Last modified: March 7, 2024
About Us
We take privacy seriously at Diamond Kinetics, Inc. (“Diamond Kinetics”, “we”, “our” and “us”) and this policy is designed to tell you what information we collect and how we use it. Please review this policy from time to time as we may make changes. It forms part of our terms of service and explains your rights and responsibilities when using our services. If you have any questions please contact us at privacy@diamondkinetics.com.
This policy applies to information we collect, use, share, update and secure Personal Information in connection with our technology-enabled platforms, websites, mobile applications and related online and offline services (collectively, the “Services”) which provide electronic content, functionality, features and applications to our users (“Users” or “you”).
It does not apply to information collected by:
Please read this policy carefully before you start to use our Services to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to be bound by this privacy policy as well as our Terms of Use, Terms of Service, and Membership Terms and other applicable terms (collectively, the “Terms”). This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Children Under the Age of 13
Our Services are intended for a general audience and are not directed toward children under the age of 13. Users cannot be under 13 and must be of legal age to accept our Terms. No one under age 13 may provide any Personal Information to or on the Services. We do not knowingly collect Personal Information from children under 13 without express parental consent. If you are under 13, do not use or provide any Personal Information to or on the Services or through any of its features, register for the Services, make any purchases through the Services, use any of the interactive or public comment features of the Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you are a parent or guardian and provide your child’s Personal Information, you expressly consent to use of such Personal Information as contemplated by for the Services and provided under the Terms. If you believe we might have any unauthorized information about your child, please contact us at privacy@diamondkinetics.com. We urge parents and guardians to monitor their children’s use of all digital media.
If you are a California resident under the age of 18, do not share any Personal Information on any public content channel provided through the Services. If you do post any such information, you can request removal by contacting us as provided below.
What Kind of Information is Collected?
There are three types of data that websites and apps can collect about their users. The first one is called Personal Information. This is personally identifiable information that identifies a user as an individual (“Personal Information”). Most of the Personal Information we maintain is received directly from our Users. Depending on the circumstance Diamond Kinetics collects a variety of Personal Information that may include your name, email address and password, mailing address, telephone number, gender, birthdate and payment related information (including mailing address and telephone number), and any other identifier by which you may be contacted online or offline.
The second type is non-Personal Information which doesn’t directly identify an individual or which may have been personally identifiable information but it has had the personally identifiable content removed. Diamond Kinetics may collect non-Personal Information about the use of the Diamond Kinetics website and apps to help us improve our services.
The third type is information about your internet connection, the equipment you use to access our Services, and usage details.
Information You Provide to Us
The information we collect on or through our Services may include:
You also may provide information as well as pictures, audio, video and other content to be published or displayed (hereinafter, “posted”) on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, “User Content”). Your User Content are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other Users of the Services with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
If you provide us with information regarding another individual, you represent that you have that person’s consent or any other legally-required consent to provide us such Personal Information and to permit us to use such Personal Information in accordance with our Terms.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically may include Personal Information. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see How We Use Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information, for purposes allowed by applicable laws, including:
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
In addition to collecting Personal Information as described above, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify information so it no longer identifies you. We can aggregate and use such information to engage in analytics, marketing and other activities in a manner that does not use Personal Information and therefore not subject to our Terms.
We may combine certain Personal Information and non-Personal Information collected online and offline, including information collected from third parties, in which case it is treated as Personal Information. We may also collect or convert information to an anonymized or aggregate format, in which case it is not Personal Information, and may be used or shared for many purposes such as research, analysis, modeling, marketing, and improvement of our Services.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Information that we collect or you provide as described in our Terms:
To contractors, service providers, and other third parties we use to support our business, such as payment processors, web hosting and data storage service providers, data storage service providers, marketing service providers, and communications service providers.
We may also disclose your Personal Information:
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Residents of certain states, such as California may have additional Personal Information rights and choices. Please see Your State Privacy Rights.
How To Update Or Remove Your Information
Diamond Kinetics keeps your content for as long as necessary in providing the services. If you want to opt out of services, review your information or delete your information please contact us at privacy@diamondkinetics.com.We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Residents of certain states, such as California, may have additional Personal Information rights and choices. Please see Your State Privacy Rights for more information.
We may refuse requests that are unreasonably repetitive, require disproportionate technical efforts, risk the privacy of others or are impractical. After terminating your account, or updating or deleting any of your information, we may retain residual copies on our servers and back-up systems to the extent permitted by law.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information.
Residents of California, Virginia, Colorado, Utah and Connecticut
This Section is provided specifically for California, Virginia, Colorado, Utah and Connecticut residents. In addition to the disclosures provided in this Policy, if you are a California or Virginia resident you can exercise certain additional rights regarding your Personal Information:
You may request a copy of the following: (1) the categories of Personal Information we collected about you; (2) the categories of sources from which the Personal Information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (4) the categories of third parties with whom we shared Personal Information, and the categories of Personal Information shared; and (5) the specific pieces of your Personal Information that we have collected, used, disclosed, or sold.
