CCPA Privacy

LAST UPDATED: December 8, 2022

This privacy policy (the “Privacy Policy“) explains how Diablo Media, LLC (“Company,” “we,” or “us”) collects, uses, shares, and protects information of the users of Company’s websites and mobile or other software applications where this Privacy Policy is posted (collectively, the “Website”). This Privacy Policy is designed to fulfill our legal obligations in the places where we operate—including, without limitation and where applicable, the California Consumer Privacy Act (CCPA).

Please note that this Privacy Policy only applies to the Website, and not to websites, applications, operating systems, or other platforms of third parties (collectively, “Third-Party Platforms”), even if such Third-Party Platforms are linked to or accessible from the Website. Each Third-Party Platform will have its own data collection and usage practices, and may use their own cookies, web beacons, and other technology to collect information from you. Company is not responsible for the content or practices of any Third-Party Platforms and, if you choose to visit or use them, you do so at your own risk.

1. Who controls your information?

Any information or other data provided to or gathered by Company is controlled by:

Diablo Media, LLC
3001 Brighton Blvd Suite 769
Denver, CO 80216
United States
privacy@diablomedia.com

2. What types of information do we collect?

“Information,” as used in this Privacy Policy, means personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user or household. Examples include a user’s name, mailing address, email address, or IP address.

Company collects and/or has collected over the past twelve (12) months the following categories of information about you and other users of the Website:

• Information You Provide to Us. We collect information from you when you voluntarily provide it to us over the Website, including as part of filling out a form for further information. Such information may include your name, email address, telephone number(s), street address, city, state, signature, social security number, driver’s license or state identification card number, debt or credit history, and whether you own or rent your home.
• Content You Make Public. Company collects information from you that you voluntarily upload to the Website for public display (“Public Information”), such as when you post a review. Once you submit Public Information, neither you nor Company are able to control how it may be copied, shared, or used by third parties, even if you and/or Company later delete such Public Information. Accordingly, you should carefully consider what personal information you choose to include within your Public Information.
• Device/Internet Connection Information. When you use the Website, we automatically gather information made available by your web browser (such as Microsoft Edge or Google Chrome), internet service provider (such as Comcast or Cox), and device (such as your computer, phone, tablet, or fitness tracker), depending on your settings for each. For example, we may collect your IP address, information about the operating system or type of device you use, the device ID associated with your device, the date and time you access the Website, and your log in attempts.
• Internet Activity Information. As explained below in Sections 3 and 4 regarding Personalized Ads, we may also collect information about your browsing history, search history, and information regarding your interaction with a particular website, application, or advertisement, including the Website. We may collect information regarding the websites, application, or advertisement you visited immediately before and after your use of the Website.
• Geolocation Information. We may collect information about where you are located, both generally and at the time you access the Website. For example, we may collect your mailing address or ascertain your approximate location from your IP address.
• Protected Class Information. Due to the specific nature of Company’s services, you may be asked to provide information about your gender, age, marital or family status, or citizenship.
• Biometric Information. We may collect information regarding your physiological, biological or behavioral characteristics, including injuries and other medical problems, and your medical history.
  Employment Information. We may collect information about your employment, employment history, or salary.
• Health Insurance Information. We may collect information about your health insurance, including whether you are receiving disability benefits; your insurance policy number or subscriber identification number, or any unique identifier assigned to you by an insurance company.
• Other Information. From time to time, we may collect other information from you, such as when you make a claim for a prize pursuant to a contest or other promotion run on the Website, when you request assistance through our customer service department, or when you voluntarily subscribe to promotions, reminders, or newsletters.  You will always be asked for your consent in advance of providing such other information, and we will not collect it without your permission.

