Privacy Policy

Last modified: February 29, 2016

Diverge, Inc. ("Diverge") respects your privacy. This Privacy Policy describes:

the categories of information that Diverge may collect or that you may provide when you access, use, or register an account using the Diverge mobile application ("Mobile App"), website ("Site"), and any other content or services made available to you by Diverge (collectively referred to as the "Services");
how Diverge collects, uses, maintains, protects, and discloses that information; and
your rights and options relating to the above.

This Privacy Policy is incorporated as part of Diverge's Terms of Service ("Terms of Service"). Any capitalized terms used but not defined herein have the meanings assigned to them in the Terms of Service.

"Personal Information" as used herein, means any information collected by Diverge or provided by you that, with reasonable efforts, may be used to identify you, which may include first and last name, home address, e-mail address, your geographical location, IP addresses, and unique device IDs.

Diverge reserves the right to make changes to this Privacy Policy at any time and at Diverge's discretion. If Diverge makes material changes to how Diverge treats users' Personal Information, Diverge will post the new Privacy Policy and notify you the next time you use the Mobile App or Site. The date this Privacy Policy was last revised is identified at the top of this Privacy Policy. You are responsible for periodically visiting this Privacy Policy to check for any changes, and in case Diverge elects to notify you of any changes by e-mail, for ensuring that Diverge has an up-to-date, active, and deliverable e-mail address for you if you have registered a user account with Diverge.

Children Under the Age of Thirteen

The Services are not intended for children under thirteen years of age, and Diverge does not knowingly collect Personal Information from children under thirteen. If Diverge learns that Diverge has collected or received Personal Information from a child under thirteen without verification of parental consent, Diverge will delete that information. If you believe Diverge might have any information from or about a child under thirteen, please contact Diverge using the contact information set forth below.

Information Diverge Collects and How Diverge Collects It

Diverge may collect information from you either directly when you provide information to Diverge, or automatically when you use the Services. You may use the Services with or without registering an account with Diverge. If you do not register an account, your information may still be linked with a unique identifier in accordance with this Privacy Policy.

Information that you may provide directly to Diverge includes:

your name and e-mail address when you register an account;
an optional profile picture for your registered account;
User Content, such as Map Contributions either through your use of the Tracker or the Map Editor; and
feedback, or any other correspondence you send to Diverge.

Information that Diverge may collect automatically through your use of the Services includes:

details of your usage and access to the Services, including traffic data, logs, and other communication data and the resources that you access and use through the Services;
device information about your mobile device, or other device, and internet connection, including your device's unique device identifier, IP address, operating system, browser type, mobile network information, and your device's telephone number, if applicable; and
real-time location information, which may include GPS coordinates and related data such as elevation and heading.

Third-party Information Collection

When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. Those third parties may include advertisers, ad networks, ad servers, your mobile device manufacturer, and your wireless carrier. Information collected by third parties is governed by their privacy practices. Diverge does not control these third parties' tracking technologies or how they may be used. Diverge encourages you to learn about the privacy practices of those third parties.

How Diverge Uses Your Information

Diverge may use your information, whether collected from or provided by you, for the following purposes:

provide you with the Services;
show you your location on the Map, but only if you have enabled the appropriate settings or permissions on your mobile device;
record your activity to improve the Map and for your own activity tracking purposes, but only if you enable the Tracker;
associate your name and profile with trails or other activity you record with the Tracker;
fulfill any other purpose for which you provide information;
notify you of updates or changes to the Services;
improve the Services by using metadata, statistics, analytics, and location information to improve the Map, keep track of your preferences, and recognize you when you use the Services;
provide support and respond to your feedback;
display or send you marketing and advertising material in accordance with this Privacy Policy;
create aggregated or anonymous data;
conduct surveys and questionnaires;
enforce the Terms of Service or this Privacy Policy;
contact you when necessary;
comply with applicable law and assist law enforcement when Diverge believes that it is legally required to do so;
prevent fraud, misappropriation, infringements, identity theft, and other illegal activities and misuse of the Services;
handle breakdowns and malfunctions;
carry out Diverge's obligations and enforce Diverge's rights under the Terms of Service and this Privacy Policy; and
fulfill other purposes provided under this Privacy Policy or the Terms of Service.

Disclosure of Your Information

Diverge may disclose aggregated or anonymous information about Diverge's users, and information that does not identify you or your devices without restriction.

Diverge may disclose Personal Information that Diverge collects or you provide:

to Diverge's subsidiaries and affiliates;
to contractors, service providers and other third parties Diverge may use to support Diverge's business and who are bound by contractual obligations to keep Personal Information confidential;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Diverge's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Diverge about Diverge's users is among the assets transferred;
to fulfill the purpose for which you provide it;
for any other purpose disclosed by Diverge when you provide the information;
with your consent;
to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
to enforce Diverge's rights arising from any contracts entered into between you and Diverge, including the Terms of Service; and
if Diverge believes disclosure is necessary or appropriate to protect the rights, property, or safety of Diverge, other users of the Services, or others.

Cookies

Diverge may use cookies in providing you the Services. Cookies are small files communicated to the device you use to access the Services. Some cookies may expire when the session ends and you exit your browser. Other cookies are saved on your device. If you wish to block the Services' cookies, you may do so by activating the appropriate setting on your device. However, disabling cookies may complicate or even prevent your use of all or part of the Services.

Controlling Your Information

If you have a registered account, you can review and change your Personal Information by logging into the Services and visiting your account profile page. You may delete your account, and all associated Personal Information by contacting Diverge using the contact information given below. You may opt-out at any time from having your name and profile associated with any trail or other activity by enabling or disabling the appropriate setting in the Services.

If you do not want Diverge to automatically collect your location information, you may opt out at any time by changing the appropriate settings or permissions on your mobile device, or other device. Opting out of Diverge's collection of location information will cause any location-based features to be disabled, including for example, the ability to locate yourself on the Map and use the Tracker.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of the Services that are California residents to request certain information regarding Diverge's disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail or write Diverge at the contact information provided below.

Data Security

Diverge has implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Diverge uses industry standard practices to store your information on secure servers behind firewalls, including the use of SSL encryption technology. However, information you post or provide for disclosure in public areas of the Services can be viewed by anyone. In addition, the transmission of information via the internet and mobile platforms is not completely secure and Diverge cannot guarantee the security of your Personal Information transmitted through the Services. Any transmission of Personal Information is at your own risk. Diverge is not responsible for the circumvention of any privacy settings or security measures Diverge provides.

Contact Information

To ask questions or comment about this Privacy Policy or Diverge's privacy practices, contact Diverge at:

Diverge, Inc.
PO Box 1041
Menlo Park, CA 94026
E-mail: support@divergemaps.com