Privacy Policy

PRIVACY POLICY

Overview

This Privacy Policy covers Media Direct Inc. dba DigDev Direct’s (“the COMPANY”) treatment of personally identifiable information that is collected when the subscribers agree to receive electronic communication from the COMPANY or one of the COMPANY’s affiliates. Such communication includes e-mail advertising messages, SMS, MMS, WAP Push or other similar remote messaging services to your Telephone, Mobile Device and Email Address.

This type of agreement on behalf of a subscriber constitutes a permission-based opt-in.

The COMPANY believes in 100% permission-based marketing adheres to the three (3) basic types of compliance defined in the CAN-SPAM Act of 2003:

  1. Unsubscribe
  2. Content
  3. Sending behavior compliance.

Additional information on the CAN-SPAM of 2003 can be found here.

Opting In:

In order for a subscriber to be considered opted-in he/she must agree to provide their email address and mandatory personal information to Media Direct Inc. dba DigDev Direct or its data partners, including first name, name, postal address and telephone number. Depending on the opt-in source, the subscriber might have the ability to provide additional information such as age, income, gender and other types of demographic and psychographic information. This information is optional.

Subscribers are sent a confirmation email upon opting in to verify that they in fact intended to provide their information and consent to receive advertisements and in the event that they opted in erroneously, they are given the opportunity to opt out. This confirmation email also informs them that as part of the validation and enhancement process (described below), they might receive follow up surveys to gather additional optional information.

After the initial opt-in, the consumer record goes through a series of validation and enhancement processes before being added into COMPANY’s final permission based database.

1. Record must be confirmed by a minimum of two (2) additional sources – in the event that the subscriber record has not been seen before, it is set aside for future confirmation

2. Record is scrubbed for hygiene

  • a. Postal Information goes thru the NCOA, DPV and CASS Certification Process, licensed by AccuZip
  • b. Matched against COMPANY and Partner bounce files
  • c. Matched against COMPANY and Partner Do Not Mail (unsub) files
  • d. Matched against DMA Do Not Mail, Deceased and Prison files

Opting Out:

A consumer may unsubscribe from any of our permission based marketing programs at any time. Each email communication sent from the COMPANY contains two ways a consumer can opt out of receiving future communication from COMPANY: opt out link or physical mailing address of list owner or advertiser. While the CAN-SPAM Act allows for ten (10) days to be removed from a mailing list once an opt out request is made, all subscribers that opt out utilizing the hyperlink provided are immediately removed from COMPANY’s email database. By opting out, the consumers email address is added to our master unsubscribe file, preventing their email from being used in future mailings, regardless if their email record is obtained in the future from a different email data partner or affiliate. Lastly, all clients have the option to include their own opt out link and mailing address within each email deployment.

Sources of Opt-in Data

This Privacy Policy also applies to consumers that have agreed to receive electronic communication from the COMPANY, whether at the COMPANY’s website, via e-mail, via third party partner websites or otherwise.

Subscribers consent for:

COMPANY (and/or our affiliate partners) to send to them at the Telephone Number (landline), SMS and E-Mail addresses provided in the signup process, and from time to time via other methods, content, offers and/or “alerts” via Telemarketing, SMS and/or MMS, WAP Push or other similar remote messaging service and email advertisement messages (also referred to collectively as “electronic messages”) to their cell phone, mobile device, or other computing device;

Copy Delivery and Approval. Advertiser must deliver to DigDev Direct , (“DigDev Direct “) the content of the advertisement Advertiser is contracting DigDev Direct to broadcast (the “Copy”) no less than three (3) days prior to the desired email broadcast date. All Copy shall be subject to DigDev Direct ‘s approval. DigDev Direct reserves the right to reject any Copy that advertises or promotes any product or service involving illegal activity, illegal products, illegal product paraphernalia, sexual paraphernalia, adult films or other media, gambling, weapons, illicit activities, chain letters, pyramid fund raising, or similar types of material. By reserving this right, DigDev Direct shall not be legally obligated for any failure to advise Advertiser of the nature of any such Copy. Further, no Pop Up’s or Pop Unders may be launched by Advertiser form any hypertext link or URL, which emanates from any Copy.

COMPANY (and/or our affiliate partners) to use third parties to send them advertisements and content (including but not limited to alerts) via electronic messages, telemarketing or email

COMPANY (and/or our affiliate partners) to obtain, store, and analyze their name, address, telephone number, SMS address, e-mail address, and other data provided to COMPANY (and/or our affiliate partners) from time to time in the course of COMPANY (and/or our affiliate partners) providing services including, but not limited to, content selections, clickstream, and transaction history (all such data referred to herein as “profile data”) and to use the above “profile data” to send targeted advertising electronic messages or for third party market research, data enhancement and hygiene.

