D4P will collect both personal information, and non-personal information (collectively, the “Information”) and act as the data controller regarding your personal information.
Your use of the Properties is also governed by our Terms of Service.
- Information We Collect and How We Use It
D4P collects Information about you from you and other sources. As set out below in more detail, we use, and in specific cases combine, that Information to operate, tailor content, personalize, adjust and improve our Properties, and to send you messages or personalized information about our Services, including for marketing and promotional purposes.
- Information Provided by You
As set out in more detail in the following, D4P may collect Information from you when you: (A) use our Properties, including use of social media properties; (B) engage in our Services; and (C) choose to receive newsletters on Products and services and/or receive marketing emails.
- Use of Our Properties
When you visit or use our Properties, we may automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
- Receive Newsletters on Products and Services
D4P may offer you the ability to receive newsletters or marketing periodically by email about our Products and Services, and the products and services of D4P affiliates. You can stop receiving further newsletters or marketing emails by unsubscribing from the link in the footer of each email we send to you.
D4P may collect and store your address and/or phone number for the purposes of shipping any Products purchased as a result of your use of the Properties. Please note: Orders you submit on diablobuilds.com may be fulfilled by a third party. When you purchase a Product through the Properties, the information you submit may be processed by a third-party, and not by D4P. Please see each website for details on a third party fulfilling your Product orders.
D. Use of Your Information
D4P may use your Information for the following purposes:
• For the purposes for which you provided it;
• To send you information about your relationship or transactions with us;
• To ship and/or transport any Products you purchase from us to you;
• To process payments you make as a result of purchasing Products via the Properties;
• To send you alerts or other communications via email, or other media or networks, including, without limitation, newsletters you may sign up for;
• To notify you about new features and offerings, including, but not limited to, discounts, events, Products, other services, and/or special offers;
• To administer sweepstakes and contests;
• To process and respond to your inquiries;
• To contact you with information that we believe may be of interest to you;
• To respond to an inquiry you submit to us;
• For internal research and reporting;
•To send you to third-party websites/applications, as requested by your use of the Properties and Services;
• To improve the content and features of the Properties;
• To allow us to personalize the content and advertising that you see on the Properties;
• To enforce the legal terms that govern your use of the Properties;
• To administer and troubleshoot the Properties;
•As required by law; and
• To share your information with reputable third parties who may provide you with information about their products and/or services that may be of interest to you.
- Information Provided by Other Sources
We may also obtain Information about you from other sources.We only collect Information from other sources where they have confirmed to us they are legally entitled to share it with us.
2. Children and Parents
D4P does not knowingly collect or store any personal information from children under 13 years old in the US or under the relevant age threshold in other jurisdictions where the child is located. However, we may collect technical information required for delivering the service and for the support of our internal operations from all users of our Properties. If parents/guardians believe that we have unintentionally collected their children’s personal information or otherwise used their children’s personal information for another purpose, they may reach out to us via the Contacting Us section below. Parents/guardians should contact D4P immediately if they have any concerns.
- Your Choices About Information Provided by You
If you do not want to provide D4P with personal information, then you can choose not to provide it. Please note that if you choose not to provide us with personal information, we may not always be able to provide you with the relevant D4P product or Services that you want. For example, without providing an email address, you will not be able to sign up for D4P newsletters.
- Your Choices About Information Provided by Third Parties
You may be able to control how third parties collect and share your Information by changing your preferences or opting out of collection directly with those third parties. Before disclosing Information to third parties, we recommend you check their respective privacy policies for further details.
- Your Choices About D4P Using Your Information
You can exercise choices over how D4P uses your personal information and update your preferences at any time:
- to remove yourself from receiving email marketing or newsletters from D4P, simply click the unsubscribe link in the email;
If you opt-out of receiving email marketing communications from us, please note that we may still contact you occasionally to provide you with Service-related information.
As set out below in more detail, D4P may share Information as follows:
- with vendors, sponsors, and business partners engaged by D4P in order to provide you with goods, Products, or services you have requested or online advertising selected by us;
- if required to do so by applicable law, regulation or legal process;
- third parties who perform services on our behalf and for other legitimate business purposes;
- if necessary to exercise, establish or defend our legal rights;
- if necessary to protect the rights, property or safety of any person; and
- in connection with the sale of our business or assets.
