Privacy Policy

Welcome to DiabloMedia.com. This privacy policy (“Privacy Policy”) outlines how Diablo Media, LLC (“Diablo,” “Company,” “we,” “our,” or “us”) collects, uses, shares, and protects information when you (“you” or “your”) use DiabloMedia.com or any of our related websites where this Privacy Policy is posted (collectively, the “Website”). Please review this Privacy Policy carefully as it contains important information regarding the use and disclosure of information collected through the Website. By using our Website, you agree to these privacy practices; if you do not agree to these terms, you may not use the Website.

Any information provided to or gathered by Diablo is controlled by:

Diablo Media, LLC
3001 Brighton Blvd Suite 769
Denver, CO 80216
United States

California Data Broker Disclosures.

Use of Our Website and Services

Although certain areas of the Website can be accessed by visitors generally, access to our services is not provided to the general public. Only persons or entities that are eligible to enter into further agreement(s) with us, such as advertisers and affiliates (collectively, our “Clients”) may, with our permission, access non-public areas of our Website. All such Clients are businesses and only adults may access our services.

Information 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.

We may collect the below categories of information:

• Information You Provide to Us. We collect information from you when you voluntarily register with Diablo and/or submit your information to us over the Website or through a written Client Agreement. Such information may include an individual or company’s name, email address, telephone number(s), fax number(s), mailing address, and website URLs.
• Payment Information. If you enroll as a Client, we may gather payment information from you. Such information may include your credit card number, debit card number, and expiration date.
• Internet, Device, and Network Activity Information. When you use the Website, we automatically gather information made available by your web browser, internet service provider, and the device you use (depending on your settings for each). For example, we may collect your IP address, domain server, devise information, and information about when you access the Website. Additionally, we may automatically gather information about your browsing history, search history, and information regarding your interaction with 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 ascertain your approximate location from your IP address.
• Other Information. Diablo may supplement the information you provide with additional information gathered from public sources or from third parties (e.g., performance metrics) who may lawfully provide such information to Diablo. Additionally, we may collect information when we conduct surveys or run contests, giveaways, and/or other promotions (collectively, “Promotional
  Activities”).

How and When Information Is Collected

Diablo may collect information about you, including the categories outlined above, in different instances, including:

• When you enter or upload information to the Website. We collect information you provide, including when you apply to enroll as an advertiser or publisher or purchase our services.
• When you provide information outside of the Website. This Privacy Policy specifically applies to information collected from you through the Website; however, there are circumstances when you provide information outside of the Website, including:
  • When you enter into a written Agreement with Company, such as a Client agreement
    (“Agreement”);
  • When you meet us at a trade show or other event and give us your contact information or sign up to receive emails or other promotional correspondence;
  • When you interact with us through off-Website social media or instant messaging
    platforms; and
  • When you reach out to us or visit our offices as an existing or prospective Client.

  Diablo makes no effort to segregate information collected on the Website from information collected elsewhere. Accordingly, information collected on the Website may be combined with information collected through other avenues.

• When you communicate with us. We collect information from your communications, such as when you email us, contact our customer service, or communicate via social media.
• From third parties. Diablo may use third party services for advertising and analytics for the pages that we host. These third parties may place cookies on your device, use web beacons, gather IP addresses, and log data to collect traffic and activity data in order to deliver relevant metrics, content, and advertising.
• Through cookies, tracking tools, and other automated technologies. When you access the Website, your web browser automatically sends us device and internet connection information as well as certain internet activity information as described above. “Cookies” are text files that are placed on your computer by websites that you visit or certain emails that you open. A cookie acts as a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the website. The purpose of a cookie is to identify the user as a unique user of the website.

Diablo uses functional cookies, some of which may be placed by third parties, to customize your experience on the Website. Cookies allow us to:

• Authenticate and identify you on our Website so we can provide you the services you request;
• Keep track of information you have provided;
• Store your preferences ; and/or
• Measure your use of our web pages so that we can improve them and tailor our Website to your interests.

We may also use Google cookies and tools, such as Google Analytics, on our Website to collect usage data, analyze how users use the Website, and provide advertisements to you on other websites. For more information about how to opt out of this practice, visit the Google Analytics Opt-Out Add On page.

You can change your cookie settings in your internet browser and use preferences or settings on your device to manage your privacy controls. However, if you disable cookies or other tools, some of the features of the Website may not function correctly. For more information, see https://www.allaboutcookies.org/; and to learn more about targeted advertising, including how to revoke consent and disable tools and how to opt out of third- party cookies and collection of mobile device IDs, see below and the links here and here.

How We Use Your Information

We may use the information identified above for certain “business purposes” that are necessary to provide the Website and related services. We may also use your information for “commercial purposes,” meaning the use advances our business interests, such as marketing the Website.

The following are business and commercial purposes for which we may use your information:

• To secure the Website and related purposes, such as by detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and identifying and prosecuting those responsible for that activity.
• To fulfill our Agreements with you.
• To improve the Website and the services we offer, including by considering analytics, demographics, and user feedback to improve or repair the Website.
• To improve your experience on the Website, such as by using cookies to allow you to set personal preferences when using the Website, and to make it so you don’t have to re-enter the same information when you visit the Website several times in a short timeframe.
• To communicate with you, such as by responding to your emails and notifying you of updates to our Privacy Policy.
• To advertise public content to others, such as by sharing your reviews about us.

How Your Information is Disclosed

We make all efforts to effectively store, protect and preserve your privacy and personal information. Except under the following circumstances, Diablo will keep your personal information private, and will not share it with third parties.

