Privacy Policy

PURPOSE OF THIS PRIVACY POLICY

Our privacy policy ("Privacy Policy") explains how the Diamond Standard Companies (“DSC,” “we,” “us,” “our”) and some of the companies we may work with collect, use, or disclose Personal Information and data we receive through your use of our website, mobile applications, and any other online services we offer (collectively, the “Services”). The policy also gives you choices about the collection and use of your information. Please read this Privacy Policy carefully before you start to use our Services.

By using the Services, you agree to be bound and abide by our Terms of Use and this Privacy Policy. If you do not agree to the Terms of Use and our Privacy Policy, or if you violate them in any way, your right to access or use the Services will be terminated. Please see the Terms of Use for restrictions on your legal rights in any dispute involving our Services, Terms of Use or Privacy Policy.

We are committed to ensuring that your personal information is used responsibly and transparently. In accordance with this commitment, we want to clarify our approach to sending transactional SMS messages. These text messages will only be sent for transactions and not promotional purposes. These text messages will only be sent once triggered by a customer, i.e. when getting a verification code or getting a link to access their account. These messages are automated and may include verification codes, transaction confirmations and password resets. Your consent for transactional SMS is given when providing your phone number for account creation. By using our Services, you acknowledge and agree to receive these transactional SMS messages as described.

You understand that we may revise and update this Privacy Policy from time to time in our sole discretion. Where appropriate, we may seek to provide advance notice before an updated Privacy Policy becomes effective. You agree that we may notify you of the updated Privacy Policy by posting it through the Services (such as on our website), and that your use of the Services after the effective date of the updated Privacy Policy (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Privacy Policy. It is your responsibility to check the Privacy Policy posted on the Services periodically so that you are aware of any changes, as they are binding on you. By using the Services, you represent and warrant that you are over the age of 18 years old and capable of entering into a binding contract with DSC and meet all of the eligibility requirements in the Terms of Use.

PRIVACY OFFICER

We have appointed a Privacy Officer for the purposes of compliance with the Bermuda Personal Information and Protection Act 2016. The Privacy Officer is accountable for the protection of your Personal Information and for overseeing any queries in relation to this Privacy Policy. If you have any queries with respect to this Privacy Policy please contact us at support@diamondstandard.co.

INFORMATION WE MAY COLLECT

We may collect the following types of Personal Information:

Information you voluntarily provide:

• Personal Information – Username and password (examples of Personal Information include your name, email address, address, and phone number).
• Payment information – If you use the Service to make or receive payments, we will also collect certain payment information, such as Ether, wallet, credit card, PayPal or other financial account information, and billing address. DSC is not responsible for any harm that may occur as a result of you providing inaccurate payment information.
• User Contributions Information – Information you provide to post to the Services (e.g., photos, comments, and other materials) along with any information you provide about yourself and the content. Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information ("User Contributions").
• Communications between you and DSC – For example, we may send you emails regarding DSC, payment confirmations, the Services, or technical and security notices. Note that you may not be able to opt out of certain Services-related e-mails.

Information that is passively collected:

