software products, or if you buy a certified DivX consumer electronics device and choose to register it. Some of this information is personally identifiable (meaning we have it and know it is your information), and some of it is non-personally identifiable (meaning we have it but do not know it is your information).
More specifically, we collect the following information:
If you use our web sites and register for an account, you will be asked for certain personally identifiable information (your name, email address, zip code, and date of birth). And if you purchase something from our web sites or offer something for sale yourself, you will be asked to provide us with additional information (your address, credit card information, and certain tax-related information) for payment processing and tax purposes.
If you buy a certified DivX consumer electronics device and choose to register it, you will be asked to create an account, requiring you to give us the same information mentioned above for web site accounts. (They're actually the same account system behind the scenes, so you get a web site account too as a bonus.) If you then decide to purchase protected DivX content and play it on your registered device, a unique identifier will be inserted into your copy of the protected content so that it can play on your registered device. But when you actually play this content on your device, no information is sent to us. We know you when you purchase a piece of content, but don't know how many times you watch it. (We'll leave that job up to your mom.)
If you use our software products (including the DivX codec), we may collect additional information. In general, this information will be collected only with your explicit consent:
If you choose to purchase and watch protected DivX content using the DivX Player, you will have to register for an account (making your computer like a certified DivX consumer electronics device, and providing the same information mentioned earlier), and the application will track and log requests to view the protected content in order for us to enforce the usage rights set by the content owner. (Unlike with the dedicated consumer electronics devices, in this case, we do have a record of what protected content you watch.) No information whatsoever is collected when you watch normal, unprotected content.
Also, the first time you start the DivX Player application, you will be asked if you would like to send us information about your system configuration. You are free to choose to send us this information or not, and a button is provided during the process that allows you to review all of the information before it is sent. This information is used for diagnostic and product planning purposes only, and is stored in a separate database that is not in any way linked to personally identifiable information.
There are also a few exceptions where information may be collected without your explicit consent:
First, most of our software, when run, will automatically contact our servers to check for new versions (this functionality may be disabled in the software preferences).
Second, our installers are designed to send us a small amount of information confirming that the software has actually been installed -- this information is not personally identifiable to you, and we use it in aggregate only for diagnostic and planning purposes.
Third, some of our software products will automatically contact our servers to retrieve rotating interface images (including, in some cases, advertisements) that are displayed in the software -- no personally identifiable information is sent when this occurs.
If you download our software installers with bundled third-party software, you should know that as a rule we do our best not to include such software that we think will collect information inconsistent with this policy. But please read and understand the privacy policy distributed with that third party's product before agreeing to install any such bundled software.
Finally, we collect other, non-personally identifiable information using cookies, server logs, and single-pixel or transparent image HTML-based emails. The images in the HTML-based emails allow us to track how many people open the emails we send out.
We do our best to use your information only in ways that directly improve our web sites and services. We're honest folks, and aren't out to get anyone. Conspiracy theorists, take note.
We may do the following with your information:
Use it for non-marketing or administrative purposes, including but not limited to notifying you of developments relating to your transactions on the web site or to your account, requesting your feedback on our web site and services via surveys, and/or for customer services or data security-related purposes.
Use it to send you our free, incredibly interesting (the guy who writes it made us say that) email newsletter. That is, if you have chosen to subscribe to it. We won't send you any commercial or marketing messages without your explicit consent. (You'll be asked if you'd like to opt-in when you create your account and you'll always have the opportunity to opt back out.)
Use it within our company to continually improve the quality and design of our web site and services and to develop new features, promotions, and services.
Use cookies, log file and single-pixel information to: (a) remember information so that you will not have to re-enter it during your current or next visit to the web site; (b) provide you access to targeted and/or personalized content and information; (c) monitor the effectiveness of our marketing and promotional campaigns; (d) monitor and compile certain web site-related statistics including the total number of visitors, pages viewed, average time spent per page, etc.; and (e) track your participation in promotions and special programs.
Provide it to third party companies solely as necessary to process transactions relating to your purchase and/or sale of content, software or other materials and/or to maintain your accounts. We, or these parties on our behalf, may also provide information (such as name, credit card number, tax id number, etc.) to banks, other financial entities that process credit card transactions, and/or applicable governmental and tax authorities. We will NOT share any of this type of information with other, third party companies for their own commercial or marketing purposes without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
Share aggregate, non-personally identifiable information (including anonymous usage patterns, cookies, IP addresses, browser type, click rates, etc.) with third party companies that wish to learn more about usage patterns for certain video content, software downloads, services, advertisements, and/or promotions associated with the web site.
