Diamond Operations Pro

Diamond Operations Pro Inc – Privacy Policy

This Privacy Policy explains how Diamond Operations Pro collects, uses, and protects your personal data.

Table of Contents

1. Intro

Diamond Operations Pro Inc, a Florida (US) limited liability company and its affiliates and subsidiaries, (collectively, “Diamond Operations Pro”, “we”, “us” or “our”) are committed to protecting your (“you”, “your”, or “user”) privacy and abide by this privacy policy (this “Privacy Policy”). This Privacy Policy explains how we collect, use, disclose, and apply the information collected when you (i) use or access our website, located at https://diamondoperationspro.com (the “Website”) and (ii) use or access the Diamond Operations Pro user interface (the “Platform”), in its web form through the Website or its mobile application form, if available on the Apple App Store or Google Play Store, and its associated services, features, and functionalities (collectively, with the “Website” and the “Platform”, the “Services”). Our Terms of Service, as updated from time to time (the “Terms of Service”), applicable to Subscribed Users, as defined below, are expressly incorporated herein by reference and are an integral part hereof. This Privacy Policy sets forth our policy with respect to information that we collect from you, on or through the Services, that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Information” or “Personal Data”). By accessing or using the Services, or otherwise interacting with us, you are agreeing to this Privacy Policy. Please read it carefully. If you do not agree herewith, do not access or use the Services. For purposes of this Privacy Policy, “users” shall include and may be further referred to as the following: (i) a “Visitor”, meaning anyone accessing our Website, (ii) a Diamond Operations Pro “Customer”, meaning any enterprise customer of Diamond Operations Pro who has entered into a formal commercial agreement with Diamond Operations Pro to subscribe to the Platform, as well as any representatives of the enterprise customer who communicate on behalf of the enterprise customer with Diamond Operations Pro, and (iii) an “Authorized User”, meaning any user who is an authorized user of a Customer with access to the Platform through such Customer’s subscription.

2. Changes to this Policy

We may change this Privacy Policy from time to time by publication of an updated version on our Services, which shall become effective immediately upon publication. We encourage you to review our Privacy Policy whenever you access or otherwise use the Services. Your continued access or use of the Services constitutes your acceptance of any updated version of this Privacy Policy, as published.

3. How We Collect Information

We may collect information about you by and/or through the following means: (i) Directly from you, when you provide information to us or interact with us; (ii) Automatically when you access, utilize or interact with our Services; or (iii) From social networks and other sources of publicly available data;

4. What Information We Collect

The types of information we collect varies depending on whether you are a “Visitor”, “Customer” or “Authorized User”. 3.1 Diamond Operations Pro Visitor. When a Visitor accesses or views our Website or otherwise interacts with us, we may collect and process the following types of Personal Data in the usual course of business: (i) Usage Details about your interaction with our Website, such as the pages which you visited on our Website and about the features you used within the Website; (ii) Device Information, including the IP address and other details of the device that you use to access our Website (such as the Internet Service Provider, operating system, browser type, browser activity, timestamps, and/or mobile network information); (iii) Location information, as we may use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address; (iv) Contact information, such as your name, phone number, e-mail address, physical/mailing address, and any other information you choose to include when you interact and/or communicate with us through our Website, including through any interactive feature, online contact form, by e-mail, or any other communication mechanism; (v) Survey information in response to surveys or questionnaires that we may send, including for feedback and research purposes; and (vi) Social Media Data, whereby when you interact with any of our pages on social media services, like Facebook, Twitter, Instagram, and LinkedIn (our “Social Media Pages”), we will collect the Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages. 3.2 Diamond Operations Pro Customer or Authorized User. If you are a Diamond Operations Pro Customer, including authorized representatives of such Customer, or a Subscribed User, we may collect and process the following types of Personal Data via the provision of the Services, including when accessing and/or using the Platform: (i) Transactional information, including payment information and payment history if you engage in transactions through the Services or with us generally. All credit card information is stored by a third-party payment processor selected by us, from time to time, and such payment services are governed by such third-party payment processor’s terms of service and privacy policy. For the avoidance of doubt, your credit card information is never stored by Diamond Operations Pro or on Diamond Operations Pro’s servers. (ii) Contact information, such as your name, company name, e-mail address, phone number, physical/mailing address, account information and any other information you choose to include when you interact and/or communicate with us through our Services, including through any interactive feature, online contact form, by e-mail, or any other communication mechanism. (iii) Account, profile, and subscription information, such as your username and password, name, phone number, e-mail address, and physical/mailing address, when you subscribe to or register for access to the Services. (iv) Customer/Authorized User Data, as certain features and functionalities of the Services may allow you to upload, deliver, submit, store, transmit, integrate or otherwise make available certain information, documents, text, files, images, graphics, data, and other materials and which, for the avoidance of doubt, may include certain Personal Data of the Customer’s representatives as well as Subscribed Users. (v) Usage Details about your access to, use of, and interaction with our Services and about the features you use within the Services as well as the amount of the Services that you use, and the amount of time spent on the Services. (vi) Device Information, including the IP address and other details of the device that you use to access our Services (such as the Internet Service Provider, operating system, device name, browser type, browser activity, timestamps, and/or mobile network information). (vii) Location information, as we may use publicly available sources to approximate your geographic region and Internet Service Provider based on your IP address. (viii) Crash and Error Information, whereby if the Services crash or return an error, we may collect certain data to determine the cause of the error using first or third-party services. The crash or error information collected may include, e.g., the following: device IP address, device name, operating system version, application configurations(s), timestamps, and other statistics. (ix) Survey information in response to surveys or questionnaires that we may send, including for feedback and research purposes. (x) Social Media Data, whereby when you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages. 3.3 Information We Collect Specific to Our Mobile Application. If applicable, you use the Platform in its mobile application form, as available for download on the Apple App Store or Google Play Store, we also may collect the following information if you choose to provide us with access or permission. This information is primarily needed to maintain the security and operation of our Platform for troubleshooting and for our internal analytics and reporting purposes. 3.3.1 Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings. However, rejecting location information may block certain features within the Platform. 3.3.2 Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version, and system configuration information, and device and application identification numbers. We may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of the Platform that you accessed. 3.3.3 Push Notifications. We may request to send you push notifications regarding your account or certain features of the Platform. If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.

