Media Diagnostiks™ Site Privacy Notice Introduction Collection of PII Use (Processing) of PII Disclosure of PII To Third Parites Changes to our Privacy Statement

Media Diagnostiks™ Site Privacy Notice

Introduction

Who we are:

  • Media Diagnostiks Solutions LLC (“ Media Diagnostiks ,” “ we ” or “ us ”) is a U.S.-based company that provides technology support services (“   the Services   ”) to post-production companies and others who need support with video and film post-production projects that use Avid Media Composer® & Adobe® Premiere online video editing software systems. The Media Diagnostiks™ Site (“   the Site   ”) gives you access to our technology support services (“ the Services ”).  

  • Please read this Privacy Statement carefully to understand our policies and practices regarding your information and how we will treat it. By using our Website or otherwise providing information to us, you consent to the data practices described in this Privacy Statement. You also expressly consent to the processing of your information according to this Privacy Statement.  

Personally Identifying Information:

  • Personally Identifying Information (“ Personally Identifying Information ” or “ PII ”) is information that identifies you as an individual or relates to you as an identifiable individual. Personally Identifying Information, may include, but is not limited to, your first and last name, Social Security number, and home address. Under some privacy laws, Personally Identifying Information may include online and device identifiers such as your IP address, usage data such as your browsing history (where you came from to get to the Site), protected classifications such as email address, your gender or sexual orientation, and information about your personal preferences that may be collected through cookies and other tracking devices.  

Capitalized Terms:

  • Unless otherwise noted, capitalized terms in this Privacy Notice have the same meaning that those terms have in our Terms of Use.  

Questions:  

  • For questions about this Privacy Notice, please contact us by email at privacy@mediadiagnostiks.com.  

Changes to this Privacy Notice:

  • We may make changes to this Privacy Notice at any time. If and when we do, we will inform you by posting the revised Privacy Notice here on the Site. You are responsible for periodically visiting the Site and this Privacy Notice to check for any changes. Any changes that are made to this Privacy Notice will apply to both any PII that we hold prior to the effective date of the amended Privacy Notice and any PII that we collect on or after such effective date. Your continued use of the Site after this Privacy Notice has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Notice, as amended  

Collection of PII

Information You Provide Directly to Us:

    • Information that you provide in connection with our services (or potential services), such as name, email address, postal address and phone number.  

    • Information that you provide in connection with Media Diagnostiks’ marketing activities including events, client advisories and seminars.  

    • Information that you provide in connection to “contact us,” including your name, phone number, and email address.  

    • Information that you provide in connection to ordering a particular Service through the tech chat, tech support, and onboarding tabs on the support drop-down menu on the Site, you may need to provide additional PII.  

    • Information that you provide in connection to ordering a technology support plan (a “ Support Plan ”) on the Site, including your name, email address, street address, and credit-card information. All of that PII will be transferred to our third-party payment processor, Stripe ( www.stripe.com ) who will use it to complete your purchase and who will handle it according to its own privacy notice ( https://stripe.com/privacy  ). We will also retain this PII in our own servers  

Information We Collect Automatically:

  • We automatically collect information when you access or use our Website. The types of information we collect may include:  

    • Log information: We collect log information about your use of our Website, including your browser type and language, app version, access times, pages viewed, Internet Protocol ("IP") address, and approximate geographic location.  

    • Device Information: We collect information about the mobile device you use to access our mobile applications, including the hardware model, operating system and version, unique device identifiers and mobile network information.  

    • Online identifiers: Geo location/tracking details, mobile device type and unique mobile device identification numbers, mobile device event information (such as crashes, system activity and hardware settings, browser type, browser language, the date and time of your request and referral URL), browser fingerprint, operating system, browser name and version, and/or personal IP addresses.  

    • Usage data: Authentication data, security questions, click-stream data, public social networking posts, the web pages or sites that you visited just before or just after coming to the Site, searches on the Site, the pages or other content that you view or interact with on the Site, and, each time you visit the Site, the date and time of that visit, as well as information regarding your interaction with email messages that we send you, such as whether you open, click on, or forward a message, data on your interaction with our advertising and your interactions with our partners (conversion data).  

    • Information collected by cookies and other tracking technologies: We and our service providers use various technologies to collect information, including cookies and web beacons (or pixel tags). Cookies are small data files stored on your hard drive or in device memory that help us to, among other things, improve our Website and your experience, see which areas and features of our Website are popular and count visits. Web beacons are clear, electronic images that may be used on our Website or in our emails and help deliver cookies, count visits, understand usage and campaign effectiveness, and determine if an email has been opened and acted upon.  