You may request that we (and our service providers) correct your Personal Information if it is inaccurate or delete your Personal Information. Note that deletion requests are subject to certain limitations, for example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for certain other internal business purposes described in our Terms.
If you have an account with us, you may access certain Personal Information (such as profile and transaction information) directly through your account after logging in to the Services, and may update and correct certain profile information as well. Otherwise, to request a copy of Personal Information we have collected about you, to request a correction of your information, or to request that the your information be deleted, please submit your request to privacy@diamondkinetics.com. We will aim to complete your requests as soon as reasonably practicable and consistent with any applicable laws.
Note that we will endeavor to fulfill the above requests with respect to User Content. As described above, we do not generally control the manner in which you and other Users post User Content through the Services, which is treated as generally available to the public.
California, Virginia, Colorado, Utah and Connecticut residents have the right at any time to opt out of (a) selling or sharing of your Personal Information to third parties, and (b) targeted advertising through third parties. Specifically with respect to your User Content as described above:
We may provide certain Personal Information to specific consumer brands, advertising businesses and other third parties, such as to provide targeted advertising, customer analytics, a more personalized experience and special offers to you. Specifically, identifying information, online user activity and/or transaction information may be shared through targeting cookies and data extracts. We may benefit from these activities.
Privacy laws may provide you with other opt-out rights which are inapplicable to us. In particular, we do not engage in impactful profiling activities with respect to Users, and we do not collect, use or disclose sensitive Personal Information (such as government identification number, precise geolocation, financial account credentials, etc.) except for the specific purpose(s) that you provide it.
We may not, and will not, discriminate against any customer for exercising their privacy rights, including those provided by the applicable privacy laws. Please note that we may otherwise continue to share your Personal Information with our affiliates and service providers, and as otherwise directed by you, for the purposes described in our Terms.
If we deny a privacy request, you may appeal the decision to us at the contact information provided below. To the extent possible, please describe the basis for your appeal and if there is any specific Personal Information that concern you. We will endeavor to provide a prompt response.
Residents of California Only
This Section is provided specifically for California residents.
Financial Incentives. We do not generally provide a loyalty program or other financial incentive in return for the collection or use of Personal Information. On some occasions we may engage in a limited-time marketing event, promotional offer or discount on fees that includes a registration or other collection of Personal Information, and we will disclose the benefits and terms of that promotion at the time of collection.
Privacy rights requests for non-Users. California privacy rights apply to all individuals (not just Users). Due to the nature of these relationships, the collection and use of Personal Information can vary, as described above. All such individuals who are California residents can request additional information about our privacy practices with respect to their information, as well as make the access, deletion, correction and opt-out requests described above, by contacting us as directed below. Please provide sufficient information that we can identify you, and be aware that we may employ a more extensive authentication process to verify your identity before responding to your request.
Do Not Track. Do Not Track (DNT) is a privacy preference you can set in most browsers but there is no standard interpretation or practice for responding to DNT signals (see https://allaboutdnt.com/ for more information), and we therefore handle all user information consistent with our Terms. As described above, we do endeavor support browser GPC signals, offer manual cookie opt-out for third party targeting cookies, and you can also opt-out of third party data extracts by submitting a “Do Not Sell” request.
California Privacy Rights - Direct Marketing. You have the right to request information from us regarding the manner in which we share certain categories of your Personal Information with third parties, for the third parties’ direct marketing purposes. California law provides you with the right to submit a request to us at our designated address and receive the following information: (1) The categories of Personal Information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; (2) The names and addresses of third parties that received such information; and (3) If the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Our designated email address for such a request is provided in the contact information below.
California Privacy Rights - California Minors. As stated above, our Services are intended for a general audience and not directed toward children. Our Services allow Users to post User Content, and any User who is a California resident under the age of 18 may contact us as directed below to request that we remove or anonymize such content to the extent required by California law.
Residents of Colorado, Connecticut and Virginia
The additional disclosure in this Section is provided particularly for Colorado, Connecticut and Virginia residents. If we deny a rights request you submit as provided above, and after you appeal the denial you are unsatisfied with our response, you can raise your concerns with your state’s Office of the Attorney General.
Nevada Residents
Please note that we do not sell Personal Information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6), but you can submit a request to us as directed below regarding the sale of such information.
Data Security
Diamond Kinetics uses generally accepted security measures and safeguards in an attempt to keep the data it collects secure and requires that the third parties it works with agree to do the same. The measures and safeguards include limiting access to the data to those persons who need it to complete their work for Diamond Kinetics, using a fire-wall protected environment, and storing Personal Information in secure operating environments. That said, Diamond Kinetics, Inc. cannot and does not guarantee and does not accept liability for unintentional disclosure. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
International Data Transfers and Use
Our Services are controlled by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Any information you provide through use of the Services may be stored and processed, transferred between and accessed from the United States and other countries which may not guarantee the same level of protection of Personal Information as the one in which you reside. However, we will handle your Personal Information in accordance with our Terms regardless of where your Personal Information is stored or accessed.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
privacy@diamondkinetics.com or write us:
Diamond Kinetics, Inc.
c/o Privacy Requests
700 River Avenue, Suite 600
Pittsburgh, PA 15212.