5. Additional Information We May Obtain

We may obtain information about you from third parties who help us provide our Services to you. We may also obtain some information from our marketing partners in order to inform you about products or services that we think you might be interested in. Finally, we may obtain information that does not identify you directly, but which is later used in a way that may later directly identify you. We may combine that general information with your information to provide related services to you.

6. No Sensitive Data

You agree to not upload, submit, transmit, store, disclose or make available through the Services, including the Platform, any Sensitive Data (as defined below), and you agree and acknowledge that we will have no liability whatsoever for such Sensitive Data erroneously transmitted through the Services. For the purposes of this Privacy Policy, "Sensitive Data” means any Personal Data that requires a heightened degree of protection by applicable law, but does not include geolocation. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information, health or medical information, or other information that is subject to international, Federal, State, or local laws or regulations now or hereafter enacted requiring heightened standards for data protection or privacy, including, but not limited to, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act, and the Gramm-Leach-Bliley Act.

7. Cookies and Other Technologies.

Our Services may use “cookies” or “other technologies” (such as “pixel tags”, “web beacons”, “clear GIFs”, links in e-mails, JavaScript, device IDs assigned by Google or Apple, or similar technologies) to collect information and support certain features of our Services. Cookies and other technologies allow us and third parties to obtain information about your visits to our Services, including analyzing your visiting patterns. Although you are not required to accept cookies when you visit our Services, you may be unable to use all of the functionality of our Services if your browser restricts our cookies. We use this information to process your requests and to deliver content, messages, and online advertisements from us and others that are specific to your interests. The information we collect from your web browser and from cookies and other technologies does not identify you personally but in some cases, we may link it to personally identifiable information. 6.1 Cookies. Below, we explain the different types of cookies that may be used on the Services. 6.1.1 Necessary Cookies. Necessary cookies are essential to enable your use of the Services, such as assisting with your account login, so we can show you the appropriate experience and features, service/transaction history and other account settings. They may also provide authentication and site security. 6.1.2 Preference Cookies. Performance cookies are used to remember your settings and preferences, and to improve your experience on our Services. 6.1.3 Session Cookies. Session cookies are stored only temporarily during a browsing session and are deleted from your device when you close the browser. We use session cookies to support the functionality of our Services and to understand your use of thereof, which pages that you visit, which links you use, and how long you stay on each page. 6.1.4 Analytics Cookies. Analytics cookies help collect information about your use of our Services and enable us to improve the way it works. These cookies give us aggregated information that we use to monitor site performance, count page visits, spot technical errors, see how users reach the Services, and measure the effectiveness of marketing (including e-mails and text messages). 6.1.5 Marketing Cookies. Marketing cookies are used to measure the performance of our advertising campaigns and to help us optimize our advertising resources. Unlike targeting cookies that build detailed user profiles, the marketing cookies which we employ are not used to track you across unrelated websites or to create personal behavioral profiles. Instead, these Marketing Cookies allow us to understand whether our ads are effective, how often they are clicked, and which campaigns generate results. The information is used solely for internal measurement and advertising/marketing campaign optimization purposes. 6.1.6 Unclassified Cookies. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies. 6.2 Other Technologies. In addition to cookies, we may use other similar technologies, like pixel tags (also known as web beacons and clear GIFs), to, among other things, track the actions of users of the Services (about usage including e-mail recipients), measure the success of our marketing campaigns, and compile statistics of the Services and response rates.