COMPANY collects information from individuals when an individual provides information to a third party and COMPANY subsequently purchases, licenses, or otherwise acquires the information from the third party. Such purchased information may include, but is not limited to, an individual’s name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date and gender. When COMPANY purchases and manages e-mail lists generated by third parties, COMPANY seeks assurances that such third parties follow the same guidelines on consumer privacy as the COMPANY

COMPANY currently uses cookie and to associate certain Internet-related information about an individual with information about the individual in our database.

  • A cookie is a small amount of data stored on the hard drive of the individual’s computer that allows COMPANY to identify the individual with his or her corresponding data that resides in COMPANY’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Websites need to accept cookies in order to use all of the features and functionality of the Websites.

Additionally, the COMPANY purchases and manages e-mail lists generated by trusted partners who follow the same guidelines on consumer privacy as the COMPANY. Users may remove themselves from a specific mailing list by utilizing the unsubscribe options that are present and available at the end of each piece of e-mail that the COMPANY sends.

The COMPANY reserves the right to provide aggregate or group data about the COMPANY’s users for lawful purposes.

The COMPANY also reserves the right to release current or past User information in the event that the COMPANY believes that the User is using, or has used, Services of the COMPANY in violation of the terms and conditions, to commit unlawful acts, if the information is subpoenaed, if the COMPANY is sold or acquired, or when the COMPANY deems it necessary or appropriate. By agreeing to these terms, the consumer hereby consents to the disclosure of any record or communication to any third party when the COMPANY, in its sole discretion, determines the disclosure to be appropriate. The COMPANY does not collect credit card numbers, bank information or social security numbers. Furthermore, the COMPANY does not market gambling and pornographic offers of any kind.

The following is a partial list of the kind of content that is illegal or prohibited on the site. COMPANY will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the services of such violators. It includes content that: is blatantly offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You must use the COMPANY service in a manner consistent with any and all applicable laws and regulations.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the COMPANY Site or services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to COMPANY by our users or third parties.

Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including “fair use”. Without limiting the foregoing, if you believe that your work has been copied and posted on the COMPANY service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site or in our electronic messages including if feasible the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The COMPANY does not endorse, nor is responsible for the accuracy of, the privacy policies and/or terms and conditions of each of the advertisers and/or third parties accessible through the COMPANY’s website.

Client shall indemnify, defend, and hold harmless DigDev Direct from and against any and all third party claims, suits, and liabilities (including all reasonable costs, expenses, and attorneys’ fees actually paid) arising from or in connection with: (a) the products and/or services offered/advertised on the Client Website; (b) the content of the Copy; (c) the content of the Client website; or (d) Client’s breach of any of its obligations, representations, or warranties under this Agreement. DigDev Direct shall promptly notify Client in writing of all such claims and shall accommodate Client’s reasonable requests for cooperation and information. DigDev Direct shall agree to Client’s sole control over the defense and any settlement of such claims.

By using this site, including, without limitation, signing up for offers and/or continuing to receive information from the COMPANY, consumers agree to the COMPANY Privacy Policy. The COMPANY reserves the right, at our discretion, to change, modify, add, and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the COMPANY’s website. Please check this page periodically for changes. The consumer’s continued use of the COMPANY’s website or acceptance of our emails following the posting of changes to these terms will mean that you accept these changes and agree to continue receiving emails from us.

TERMS & CONDITIONS

  1. Definitions.

(a) “Acquisition” has the meaning set forth on the Invoice.

(b) “Agreement” shall mean these Terms and Conditions together with the Invoice.

(c) “Client” has the meaning set forth on the Invoice.

(d) “Client Website” means the Internet page at the URL provided by Client to DigDev Direct for inclusion in the Copy.

(e) “Confidential Information” means any non-public information provided by one party to the other during the Term. For purposes of this Agreement, Confidential Information shall not include information the receiving party can document: (i) was or has become readily available to the public without restriction through no fault of the receiving party, its employees, or its agents; (ii) was received without restriction from a third party lawfully entitled to possess and disclose such information; (iii) was rightfully in possession of the receiving party without restriction prior to the other party’s disclosure of such information to the receiving party; or (iv) was disclosed pursuant to the written consent of the other party.

(f) “Copy” means the content of the advertisement that Client provides to DigDev Direct for email broadcast hereunder.

(g) “CPM” means Cost Per Thousand e-mails sent.

(h) “CPC” means Cost Per Click.

(i) “Invoice” means the DigDev Direct invoice signed by Client, and specifically incorporating these Terms and Conditions therein.