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GIVEAWAY TERMS & CONDITIONS
OFFICIAL
A DIAMOND KINETICS SENSOR AND / OR SUBSCRIPTION MAY BE REQUIRED TO ENTER, PARTICIPATE AND HAVE A CHANCE TO WIN. MAKING AN ADDITIONAL PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: The DIAMOND KINETICS 1 V 9 WEEKLY CHALLENGE Giveaway (the "Contest") begins on APRIL 1ST, 2024 AT 9:00 AM (EST) and ends on SEPTEMBER 29TH, 2024 AT 11:59 PM (EST) (the "Promotion Period"). Each Weekly Contest starts on Monday at 9:00 AM EST and ends on Sunday at 11:59 PM EST (the “Contest Period”). This Giveaway will be conducted by randomly selecting one finisher that beat the MLB Nine on the DIAMOND KINETICS 1V9 WEEKLY CHALLENGE LEADERBOARD for each Weekly Contest Period. The sponsor of this Contest is DIAMOND KINETICS (“Sponsor”). By participating in the Contest during any Contest Period, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection, submission, or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments, or problems related to the Sweepstakes. With at least seven days notice, Diamond Kinetics reserves the right to end the contest early. Sponsor may be reached by email at SUPPORT@DIAMONDKINETICS.COM during the Promotion Period.
2. ELIGIBILITY:
General Eligibility: Open to legal residents of ALL 50 STATES who are AT LEAST 18 YEARS OF AGE ON THE DAY OF OR BEFORE CONTEST ENTRY OR MEET ELIGIBILITY REQUIREMENTS FOR MINOR CHILDREN AND TEENS (the "Entrant"). Sponsor, and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors, and employees (the "Promotion Entities"), are ineligible to enter the Sweepstakes or win a prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. "Household Members" shall mean those people who share the same residence at least three months a year. "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
Eligibility for Minor Children and Teens: To enter the Contest, you must have the permission of your parent or legal guardian (“Parent“) prior to entering and be:
Each Participant Age 9 – 17 at the time of the sweepstakes entry must have the permission of his/her Parent prior to entry, and such entry shall be deemed submitted by the Parent and shall be treated as if the Parent had made such entry. If chosen as a winner, the Grand Prize (hereinafter defined) will be awarded in the name of his/her Parent. Eligibility will be determined by Sponsor and/or Administrator in its/their sole discretion. By participating in the Sweepstakes, each Participant and his/her Parent agrees to these Official Rules and all the decisions of Sponsor or Administrator, which are final and binding in all respects.
3. PRIZES: Grand Prizes: For each Contest Period, The WINNER will receive a prize with an approximate retail value of $250 - $500. Number of winners determined by partner promoting giveaway. Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash, or substituted by the winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety, or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items. This Contest is open to legal residents of ALL 50 STATES, and the Prize will only be awarded and/or delivered to addresses within said locations. All federal, state, and/or local taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize. With at least seven (7) days notice, Diamond Kinetics reserves the right to adjust prize values.
4. HOW TO ENTER: Enter the Contest during a Contest Period by participating in the Diamond Kinetics 1 V 9 Weekly Challenge. All users who complete this form agree to receive future communications from Diamond Kinetics. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. Any attempt by Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
5. WINNER SELECTION: The Winner(s) of the Contest will be randomly selected from among all users who finish above the MLB Nine on the challenge leaderboard throughout the Promotion Period. The selection will be conducted by the following MONDAY at 9:00 PM (EST) by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received. If no user beats the MLB Nine Hit Distance threshold, there will be no winner and no prize will be awarded.
6. WINNER NOTIFICATION: Winner will be notified by email at the email address provided in the Entry Information approximately by the following Friday at midnight EST. Potential Winner must accept a prize by email as directed by Sponsor within TWO WEEKS of notification. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively "the Prize Claim Documents"). No substitution or transfer of a prize is permitted except by Sponsor.
7. PRIVACY: Any Personal Information supplied by you will be subject to the privacy policy of the Sponsor posted at: https://diamondkinetics.com/policies-info/privacy-policy/By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Sweepstakes Entities for the purpose of administration and prize fulfillment, including use in a publicly available Winners list.
8. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for:
9. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to:
cc: DIAMOND KINETICS GIVEAWAY
700 RIVER AVE., SUITE 600
PITTSBURGH, PA 15212
Requests for the names of the winners must be received no later than THREE MONTHS after the Promotion Period has ended.
10. SPONSOR: DIAMOND KINETICS
700 RIVER AVE.
PITTSBURGH, PA. 15212
EMAIL: SUPPORT@DIAMONDKINETICS.COM
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