Privacy Policy

ABOUT US

We take privacy seriously at Diamond Kinetics, Inc. (“Diamond Kinetics”, “we” and “us”) and this policy is designed to tell you what information we collect and how we use it.

We last updated this policy on July 3, 2017. 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.

WHAT KIND OF INFORMATION IS COLLECTED?

There are two types of data that websites and apps can collect about their users. The first one is called personal data. This is personally identifiable information that identifies a user as an individual (“Personal Data”). Depending on the circumstance Diamond Kinetics collects a variety of Personal Data that can include first and last name, user email address, zip code, gender, birthdate and payment related information (including mailing address and telephone number).

Diamond Kinetics users over 12 years old have the choice to upload and/or share profile photos and videos (baseball/softball swing related only). For users 12 or under we only collect Personal Data that parents voluntarily provide consent for on the website or mobile application. Users 12 and under cannot access photo or video sharing functionality without verified parental consent.

The second type is non-Personal Data 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 Data about the use of the Diamond Kinetics website and apps to help us improve our services.

MORE ABOUT PERSONAL DATA

We collect Personal Data when a parent or user subscribes to a newsletter or alert, submits content to a forum or blog, makes a product purchase or requests technical support. This information may be used to contact parents and/or users about new services and features and to send notifications if consent to receive them has been given.

We may use Personal Data about you for the following purposes:

  1. Communications: We may communicate with you, such as to provide you with the products and services you request, to communicate with you about your account or transactions with us, to give you important information about your products or applications, and send you offers and promotions for our products and applications.
  2. Customer Support: When you interact with our customer support representatives via email, telephone or in person, we may collect Personal Data relevant to the situation, such as your name, mailing address, phone number, email address and contact preferences; information about the Diamond Kinetics products you own, such as their serial numbers, date of purchase and (if applicable) event logs that are useful in diagnosing product or application performance related issues; and information relating to a support or service issue. We use this information to provide you with customer and product support. If you contact us for help we will only use your email address to reply to your question.
  3. Purchases: If you provide your payment card information on a Diamond Kinetics website or application then Diamond Kinetics will use your payment card information and related payment and account information, as well as your name and mailing address if applicable, for the purpose of filling your purchases or collecting payment of recurring fees, if applicable. To assist in processing payment, Diamond Kinetics will share this Personal Data with a third party commerce provider. Diamond Kinetics does not store or have access to your payment information.
  4. Promotions: If you enter into a sweepstakes, contest or similar promotion, we may use the information you provide to administer those promotions. To the extent that the terms and conditions of any such promotion regarding the treatment of Personal Data about you conflict with our Privacy Policy, the terms and conditions of the promotion will control.

Please note that if a parent or user posts Personal Data about themselves in a community forum or blog, in addition to being collected, this data is made public for others to see. THE USER IS RESPONSIBLE FOR DISCLOSING THIS DATA AND THE CONSEQUENCES THEREOF. YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY INFORMATION THAT YOU SUBMIT IN A COMMUNITY FORUM OR BLOG.

INFORMATION THAT WE MAY COLLECT FROM CHILDREN

Our products and services are not intended for use by users under the age of 13 without parental notification. When a user 12 or under registers with Diamond Kinetics we seek parental consent to allow them to use any of our services that require collection of personally identifiable information.

Users under 12 years old who attempt to register with Diamond Kinetics will be asked to provide their first name, first initial of their last name, a screen name, and a parent email address. Diamond Kinetics will then engage with the parent of the user for permission prior to collecting any additional Personal Data.

If you wish to review, revoke or delete your child’s information please contact us at privacy@diamondkinetics.com.

DISCLOSURE OF INFORMATION
THIRD PARTY APPLICATIONS

We may share information that you provide to Diamond Kinetics with our affiliates and partners (“Third Parties”)  including Perfect Game Inc.; Axon Sports Holdings, LLC; Prep Baseball Report; Kinduct Technologies; InMotion Systems, LLC; Sportsboard and such other partners as may be engaged in the future for the purposes described in this Privacy Policy. While we expect Third Parties to protect your Personal Data, DIAMOND KINETICS IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH THIRD PARTIES, INCLUDING THEIR WEB SITES OR THIRD-PARTY APPLICATIONS. We recommend you review the privacy statement of any Third Parties.

SERVICE PROVIDERS

We may use Third Parties to help us operate our business and websites or administer activities on our behalf, such as fulfilling purchases, processing payment card payments, sending emails and shipping products to you. We may share Personal Data about you, including payment card information, with these Third Parties to enable them to perform the services.  In addition, we may share your Personal Data (a) as we deem necessary in the event (or partial event) of a corporate sale (asset or stock), merger, reorganization, change in corporate control, acquisition, insolvency, bankruptcy or similar event; (b) in connection with various co-branded or jointly developed products or services; (c) to comply with applicable law or reasonable request based upon governmental regulation, court order, subpoena or similar related action; (d) with the an event, national, state or local governing body, league, club, team or other organization that you participate in, belong to or have the option to provide such information to (“Organization”). Such Organizations at their discretion may share your Personal Data with other participants, users and public viewers; or (e) as may otherwise be disclosed at the time of collection.

OTHER DIAMOND KINETICS USERS

As a registered user of Diamond Kinetics products and services, you have the opportunity to elect to connect with other users, join groups of users and share your Personal Data, including photos, videos and other content with other users of our products and services. This information, once shared is visible to other users. You have the ability to determine the audience who can see what you share. You can control the information that you share via your profile privacy settings and managing the groups you choose to join.

OTHER DISCLOSURES

We may disclose Personal Data about you to others if we have your consent to do so in such form of consent as may be required under applicable law. We may also disclose Personal Data about you to others as we believe to be necessary or appropriate: (a) under applicable law or regulation, including laws or regulations outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public authorities and law enforcement officials, including officials outside your country of residence; (d) to assist or support theft investigations involving Diamond Kinetics products or property, (e) to enforce any of our terms and conditions or policies; (f) to protect our operations or those of any of our affiliates and subsidiaries; (g) to protect the rights, privacy, safety or property of Diamond Kinetics, its affiliates and subsidiaries, you, or others; or (h) to permit us to pursue available remedies or limit the damages that we may sustain.

ASSIGNMENT

We may transfer information to an affiliate, a subsidiary, or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Diamond Kinetics’ business, assets, or stock, including, without limitation, in connection with any bankruptcy or similar proceeding. If you’d like more information on this, contact us at privacy@diamondkinetics.com.

TRACKING

Diamond Kinetics does not track you, that is, Diamond Kinetics does not collect personally identifiable information about your online activities over time and across third-party Web sites or online services. The Diamond Kinetics website and apps do not employ technology that responds to browser signals that permit users to limit tracking.

LINKS

We may include links to third parties from the Diamond Kinetics website or apps. Diamond Kinetics isn’t responsible for these companies and because we have a link doesn’t mean we endorse them. Your use of our services may be subject to the terms and conditions and privacy policies of other services that we don’t control such as mobile app stores, mobile software platforms or payment processors. Please be sure to check their privacy policies if you decide to visit them.

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 Data in secure operating environments. That said, Diamond Kinetics, Inc. cannot and does not guarantee and does not accept liability for unintentional disclosure.

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.

Notice to California Residents:

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Data by certain members of Diamond Kinetics to third parties for the third parties’ direct marketing purposes. With respect to these entities, this Privacy Policy applies only to their activities within the State of California. To make such a request, please send an email to privacy@diamondkinetics.com or write us:

Diamond Kinetics, Inc.
c/o Privacy Requests
700 River Avenue, Suite 540
Pittsburgh, PA 15212