• Analytics information – We may use third-party analytics tools to help us measure traffic, usage, and sales trends by your use of our Services. These tools collect information sent by your device or the Services, including the web pages you visit, add-ons, and other information that assists us in improving the Services. This analytical information is not covered by this policy because it does not identify any particular individual.
• Cookies and similar technologies – When you visit the Services, we may use “cookies” which are small files stored as text on a computer hard drive. These “cookies” and other similar technologies like pixels, web beacons (also known as “clear GIFs”) and local storage may be used to collect information about how you use the Services and provide features to you. We may also ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party. If a visitor does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, however, you acknowledge that some browsers or web pages may not have opt-out functionalities and you use them at your own risk. We may share non- personal identifying information obtained via cookies with our advertisers and affiliates.
• Mobile Device Unique Identifier – When you use a mobile device to connect to our Services via a service provider that uniquely identifies your mobile device, we may use this unique identifier to offer you extended services and/or functionality. Certain Services may require the collection of your mobile phone number. We may associate that mobile phone number with the mobile device unique identifier.
• Physical location information – Depending on the Services you use or when you download our mobile applications, we may use and store GPS, WiFi and/or cell tower information relating to your device, in combination with other location-based information such as your IP address, your billing postal code provided by your carrier, or your registration location, to provide enhanced location- based services, and to serve location-targeted advertising, search results, and other content. This information may be collected when our mobile application or some other Services may be running in the foreground (on- screen use) or background (off-screen use) of your device. Such information may also be collected through your purchase and use of Tokens to assist us in determining where transactions take place and to better track the use of Tokens and the utilities for which they are used.
• Log file information – Log file information may be automatically reported by your browser each time you make a request to access (i.e., visit) the Services. It can also be provided when the content of the Services is downloaded to your browser or device. When you use the Services, our servers may automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Services.
• Metadata – Metadata is usually technical data that is associated with User Contributions. For example, Metadata can indicate how, when and by whom a User Contribution was collected and how that content is formatted. Metadata associated with certain types of User Contributions, such as pictures, may also include location information about where the content was recorded (i.e., geotags).
• Information received from third parties – We may receive information about you, including Personal Information, from third parties such as social networking websites (subject to their representation that they have a legal right to share such information), to supplement the information we maintain about you. If we do so, this policy governs any combined information that we maintain in personally identifiable format.
• Additional Information – We may require that you provide to us, or to our nominee, immediately upon request, information that we, in our sole discretion, deem to be required to maintain compliance with any federal, state, local, domestic or foreign law, regulation or policy, including any “Know Your Customer” requirements and policies. Such information may include a passport, driver’s license, utility bill, photograph of you, government identification cards or sworn statements, and we, or our nominee, may keep a copy of such information for our records. We may determine, in our sole discretion, that it is necessary to obtain certain information about you in order to comply with applicable laws or regulations in connection with selling Tokens to you. You agree to provide us such information promptly upon request, and you acknowledge that we may refuse to sell Tokens to you until you provide such requested information and we have determined that it is permissible to sell you Tokens under any applicable laws or regulations.
• Aggregated Data Information – We may use aggregate statistical information about your activity, including your activity on the DSC website or platform and logins to various websites, for marketing or any other purpose in our sole discretion. We may use your internet protocol address to verify your purchase of Tokens. However, we will not release your Personal Information to any third party without your consent, except as not prohibited by law or as set forth in these Terms, the Terms of Use, our Privacy Policy or any other DSC terms, conditions and/or policies.

We do not collect any Sensitive Personal Information about you.

INFORMATION ABOUT CRIMINAL CONVICTIONS

When you register for or otherwise use our Services, we may receive information about your criminal convictions when we perform certain verification or compliance checks in accordance with applicable anti-money laundering and anti-terrorist financing laws and regulations. We carry out these checks in order to detect or prevent any unlawful or fraudulent acts and to comply with our legal obligations.

IF YOU FAIL TO PROVIDE PERSONAL INFORMATION

Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. We will notify you if this is the case at the time.

HOW WE USE YOUR PERSONAL INFORMATION

We will only use your Personal Information when the applicable law allows us to. Most commonly, we will use your Personal Information in the following circumstances:

• Provide you with customer support;
• Comply with third party contracts;
• Help you efficiently access your information after you sign in;
• Remember information so you will not have to re-enter it during your visit or the next time you visit the Services;
• Provide personalized content and information to you and others, which could include online ads or other forms of marketing;
• Provide, improve, test, and monitor the effectiveness of the Services;
• Develop and test new products and features;
• Monitor metrics such as total number of visitors, traffic, and demographic patterns;
• Diagnose or fix technology problems; or
• We may use Personal Information for any purpose otherwise allowed by applicable law.

You have the right to withdraw consent to marketing, advertising or public relations at any time by contacting us at support@diamondstandard.co.

CHANGE OF PURPOSE

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at support@diamondstandard.co.

Please note that we may process your Personal Information without your knowledge or consent where this is required or permitted by law.

HOW WE SHARE YOUR PERSONAL INFORMATION

SHARING WITH THIRD PARTIES

We are not in the business of selling Personal Information about our users to third parties without your consent, except as noted in this Privacy Policy.

Parties with whom we may share your information:

• Third Party Affiliates – We may either employ or partner with third party companies for the purposes of advertising, facilitating, or enhancing our Services. In order for these third party companies to carry out their services, your Personal Information and other data collected may be shared with these third party companies (including, without limitation, maintenance services, database management, web analytics and improvement of our Services). Any transfers of your Personal Information to third parties shall be in accordance with any applicable laws and/or regulation.
• Government, Regulatory Agencies, Courts, and Law Enforcement – We will access, preserve, and share any information about you, without your consent, to government or law enforcement officials or private parties as we in good faith believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to comply with applicable laws, to protect the property and rights of DSC, you or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to pose a risk of being, or is illegal, unethical or legally actionable. 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. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of audits, inquiries or investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
• Parties with whom you may choose to share your User Contributions – If you voluntarily share or submit any information (e.g., name) or content (e.g., picture), or commentary (e.g., forums, message boards, chats) for posting to the Services, or link it to any social media platforms, that post and any content or information associated with it may become available to the public.