Disclose any information about you without your prior consent if we have a good faith belief that such disclosure is reasonably necessary to (1) satisfy any applicable law, regulation, legal process or enforceable government request, including subpoenas from private parties in a civil action; (2) detect, prevent or otherwise address fraud, security or technical issues; (3) enforce the provisions of this Privacy Policy and/or any other agreements between you and DivX, including investigation of potential violations thereof; or (4) protect against imminent harm to the rights, property or safety of DivX, its visitors and/or the public.
Display your username and, if you so indicate, your name, publicly on our online community forums. Be aware that any content (including video content) you choose to upload or publish to our web sites (including messages in online discussion forms) may be made public as well. So mind your manners.
Transfer or assign all information we have collected as part of a merger, acquisition, sale, or other change of control of our company. Though we're no different than any other company, we'd like you to recognize and understand that in the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is secured, used and/or disclosed (can you tell our lawyers work hard?).
That's really all there is to it. That's not so bad, is it? The rest of this document explains to you the data security measures we take and the risks you accept, and tells you how to correct or update your information.
If you've kept reading, you should know that, to protect your privacy and the security of your personally identifiable information, we take commercially reasonable steps (yes, that's another legal standard), including by:
Requiring a unique password, to verify your identity before granting you access to your account information, including to make corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Internally reviewing our data collection, storage and processing practices and security measures, as well as physical security measures, to guard against unauthorized access to systems where we store personal data.
Encrypting your address, credit card number, social security number and/or tax identification number once it is transmitted to us and always storing such information in an encrypted form.
We also always restrict access to personal information to DivX employees, contractors and agents, and other third-parties who need to know that information in order to operate, develop or improve our web site and services. These individuals or parties are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Despite all of these measures, please understand that we are a web-based service. We cannot, and do not, ensure or warrant (more legal terms) the security of any information you provide to us; if that makes you too nervous, please do not use our web site. We'll be sad, but we're ok with that.
If you haven't noticed, we have ads on our web site. Most of these ads are delivered by our service providers. Nearly all of these providers require that we warn you about them, so take note: This privacy policy does not apply to third parties who serve ads to us, and we cannot control their conduct. We will not, however, ask these third-parties for personally identifiable information about you as a way to get around this policy, nor will we provide any personally identifiable information to these third party companies without your consent. Still, when these third party companies send various advertisements and links directly to your browser, they gain access to your IP address. They may also use other technologies, including cookies, that determine whether their ads have been effective and/or to better target the ads you see. We encourage you to read these third parties' privacy policies to better understand their access to and/or use of your personal information.
Okay, not really. We actually like children (but not those lousy cute puppies we hate them SO MUCH). But suffice it to say, none of our web sites or services are designed for children under the age of thirteen (13) and we do not knowingly collect or maintain personal information from children under the age of thirteen (13). If you are such a person, do not use our web sites or services and do not give us any of your personal information. If we find that you are using our web sites or services anyway, we will delete your account and information and bar you from accessing the web site in the future. Sorry to do this, but we have to legally. Come back when you turn 13, get your parents' consent, and then we'll talk.
Our web sites and services are hosted in the United States and are ultimately governed by U.S. law. If you live outside the U.S. in an area with laws or regulations governing the collection, use, and disclosure of personal data that differ from United States laws and you give us personal data as part of using our web sites and services, please understand that through your continued use of the web site, you are transferring your personal information to the United States and you consent to that transfer.
We've been straight with you so far, and we ask that you are straight with us as well. For that reason, and because otherwise we may not be able to provide certain services to you and/or some of the web site's features may not function properly, you should ensure that the information you've provided is up to date.
If you are a Windows user, you may change your email address using the DivX Player by choosing the "User Account" option from the "tools" menu. If you are a Mac user or do not have the DivX player, please send an email to stage6support@divx.com and we will assist you further.
You may change various other information by editing your profile at Edit Profile.
To change other personal information, such as social security number, tax ID, address, or stored credit card information, please send an email to stage6support@divx.com and we will assist you further.
At your request directed to stage6support@divx.com and subject to the terms of any other applicable agreements between you and DivX, We will close your account and remove any personally identifiable information from your profile as soon as reasonably possible, based on your account activity, if any, and in accordance with applicable law. In such an event, while your account information will no longer be accessible to you, We will retain all personally identifiable information reasonably necessary to meet our reporting and auditing obligations, collect any fees owed, detect and prevent fraud or other misconduct, and/or enforce our Terms of Use.
Thanks for reading. If you have any questions about privacy or how your information is used, please contact us at privacy@divx.com.
Hugs and Kisses,
The DivX Team
Last Updated: October 30, 2006