8. How We Use Your Information

7.1 For Our Legitimate Business Interests. We may use the Personal Data that we collect for our legitimate interests and the limited purpose of providing the Services and as permitted by applicable law. These purposes include circumstances where it is necessary to provide or fulfill the Services requested by or for you or where you have given us your express consent. As such, we may use your Personal Data to: (i) Complete transactions between you and Diamond Operations Pro; (ii) Facilitate scheduling and operations through the Platform; (iii) Provide the information and Services that you request; (iv) Run payroll, invoicing, and other financial administration features through the Platform; (v) Service your account and provide you with effective customer service; (vi) Better understand your needs and interests, and provide you with a personalized experience when you use our Services; (vii) Contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us); (viii) Contact you with information that you have requested, and notices related to your use of our Services; (ix) Send you commercial or marketing/advertising messages, including, without limitation, messages, including via newsletters and phone, text message (SMS), and e-mail communications about our offerings and Services; (x) Invite you to participate in surveys and to provide feedback to us (in accordance with any privacy preferences you have expressed to us); (xi) Improve our Services, develop new services, improve our marketing and promotional efforts, and improve the content, functionality, and usability of the Services; (xii) Enforce our other policies or agreements, such as any agreement between us and a specific Customer or Authorized User with respect to such Customer’s subscription or ability to receive certain access to and use of the Services; (xiii) Promote security and protect against and prevent fraud, claims, and other liabilities; (xiv) Verify the information that you provide to us as well as the representations and warranties that you make to us in a certain agreement or via the Services; (xv) Meet our internal and external audit obligations; and (xvi) To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

9. How We Share and Disclose Information.

8.1 We Do Not Sell Personal Data. We do not ‘sell’ or ‘share’ your Personal Data for monetary consideration. This means that we do not exchange your Personal Data with third parties in return for payment, nor do we disclose it for purposes that would constitute a “sale” or “sharing” under applicable privacy laws. As such we only disclose Personal Data that we collect about you as described herein or otherwise disclosed to you at the time the Personal Data is collected. 8.2 Service Providers; Business Partners. We provide access to or share your Personal Data with select third parties, including, but not limited to, business partners, service providers, subcontractors, and sub-processors (collectively, the “Service Providers”), who perform services on our behalf. Pursuant to our instructions, these third parties will access, process, or store Personal Data in the course of performing their duties to us. We take commercially reasonable steps to ensure that our Service Providers adhere to the security standards that we apply to your Personal Data. Our Service Providers provide a variety of services to us, including, for example, billing, accounting, sales, marketing, analytics, calendaring, mapping, data storage, payment processing, and legal services. 8.3 Your Consent. We may ask for your consent to share your Personal Data with certain other third parties and your ability to use and/or receive the Services may be impacted by your denial of any requested consent. We may share your information for other purposes pursuant to your consent or with your further direction. 8.4 Settings. We may share information consistent with your setting selections within the Platform, as such settings functionality may be in effect from time to time. 8.5 Aggregate/De-Identified Data. From time to time, we may share Aggregate/De-Identified Information about the use of the Services, such as by publishing a report on usage trends. The sharing of such data is unrestricted. 8.6 Legal Reasons. We may also disclose your Personal Data when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, or a subpoena. We may also disclose your Personal Data, e.g., to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Services; to enforce or apply our policies or other agreements; or to protect our own rights or property or the rights, property, or safety of our users or others. We will attempt to notify our users about legal demands for their Personal Data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague, or lack proper authority. 8.7 Sale, Merger, or Other Business Transfer. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), Personal Data may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third party, your Personal Data would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable law, we will comply with such restrictions.