OTHER WEBSITES AND SERVICES

The Services may contain links to other websites or services that we do not own or operate. We are not responsible for the practices employed by any websites or services linked to or from the Services, including the information or content contained within them. Your browsing and interaction on any third-party website or service, including those that have a link on our Services, are subject to that third party’s own rules and policies, not ours. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Contributions. If you are using a third-party website or service and you allow them to access your User Contributions you do so at your own risk.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We protect your Personal Information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorisation controls. Sometimes in order to better secure your information and use it for the purposes contemplated by this Privacy Policy, certain Personal Information may be stored with our third party partners and service providers. All of our physical, electronic and procedural safeguards are designed to comply with applicable laws and regulations.

In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

HOW WE STORE YOUR INFORMATION

By registering for and using the Services you consent to the transfer of information to anywhere, including outside of the United States, where the Services or its service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. Although we implement reasonable administrative, physical and electronic security measures designed to protect your Personal Information from unauthorized access, we cannot ensure the security of any information you transmit to or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information. To the extent the law of your jurisdiction allows for notification of a breach via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.

WHAT HAPPENS IN THE EVENT OF A CHANGE OF CONTROL

We may share all or some of your Personal Information with any of our subsidiaries, joint ventures, affiliates or other companies under common control to be used in a manner consistent with this Privacy Policy. Additionally, in the event we go through or undergo due diligence in anticipation of a business transition such as a merger, amalgamation, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires such Personal Information by transfer may continue to process your Personal Information as set forth in this Privacy Policy. If we transfer part or the whole of DSC or our assets to another organization, your information such as name and email address, User Contributions and any other information DSC has collected may be among the items transferred. You will continue to own your User Contributions. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

DATA RETENTION

We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. For example, if you want to end your user agreement with Diamond Standard, know that we are required by law to retain certain information you have provided for a number of years.

For further details of retention periods for different aspects of your Personal Information please contact us at support@diamondstandard.co.

YOUR CHOICES ABOUT YOUR INFORMATION

Under certain circumstances, you have rights under data protection laws in relation to your Personal Information, including:

• Right to request a copy of your Personal Information;
• Right to request your Personal Information to be destroyed or erased;
• Right to request correction of your Personal Information; and
• Right to withdraw consent of your person being used.

If you wish to exercise any of the rights set out above, please contact us at support@diamondstandard.co.

Your account information and profile/privacy settings:

• Text messaging - You may opt-out of receiving text messages by replying “STOP” to any text message received.
• Emails - In all promotional emails, you will be given the opportunity to opt-out of receiving such messages in the future by clicking on the link at the bottom of the email that will allow you to unsubscribe. Please note, we reserve the right to send you Services-related communications (e.g., account verification, payment confirmations, technical and security notices) that you may not opt-out of. Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important email communications without offering you the opportunity to opt-out of receiving them, such as customer service announcements and administrative notices.
• Cookies - If a visitor does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies. You acknowledge, however, that some browsers or web pages may not give you the option to reject cookies, and you use them at your own risk.
• Mobile device unique identifier - Unless you choose to opt out, we may also share your mobile phone number with certain select third parties. You can opt out by changing the privacy settings on your cell phone.

NO FEE USUALLY REQUIRED

We may charge you a fee not exceeding the prescribed maximum for access to your Personal Information, except where any such request results in the correction of an error or omission in the Personal Information about the individual that is under our control. You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within 45 days. Occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated of timings.

CHILDREN’S PRIVACY

Unfortunately, if you’re under the age of 18 years old, you can’t use Diamond Standard. We do not knowingly solicit or collect information from anyone under the age of 18 years old. If we become aware that a person under the age of 18 years old has provided us with Personal Information, we will delete it immediately.

INTERNATIONAL CONSIDERATIONS

We have developed data practices designed to assure information is appropriately protected but we cannot always know where Personal Information may be accessed or processed. While our primary data centers are in the United States we may transfer Personal Information or other information to our offices outside of the United States. In addition, we may employ other companies and individuals to perform functions on our behalf. If we disclose Personal Information to a third party or to our employees outside of United States we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy and the requirements of any applicable privacy laws. If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Information, including sensitive data, by us from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy.

HOW TO CONTACT US

Please direct questions or concerns about this Privacy Policy or the Services to DSC at support@diamondstandard.co.

GLOSSARY