How cookies work:

  • A cookie is a small data file that a website transfers to a user's hard drive when a user visits a website. A cookie file can contain information such as a unique ID that the site being visited uses to track the pages visited and is a standard method of registering website user preferences. These preferences are stored in a file on your computer's hard disk drive.  

Different Kinds of cookies:

  • Strictly necessary cookies: These cookies are necessary for the Site to function. We cannot switch these cookies off. They are usually only set in response to actions that you take that are, in effect, a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies (see below), but that will cause some parts of the Site to not work. These cookies do not store any PII.  

  • Performance cookies: These cookies collect anonymized information about how you and other visitors use the Site, for instance which pages are viewed most often, and whether you or other visitors receive error messages from certain pages. They help us see how visitors move around the Site. If you disable these cookies, we will not know when you have visited the Site. The Google Analytics cookie collects your IP address.      

  • Advertising cookies: We may use advertising cookies to let you know about products that we think may be of interest to you based on your purchases on the Site, and in some cases, other information about you that we have obtained from other sources. We also may use advertising cookies to prevent the same ad from continuously reappearing to you, understand how you interact with ads that are served to you on the Site and find out if you have opened emails from Media Diagnostiks or clicked on links within such emails. We also may use conversion cookies, which allow us to track conversion on the sites of our advertising partners whose products and services are advertised on the Site.  

  • Third-party site cookies: When you are on the Site, you may be directed and/or linked to other sites. Those third-party sites may use their own cookies. We do not have control over the placement of cookies by those sites, even if you are directed to them from the Site.  

Managing and deleting cookies:

  • Browser cookie settings and consequences: You can set your browser to accept all cookies, to reject cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. Rejecting a cookie, however, may preclude you from using, or may negatively affect the display or function of, the Site or certain areas or features of the Site. To learn more about cookies, including how to enable cookies, change your browser settings and find and delete cookies on your hard drive, please refer to your web browser's help menus or visit www.allaboutcookies.org.

  • If you do not want your data collected with Google Analytics, you can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) running on websites to prohibit sending information to Google Analytics. To opt out of Google Analytics, visit the  Google Analytics opt-out page and install the add-on for your browser. For more details on installing and uninstalling the add-on, please see the relevant help resources for your specific browser. Updates to your browser or operating system may affect the functionality of the opt-out add-on.  

Links to block and delete cookies:

Information We Collect From Other Sources:

  • We may collect information from other sources, such as service providers, vendors, social media sites and advertising agencies.  

  • We do not sell your information to third parties. Data we receive from other sources may be combined with the information you provide us, and may be used or shared for the following purposes stated below.  

Use (Processing) of PII

The Company's Use of Information Collected:

  • The information we collect may be used:  
    • To operate and improve our Website.  
    • To respond to your questions, comments and requests.  
    • To provide the information or services you request and send you related information.  
    • To send you advisories, alerts and updates.  
    • To communicate with you about our services, programming and events, and other information we think will be of interest to you.  
    • To monitor and analyze usage, trends and activities related to our Website.  
    • To notify you about any changes to our Website.  
    • To fulfill or meet the reason you provided the information.  
    • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.  
    • To respond to law enforcement requests and as required by applicable law, court order or governmental regulations  

The Company's Sharing of Information Collected (Categories and Purposes)

  • We may share your information in the following instances:  
    • Service Providers include vendors and suppliers that provide us with technology, services or content for sending email, analyzing the operation of the Site, analyzing data generated by user activity, research, advertising, and customer service. These Service Providers’ access to your PII is limited to the information reasonably necessary to perform their limited functions. If a Service Provider obtains access to your PII in the course of providing services, its use of your PII will be governed by its own privacy notice.  
      Our current Service Providers and the current links to their privacy notices are:      


    • Advertising partners.        We may provide your PII and information collected about your visits over time and across the Site and multiple devices and other websites with our advertising partners in order to serve targeted advertising to you. For more information on targeted advertising and how to manage your preferences, see        Managing and deleting cookies above.  
    • With Software/IT service providers we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.  
    • When we believe sharing is necessary to protect our rights, preserve safety, investigate fraud or other wrongdoing.  
    • When required by law, which includes complying with any court order, law or process, including responding to a government or regulatory request.  
    • To enforce or apply our agreements, including for billing or collection purposes; and  
    • For any other purpose disclosed by us: ,when you provide the information.  
    • Apart from the categories and purposes listed above, Media Diagnostiks will not share your information with other third parties for their independent use without your permission  

