Privacy Policy

PRIVACY POLICY

Last updated July 18, 2023

At Malakan Diamond Co., we respect our customers’ privacy. This privacy policy (the “Policy”) describes how Malakan Diamond Co. will collect, use, and disclose consumers’ personal information, including information collected through our Website (which include brands’ websites, and all other websites, mobile sites, services, applications, platforms and tools where this Policy appears or is linked collectively, the “Services”)

By providing information to us (by any means, whether by email or in correspondence, via our Website or otherwise) you consent to our use of the information you provide in accordance with this Policy. If you do not agree with this Policy or our practices, please do not use our Services.

This Policy may change from time to time and is incorporated into our Privacy Policy. Your continued use of our Website constitutes your acceptance of those changes. We encourage you to review this policy periodically,  If we materially change this Policy, we will inform you of the material changes.

Notice at Collection

The following serves as our notice at collection (“Notice”) of personal information in accordance with applicable law. We collect personal information as detailed in this Notice and in this Policy.

We may “sell” or “share” personal information as those terms are defined under applicable law, and as indicated for each relevant category of personal information below. If you would like to opt out of the sale or sharing of your personal information, you may do so by emailing to: info@malakandiamond.com.

We keep personal information as long as reasonably necessary or relevant for the practices described in this Policy. We also keep personal information as otherwise required by law. What this may mean in practice will vary among different types of information and our ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.

We collect the following categories of personal information:

• Identifiers (including account information): This includes your name, postal address, email address, mobile or other telephone number, username and password if you register an account with us. We may collect information from partners that verify your identity  for account log-in purposes. We also may collect content information you provide, including photos and comments, customer service inquiries, and related history that you share with us. This data will be sold or shared as described in more detail in our Policy.
• Any Personal Information Described in Subdivision (e) of Cal. Civ. Code Section 1798.80, including:
  • Demographic information. This includes information you provide regarding your personal interests, date of birth, anniversary or other significant dates, demographics, experiences with our products, and shopping interests and contact preferences. This data will l be sold or shared as described in more detail in our Policy.
  • Financial Account Information. If you make a purchase from us, we collect payment-related information, depending on the form of payment you choose. This data will not be sold or shared.
  • Information You Provide about a Third Party. If you send someone else a communication from the Services, such as sending an invitation to a friend, the information you provide (e.g., name, e-mail address) will be used to facilitate the communication. This data will be sold or shared as described in more detail in our Policy.
  • Information You Provide Through Social Media. You may also be given the option to link to your social media account through the Services. When you do, we may automatically receive certain information about you based on your registration and privacy settings on those third party services. This may include name, user name, demographic information, protected classifications under California or federal law, education information, professional or employment-related information, updated postal address or contact information, location, interests, and publicly-observed data, such as from social media and online activity. With the exception of protected classifications under California or federal law, education level information, and professional or employment-related information, this data will be sold or shared as described in more detail in our Policy.
• Characteristics of Protected Classifications under California or Federal Law: This includes your age, gender, and marital status. This data will not be sold or shared.
• Commercial Information: This includes purchase, return, wish list and transaction information, as well as media consumption, previous purchases, shopping habits, loyalty program information, and lifestyle preferences. This data will be sold or shared as described in more detail in our Policy.
• Internet or other Electronic Network Activity Information (including usage and technical information): This includes information about your use of the Services, including your Internet Protocol (“IP”), unique device identifier, device characteristics, system settings and preferences, search queries, referring URLs, and the time and date of your usage. We also collect and store information about your preferences, how you interact with our Services, and how you interact with emails that we send to you. We may link certain data elements we have collected, such as your browser information, with other information we have obtained about you. This data will be sold or shared as described in more detail in our Policy.
• Geolocation Data: This includes information about the location of the devices used to access the Services (“Location Data”). Location Data includes: (a) the location of the mobile device or tablet derived from GPS or WiFi use; (b) the IP address of the mobile device or tablet or internet service used to access the Services; and (c) other information made available by a user or others that indicates the current or prior location of the user, such as geotag information in photographs. This data will be sold or shared.
• Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information: This includes such information when you use our Service’s virtual try-on features. In addition, we may collect information in relation to your interactions with our virtual jewelry consultants information derived from your mobile device that we de-identify and aggregate for “heat mapping” to help us understand how users interact with our website. This data will be sold or shared as described in more detail in our Policy.
• Professional or Employment-related Information: This includes information you provide regarding your professional interests, occupation, and income. This data will not be sold or shared.
• Education Information: This includes information you provide in relation to your education. This data will not be sold or shared.
• Inferences Drawn from the Above: We collect profile inferences that we draw from your information and web activities to create a personalized profile so we can better identify goods and services that may be of interest to you. This data will be sold or shared.

