1. Introduction
Thank you for visiting Diesel Performance Shop. We are an US-based company, creating products to enhance your website-building experience. Please read our Terms and Conditions and this Privacy Policy, providing consent to both documents in order to have permission to use our services.
2. Definitions
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of each. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
- “Agreement” refers to these Terms of Service.
- “Site” refers to our website, https://ivandiesel.com.
- “Service” refers to the services that we provide, including our Avada Website Builder, its updates, prebuilt content platforms, and our Site itself.
- “Diesel Performance Shop” refers to our company, known as “Diesel Performance Shop”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used.
- “User” refers to anyone who uses our Service, including general visitors to our Site.
- “You” refers to you, the person who is entering into this Agreement with Diesel Performance Shop.
3. Data Collected
Data Storage Location
We are an US based company and operate web servers hosted in the US exclusively. Our hosting provider WPEngine adheres to the EU/US “Privacy Shield”, ensuring that your data is securely stored and GDPR compliant. For more information on WPEngine’s privacy policy, please see here: WPEngine Privacy Policy.
Registration Data
If you register on our website, we store your chosen username and your email address and any additional personal information added to your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit this information.
Purchase Data
Click edit button to change this text. To receive product support, you have to register one or more Envato purchase codes on our site. These purchase codes will be stored together with support expiration dates and your user data. This is required for us to provide you with downloads, product support and other customer services.
Support Data
If you have registered on our site and have a valid support account, you can submit support tickets for assistance. Support form submissions are sent to our third party HelpScout ticketing system. Only the data you explicitly provided is sent, and you are asked for consent, each time you want to create a new support ticket. HelpScout adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: HelpScout Privacy Policy.
Comments
When you leave comments on the site we collect the data shown in the comments form, and also the IP address and browser user agent string.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: Automattic Privacy Policy. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Contact Form
Information submitted through the contact form on our site is sent to our company email, hosted by Gmail. Google adheres to the EU/US “Privacy Shield” policy and you can find more information about this here: Google Privacy Policy.
These submissions are only kept for customer service purposes they are never used for marketing purposes or shared with third parties.
Google Analytics
We use Google Analytics on our site for anonymous reporting of site usage. So, no personalized data is stored. For more information, please see next section.
4. Website Analytics (Google Analytics)
This website uses Google Analytics as website analytics service, which is operated by Google Inc. (600 Amphitheatre Parkway, Mountain View, CA 94043, USA).
In order to analyze your use of this website, Google Analytics uses cookies. For more information about cookies in general, please see the Cookies section of this Privacy Policy. The information generated by these cookies is usually sent to Google servers in the USA and is also stored there. We, the operator of this website, have a legitimate interest in analyzing user behavior to be able to optimize both, the user experience when surfing the website and also advertising on it. That means that the usage of Google Analytics cookies is in accordance with on Art. 6 (1) (f) of EU’s GDPR.
This website also uses the demographic features of Google Analytics, which allow obtaining reports about the average age, gender, and interests of the website visitors. The data is constructed from interest-based advertising from Google and third-party visitor data and cannot be attributed to any specific individual person. This feature is not specific to this website and can thus be disabled on your individual Google account, or by opting out of Google Analytics tracking on this site, as explained below.
For more information about how Google Analytics handles user data, see Google’s privacy policy.
Since we value your privacy, we have taken precautious measures regarding the data sent to Google Inc., as can be seen below.
Data Processing Agreement
We have entered into an agreement with Google Inc. regarding the processing of outsourced data a, which ensures the implementation of the requirements of US, EU and other data protection authorities when using Google Analytics.
IP Anonymization
We use Google’s IP anonymization feature on this website. Thus, Analytics anonymizes the address as soon as technically feasible at the earliest possible stage of the collection network.
The IP anonymization/masking takes place as soon as data is received by the Analytics Collection Network, before any storage or processing takes place, guaranteeing that the full IP address is never written to disk in this case.
The IP anonymization feature in Analytics sets the last octet of IPv4 user IP addresses and the last 80 bits of IPv6 addresses to zeros in memory shortly after being sent to the Analytics Collection Network.
Google uses the masked IPs to evaluate the use of this website, to create reports about website activity and to provide other statistical data.
Opting Out Of Google Analytics
Browser Settings
You generally can prevent storage of the Analytics cookies by selecting the appropriate settings in your browser. This, however, will mean that you won’t be able to experience the full functionality of this website.
Browser Plugin
Google also offers a browser plugin to conveniently prevent data transmission from the Analytics cookies to the Analytics Collection Network. The plugin can be downloaded here: Google Analytics Opt-out.
5. Embedded Content
Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:
The Facebook page plugin is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. See their privacy policy here: Facebook Privacy Policy.
Consent Choice
We provide you with the choice to except this or not, we prompt consent boxes for all embedded content, and no data is transferred before you consented to it. The checkboxes below show you all embeds you have consented to so far. You can opt-out any time by un-checking them and clicking the update button.
6. Cookies
This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.
Necessary Cookies (All Site Visitors) cfduid:
Is used for our CDN CloudFlare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. See more information on privacy here: CloudFlare Privacy Policy.
- PHPSESSID: To identify your unique session on the website.
Necessary Cookies (Additional For Logged In Customers)
- wp-auth: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
- wordpress_logged_in_{hash}: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
- wordpress_test_cookie Used by WordPress to ensure cookies are working correctly.
- wp-settings-[UID]: WordPress sets a few wp-settings-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
- wp-settings-time-{time}-[UID]: WordPress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
Non Mandatory
- privacy_embeds: Saves preference on which embeds you would like to allow during browsing our site. This cookie will only be used, if you decide to opt-in to one or more third party embed services.
7. Who Has Access To Your Data
If you are not a registered client for our site, there is no personal information we can retain or view regarding yourself.
If you are a client with a registered account, your personal information can be accessed by:
- Our system administrators.
- Our supporter team when they (in order to provide support) need to get the information about the customer accounts and access.
8. Third Party Access To Your Data
We don’t share your data with third-parties in a way as to reveal any of your personal information like email, name, etc. The only exceptions to that rule are for partners we have to share limited data with in order to provide the services you expect from us. Please see below:
Envato Pty Ltd
For the purpose of validating and getting your purchase information regarding licenses for the Avada theme, we send your provided tokens and purchase keys to Envato Pty Ltd and use the response from their API to register your validated support data. See the Envato privacy policy here: Envato Privacy Policy.
9. How Long We Retain Your Data
When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation. If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.
10. Security Measures
We use the SSL/HTTPS protocol throughout our site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization. In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.
11. Your Data Rights
General Rights
If you have a registered account on this site or have left comments, you can request an exported file of the personal data we retain, including any additional data you have provided to us.
You can also request that we erase any of the personal data we have stored. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being an active customer (i.e. basic account information like an email address).
If you wish that all of your data is erased, we will no longer be able to offer any support or other product-related services to you.
If you have any questions, want to receive a copy of your stored data or have your data erased, please contact us at info [at] ivandiesel . com
GDPR Rights
Diesel Performance Shop permits residents of the European Union to use its Service. Therefore, it is the intent of Diesel Performance Shop to comply with the European General Data Protection Regulation. For more details please see here: EU GDPR Information Portal.
California Privacy Rights
Diesel Performance Shop permits residents of the State of California to use its Service. Therefore, it is the intent of Diesel Performance Shop to comply with the California Business and Professions Code § 22575-22579.
12. Third Party Websites
Diesel Performance Shop may post links to third party websites on this site. These third party websites are not screened for privacy or security compliance by Diesel Performance Shop, and you release us from any liability for the conduct of these third party websites.
All social media sharing links, either displayed as text links or social media icons do not connect you to any of the associated third parties, unless you explicitly click on them.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Diesel Performance Shop bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.
13. Release Of Your Data For Legal Purposes
At times it may become necessary or desirable to Diesel Performance Shop, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. Any passing on of personal data for legal purposes will only be done in compliance with laws of the country you reside in.
14. Amendments
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our services.