3. How and when do we collect information about you?

Company gathers information about you through the following sources and means:

• When you enter or upload information to the Website. Company collects information you provide to us, content you make public, geolocation information, protected class information, biometric information, employment information, and health insurance information when you enter such information on a form on the Website (including during registration), sign up for newsletters or promotional material, enter contests, and otherwise interact with the Website.
• When you communicate with us. Company may also collect information you provide to us, content you make public, geolocation information, protected class information, biometric information, employment information, and health insurance information from you outside of the Website, such as when you contact our customer service department, email us (including any response to an email communication from Company), or communicate with Company via social media, such as by posting on a page hosted by Company or tagging Company in your own post. The information collected off the Website may be combined with that collected through the Website—for example, if you fill out a form on the Website and later call our customer service, the information from your call may be linked with your form.
• Through Cookies, tracking tools, and other automated technologies. When you use any website, certain information can be automatically collected through technological means. When you access the Website, your web browser automatically sends us device and internet connection information and certain internet activity information as described in Section 2.Company also uses Cookies and web beacon technology to gather device and internet connection information, internet activity information, geolocation information, and biometric information. “Cookies” are files that are placed on your computer or other device by websites you visit. The primary purpose of a Cookie is to identify you as a unique user of the Website. Company uses the following types of Cookies, some of which are placed by Third Parties, to customize your Internet experience, keep you logged into websites, remember your search terms, and advertise products or services to you:

• From Third Parties. Like many websites, Company uses Google services and Cookies to improve the Website.  As such, when you use the Website, your personal information may be shared with Google, and shared by Google with Company. You can learn more about how Google uses Cookies, and how to manage your Cookie preferences in your Internet browser by visiting the Google Cookie Policy.

As explained above, Company also uses pixels, tags, and Cookies set by our Third Party advertising partners to track your online behavior and provide Personalized Ads to you.

You can better learn about such Third-Party data collection and advertising practices, including how to revoke your consent to Personalized Ads, at the following websites:

www.youronlinechoices.com/uk/your-ad-choices   

www.networkadvertising.org/choices

www.aboutads.info/choices

4. How do we use your information?

Company may use the information we’ve gathered from you or your device, including through Cookies and Third Parties, for the following purposes:

• Business Purposes. When Company uses your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of the Company. The following are the Business Purposes for which we may use your information:

• Commercial Purposes. When Company uses your information for a “Commercial Purpose,” it means such use is intended to advance Company’s business interests, such as by inducing you to buy one of our products or services. The following are the Commercial Purposes for which we may use your information:

•  Scope and Legal Bases for Use. Company only processes your information to the extent that is necessary to accomplish the above-stated Business and Commercial Purposes, which serves as our legitimate interest.

5. How do we share your information?

Company may share your information with Third Parties for the following purposes:

• Business Purposes. When Company shares your information for a Business Purpose, it means such use is reasonably necessary and proportionate to achieve an operational purpose of the Company. The following are the Business Purposes for which we may share your information:

•  Commercial Purposes. When Company shares your information for a “Commercial Purpose,” it means such disclosure is intended to advance Company’s business interests, such as by advertising our products or services. The following are the Commercial Purposes for which we may share your information with Third Parties:

6. Do we sell your information to others?

Yes. Please take notice that your information may be sold to a Third Party. Company generates revenue by connecting our Third-Party partners with consumers who have expressed interest in their products and services.  In doing so, Company passes on the personal information of the interested consumers.

This type of business is called “lead generation,” and, under some laws and regulations, could be considered the “sale” of personal information. The categories of information that may be sold are:

• Information you provide to us
• Device/Internet Connection Information
• Internet Activity Information
• Geolocation Information
• Protected Class Information
• Biometric Information
• Employment Information
• Health Insurance Information

RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION

You have the right, at any time, to direct Company not to sell your information. You may do so by filling out the Do Not Sell My Personal Information form on the Website.

7. How do we protect your information?

Company, and the Third-Party vendors we use to store your information, employ technical, administrative, and physical security measures (such as SSL encryption and HTTPS protocol) that are designed to protect against the loss, misuse, and alteration of the information under our control. We regularly review our security procedures to consider appropriate new technology and methods.

However, no system can be completely secure.  Therefore, although we take steps to secure your information, we cannot promise, and you should not expect, that your personal and commercial information, or other communications, will always remain secure.

The safety and security of your information also depends on you. Never share your password with anyone else and notify us as soon as possible if you believe your account security has been breached.

8. How long do we keep your information?

Company will retain your information for the length of time necessary to fulfill the Business Purposes and Commercial Purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law or valid court order. If you request deletion of your information pursuant to Section 10, your request will be processed according to the timeframes indicated therein and/or pursuant to any applicable legislation.