What are the purposes for which we collect and use your personal information?

We may use the personal information that we collect for a variety of business purposes, including:

• To provide the Services to you;
• To process and track orders and otherwise fulfill your requests;
• To respond to comments, questions, or concerns;
• To prevent and detect fraud and other unlawful activity, claims and other liabilities;
• To alert you about a product safety announcements or recall or corrections to an offer, promotion, or advertisement;
• To verify and validate your identity to reduce credit risk and manage collections;
• To carry out our obligations and enforce our rights; and
• To comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.

We may also use the personal information we collect for the following commercial purposes:

• To improve or develop new services and product offerings, including for warranty usage;
• To identify, offer, and contact you with personalized content and advertising, including newsletters, articles, products;
• To customize or personalize your shopping preferences ;
• To validate or update the information we collect from or about you;
• To alert you about new products or services, savings awards, event invitations, and other information;
• To conduct market research, surveys, and similar inquiries to help us understand trends and customer needs across product categories or customer groups;
• To enroll you in loyalty or other incentive programs, and to enter you into sweepstakes and promotions or contact you regarding a contest prize;
• To notify you of changes to our Services or any products or services we offer; and
• For marketing and promotional purposes.

Additional Purposes:

• We may also use information you provide to us for other purposes as disclosed to you at the time you provide your information or otherwise received with your consent.

1. Sources of Information We Collect

When information identifies, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “personal information.”

There are several ways we may obtain personal information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive from third parties. This includes data that identifies you personally whether directly (i.e., your name) or indirectly (i.e., information associated with the device you use online). For further information on the personal information we collect, please refer to the Notice at Collection above.

A. Information You Provide

We collect personal information about you, as described in the Notice at Collection above, via the Services, including online, offline, and by telephone.

B. Information Automatically Collected

Whenever you visit our online Services, we and our third-party advertisers and service providers (see Section 2.B below for more detail), may use a variety of technologies such as cookies and similar technologies to automatically or passively collect certain information about your online activity.

We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you for the purposes described in the Notice at Collection above, and to let us know, for example, whether you have opened an email we sent to you. While you can change your cookies settings in your browser, without cookies, you may not be able to use all the features of our Website.

C. Information Collected from Third-Party Sources

We collect information about you from ad networks, data companies, data brokers, and other third-party sources with whom you may not have a direct relationship, and that help us provide ads and services that target your interests. The information collected includes, for example, your demographic information, media consumption, previous purchases, shopping habits, loyalty program information, lifestyle preferences, or information to validate or update the information we collect from or about you.

D. Aggregate or De- identified Information

We may aggregate or de-identify any personal information we collect. We may share the aggregated or de-identified information with our business partners and service providers, and we may use such information for our own purposes. We will maintain and use de-identified information in de-identified form, and will not attempt to re-identify that information.

2. Information We Disclose

A. Disclosure of Information by You

We offer many ways to find, enjoy, and share content, including by filling out surveys, reviewing and rating products or services, inquiring about or purchasing products or services, participation in online communities, “liking” or “sharing” our content to your social media accounts.