We may share your information in the following circumstances:

• Disclosure Pursuant to Agreement. If you enter into an Agreement with us, we may share your information with other Clients as authorized in the Agreement or as reasonably necessary for us to perform our share of the services under the Agreement. For example, if you are an advertiser, we may disclose your name and offer details to our affiliates.
• Disclosure in Connection with Services. Diablo discloses information to third parties who help to provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
• By Law or to Protect Rights. Diablo discloses information when required to do so by law, or in response to a subpoena or court order, or when Diablo believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Diablo, third parties or the public at large.
• Business Transfers; Bankruptcy. Diablo reserves the right to transfer all information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Diablo’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all information will be subject to this
  Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and an opportunity to affirmatively opt-out of it. Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Diablo’s successor organization.
• Unpaid Accounts. If you fail to pay any balance owed in consideration of services, Diablo may, as permitted by law, report your information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.

Sale of Information

Diablo does not sell, and has not sold during the last 12 months, any consumer personal information gathered through this Website.

How Long Do We Keep Your Information?

We retain your information for has long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law or a valid court order.

Security of Information

We understand that the security of your information is important. Diablo has implemented and maintains reasonable and appropriate security procedures and practices to protect against the unauthorized access, use, modification, destruction, or disclosure of your information.

You should note that the security of your personal information also depends on you. Please do not communicate any information to us through unsecured channels, such as when you are in public areas. Where we have provided you or you have chosen a password, access code, or similar security feature, you must keep the password, access code or security feature confidential. Please do not share your password with anyone. If you believe your password or account has been compromised, please contact us immediately at privacy@diablomedia.com.

Please note that the transmission of information via the Internet or other means of communication is not completely secure. Although we take reasonable measures to secure your information, we cannot guarantee the security of your information transmitted to our Website or through other means of communication. Any transmission of information is at your own risk. We are not responsible for the circumvention of any privacy setting or security measures contained on any of our systems, including but not limited to our Website.

Storing Your Information

If you are visiting the Website, 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 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.

Privacy Rights

Process for Making a Request

To make a privacy request regarding your personal information, please contact us as outlined below with your name and either your email address or physical address associated with your use of the Website. If you are making a privacy request through an authorized agent, please also provide the agent’s name and email address and statement of authorization. If we need additional information to verify your identity or process your request, we will promptly respond to you. Under certain privacy laws, consumers have specific privacy rights, as outlined below.

California Residents

California consumers have the following rights under California privacy laws:

• Right to access and correct your personal information;
• Right to request disclosure of the categories of information collected about you, the categories of sources from which the information is collected, the business or commercial purpose for collecting or selling information, the categories of third parties with whom we share your information, and specific pieces of information we have collected about you;
• Right to opt out of certain privacy practices, including any sale of information;
• Right to request deletion of personal information collected about you; and
• Right to no discriminatory treatment (and Company will not discriminate against you, for example by charging you a different price, for exercising your rights).

In addition, under California’s “Shine the Light” law, California residents who provide information to the Website may request certain information regarding our disclosure of your information to third parties for their direct marketing purposes.

Nevada Residents

Nevada consumers have the right to request that Company not sell their personal information for monetary consideration to certain other parties.  This right applies even if their personal information is not currently being sold.  If you wish to make a request, please contact us.

California Data Broker Disclosures

Diablo Media is a registered data broker and is required under certain privacy laws to report the following, which pertain to requests to delete, to know, to access, to opt-out of sale or sharing, or to limit the use of a consumer’s personal information received from California consumers only (each a “Request”):

Children’s Privacy

Diablo does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Diablo obtains actual knowledge that it has collected such information, that information will be immediately deleted from our database. Because Diablo does not collect such information it has no such information to use or disclose to third parties. Diablo has designed this Privacy Policy in order to comply with the Children’s Online Privacy Protection Act (COPPA).

Emails from Diablo

By providing your email address to Diablo either directly through an email initiated by you or through the Website, 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 if required. Providing consent to promotional emails is NOT a condition of engaging in services with Diablo. You can unsubscribe to advertising emails at any time by clicking the unsubscribe link within the email, or by contacting us at our email address below. 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.

Third Party Websites

Our Website may contain links to websites operated and maintained by third parties. We do not make any guarantees, promises, or warranties regarding any third-party websites or content, we do not control third parties and have no responsibility for third parties, and your use of such third-party websites is at your own risk. This Privacy Policy does not apply to such third-party websites. You should always read the privacy policy of a linked website before disclosing your information.

Do Not Track (“DNT”)

DNT is a feature offered by some browsers which, when enabled, send a signal to websites to request that your browsing is not tracked. We do not respond to DNT requests.

Updates and Changes to the Privacy Policy

Diablo reserves the right, at any time and without notice, to update this Privacy Policy, simply by posting the new version of the Privacy Policy on the Website. New versions of the Privacy Policy will be effective immediately upon posting to the Website. Each time you use the Website, the then-current version of this Privacy Policy will apply. Depending upon your location, we may obtain additional consent from you if required. Accordingly, each time you use the Website you should check the date of this Privacy Policy and review any changes since your last visit. Unless Diablo obtains 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 Privacy Policy.

Contacting Us

Diablo Media, LLC controls the information and data provided to and collected by us. If you would like to access, correct, amend, or delete any information we have about you, make a complaint, or simply want more information, please contact us at privacy@diablomedia.com or fill out our Privacy Request Form.