Privacy Policy
Effective date: Nov 18, 2024
This Privacy Policy is provided by Diagon Technologies, Inc. (“Diagon”). It describes Diagon’s privacy practices when you use our website at www.diagon.ai, create an account for the Diagon Marketplace on www.diagon.ai, or interact with our representatives after you have indicated an interest in buying or selling equipment on our Marketplace.
Your Personal Information
What is Personal Information?
Personal Information is data that identifies, relates to, describes, or can be associated with you. Personal Information includes data that could be used to identify, locate, track, or contact you. We collect Personal Information from you depending on how you interact with us and use our website, Marketplace, and services.
The Personal Information Diagon Collects and the Sources of that Personal Information
| Personal Information Category and data elements | Categories of individuals the personal information is collected from | The source of the personal information Diagon collects |
|---|---|---|
| Identifiers include real name, alias, employer, postal address of employer, email address, phone number, username, password, and similar identifiers, such as LinkedIn or other social media identifiers. | Marketplace users and Website visitors | Directly from individuals signing up for and using the Marketplace, registering for Movers and Makers events, submitting lead generation forms over our website, and individuals requesting information about Diagon. |
| Records of products or services purchased, obtained, or considered for purchase. | Marketplace users | Directly from individuals who use the Diagon website, Marketplace, and services. |
| IP addresses, device identifiers, network equipment addresses when devices connect to our services and other device information. Your region or location at the zip code level where your device or computer accesses the internet. | Marketplace users and Website visitors | Automatically from individuals that access and use our website, Marketplace, and services. |
| Professional information | Representatives of business partners, marketplace buyers and sellers, and potential owners. | Directly from individuals signing up for and using the Marketplace, registering for Movers and Makers events, submitting lead generation forms over our website, and individuals requesting information about Diagon. |
Payment Processing
Diagon does not process or store payment card information. Diagon uses Stripe as a payment processor to handle credit card payments and electronic funds transfers, including Automated Clearing House (ACH) payments. Diagon does not receive or store your payment information.
How Diagon Uses Personal Information and Diagon’s GDPR Legal Bases of Processing
| Our Purpose for Processing Personal Information | Our GDPR Legal Basis |
|---|---|
| Providing Diagon’s products and services and managing your account with us. | For Marketplace: Your consent. Our Website: Legitimate interest. |
| Providing customer and technical support. | Your consent; our legitimate interests. |
| Communicating with you about your account and our services. | Your consent; our legitimate interests. |
| Provide our Movers & Makers Events. | Your consent. |
| Marketing and advertising our services (including direct marketing). | Our legitimate interests. |
| Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. | Our legitimate interests. |
| Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy. | Your consent. |
| Debugging to identify and repair errors with our website, Marketplace, and services. | Our legitimate interests. |
| Comply with our legal obligations. | Our legitimate interests. |
| For other legitimate business purposes as permitted by law. | Our legitimate interests. |
| For other purposes when we have obtained your consent. | Your consent. |
| To create de-identified and aggregated Information. We will not seek to re-identify your personal information when we de-identify it. If we share de-identified information with third parties, we contractually require those third parties to refrain from seeking to re-identify data. | Our legitimate interests. |
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our website or Marketplace, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and usage patterns. As indicated above, our GDPR legal basis for processing this information is our legitimate interests.
Cookies and other online tracking technologies
We use cookies and other data collection technologies to analyze our website and Marketplace usage, estimate our audience size and usage patterns, store information about your preferences, and customize our website and Marketplace according to your preferences.
We use session and persistent cookies. Session cookies are temporary cookies that are erased from your device’s memory when you close your Internet browser or turn off your computer. Persistent cookies are stored on your device until they expire unless you delete them before that time.
You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Website may be inaccessible or not function properly.
To understand how users and visitors use our website and Marketplace, we use analytics tools such as Google Analytics. Google Analytics uses cookies and pixels to help us understand how visitors use our website and to collect data on website activity. For more information regarding Google Analytics, please visit http://www.google.com/analytics/terms/us.html. For information on how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/
Third-Party Use of Cookies
Third parties, such as social media companies, serve some content or applications on our website or in our Marketplace. When you use our website, these third parties may use cookies to collect your information. 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 whether or how third parties use tracking technologies. If you have any questions, refer to the third party’s privacy policy.
Communication with You
We may also use your information to contact you about goods and services that interest you. We may send you marketing communications about our services and events that interest you. For information about how to opt out of our marketing communications, see the “Your Choices” section below.
How We Disclose Personal Information
We may disclose Personal Information to the categories of third parties listed below and for the specific business purposes described in this section.
We do not sell your information or share it with third parties for cross-contextual behavioral advertising (i.e., targeted advertising). We do not share your Personal Information with third parties for their own direct marketing activities. However, we may disclose your information to the following third parties:
- To introduce buyers and sellers: When our agents collect information from buyers and sellers who use the Marketplace, the agents will share information about the seller with prospective buyers. They will share the personal information collected from all prospective buyers with the seller.
- Our vendors and service providers: We use a variety of vendors and service providers that help us with our business activities, such as maintaining our Website, email and document management, shipping, payment processing, physical security, managing our marketing and customer relationships, and providing our services to our customers. We require these companies and individuals to use your information only as necessary to provide their services to us.
- Business transfers: We may disclose information as part of or in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change.