9. Do we transfer your information to a different country?

If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using the Website, you authorize and specifically consent to the transfer of personal data to the United States and its storage and use as specified above when you provide such information to us.

10. What are your rights when it comes to accessing, correcting, or deleting your information, and how can you exercise them?

You may access all information we’ve collected and retained about you for purposes of correcting, amending, downloading, or deleting such information. Access can be obtained by logging into your account, filling out a Privacy Request, or contacting us at privacy@diablomedia.com.

To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access, making corrections, providing you with information, or deleting information.

• Access and Correction
  The easiest way to access and correct the personal information we have collected about you is to log into your account. In the alternative, you may fill out a Privacy Request, or contact us at privacy@diablomedia.com.
• Right to Request Disclosure
  You have the right to request that Company disclose the following to you:
  • The categories of personal information we have collected about you;
  • The categories of sources from which the personal information is collected;
  • The business or commercial purpose for collecting or selling personal information;
  • The categories of third parties with whom we share personal information; and
  • The specific pieces of personal information we have collected about you.
• To request such a disclosure, please fill out a Privacy Request, or contact us at privacy@diablomedia.com.

• Right to Request Deletion
  You have the right to request that Company delete any personal information about the you which we have collected from you. To make such a request, please fill out a Privacy Request, or contact us at privacy@diablomedia.com.
• California Shine the Light Disclosure
  Under California’s “Shine the Light” law, California residents who provide personal information to the Website may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please fill out a Privacy Request, or contact us at privacy@diablomedia.com.
• Cal. Bus. & Prof. Code § 22581 Disclosure
  If you are a California resident under the age of 18, and a registered user of any Website where this Privacy Policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please fill out a Privacy Request, or contact us at privacy@diablomedia.com with a detailed description of the specific content or information. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
• RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION
  You have the right, at any time, to direct Company not to sell your information. You may do so by filling out the Do Not Sell My Personal Information form on the Website.

11. How do we protect the privacy of children?

• No Users Under 13
  Company will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to Third Parties. We have designed this policy in order to comply with the Children’s Online Privacy Protection Act (COPPA).
• Right to Opt In For Users 13 to 16
  Company will never sell the personal information of users if we have actual knowledge that the user is less than 16 years of age, unless (in the case of consumers between 13 and 16 years of age) the user has affirmatively authorized the sale of their personal information.
• Cal. Bus. & Prof. Code § 22581 Disclosure
  If you are a California resident under the age of 18, and a registered user of any Website where this Privacy Policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please fill out a Privacy Request, or contact us at privacy@diablomedia.com with a detailed description of the specific content or information. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

12. How can you receive and opt-out from marketing communications?

By providing your email address to Company through the Website or an email initiated by you, you consent to receive emails from us, including information concerning your account and advertising messages. Depending upon your location, we may obtain additional consent from you via a checkbox disclosure or an email requesting confirmation before you can receive such information.

Providing consent to promotional emails is NOT a condition of purchasing any goods or services from Company. You can unsubscribe to advertising emails at any time by clicking the unsubscribe link within the email, using this form or by contacting us at privacy@diablomedia.com. Please note that, even if you unsubscribe from advertising emails, we will still send you any necessary, non-promotional emails about your purchase, account, or updates to our Privacy Policy and Terms of Service.

13. Do we respond to Do Not Track (DNT) Signals?

DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked.  Company does not currently respond to DNT requests.

14. How will you know when we change the Privacy Policy?

Each time you use the Website, the then-current version of this Privacy Policy will apply.  Although most changes are likely to be minor, we reserve the right to modify this Privacy Policy by posting such modification on this page; however, if changes are significant, we may provide a more prominent notice or email you. Depending upon your location, we may obtain additional consent from you via a checkbox disclosure or an email requesting consent before you can continue to use the Website.

Unless we receive your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier version.

15. How can you contact us regarding this Privacy Policy?

You can contact us through this form or via email at privacy@diablomedia.com. In this case, your information transmitted by email will be stored. If needed, your information will be relayed to our Third Party partners to for the sole purpose of processing any request by you in the communication.