Any information you disclose on publicly-facing areas of our Services or on other third-party websites becomes public information. Please exercise caution when disclosing personal information in these public areas.

B. Disclosure of Information by Us

We have sold or shared the categories of personal information identified in the Notice at Collection above:

• With vendors and advertising partners who help us reach you with ads that are tailored to your interests, as described under “Interest-Based Advertising Choices” below.
• With analytics partners, who help us understand your use of our Services.
• With our family of companies, such as our various brands identified at the outset of this Policy, and our other affiliated companies. We share personal information within this family of companies for business, operational, promotional and marketing purposes.
• With partners who help provide a better customer site experience.
• To partners in co-branded relationships such as advertisers that provide products and services or rewards programs. We may share information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service.
• To service providers that provide business, professional or technical support functions for us (including fulfilling and shipping orders), which help us operate the Services, or administer activities on our behalf.
• To comply with any legal requirement placed on us  by operation of  law or a court order, to enforce or apply our Terms of Use, or if we believe in good faith that such release is necessary or appropriate to protect the rights, property, or safety of our company, customers, affiliates (i.e., brands with common ownership, interest, or control), or others.

In addition, we may aggregate or de-identify personal information and use or disclose the aggregated/de-identified information for marketing, analytics, and other purposes.

Finally, we may disclose personal information in connection with the sale, transfer, acquisition, merger, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change ownership or control by Malakan Diamond Co. or any affiliated company (in each case, whether in whole or in part). When one of these events occurs, we will use reasonable efforts to require the recipient to use personal information in a manner consistent with this Policy.

3. Interest-Based Advertising Choices

We may collect information about your use of the Services to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are placed. You may see our ads on other websites or apps because we use third-party ad networks to serve our ads.

The networks use this information to show you advertisements that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve our advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Website and other online Services, and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts.

To learn more about interest-based advertising, and to opt out of the use of your information for such advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://optout.aboutads.info. To opt out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit http://optout.networkadvertising.org.

To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.

If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout/.

You can also control how some information is collected through your browser or mobile device. You can adjust your browser settings to limit or block certain cookies, but this may prevent us from storing your preferences and may make some features of the Services inoperable. Refer to your browser’s help menu for further details. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising. You may need to set these preferences on each browser or device you use.

4. Other Choices About the Use of Your Personal Information

Mailing Lists. You can unsubscribe from receiving our emails by following the “Unsubscribe” link provided in our emails. If you receive marketing communications from one or more brands or affiliates, you should opt-out individually from each of the affiliates from which you are receiving brand-specific marketing communications. Opting out of communications does not affect our communication with you via telephone or email regarding your orders or other sales or service transactions.

5. How We Protect Personal Information

We use technical, administrative, and procedural measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.

6. Children’s Privacy

We are committed to protecting the privacy of children. The Services are not directed to children and we do not knowingly collect any personal information from children. If a child under the age of 16 has provided us with personal information online, we ask that a parent or guardian please contact us, and we will take reasonable steps to delete personal information provided by the child. We do not knowingly collect or sell the information of anyone under 16 years of age.

7. Do Not Track Policy

Some browsers have a “do not track” feature that lets you tell websites that you do not want your online activities tracked. At this time,  website does not respond to web browser “do not track” requests or similar signals that users may employ.

Individuals can opt out of processing for profiling and targeted advertising purposes by emailing info@malakandiamond.com. Malakan Diamond Co. will honor individuals’ opt-out preferences.

8. Links to Third Party Sites and Services

Our Website and online Services may contain links to third party websites (including social networks and related plugins) operated by individuals or companies unrelated to us. Please be aware that we are not responsible for the privacy practices of such third party websites. We provide links to these websites for your convenience only, and you access them at your own risk. We recommend that you review the privacy policies and terms of use posted on such third party websites before using them.

