Privacy Policy

DMSOLUTIONS.COM
JUNE 2020

Privacy Policy
Diamond Marketing Solutions (DMS) is committed to protecting the privacy of our website visitors and clients.

We uphold the highest industry standards in online privacy and permission marketing. For more information on how DMS enforces permission e-mail marketing with our clients, please see our anti-spam policy.

Security and Privacy
The DMS website uses security measures to protect against the loss, misuse, and alteration of the information under our control. We store the information in a database in a secure environment at our data center.

We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your requesting information.

Opt-In Choice
Our members and their subscribers are given the opportunity to “opt in” to having their information used for purposes not directly related to our site at the point where we ask for the information.

Users of our site will always be notified if their information is being collected by any outside parties. We do this to ensure that our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

Tracked Information
At times, we will use your IP address to help diagnose problems with our server and to administer our website. We also may track browser types to help us understand our visitors’ needs related to our website design.

There is an optional section of our website where input forms require your name, company, and e-mail address. This form provides the ability to opt in to receiving future e-mails of any sort from Diamond Marketing Solutions. If you opt in to receiving e-mail communications from us, then we may send information to you on our products or services.

You may review and change your information with us at any time by clicking on the “modify profile” link or similar found at the bottom of e-mails sent via our system or by contacting us at privacy@dmsolutions.com.

Web Beacons
In order to determine a user’s ability to receive HTML e-mail in addition to whether or not an e-mail has been opened, Diamond Marketing Solutions includes a “web beacon” in a majority of the HTML e-mail messages we send. A web beacon (actually a small .gif image) is activated when an HTML e-mail is opened via a request for the image on our servers.

This capability helps DMS send e-mail in a format that users can read and enables DMS, as well as our clients that use the functionality, to track the aggregate number of e-mails opened. The web beacon does not collect any personally identifiable information. Users who do not want to receive e-mail messages with web beacons can choose to receive their e-mails in text (non-HTML) format.

We also use, and provide our clients with, the capability to track when a URL has been clicked inside of an e-mail message sent by our system. We use this functionality to track which links were clicked and in what quantity, as well as the aggregate number of links clicked. This click tracking functionality does not collect any personally identifiable information.

Cookies
Client-side cookies are used to verify the login status of customers using products or services linked directly with our website. Usage of a cookie is in no way linked to any personally identifiable information while on our site. If a user rejects the cookie, he or she may still use our site; however, the user may not be able to access all areas of our site.

Links to Other Websites
DMS is not responsible for the privacy practices or the content of any other websites to which we link.

Notification of Changes
DMS will notify its members and users via e-mail if we make any changes to our privacy policy. Any new policy will be posted on our site at least one week prior to its taking effect. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an e-mail. Users will have a choice as to whether or not we use their information in this different manner.

Safe Harbor Data Privacy Notice
DMS adheres to the Safe Harbor Principles published by the U.S. Department of Commerce (the “Safe Harbor Principles”) with respect to the personal information (as defined below) that it receives from the European Union.

This notice outlines our general policy and practices for implementing the Safe Harbor Principles, including the type of information to which this notice applies, how we use personal information, and the choices individuals have regarding our use of, and their ability to correct, that personal information. If there is any conflict between the policies in this notice and the Safe Harbor Principles, the Safe Harbor Principles will govern. This notice applies to all personal information we handle, including online (except as noted below), offline, and manually processed data. For purposes of this notice, “personal information” means data that:

is transferred from the European Union to the United States;
is recorded in any form; and
is about, or pertains to, a specific individual who is identified in, or is identifiable from, the data.

“Sensitive information” is a subcategory of personal information. Sensitive information is defined as personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or the sex life of the individual. Sensitive information also includes personal information received from a third party where the third party treats and identifies it as sensitive.

Safe Harbor Principles Regarding Personal Information
Notice and Choice
We notify individuals about the personal information we collect from them, how we use it, and how to contact us with privacy concerns. We obtain personal information only as permitted by the Safe Harbor Principles or with the consent of the individual affected. Consent for personal information to be collected, used, and/or disclosed in certain ways may be required in order for an individual to obtain or use our services. To the extent permitted under the Safe Harbor Principles, we reserve the right to process personal information in the course of providing professional services to our clients without the knowledge of individuals involved.

Disclosures and Transfers
We do not disclose personal information to third parties, except when one or more of the following conditions are true:

We have the individual’s permission to make the disclosure.
The disclosure is permitted by law or mandatory professional standards.
The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets.
The personal information to be disclosed is publicly available.
The party to whom the disclosure is made controls, is controlled by, or is under common control with Diamond Marketing Solutions.
The disclosure is reasonably necessary for the establishment or maintenance of legal claims.
The disclosure is to persons or entities for whom we are providing services, provided that the disclosure is consistent with the purpose for which the personal information was obtained.

We will comply with the Safe Harbor Principles with respect to disclosures of sensitive information, including, when applicable, obtaining the explicit consent of the individual prior to disclosing sensitive information to a third party or using sensitive information for purposes other than those for which it was originally collected or subsequently authorized by the individual. Transfers of information permitted under this notice, either to third parties or within Diamond Marketing Solutions, include the transfer of data from one jurisdiction to another, such as transfers to and from the United States of America.

Data Security, Integrity, and Access
We employ physical, electronic, and managerial measures, including education and training of our personnel, designed to provide the personal information in our possession with reasonable protection from accidental loss or destruction, improper use, alteration, or disclosure. Personal information collected or displayed through a website is protected in transit by industry standard encryption processes. However, we cannot guarantee the security of personal information accessible on or transmitted via the Internet.