Please note that any Information, including personal information that you reveal in a chat room, message board, or other public forum, is publicly viewable.When you post personal information publicly through the Properties (if applicable) it may be viewable by other users of these sites and we cannot prevent further use of the personal information by third parties.
Vendors provide goods and services (for example, Shopify, Webflow, consumer services support, consultancy, information technology hardware and software) to D4P in order to support, operate and develop the Properties and to deliver marketing communications on our behalf. Vendors use your Information to execute, deliver and/or from time to time improve the services they provide. We do not share Information with vendors to use for their own direct marketing purposes or any other purpose other than those set out in this section without your consent.
We will disclose your Information in the good faith belief that we are required to do so by law, including but not limited to disclosure to law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you, us, or our affiliates to legal liability.
This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
- Legal Rights
- Protecting Others
We disclose your Information with third parties where we believe this is necessary to protect the rights, property or safety of any person.For example, we disclose Information relating to an online account if we in good faith believe the user of that account is using it in ways that are harmful to others (e.g. making inappropriate contact with minors).
Sale of Our Business or Assets
Separately, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, D4P' customer information, including Information and communications, may be transferred to our successor or assign.
D4P takes a range of security measures designed to protect your personal information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information).We also take steps to ensure that the personal information collected is protected from misuse and alteration. In addition, we request vendors who process personal information on our behalf to themselves take a range of security measures designed to help protect your personal information. However, the Internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. The complete security of any personal information collected, stored or used by us or our vendors cannot therefore be guaranteed. . In the event any Information under our custody and control is compromised as a result of a data security breach, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, notify those individuals whose information may have been compromised.
6.Accessing Information and Retention Period
If for any reason you are concerned with the way we are using your personal information, or would like to correct, view, update or request that we delete such personal information, you can send your request to us using the Contacting Us section below.
- Retention Period
Please contact D4P at the Contact Address set forth below if you would like to request any of the following:
- D4P erases your identifying information.
- A copy of the personal information D4P has about you.
- That your personal information be corrected.
- That restrictions be added in the way your data is processed.
- To object to the way your data is being processed.
- To exercise your rights as a California resident, pursuant to Section 8 below
CONTACT ADDRESS: Contact@DiabloBuilds.com
8. Your California Privacy Rights
Since 2005, California Civil Code Section 1798.83 permits our customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share our user's personal information with unaffiliated third parties for their own direct marketing purposes, without the user’s approval.
The California Consumer Privacy Act of 2018 (the “CCPA”) grants California residents the following rights with regard to the personal information we collect about you: (i) the right to know what personal information we have collected about you, and the purpose for which it was collected; (ii) the right to request that we delete any personal information we have collected from you (subject to certain exceptions, as outlined in the CCPA and CPRA); (iii) the right to opt-out of the sale of your personal information; and (iv) the right to non-discrimination for exercising your rights herein.For the avoidance of doubt, we do not sell your personal information, but if we did, California residents would have the right to opt out of the sale of your personal information, pursuant to the rights granted above.
The California Privacy Rights Act (the “CPRA”) amended and expanded the existing CCPA laws governing consumer privacy and data rights for California residents. CPRA grants special protection to California consumers’ data pertaining to government identifiers, financial account login information, precise geolocations, genetic data, biometric information, race, ethnicity, religious and/or philosophical beliefs, union memberships, content of non-public communications, and data relating to your sexual orientation (collectively, “Sensitive Personal Information”). In addition to the rights granted by the CCPA, the CPRA grants California residents the following rights regarding the personal information we collect: (i) the right to request that we limit our use and discloser of your Sensitive Personal Information; (ii) the right to correct any inaccurate personal information; and (iii) the right to opt-out of the sharing of your personal information with any third-party. D4P does not currently meet any of the legal thresholds which would subject D4P (and your personal information) to the CPRA; in the event D4P does meet the applicable legal thresholds, D4P shall comply with the CPRA, and your rights granted thereunder.
If you are a California resident and wish to opt out of having your personal information shared with third parties, opt out of receiving information from the D4P (via e-mail or postal mail) about new products, services, or promotions, and/or exercise any other California privacy right, please contact us in accordance with the Contacting Us section above. We will be happy to honor your request.