(j) “Opt-In Email Recipient” means a person that has consented to receive promotional information about products and services via e-mail by subscribing at an DigDev Direct or an DigDev Direct affiliate Internet website.

(k) “Privacy Header” means a notice to recipients of the Copy that informs the recipient: (i) of the location of such recipient’s subscription to DigDev Direct’s or DigDev Direct’s affiliate’s opt-in database; and (ii) of an electronic method by which such recipient can unsubscribe from future broadcasts. The Privacy Header shall also include a mechanism by which recipients may electronically communicate to DigDev Direct the desire to unsubscribe.

  1. Term.

This Agreement shall become effective on the date that Client signs the Invoice and, unless otherwise stated on the Invoice, shall continue in effect for six (6) months.

  1. Copy Delivery and Approval.

Copy Delivery and Approval. Advertiser must deliver to DigDev Direct , (“DigDev Direct “) the content of the advertisement Advertiser is contracting DigDev Direct to broadcast (the “Copy”) no less than three (3) days prior to the desired email broadcast date. All Copy shall be subject to DigDev Direct ‘s approval. DigDev Direct reserves the right to reject any Copy that advertises or promotes any product or service involving illegal activity, illegal products, illegal product paraphernalia, sexual paraphernalia, adult films or other media, gambling, weapons, illicit activities, chain letters, pyramid fund raising, or similar types of material. By reserving this right, DigDev Direct shall not be legally obligated for any failure to advise Advertiser of the nature of any such Copy. Further, no Pop Up’s or Pop Unders may be launched by Advertiser form any hypertext link or URL, which emanates from any Copy.

  1. Fulfillment.

DigDev Direct shall deliver an e-mail message to Opt-In Email Recipients on behalf of Client. Such e-mail message shall contain the Copy, including a tracking URL that links to the Client Website, and a Privacy Header. DigDev Direct shall remove recipients that have communicated a desire to unsubscribe from DigDev Direct’s database of Opt-In Email Recipients. Except as otherwise expressly provided in the Invoice, the timing and frequency of the Client broadcasts, as well as the number and selection of the Opt-In Email Recipients that will receive such broadcasts, shall be at DigDev Direct’s sole discretion.

  1. Tracking and Reporting.

Except as otherwise expressly provided in the Invoice, Client shall provide to DigDev Direct a monthly report, certified by signature of an officer of Client, detailing the number of Acquisitions. Client shall keep, in its usual place of business, books of accounts and other documents relating to its receipt and fulfillment of Acquisitions that may be necessary or proper to conveniently ascertain the amounts payable to DigDev Direct under the terms of this Agreement. Client shall permit an DigDev Direct authorized representative to inspect such books of accounts and other documents during regular business hours upon ten (10) days’ notice from DigDev Direct. Such inspection shall be at DigDev Direct’s sole expense, unless the inspection reveals that the amounts due DigDev Direct exceed the amounts actually reported as due by Client (“Discrepancy”) by five percent (5%) or more, in which case Client shall pay to DigDev Direct the costs of the inspection revealing the Discrepancy. For any Discrepancy, Client shall pay to DigDev Direct the full amount of the underpayment, together with interest thereon at the rate of eighteen percent (18%) per annum.

  1. Unjust Enrichment; Liquidated Damages.

Client agrees that it shall seek to benefit from the Client broadcast only: (a) to increase exposure of the Client Website, the products and/or services advertised in the Copy, and Client’s marks; and (b) to generate Acquisitions. Accordingly, Client warrants that during the Term of this Agreement, the Client Website shall not contain popup windows, banner or other advertisements, sweepstakes registration boxes, newsletter subscription boxes, phone numbers, hyperlink(s) to a web page containing any of the foregoing, or any other method of gathering e-mail addresses or generating sales (that do not qualify as Acquisitions hereunder) from recipients of the Client broadcast. Client agrees that should Client breach this warranty, DigDev Direct may, in its sole discretion, impose liquidated damages on Client in the amount of twenty-four cents ($.24), or if less, DigDev Direct’s then current undiscounted broadcast rate for each Opt-In Email Recipient to which DigDev Direct broadcasts under this Agreement. Such liquidated damages shall be instead of any fees payable under this Agreement.

  1. Maintenance of the Client Website.

Client shall make a good faith effort to ensure the Client Website remains fully operational and accessible to recipients of the Client broadcasts during the Term of this Agreement. Further, during the Term of this Agreement, Client shall make no changes to the Client Website or to the products and services offered on the Client Website that would likely result in a reduction of compensation payable to DigDev Direct hereunder without DigDev Direct’s express prior written consent.