- Legal requirements: We may also disclose your information when we reasonably believe it is required by law, subpoena, or other legal process, including to meet national security or law enforcement requirements, as well as to honor user access rights, as applicable.
- Protection of rights: We may disclose information to protect our rights, privacy, safety, or property, including our employees, contractors, and agents, when required or permitted to do so by law.
- At your request: We may disclose information to a third party with your consent.
- Fraud detection: We may disclose information when we believe in good faith that it is necessary to investigate fraud.
Data Retention
We apply different retention periods depending on the type of Personal Information collected and the purposes for which we use it. We will keep your information for as long as is necessary to fulfill the purposes for which the information was collected. We may be required to retain Personal Information to comply with our legal obligations or protect against fraudulent, deceptive, or illegal activity. The retention periods for Personal Information are determined by the purposes we need to use the information. Generally, we retain Personal Information for as long as an applicable law requires us to or until legal obligations that require us to retain Personal Information have ended.
How Diagon Protects and Secures Personal Information
We implement appropriate technical and organizational measures to help protect your information from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
Opting-Out of Marketing Communications from Diagon
You may opt out of promotional communications by email, regular mail, or other methods at any time by following the unsubscribe instructions included in the communications we send you or by contacting us via privacy@diagon.ai
Do Not Track – Global Privacy Control
Some browsers have a “Do Not Track” feature. Our Website and Marketplace do not respond to Do Not Track requests, Global Privacy Control, or similar signals.
Data Transfers to the United States
For Diagon’s Website: Diagon is based in the United States, and our website and Marketplace servers are in the United States. When you access our website, you acknowledge that your Personal Information will be transferred to the United States and consent to that transfer. The United States may have privacy and data protection laws that are less stringent than the laws of your home country.
For the Diagon Marketplace: When you create an account on the Marketplace or our agents collect Personal Information to help facilitate contact between a buyer and a seller, we request your consent to collect and process your personal information. We will also collect your consent at that time to transfer your Personal Information to the United States. If you do not consent to having your Personal Information transferred to the United States, you will not be able to use our Marketplace. When our agents contact you by phone, text, or video call after you have created a Marketplace account, we will also verbally request your consent to take your information and process and store it in the United States.
Data Subject Rights
Depending on your location, you may have basic rights under privacy and data protection laws related to the Personal Information we process about you. You may exercise those rights by contacting us at privacy@diagon.ai. These rights are usually free, and we will aim to respond to your request in the timeframe required by the applicable laws. In some cases, there may be legal or other reasons that we may be unable to address your request. If we are not able to address your request, we will provide you with an explanation of why.
- The right to access the personal information we process about you;
- The right to correct personal information we have about you;
- The right to ask us to delete personal information we have about you (subject to any exceptions to this right);
- Depending on the legal basis for our processing of your personal information, the right to restrict processing the personal information we have about you;
- The right to object to our processing of personal information about you when our legal basis of processing is our legitimate interests.
- The right to data portability. If we are processing based on the legal basis of your consent the right to request that we transfer your personal information to you in a machine-readable format.
When you submit a request to us to exercise any of these rights, you consent to our processing of your Personal Information to respond to the request. Your consent includes that your request will come to the United States, where we are located.
Additional Rights for U.S. Residents
The right to know. If you are a resident of California, you have the right to request that we provide you the categories of Personal Information we have collected or disclosed about you in the last twelve (12) months, the categories of sources of such information, the business or commercial purpose for collecting or selling your Personal Information; the categories of third parties with whom we shared Personal Information; and the right to know the specific pieces of Personal Information we have collected about you.
Identity Verification
When you exercise any of the rights disclosed above, we must verify your identity to confirm that you are the individual requesting information. We may ask you to provide additional Personal Information to verify your identity, but we will only require the minimal amount necessary to do so.
Authorized Agent
You may designate an authorized agent to submit a request on your behalf to access or delete your Personal Information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such a request and (2) verify your identity directly with us. We may only accept a request from an authorized agent that submits proof that you have authorized them to act on your behalf.
Appealing Requests
If you wish to appeal a response to a request to exercise your rights above, you may contact us at privacy@diagon.ai.
Links to Other Websites
Our website and Marketplace may contain links to other sites that may provide helpful information or link to other platforms. Diagon Company does not control these third-party sites and is not responsible for their privacy practices or content. You should refer to the privacy statements of such third-party sites to find out how they collect and use your information.
Changes to this Privacy Policy
We may update portions of this Privacy Policy from time to time and will alert you that changes have been made by indicating the date it was last updated on the Privacy Policy. You can find the last update date at the top of this Privacy Policy. When you access our website or Marketplace, you are accepting the current version of this Privacy Policy as linked from our website or Marketplace at that time. We recommend you visit this Privacy Policy occasionally to learn of any changes.
Changes to Our Privacy Policy
We will make changes to our Privacy Policy on this page. For Marketplace account holders, if we make material changes to how we treat our users' Personal Information, we will notify you by email to the primary email address specified in your account. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you and for periodically visiting our website, Marketplace, and this Privacy Policy to check for any changes.
Children Under the Age of 18
Our website, Marketplace, and services are not intended for children under 18. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the website or Marketplace. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@diagon.ai
Contact Information
To ask questions or comment about this privacy policy and our privacy practices, or if you have a complaint, contact us at privacy@diagon.ai