Our Website and online Services may also offer you the ability to interact with plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third-party operating a plug-in on this Website or another of our online Services, then that third-party may recognize you on our Website or other online Services. Your use of social network plugins is subject to each social media site’s own privacy policy, so please read that site’s policies carefully to understand its practices. As with linked sites, we have no control over and are not responsible for the information that is collected, stored, or used by social network plugins.

9. Retention of Personal Information

We keep personal information as long as reasonably necessary or relevant to achieve the purpose described in this Policy. We also keep personal information as otherwise required by law. What this means in practice will vary between different types of information, and when we consider our approach, we take into account ongoing business or legal requirements for the information such as   tax implications, health and safety, and potential or actual disputes or investigations.

10. Your State-Specific Privacy Rights

If you are a California, Colorado, Connecticut, Virginia, or Utah resident, you may take advantage of the following privacy rights:

• Right to Know: You have the right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
• Right to Delete: have the right to delete personal information that we have collected from you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
• Right to Correct: You have the right to correct inaccurate personal information that we may maintain about you, subject to appropriate verification.
• Right to Opt-Out of the Sale or Sharing of Personal Information: You have the right to opt-out of the “sale” or “sharing” of your personal information, as such terms are defined under state privacy law. This means that, if you opt out, going forward, we will not sell or share your personal information with such third parties to use for their purposes, including cross-context behavioral advertising, unless you later direct us to do so.
• Right to Opt-Out of Targeted Advertising: You have the right to opt-out of targeted advertising. Opting out does not mean that you will stop receiving ads, it just means that those ads will not be targeted based on your personal information.
• Right to Appeal: If we deny your request, and you wish to appeal, you may appeal our decision.

11. If you are located in Canada, this section applies to you.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time by emailing info@malakandiamond.com.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way.
• For investigations and fraud detection and prevention.
• For business transactions provided certain conditions are met (ie. credit monitoring reporting, bankruptcy filings, etc…).
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim.
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse.
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province.
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records.
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced.
• If the collection is solely for journalistic, artistic, or literary purposes.
• If the information is publicly available and is specified by the regulations.

Use and Disclosure of Sensitive Personal Information: To the extent that we collect, use, or share “sensitive personal information” as that term is defined under applicable law, we limit our use or disclosure of the sensitive personal information for permitted business purposes.

How to Submit a Request

To take advantage of your rights, please contact us by email at info@malakandiamond.com. We may request certain information about your interactions with Malakan Diamond Co. to verify your identity before we can respond to your access, deletion, correction, or portability requests. Malakan Diamond Co. will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.

To take advantage of your right to opt out of the sale or sharing of personal information or to opt out of targeted advertising, please email us at info@malakandiamond.com. We will work to comply with your opt-out request within 15 business days. You may also use an authorized agent to submit a request to opt out on your behalf if you provide the authorized agent signed written permission to do so.

We value your privacy and will not discriminate in response to your exercise of your privacy rights.

Agent Requests

You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. Malakan Diamond Co. retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s personal information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.

12. Locations; Data Transfers

Malakan Diamond Co. is based in the United States. This Website and our other online Services are intended for use only by persons located in the United States. We make no claims that the Website, online Services or any of the contents thereof are accessible or appropriate outside of the United States. Access to the Website or online Services may not be legal by certain persons or in certain countries. If you access the Website or online Services from outside the United States, you do so on your own initiative, at your sole risk, and you are responsible for compliance with all applicable laws.

13. Modifications to this Policy

Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use our Services. If we make a material change to this Privacy Policy, we will provide notice to you as required by law.

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate.

14. ADA Compliance Information

Company has made every effort to make this website compliant with all applicable ADA guidelines. To request updates, please contact us at info@malakandiamond.com. 

15. How to Contact Us

If you have any questions or concerns about this Privacy Policy or the practices described herein, please contact us or send mail to: 

Address:

Malakan Diamond Co. 

Richard Auld (DPO Officer)

555 W. Shaw Ave. 

Suite C-3

Fresno, CA 93704

Email: support@metronetll.com

If you have any further questions or comments, you may also contact us by mail at the following corporate address: