DIABLO MEDIA, LLC, and each of its related web sites (“Diablo Media”) Privacy Policy

Last Updated: November 5, 2012

This Privacy Policy outlines important information regarding the use and disclosure of information collected via this Website. Diablo Media provides this Privacy Policy to help users make an informed decision as to whether to use or continue using the Website.

PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. DIABLO MEDIA DOES NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY PLEASE DO NOT PROVIDE ANY INFORMATION TO DIABLO MEDIA OR USE THE WEBSITE OR ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEB SITES REFERRED IN THIS PRIVACY POLICY.

Diablo Media operates DiabloMedia.com in order to provide advertising and marketing services over the internet to publishers, advertisers and other clients. Diablo Media (“we,” “us,” “our”) refers to the company and “you” (“yours”) refers to visitors of DiabloMedia.com and our affiliated sites.

Diablo Media is the sole owner of the content and resources provided by our website, as well as the information collected by the website. Visitor information is collected at various points on DiabloMedia.com. Information is collected through contact forms and applications and may be used to contact visitors if we require extra information to process your requests.

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 personally identifiable information from a child under the age of 13, Diablo will immediately delete such information from its database. Because Diablo does not collect personally identifiable information from children under the age of 13, Diablo 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).

Information Collection

(a) Traffic Data. Like most website operators, Diablo automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of computers accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
(b) Ad Serving. Diablo uses third-parties for advertising and analytics for pages that we host. These third-parties may place Cookies on your machine, use web beacons, gather IP addresses and log data to collect traffic and activity data to send to the United States in order to deliver relevant metrics, content, and advertising.
(c) Advertiser and Publisher Application Information. To enroll in our Services, you are required to become an advertiser or publisher to receive appropriate information. You will be asked to provide Diablo certain information that personally identifies you and/or your company (“Personal Information”). Personal Information includes, without limitation: (1) “Contact Data” (such as your name, phone number, fax number, mailing address e-mail address, and website URLs) and (2) “Financial Data” (such as your credit/debit card number and expiration date). In each case, you will be asked to provide information; the Website will not gather it surreptitiously. The information revealed in an application is stored safely on the company’s information databases and is never accessed by unauthorized third parties. Diablo may supplement the information you provide with additional Personal Information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to Diablo. An application must be completed in full in order to be accepted. Applicants who do not meet specific criteria will not be approved or admitted into the affiliate network. If you do not wish to submit your personal information, please do not complete or send an application. You are under no obligation to provide your information, with the caveat that your refusal to do so may prevent you from using certain of the Services. Applying as either advertiser or publisher does not guarantee approval and is subject to review.

Information Disclosure

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.
(a) Disclosure in Connection with Services. Some customer information may be shared with our advertising partners in order to provide a better user experience. Diablo also discloses Personal Information to those who help it provide services, including without limitation those who perform technical, administrative, and data processing tasks such as hosting, billing, fulfillment, and data storage and security.
(b) By Law or to Protect Rights. Diablo discloses Personal 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.
(c) Business Transfers; Bankruptcy. Diablo reserves the right to transfer all Personal 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 transferred Personal 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. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by Diablo’s successor organization.
(d) Unpaid Accounts. If you fail to pay any balance owed in consideration of services, Ddiablo may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.

Cookie Policy

“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 Cookies.

Diablo uses cookies on the Website for the following purposes:

  • to customize your experience on the Website to your interests
  • to ensure that you do not see the same advertisements or informational messages repeatedly, and to store your password so you do not have to re-enter it each time you visit the Website.

IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

You can learn more about how to delete or control cookies at www.aboutcookies.org.

Consent to receive email from Diablo

By registering with the Website and enrolling in the Services, you thereby consent to receive periodic email communications regarding the services. As part of registration, you may also elect to receive periodic email communications regarding special offers and other promotions (collectively, “Special Offers”). You may opt-out of receiving Special Offers at any time by (a) following the unsubscribe instructions contained in each Special Offer.

Security of personal information

Diablo has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of your Personal Information.

Lost or stolen information

You must promptly notify us if your credit, bank, other financial institution information, user name or password is lost, stolen or used without permission. In such an event, we will remove your account information, user name, or password from your account, and update our records accordingly.

User ability to access, update, and correct personal information

Diablo wants your Personal Information to be complete and accurate. As stated in the Terms and Condition, by using the Website, You represent and warrant that all information you provide in connection with your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to, your Personal Information, please send correspondence to privacy@diablomedia.com.

Notification of Changes

The privacy policy may be changed at any time and without notice. Changes made to the privacy policy will be effective immediately upon posting. Although we take every effort to ensure the accuracy of our content, we do not guarantee that the information provided by this website is timely or accurate. Changes may be made to any area of the website without prior notification. However, all changes will be made in accordance with our privacy policy and general business practices.

Third party websites

Diablo neither owns nor controls Third Party Websites. Accordingly, Third Party Websites are under no obligation to comply with this Privacy Policy. Before visiting or providing Personal Information to a Third Party Website, you should inform yourself of the privacy policies and practices (if any) of that Third Party Website, and should take those steps necessary to, in your discretion, protect your privacy.

Promotional activities

From time to time, Diablo may conduct contests, giveaways, and other promotions (collectively, “Promotional Activities”). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Diablo may also ask you to participate in surveys designed to help Diablo improve the Websites or Services. Any Personal Information provided to Diablo in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

Updates and changes to privacy policy

Although most changes are likely to be minor, Diablo reserves the right, at any time and without notice, to add to, update, change or modify this Privacy Policy, simply by posting such update, change, or modification on this page. Any such addition, update, change or modification will be effective immediately upon posting on the Website. Each time you use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time you use the Website You should check the date of this Privacy Policy (which appears at the end) and review any changes since the last time you used the Website. 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.

Contact

If you have questions or concerns regarding the privacy policy, you can send correspondence to privacy@diablomedia.com.

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