Privacy Policy & Terms and Conditions of Use

Your Privacy Rights

Last Updated: October 12, 2009

The Tiffin Company Inc.(TTC), the owner and operator of DivotMat.com respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of any of our websites or our services, the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.

We encourage you to read this Privacy Policy carefully when using any of our websites or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. 

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

Information we collect about you

1. Information you provide. We may collect and store any personal information you enter on any of our websites or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender and age, and other demographic information.
2. Information from other sources. We may also periodically obtain both personal and non-personal information about you from other business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
3. Information about others. We may also collect and store personal information about other people that you provide to us. If you use any of our websites to send other people (friends, relatives, colleagues, etc.) messages through our system (such as an invitation to an event), information that may interest them, or products as a gift, we may store your personal information, and the personal information of each such recipient.

1. Information collected automatically. We automatically collect information from your browser when you visit any of our websites. This information includes your IP address, browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
2. Cookies. When you visit any of our websites, we may assign your computer one or more cookies to facilitate access to our sites and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our sites, such as the web pages you visit, the links you click, and the searches you conduct on our sites. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our websites.
3. Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our sites. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether you have opened the messages and the subsequent action taken by you. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our websites, advertising, content, programming or other activities.
4. Information collected by third-parties. We may allow other IAC companies and third-parties, including our authorized service providers, advertising agencies, and ad networks, to display advertisements, or provide applications and services on our sites. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements or use their applications and services. Our websites do not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and personalized online experiences and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).

How we use the information we collect

1. deliver the products and services that you have requested;
2. manage your account and provide you with customer support;
3. perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
4. communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, other The Tiffin Company Inc. companies or other third parties;
5. develop and display content and advertising tailored to your interests on our sites and other sites;
6. verify your eligibility and deliver prizes in connection with contests and sweepstakes;
7. enforce our terms and conditions;
8. manage our business and
9. perform functions as otherwise described to you at the time of collection.

Financial information. We may use financial information or payment method to process payment for any purchases or sales made on any of our websites, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

Job applicants. If your personal information is submitted through any of our websites when applying for a position with our company, the information will be used solely in connection with considering and acting upon your application. We may retain your personal information for a period of time, but only for the purpose of considering your application for current or future available positions. This information may be shared with our sister TTC companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.

With whom we share your information

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our websites or while using our services.

1. Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our websites' functionality, and supporting contests, sweepstakes, surveys and other features offered through our websites. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
2. Business partners: When you make purchases or engage in promotions offered through any of our websites or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
3. Other TTC businesses. We are part of the TTC family of businesses. We may share information we collect, including personal information, with the TTC companies. Sharing information with our TTC companies enables us to provide you with information about a variety of products and services that might interest you. All TTC companies comply with the TTC Consumer Privacy. Our TTC companies also will comply with applicable privacy and security laws and, at a minimum, in any commercial e-mail they send to you, will give you the opportunity to choose not to receive such e-mail messages in the future.
4. Other Situations. We also may disclose your information:
   1. In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
   2. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our websites' terms and conditions or other agreements or policies.
   3. In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our TTC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our websites and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

Third-party websites

There are a number of places on our websites where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a search result on any of our websites, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting.

How you can access your information

If you have an online account with us, you have the ability to review and update your personal information online by logging into your account . You can also review and update your personal information by contacting us. More information about how to contact us is provided below.

If you have an online account with us, you also may choose to close your account at any time by selecting the delete account option in the "My Settings" section. After you close your account, you will not be able to sign in to that website or access any of your personal information. However, you can open a new account at any time. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our websites or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.

Your choices about collection and use of your information

1. You can choose not to provide us with certain information, but that may negatively impact or totally prevent your use of certain features of our websites because such information may be required in order for you to register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our websites.
2. When your register on any of our websites, you may be given a choice as to whether you want to receive e-mail messages about special offers or with special distributions of content by us. You may modify your choice at any time by changing your settings in your account profile. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party (such as an event provider) before you have changed your preferences or updated your information, you may have to change you preferences directly with that third party.

How we protect your personal information

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.

We want you to feel confident using our websites to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

Submitting Content to our Websites

We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms and Conditions of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.

Children's privacy

Our websites are general audience sites, and we do not knowingly collect personal information from children under the age of 13.

Visiting our websites from outside the United States

This Privacy Policy is intended to cover collection of information on our websites from residents of the United States. If you are visiting any of our websites from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of any of our websites.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending an e-mail to the e-mail address you most recently provided us in your account, profile or registration (unless we do not have such an email address), and/or by prominently posting notice of the changes on our websites. We recommend that you check our websites from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

How to contact us

If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:

The Tiffin Company Inc.
111 Ingalls Street
Santa Cruz, CA 95060
831/423-0537
info@divotmat.com

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TTC & DivotMat.com. The collective work includes works that are licensed to TTC & DivotMat.com. Copyright 2009, TTC & DivotMat.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with TTC & DivotMat.com or purchasing DivotMat and related products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with TTC & DivotMat.com or to purchase TTC & DivotMat.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by TTC & DivotMat.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of The Tiffin Company Inc. DivotMat, DivotSheets, DivotPad, DivotClub used in the site are trademarks or registered trademarks of TTC & DivotMat.com

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TTC & DivotMat.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TTC & DivotMat.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. TTC & DivotMat.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

TTC & DivotMat.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if TTC & DivotMat.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a TTC & DivotMat.com product is mistakenly listed at an incorrect price, TTC & DivotMat.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. TTC & DivotMat.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TTC & DivotMat.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by TTC & DivotMat.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

TTC & DivotMat.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to TTC & DivotMat.com.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of TTC & DivotMat.com products) shall be in the state or federal courts located in Santa Cruz, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of TTC & DivotMat.com products) must be commenced within one (1) year after the claim or cause of action arises. TTC & DivotMat.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TTC & DivotMat.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a TTC & DivotMat.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

TTC & DivotMat.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, TTC & DivotMat.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, TTC & DivotMat.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to TTC & DivotMat.com in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless TTC & DivotMat.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, TTC & DivotMat.com may link to sites operated by third parties. However, even if the third party is affiliated with TTC & DivotMat.com, TTC & DivotMat.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TTC & DivotMat.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TTC & DivotMat.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

© 2009 The Tiffin Company Inc. All rights reserved.