Privacy Policy

Distinct Media, Inc. (the “Company”) owns and operates the Distinct mobile application (“Application”) and the web sites owned or operated by the Company (the “Application and/or Websites”). Company recognizes that its customers, visitors, users, and others who use the Application and Application and/or Websites (collectively or individually “Users”) value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information collected on the Application and/or Application and/or Websites, or in connection with the Application and/or Application and/or Websites and the services and promotions which may be provided on the Application and/or Application and/or Websites. The Company provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Application and/or Application and/or Websites.

This Privacy Policy is incorporated into and is subject to the Company’s Terms of Service. Your use of the Application and/or Application and/or Websites and any personal information you provide on the Application and/or Application and/or Websites or in connection with your use of the Application and/or Application and/or Websites remains subject to the terms of this Privacy Policy and our Terms of Service.

The Information the Company Collects
  • User Provided Information: You provide certain personally identifiable information (“Personal Information”) to the Company when choosing to participate in various activities on the Application and/or Application and/or Websites such as registering as a member of the Application and/or Application and/or Websites, ordering various products, uploading audio or visual content, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists. “Personal Information” includes information such as your first or middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a user of the Website or you have provided this type of information to us. For example, to the extent we offer such services, if you order any of our various products, in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, product selections, your credit card or other payment instrument information, your order number, and information about your computer's internet address and website which may have referred or directed you to the Application and/or Application and/or Websites (e.g., the referring URL). Your social security number, driver’s license number, and credit card or debit card number are classified as "Sensitive Personal Information" and are collected via a secure transmission. We collect Personal Information about you when you visit the Application and/or Application and/or Websites and input information, whether you are registering to use any services, features or functions of the Application and/or Application and/or Websites, participating in promotions, ordering or purchasing products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Application and/or Application and/or Websites, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.
  • Cookies Information: When you visit the Application and/or Websites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. The Company uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Application and/or Websites may not function properly if the ability to accept cookies is disabled.
  • Log File Information: When you use the Application and/or Websites, our servers automatically record certain information that your web browser sends whenever you visit any Application and/or Websites. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
  • Clear GIFs Information: When you use the Application and/or Websites, we may employ “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). The Company does not track visitors to the Website as they access other sites. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by recipients.
  • The Way the Company Uses Information
    If you submit Personal Information to us through the Application and/or Websites, then we use your Personal Information to operate, maintain, and provide to you the features and functionality of the Application and/or Websites.
  • If you purchase any products or services through the website we will use your Personal Information and Sensitive Personal Information to fulfill your purchase.
  • Any Personal Information or content that you voluntarily disclose online becomes publicly available and can be collected and used by others.
  • We do not use your email address or phone number or other Personal Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address and phone number without further consent for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes).
  • We use both your Personal Information and certain non-Personal Information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Application and/or Websites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
  • We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Application and/or Websites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
When the Company Discloses Information
  • We provide Personal Information and non-Personal Information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
  • We do not share your Personal Information (such as name or email address or phone number) or your Sensitive Personal Information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
  • We do share non-Personal Information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Application and/or Websites.
  • We may release Personal Information and/or non-Personal Information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
  • The Company also reserves the right to disclose Personal Information and/or non-Personal Information that the Company believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of the Company, our Users or others.
Special Note on Text Messaging

We do not use your phone number to send commercial or marketing text messages without your consent. If you consent to receive text messages, you consent to receive promotions from the Company, its affiliates, brands, and third parties with whom they do business or have a contractual relationship as well as their affiliates, clients and persons with whom they do business. If you consent to receive text messages, we may also send you text messages for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes).

Your Choices

You may, of course, decline to submit Personal Information or Sensitive Personal Information through the Application and/or Websites, in which case the Company may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to the Application and/or Websites cannot be removed and remain subject to our Terms of Service.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Please contact the Company with any questions or comments about this Privacy Policy, your Personal Information, your consent, or your opt-in or opt-out choices using this contact form.

Our Commitment to Data Security

The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to the Company and you do so at your own risk. Once we receive your transmission of information, the Company makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If the Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. The Company may post a notice on the Application and/or Websites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us using this contact form.

Our Commitment to Children's Privacy

Protecting the privacy of young children is especially important. For that reason, the Company does not knowingly collect or maintain Personal Information or non-Personal Information on the Application and/or Websites from persons under 13 years of age, and no part of our Application and/or Websites is directed to persons under 13. If you are under 13 years of age, then please do not use or access the Application and/or Websites at any time or in any manner. If the Company learns that Personal Information of persons under 13 years of age has been collected on the Application and/or Websites without verified parental consent, then the Company will take the appropriate steps to delete this information.

Compliance With Maine Predatory Marketing Law

The Company does not knowingly collect or maintain Personal Information or Sensitive Personal Information on the Website from persons under the age of 18 whose IP address shows that person is located in Maine. If you are under 18 and are located in Maine, please do not use or access the Application and/or Websites at any time or in any manner.

Special Note to Non-California Users and International Users

The Application and/or Websites are hosted in the United States and are intended for and directed to Users in the State of California. If you are a User accessing the Application and/or Websites from the European Union, Asia, or any other region or state other than California with laws or regulations governing personal data collection, use, and disclosure, that differ from United States or the state of California laws, please be advised that through your continued use of the Application and/or Websites, which are governed by U.S. law and California law, this Privacy Policy, and our Terms of Service, you are transferring your Personal Information to the United States and you consent to that transfer.

In the Event of Merger, Sale, or Bankruptcy

In the event that the Company is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Personal Information is treated, transferred, or used. How to Change Your Personal Information

After registering, you may review and request to make changes to your Personal Information at any time. You may review and/or make changes to your Personal Information by logging into your account and making such changes.

Changes and updates to this Privacy Policy

This Privacy Policy may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. In general, we only use your Personal Information in the manner described in the Privacy Policy in effect when we received the Personal Information you provided. Your continued use of the Application and/or Websites constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the Personal Information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.

Date Last Modified:


This Privacy Policy was last modified October 1, 2015.

Contact Information:


Please contact the Company with any questions or comments about this Privacy Policy by emailing info at distinctdaily.com.