  1. Hardware, Software, and Database.

DigDev Direct shall obtain and maintain the computer hardware and software necessary to perform its obligations under this Agreement. Such hardware and software will not be dedicated hardware and software. Nothing in this Agreement shall grant to Client any right, title, or interest in or to DigDev Direct’s hardware, software, or Opt-In Email Recipient database.

  1. Payment.

Client shall pay to DigDev Direct a fee as set forth in the Invoice. Unless otherwise specified in the Invoice, Client shall pay each invoice in full within thirty (30) days of receipt. If Client fails to timely pay the full amount of the charges detailed in any DigDev Direct invoice as set forth herein, Client agrees to pay all of DigDev Direct’s costs of collection of such charges, including without limitation DigDev Direct’s reasonable attorneys’ fees, and Client agrees to pay interest on the amount of underpayment/nonpayment at the rate of eighteen percent (18%) per annum.

  1. Indemnification by Client.

Client shall indemnify, defend, and hold harmless DigDev Direct from and against any and all third party claims, suits, and liabilities (including all reasonable costs, expenses, and attorneys’ fees actually paid) arising from or in connection with: (a) the products and/or services offered/advertised on the Client Website; (b) the content of the Copy; (c) the content of the Client website; or (d) Client’s breach of any of its obligations, representations, or warranties under this Agreement. DigDev Direct shall promptly notify Client in writing of all such claims and shall accommodate Client’s reasonable requests for cooperation and information. DigDev Direct shall agree to Client’s sole control over the defense and any settlement of such claims.

  1. Indemnification by DigDev Direct.

Except for claims indemnified by Client pursuant to Section 10 above, DigDev Direct shall indemnify, defend, and hold harmless Client from and against any and all third party claims, suits, or liabilities (including all reasonable costs, expenses, and attorneys’ fees actually paid) arising from or in connection with: (a) DigDev Direct’s fulfillment of the Client broadcasts; or (b) DigDev Direct’s breach of any of its obligations, representations, or warranties under this Agreement. Client shall promptly notify DigDev Direct in writing of all such claims and shall accommodate DigDev Direct’s reasonable requests for cooperation and information. Client shall agree to DigDev Direct’s sole control over the defense and any settlement of such claims.

  1. No Other Warranties.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DigDev Direct MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE EMAIL BROADCASTS. DigDev Direct DISCLAIMS ANY WARRANTIES THAT COULD BE IMPLIED IN CONTRACT, IN LAW, OR IN EQUITY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR PERFORMANCE, OR ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

  1. Limitation of Liability.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE LOSS, DAMAGE, OR EXPENSE (INCLUDING LOST PROFITS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. EXCEPT FOR LIQUIDATED DAMAGES UNDER SECTION 6 AND INTEREST OR COLLECTION COSTS UNDER SECTION 9 OF THESE TERMS AND CONDITIONS, THE LIMIT OF EITHER PARTY’S LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THIS AGREEMENT SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAYABLE TO DigDev Direct UNDER THIS AGREEMENT.

  1. Force Majeure.

Neither party shall be liable for delays or nonperformance of this Agreement if such delay or nonperformance was caused by: (a) act of God, act of war, strike, fire, natural disaster, or accident; (b) lack of availability of materials, fuel, or utilities; or (c) any other cause beyond such party’s control.

  1. Assignment.

Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.

  1. Relation of the Parties.

The parties are independent contractors. There is no partnership, agency, or joint venture relationship between them.

  1. Confidentiality.

For a period of three (3) years, beginning on the date client signs the Invoice, each party will keep strictly confidential all Confidential Information disclosed by the other party, except to the extent an applicable governmental law, order, decree, regulation, rule, or process requires disclosure. In the event of such required disclosure, the receiving party shall provide written notice thereof to the disclosing party as soon as reasonably possible, and shall reasonably cooperate with the disclosing party in resisting the disclosure of or obtaining confidential treatment for such Confidential Information.

  1. Applicable Law, Jurisdiction, and Venue.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to principles of conflict of laws. The exclusive jurisdiction and venue for any proceeding brought pursuant to this Agreement shall be Broward County, Florida.

  1. Entire Agreement.

Except as expressly modified or supplemented by a writing executed by both parties on or after Client signs the Invoice, the provisions of these Terms and Conditions and the Invoice are the only representations, warranties, and understandings between the parties with respect to the products and/or services described in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right or of any subsequent breach or default.

  1. Severability.

Should any provision of this Agreement be found invalid or unenforceable, all such provisions are to be enforced to the maximum extent permitted by law, and beyond such extent shall be deemed severed from this Agreement without affecting the validity or enforceability of any other provision.

  1. Headings.

The headings and captions in these Terms and Conditions are for convenience only and are not to be used to construe the meaning of the provisions of these Terms and Conditions.