Disclosure of PII To Third Parites

Disclosure of The Company's Sharing of Information Collected (Third Party)

  • Media Diagnostiks may disclose your PII to protect the safety, rights, or property of the public, any person, or us; to investigate, prevent, or otherwise address suspected fraud, harassment or other violations of any law, rule or regulation or our Terms of Use; to detect, prevent or otherwise address security or technical issues; or as we believe is required by law, regulation, or legal process.  

  • Change of control.        If we engage in a merger, acquisition, disposition, change of control, bankruptcy, dissolution, reorganization, or similar transaction or proceeding, or otherwise transfer the operations of the Site that relates to your PII, we will transfer your PII to the successor entity.  

  • Disclosure under the CCPA. The Site is not currently subject to the California Consumer Privacy Act (“   CCPA   ”). If and when the Site does become subject to the CCPA, we will revise the Site, this Privacy Notice, and our associated operations to meet the CCPA’s requirements.  

  • Disclosure under Nevada law. If you are a Nevada resident, you may direct us not to sell certain PII to third parties for resale or licensing purposes by sending an email to privacy@mediadiagnostiks.com with the subject line, “Nevada Do Not Sell Request, along with your first and last name and ZIP code and a statement that you are a current or former member of Media Diagnostiks so that we can match your user information to your User Account.  

  • We will not sell, share or rent the information gathered from the sources listed above to others in ways that are different from what is disclosed in this Privacy Statement. Information is only used for the purposes set forth above and for no other purposes.  

Storage of Information

  • We store PII and other information that we collect through the Site on our own servers and/or on servers operated by third parties. Currently, these third-party servers are located in Belgium. If, in the future, we begin to use servers that are located in other countries or in other jurisdictions, we will update this Privacy Notice.  

  • You consent to have your PII and other information that may be collected when you use the Site collected, stored and processed on servers in the United States.  

Retention and Deletion of PII

  • We will keep your account PII, as well as any transaction and communication PII, for as long as you subscribe to a Support Plan.  
  • We will dispose of your PII by deleting it from the Site database.  

Transfer of Information

  • We may transfer information that we collect about you, including PII, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world to process your PII there for the purposes set out in this Privacy Notice and permit our Service Providers to do so.  

  • You acknowledge that any PII that you submit to or through the Site may be available, via the Internet, around the world. We cannot prevent the use or misuse of your PII by others.  

Information Security

  • We will use reasonable administrative, technical and physical security to protect the information we retain and to help ensure that it is used in accordance with this Privacy Statement. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless longer retention is required by law or for auditing purposes.  

  • You can see our hosting provider’s security methods here: https://www.odoo.com/security   

  • The Site may contain links or references to other sites. Please be aware that  we do not control such other sites  and that, in any case,  this Privacy Notice does not apply to those sites    . We encourage you to read the privacy notice of every site you visit.  

Protection of Information

  • You are responsible for maintaining the privacy of any PII that you provide to us and for controlling access to your communications from the Site at all times.  

  • Your PII will be stored in secure third-party data centers. Nevertheless, we cannot (i) ensure or warrant the security of any PII that you transmit when you use the Site or (ii) guarantee that information stored on or transmitted through the Site may not be accessed, disclosed, altered, or destroyed. If any PII under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation, and where appropriate, we will notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.  

Linked Sites

  • Our websites may contain links to other websites. The Company assumes no responsibility for the content, privacy policies or practices of any third-party websites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, or from the content of any third-party website.  

Children's Privacy

  • We do not knowingly collect PII from anyone under 13. If we become aware that a child under 13 has provided us with PII, we will take steps to remove such information and terminate the child's account.      

  • If you are a parent and you become aware that your child has provided us with PII without your consent, please contact us at privacy@mediadiagnostiks.com and we will take steps to remove such information and close the child’s account.      

Changes to our Privacy Statement

  • It is our policy to post any changes we make to our Privacy Statement on this page with a notice that the Privacy Statement has been updated on our website home pages. If we make material changes to how we treat our users' information, we will notify you through a prominent notice on our website home page in addition to any requirements.  

This Privacy Notice was first posted on November 22, 2022. 

Previous Versions: September 1, 2022, and August 26, 2022