10. Your Choices.

(a) You can manage cookies through your web browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. Please note, however, that without cookies you may not be able to take full advantage of all our Services’ features. In addition to the browser-based controls, you can manage third-party cookies by visiting www.aboutads.info/choices/. Alternatively, for some devices, you may use your device’s platform controls in your settings to exercise choice. Please note you must separately opt-out in each browser and on each device. (b) You have a choice, at any time, to stop us from sending you e-mails for marketing purposes by following the “unsubscribe” link included in these messages or by replying “STOP” to these text messages. Please note that despite any indicated e-mail or text messaging marketing preferences, we may continue to send you administrative e-mails and text messages regarding Diamond Operations Pro and the Services, including, for example, notices of updates to our policies or this Privacy Policy if we choose to provide such notices to you in this manner. (c) If you do not provide the information that we need to provide the Services, we may not be able to provide you with the Services or certain functionalities. We will tell you what Personal Data that you must provide in order to use the Services and its related functionalities or services. (d) Some browsers offer a “do not track” (“DNT”) option. Since no common industry or legal standard for DNT has been adopted by industry groups, technology companies, or regulators, we do not respond to DNT signals. We will make reasonable efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

11. Data Processing and Data Transfers

By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries and territories, which may have different privacy laws from your country of residence. In such instances, we shall ensure that the transfer of your Personal Information is carried out in accordance with applicable privacy laws and, in particular, that appropriate contractual, technical, and organizational measures are in place.

12. Security

We take security seriously and have implemented administrative, physical, and technological measures to protect your information from unauthorized access, loss, misuse, disclosure, alteration and destruction. If you wish to report a security concern or if you have a question around security, please submit your inquiry to us in accordance with the “Contact Us” section.

13. European Residents

If you are a resident of the European Economic Area, you may have certain rights regarding the Personal Data we maintain about you. We offer you certain choices about what Personal Data we collect from you, how we use that information, and how we communicate with you. If at any time you wish to exercise your rights, please reach out to us in accordance with the “Contact Us” section: 12.1 Information and Access. You can request to see which Personal Data we process from you. We can inform you how and why we process this data unless restricted by law, or if we are unable to verify your identity. 12.2 Submitting Information. You may refrain from submitting information directly to us, although doing so may impact our ability to provide the services and information you request and/or affect your ability to access, use, and/or receive the Services. 12.3 Rectification. You may request to update or correct the Personal Data that we maintain for you. 12.4 Right to be Forgotten/Request Deletion. You may request deletion of your Personal Data. We may ask you for additional information to verify your identity and will process your request subject to and in accordance with the law. 12.5 Restriction. You may request the limitation on the processing of your Personal Data. 12.6 Restricting Cookies. Generally, if you do not wish to receive cookies, you may set your browser to deny cookies or to alert you when a cookie is placed on your computer. 12.7 Objection. You may remove your consent for the processing of your Personal Data. 12.8 Transferability. You may request to transfer your Personal Data.

14. Additional Information for Residents of Certain U.S. States

If you are a U.S. resident, we process your Personal Data in accordance with applicable U.S. state data privacy laws. Depending on where you live (including California, Colorado, Connecticut, Oregon, Nevada, Utah, Virginia, Washington, etc.), you may be entitled to certain rights with respect to your Personal Information, as further described in Exhibit A.

15. Personal Data Retention

We will retain information required to comply with privacy requests, manage active accounts, as required by law, in order to resolve disputes, or enforce our agreements. We may also retain copies of your information for disaster recovery purposes.

16. Links to Third Party Websites

The Services may contain links to other websites not operated or controlled by us, including social media services (“Third Party Websites”). The information that you share with Third Party Websites will be governed by the specific privacy policies and terms of service of the Third Party Websites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these websites. Please contact the Third Party Websites directly for information on their privacy practices and policies.

17. Privacy of Children

We are committed to protecting the privacy of children and following all laws, regulations and guidelines in respect thereof. We do not knowingly accept or solicit Personal Data from a user who is known to be under the age of thirteen (13). As such, if you are under the age of thirteen (13), please do not use our Services, including our Website or Platform, to provide, submit or transmit to us any Personal Data, and, for the avoidance of doubt, we will not be liable or responsible for any Personal Data which is provided, submitted, or transmitted to us by an individual who is under the age of thirteen (13). Further, by accessing, using, and/or receiving the Services, you represent and warrant that you have not and will not provide any personal information of a child under the age of thirteen (13) if you are not such child’s legal parent or guardian, or without having obtained verifiable consent from the legal parent or guardian of such child, in full compliance with COPPA and any other applicable laws. If you have concerns regarding the privacy of children, please contact us in accordance with the “Contact Us” section.

18. Contact Us

If you have any questions or concerns about our Privacy Policy, please contact us via e-mail at support@diamondoperationspro.com.

This document is the official Privacy Policy of Diamond Operations Pro Inc.

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Contact us at support@diamondoperationspro.com
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