We process personal information in ways compatible with the purpose for which the personal information was collected, or as otherwise authorized by the individual. To the extent necessary for such purposes, we take reasonable steps to make sure that personal information is accurate, complete, current, and otherwise reliable with regard to its intended use.

If an individual becomes aware that the personal information we maintain about that individual is inaccurate, or if an individual would like to update or review his or her personal information, the individual may contact us using the contact information below. As a security precaution, we may request that the individual provide identifying information, such as name, address, birth date, and/or Social Security number. In addition, we may limit or deny access to personal information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Agreement. In some circumstances, we may charge a reasonable fee, where warranted, for access to personal information.

Privacy Policy
Accountability and Enforcement

We established a program to monitor our adherence to the Safe Harbor Principles and to address questions and concerns regarding our adherence. This program will include a statement, at least once a year, signed by our authorized representative, verifying our adherence to the Safe Harbor Principles. We encourage interested persons to raise any concerns with us using the contact information below.

With respect to any dispute relating to this notice that cannot be resolved through our internal processes, we will cooperate with competent European Union data-protection authorities and comply with the advice of such authorities. In the event that we or such authorities determine that we did not comply with this notice, we will take appropriate steps to address any adverse effects and to promote future compliance.

Amendment
We may amend this notice from time to time by posting a revised notice on this website or a similar website that replaces this website. If we amend the notice, the new notice will apply to personal information previously collected only insofar as the rights of the individual affected are not reduced. So long as we profess to adhere to the Safe Harbor Principles, we will not amend this notice in a manner inconsistent with the Safe Harbor Principles.

Information Subject to Other Policies
We are committed to following the Safe Harbor Principles for all personal information, as that term is defined herein. Other information we receive may be subject to policies that may differ in some respects from the policies set forth in this notice. Certain of our websites have their own privacy policies that apply specifically to those websites. Those policies may be accessed through the websites in question. Information relating to present or former Diamond Marketing Solutions personnel is subject to our policies concerning personnel data privacy, which are available to present and former Diamond Marketing Solutions personnel upon request. Information obtained from or relating to clients or former clients is further subject to the terms of any privacy commitment made to the client, any agreements with the client, and/or any applicable laws and professional standards.

California Residents

The Personal Information about you that we collect includes information within the categories of data defined by California state privacy laws and provided below. Under the CCPA, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer or household. Personal Information does not include:

(1) de-identified or aggregated information;

(2) "publicly available information" that is lawfully made available from federal, state, or local government records; or

(3) information excluded from the CCPA, such as Protected Health Information or medical information that is subject to HIPAA, or other personal information covered by certain other privacy laws, such as the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.

We do not and will not sell Personal Information about you, as defined by CCPA. We also have not done so for the last 12 months.

RIGHTS AVAILABLE TO CALIFORNIA RESIDENTS

Under the CCPA, residents of California are provided with certain rights regarding their Personal Information (as defined in the CCPA). The following section outlines these rights:

1. Right to Know: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

the Categories of Personal Information we have collected from you
the business purposes for which such Personal Information was collected
the Sources of Personal Information we have collected from you
the specific pieces of Personal Information stored about you
the categories of 3rd parties with whom we share Personal Information
If we shared your Personal Information for a business purpose, the categories of Personal Information that each category of recipient obtained.

2. Right to Request Deletion: You have the right to request deletion of your Personal Information that has been collected and retained from you subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records, unless there is an applicable exception. We may deny your deletion request if we need to retain the information to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If none of the foregoing exceptions applies, and we delete the information in compliance with your verifiable request, we will also direct our applicable service providers to delete your personal information.

You or an authorized agent registered with the California Secretary of State that you authorize to act on your behalf, may exercise the Rights twice in a 12-month period. Your verifiable request must include sufficient detail for us to understand, evaluate, and respond to it. It must also provide sufficient information that allows us to reasonably verify that you are the individual about whom we have collected Personal Information or an authorized agent representing the individual. Please note that in some cases we may need to obtain information from you as part of the verification process to verify your identity to a reasonable degree. We may require you to provide Personal Information as part of the verification process. For authorized agents, we may require a signed, written authorization, a notarized affidavit, or a valid power of attorney. We will only use this information for the purpose of verifying the requestor’s identity or authority. To exercise these rights, please email us at privacy@dmsolutions.com or send us written notification to the below address providing your name, address, phone number, and email address and your request for either Right to Know or Right to Request Deletion of your personal information as defined in the CCPA.

We will acknowledge your right to know or deletion request within ten (10) business days of receipt and provide information about how we will process the request. In many cases we will respond to your request within 45 days. In some cases we may extend the time to respond for another 45 days. If this extension is necessary, we will give you notice and the reason that we need the additional time to respond.

If we are unable to verify your identity or your authority to make the request within 45 days, we cannot fully respond to you and may deny your request. We may in such cases elect to treat the deletion request as an opt-out request. For requests seeking specific pieces of information, we will treat it as a request for the disclosure of the categories of Personal Information about the consumer.

We retain records of your requests, including the request data, nature of the request, manner of submission, the response and any basis of denial for a period of 24 months.

We will not discriminate against you in terms of services, the level or quality of services, or pricing for exercising any of your CCPA rights. If there are excessive requests, we may charge a reasonable fee as permitted under the CCPA.

RIGHT TO OPT-OUT OF DATA SALES FOR NEVADA RESIDENTS

We do not sell your covered information, as defined by Section 603A.320 of the Nevada Revised Statutes. If you reside in Nevada, you have the right to submit a request to us at privacy@dmsolutions.com regarding the sale of covered information. Please include "Nevada" in your email subject line and include the following information in your email: your name, Nevada resident address, and email address. We will respond within sixty (60) days of receiving your request.

If you have any questions about this privacy statement or this website, please contact us at privacy@dmsolutions.com.