Privacy Policy - Divergent Language Solutions

Your Privacy Matters to Us

Updated October 15, 2024

At Divergent, we understand the importance of your privacy and are dedicated to safeguarding your personal information. This Privacy Policy outlines how we collect, use, and protect the personal data you provide when interacting with our website and services. Whether browsing our site, engaging with our services, or exploring career opportunities, we ensure your data is handled carefully and complies with all applicable privacy laws, such as the GDPR and CCPA.

Your trust is our priority, and we are committed to maintaining the security and integrity of your personal information.

Who are we?

Divergent may be a data controller of your personal data (also known as personal information), which means Divergent has control of your personal data and may use it for various purposes, including sending your information to data processors we work with. Alternatively, depending on who you are and our relationship to you, Divergent may be a data processor or sub-processor of your personal data.

Links to Non-Divergent Websites

The Divergent website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Divergent website. Divergent does not control those sites or their privacy practices, which may differ from Divergent’s practices. We do not endorse or make any representations about third-party websites. The personal data you choose to provide to or that is collected by these third parties is not covered by the Divergent Privacy Policy. We encourage you to review the privacy policy of any organization before submitting your personal information.

Your Personal Data

Personal data refers to any information about a living individual who can be identified using that data. The identification may come from the data itself or in combination with other details that the data controller holds or is likely to obtain. The collection, use, and processing of your personal data may be subject to various data privacy laws (“applicable privacy laws), including for European citizens or residents (“EU Personal Data”), the EU General Data Protection Regulation (referred to herein as the “GDPR”), and for California residents, the California Consumer Privacy Act (the “CCPA”), and their implementing regulations.

Collection of Personal Information

To serve you better and understand your needs and interests, Divergent collects, exports, and uses personal information with adequate notice and consent, when applicable. For example, when you order services, request information, subscribe to marketing or support materials, register yourself or apply for a job at Divergent, we will ask you to provide personal information to complete these transactions. The types of personal information you provide to us on these pages may include contact information such as your name, address, telephone number, email address, product and service preferences, contact preferences, educational and employment background, and job interest data.

In addition to the information you provide, Divergent collects information about your interactions with our website, such as browsing behavior, pages visited, and IP addresses. This helps us improve our website’s performance and personalize your experience. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at the Divergent website. With regard to the use of cookies, we use session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Although session cookies are established, they are not capturing any behavioral or personal information, only information that is helpful to the user experience, such as whether the user’s browser has JavaScript capability. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies are being used to switch one-time messages on and off and to record form completion. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited. The use of cookies by outside companies is not covered by our privacy policy. We do not have access or control over these cookies. Outside companies use session ID cookies to make it easier for you to navigate our site, in order for you to use the Divergent e-commerce. Cookies, as well as the other tools listed above, may also collect information about your Internet Protocol (IP) address, clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Divergent websites) and product information. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers use IP addresses to communicate on the Internet, allowing users to browse and shop. Divergent may also use automatic data collection tools in connection with certain emails sent from Divergent and therefore may collect information using these tools when you open the email or click on a link contained in the email.

Our website also includes social media features, such as the Facebook button and widgets like “Share this button” or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing it. Divergent also collects information from commercially available sources that it deems credible. Such information may include your name, address, email address, and demographic data. The information Divergent collects from its commercial sources may be used along with the information Divergent collects when you visit the Divergent websites. For example, Divergent may compare the geographic information acquired from commercial sources with the IP address collected by automatic data collection tools to derive your general geographic area.

On occasion, Divergent may provide you the opportunity to participate in surveys or other interactive campaigns on our website. If you participate, we will request certain personal information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code).

Divergent clients have the choice concerning what Personal Data is accessed, used or retained. In order to conduct business with our clients, it is necessary to maintain contact information and specific billing information, but the extent of the information stored can always be discussed with Divergent. Additionally, if there is a specific concern about the Personal Data found in the information provided (such as source document to be translated, reference material, etc.), we recommend redacting this information prior to sending it to Divergent or discussing alternative solutions with your Divergent representative. In addition, other steps may be taken which may include the forced anonymization of information and limitation of translation efforts to de-identified data only.

How We Use Your Information

Divergent fulfills its GDPR obligations by ensuring personal data is kept current, securely stored, and properly disposed of. Divergent avoids gathering or retaining unnecessary data, safeguards personal information against loss, misuse, unauthorized access, and disclosure, and implements appropriate technical measures to protect the data.

The information Divergent collects to understand your needs and interests helps Divergent deliver a consistent and personalized experience. For example, Divergent may use your information to:

assist you in completing a transaction or order
communicate with you about products and services
provide service and support
administer your account
update you on new services and benefits
provide personalized promotional offers
select content to be communicated to you
send you a newsletter
personalize some Divergent websites
allow you to participate in contests and surveys
contact you for market research regarding Divergent products or services, or
for other purposes disclosed to you at the time we collect your information, or pursuant to your consent.

We will give you the opportunity to choose your privacy preferences regarding the communications we send.

What is the legal basis for processing your personal data?

We process your personal information based on several legal grounds, including the following:

it is necessary to comply with our legal obligations
it is required for fulfilling a contract
it is essential for our legitimate business interests such as engaging with clients to meet obligations and/or for record-keeping
it is necessary for establishing, exercising, or defending legal claims
it is based on your consent

How We Share Your Information

Divergent will not sell, rent, or lease your personal information to others except as described in this Privacy Policy. Divergent shares personal information in the following ways:

Divergent retains service providers and suppliers to deliver complete products, services, and customer solutions and to assist Divergent with marketing and communication initiatives. We work with trusted third-party service providers to help deliver our services, such as payment processing and marketing support. These providers are required to keep your data secure and use it only as directed. Suppliers and service providers are required by contract to keep confidential the information received on behalf of Divergent and may not use it for any purpose other than to carry out the services they are performing for Divergent.
From time to time, Divergent participates in marketing initiatives with other companies. As part of these initiatives, certain Divergent services and marketing communications are delivered at the same time as those from other companies. Some of these services and communications offer you the option to share personal information with both Divergent and the other companies participating in these initiatives. For example, you may receive marketing communications from Divergent and other companies or have the opportunity to register online for products from multiple companies. If you choose to provide personal information only to Divergent, Divergent will not share this information with the other companies participating in that marketing initiative. If you choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies.
Except as described in this Statement, Divergent will not share the personal information you provide to Divergent with non-Divergent third parties without your permission, except to: (i) respond to duly authorized information requests of police and governmental authorities, (ii) comply with any law, regulation, subpoena, or court order, (iii) help prevent fraud or to enforce or protect the rights and properties of Divergent or its subsidiaries, (iv) protect the personal safety of Divergent employees and third parties on Divergent property, or (v) when we believe in good faith that disclosure is necessary to protect your safety or the safety of others.
Divergent leverages a network of hundreds of tested and fully vetted freelance vendors to assist in delivering language services. They may receive, as part of the assignment, the name of the client whose project they are working on but no Personal Data about that client, unless such contact information is needed to perform the assignment (such as the cases of onsite interpretation projects, onsite document review, etc.). These freelance vendors may also have access to any Personal Data within the source documents and reference material shared with them for completion of their assignment. However, in all cases, the freelance vendors are subject to confidentiality undertakings in which such freelance vendors undertake to keep such information confidential and only use such information in accordance with their projects.
Circumstances may arise where, whether for strategic or other business reasons, Divergent decides to sell, buy, merge, or otherwise reorganize operations in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Divergent practice to seek appropriate protection for information in these types of transactions.

Data Retention

Divergent will retain your information for as long as your account is active or as needed to provide you services. If you wish to request that we no longer use your information to provide you services, please contact us using the Contact Information provided in the last paragraph of this Privacy Policy. We will retain and use your information as necessary to provide agreed services, comply with our legal obligations, resolve disputes, and enforce our agreements.

Privacy Preferences

Divergent gives you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product-specific and service-specific information and also choose to receive Divergent general communications. We give you a choice regarding delivery of Divergent general communications by postal mail, email and telephone.

You can make or change your choices about receiving either subscription or general communications at the data collection point or by using other methods, which are listed in the following sections. This option does not apply to communications primarily for the purpose of administering order completion, contracts, support, or other administrative and transactional notices as the primary purpose of these communications is not promotional in nature.

The email communications that you receive from Divergent will be provided in accordance with this Privacy Policy. Some email communications may utilize automatic data collection tools.

Subscription communications include email newsletters. that may be expressly requested by you or which you consented to receive. After you request such communications, you may opt out of receiving them by using one of the following methods:

You can manage your communication preferences or opt out of marketing communications by following the unsubscribe button or contacting us directly at dpo@divergentls.com.
Return to the web page(s) where you originally registered your preferences and follow the opt-out instructions.
Write to Divergent at dpo@divergentls.com. Be sure to provide your name, email and postal address, and specific relevant information about Divergent subscriptions that you no longer wish to receive.

Please be aware that when you opt out of receiving certain communications, it may affect the services you have chosen to receive from Divergent where accepting the communications is a condition of receiving the services.

Access to Your Information

Divergent strives to keep your personal information accurately recorded. We have implemented technology, management processes, and policies to help maintain data accuracy. Divergent provides individuals with reasonable access to personal information that they provided to Divergent and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access to your data. To view and change the personal information that you directly provided to Divergent, contact Divergent.

Depending on your country and/or state of residence, as well as our relationship to you, you may have the following rights with respect to your personal data:

The right to request a copy of your personal data which Divergent holds about you (for European or United Kingdom residents)

The right to know the categories and purposes of personal data that we collect about you (for California residents)

The right to request that Divergent corrects any personal data if it is found to be inaccurate or out of date (for European or United Kingdom residents)

The right to request your personal data is erased where it is no longer legally necessary for Divergent to retain such data (for European, United Kingdom and California residents). If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws.

The right to withdraw your consent to the processing at any time (for European or United Kingdom residents)

The right to request that Divergent provide you, as the data subject, with your personal data and where possible, to transmit that data directly to another data controller (for European, United Kingdom or California residents)

The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing (for European or United Kingdom residents)

The right to lodge a complaint with governmental agencies or Data Protection Authorities as provided for in the GDPR (for European or United Kingdom residents).

Notice – Divergent treats all material sent to us from our clients, vendors, and employees as confidential in accordance with its current confidentiality undertakings with said entities. Confidentiality provisions are required as part of all of our contracts with all of our clients vendors and employees; each separate entity must sign a confidentiality agreement prior to becoming affiliated or working with Divergent.

To exercise your rights to data rectification, deletion, portability, access, restricted processing, to opt out of Divergent’s processing of your personal data, or to report a security concern, please email us at dpo@divergentls.com.

Keeping Your Personal Information Secure

Divergent takes seriously the trust you place in us. The security of your personal information is important to us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Divergent utilizes appropriate physical, technical, and administrative procedures to safeguard the information we collect from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage both on-line and off-line. The data is encrypted when in transit and at rest and all third party systems used by Divergent are vetted organizations with industry leading security. However, no method of transmission over the Internet, or method of electronic storage, is capable of being rendered perfectly secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us as described in the last paragraph of this Privacy Policy.

We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive information such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see the symbol of either an unbroken key or a closed lock (depending on your browser) at the top or bottom of your browser window.

The personal information collected when you pay for services by credit card is kept for the purposes of tracking your order and to provide a receipt of the transaction, and as covered in the above section, this information is protected in by the methods described in the above paragraph, and further, this information is stored on an encrypted, secure server managed by a third-party commercial credit card processing institution.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

Data Aggregation and Analysis

By providing data to Divergent, you agree Divergent may use the data to build analytic models to support Divergent’s mission, products, and services. Before including your data into our proprietary data models, we will use commercially reasonable methods to de-identify your data to allow Divergent to use the data in a manner that neither identifies nor provides a reasonable basis to identify you or any other individual. Notwithstanding the foregoing, you acknowledge and agree that Divergent shall be permitted to use all such data for the purpose of analyzing patterns, trends, and other statistical data derived from your data to provide, operate, maintain, and otherwise improve Divergent’s mission, products, and services, and you grant Divergent a license to your data to fulfill these purposes. Any such use of your data by Divergent will be subject to the confidentiality and security provisions of this agreement. Divergent will not disclose its analysis based on your data unless the data has been stripped of any information that could identify you.

Changes to Privacy Policy

If Divergent changes its privacy policy, Divergent will post the revised policy here, with an updated revision date. If we make significant changes to our policy, we may also notify you by other means, such as sending an email or posting a notice on our home page.

Contacting Us

We value your opinions. If you have comments or questions about our privacy statement, please send them to Divergent or write to us at either of the following addresses:

600 California Street, 11th Floor
San Francisco, CA 94108
415.400.4538
dpo@DivergentLS.com