- California Privacy Rights for Minor Users
Since January 1, 2015, California Business and Professions Code Section 22581 permits you, if you are a California resident under the age of 18, to view, correct, or delete Information provided by you or publicly posted by you. You may do this by please contacting us in accordance with the Contacting Us section above, and asking us to delete certain posted content.
We will be happy to review, update or remove Information and/or content as appropriate. Residual copies of Information and/or content that have been deleted may remain in our backup systems. We may still retain your Information to resolve disputes, enforce our user agreement, or comply with legal requirements; in this case, your personal information will be blocked from use for any other purpose.
9. Disclosure to Users Outside the US
In addition, if you are a visitor to the Properties, purchasing Products, or using our Services from outside the U.S., the personal information you provide will be collected, processed and stored directly on, or transferred to, servers in the United States or other countries where D4P or its affiliates, or our other partners or vendors maintain facilities or business operations.
10. Do Not Track.
Depending on the Property you are using, and the country you are based in, Cookies may be set on your computer or device by either:
- D4P - to recognize and associate activity with your computer or device when it visits a Property. D4P Cookies cannot be used to recognize or associate activity with your computer or device when it visits other, third party websites or online properties.
- Third Parties - to enable third party features or functionality to be provided on or through our Properties or other online properties (e.g. advertising and analytics). The third parties that set these Cookies may be able to recognize your computer or device both when it visits the Properties or other online properties that use the third party's features and functionality.
Types of Cookies
To learn more about your opt-out choices for cookies, please see the Managing Cookies section below. To learn more about your opt-out choices for technologies that are similar to cookies, please see the Similar Technologies section below.
- Necessary Cookies
These Cookies are essential in order to enable you to move around websites or online properties and use their features, such as accessing secure areas of a website.
- Performance (or Analytics) Cookies
These Cookies collect information about how visitors use a website or online property, for instance, which pages visitors go to most often, and if they get error messages from web pages. These Cookies don't collect information about the actual identity (e.g., name) of a visitor. All information these Cookies collect is aggregated. They are only used to improve how a website or other online property works. We generally contract with third parties (such as Google Analytics), to provide these services on our behalf.
- Functionality Cookies
These Cookies allow the website or online property to remember choices you make (such as the language or the region you are in) and provide enhanced, more personalized features. These Cookies can also be used to remember changes you have made related to accessibility (e.g. text size, fonts) and customization. They may also be used to provide services you have asked for such as watching a video. The information these Cookies collect may be anonymized and they cannot track your browsing activity on other websites.
- Advertising Cookies
These Cookies are used to deliver advertisements that are more relevant to you and your interests. They also help limit the number of times you see an advertisement as well as measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information is shared with other organizations or advertisers.
D4P may use, combine and share anonymized or aggregated information obtained from Cookies with third parties such as vendors or advertising partners. For example, we may use information such as interests or preferences to group you with other people with similar interests or preferences and place you into a market segment. We may then display advertisements which we believe people in your market segment will find relevant. We may also share Information obtained from Cookies with third parties such as vendors or advertising networks in order to permit them to provide services on our behalf or to partner with us in selecting and serving advertisements for us or our advertising partners.
If you would like to find out more about Cookies you may find the following link useful: http://www.allaboutcookies.org/
You can review your options to manage Cookies by:
- clicking on the opt out options for each applicable Cookie;
- opening the "Help" menu on the browser menu bar. Most browsers will tell you how you can disable or delete Cookies or set your browser to alert you when Cookies are being sent to your computer;
- visiting your mobile device developer's website or reviewing your device manual. Most mobile device developers will tell you how you can manage the settings on your mobile device to opt out of and/or delete Cookies from your mobile device, or to limit the use of and/or opt out of targeted advertising; or
- visiting http://optout.aboutads.info/ (or other similar services) for choices to opt out of advertising.
If you reject all Cookies, you may not be able to use certain features of our websites and other products and services.
By using the Properties you agree, and we will assume you consent, to receive Cookies unless you manage your cookie choices by one of the means set out above.
Please also note that the use of information obtained by third party providers through cookies placed by them is also subject to their own privacy policies.We encourage you to review the privacy policies of these third-party providers, as their privacy practices may vary from ours.