Diamond Media Solutions Privacy Policy

Last Updated: June 18, 2026

1.  Introduction and Scope

Diamond Media Solutions, Inc. (“DMS,” “we,” “us,” or “our”) values our users and respects their privacy. This Privacy Policy governs our collection, use, disclosure, and protection of data in connection with our Services (as defined in our Terms and Conditions), our Platform, and our related operations. Capitalized terms not defined in this Privacy Policy have the meanings ascribed to them in our Terms and Conditions (“Terms”) located at https://diamondmediasolutions.com/terms-and-conditions. This Privacy Policy is incorporated into and made a part of the Terms by reference.

“Personal Information” (also referred to as “Personal Data”) means any information processed by DMS that (a) identifies or relates to an individual who can be identified directly or indirectly from that data alone or in combination with other information in DMS’s possession or control, or (b) applicable Privacy and Data Protection Requirements otherwise define as protected personal information. Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), and similar state privacy laws, Personal Information includes specific categories of data as described in Section 3 below. We apply the standards set forth in this Privacy Policy to all users, regardless of location, and we comply with applicable data protection laws including the CCPA, other U.S. state privacy laws, and where applicable, the EU General Data Protection Regulation (“GDPR”).

Please read this Privacy Policy carefully so that you have a clear understanding of how we collect, use, and protect your Personal Information. IF YOU HAVE OBJECTIONS TO THIS PRIVACY POLICY, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND FOLLOW THE PROCEDURES DESCRIBED IN THE SECTION ENTITLED “YOUR PRIVACY RIGHTS.”

Our Platform may include links to third-party websites, blogs, and social media. These third-party sites have their own privacy policies and terms of use and are not controlled by this Privacy Policy. You should carefully review the terms, conditions, and policies of such third-party sites before visiting them or providing them with any personal information. We are not responsible for the privacy or security of any information you provide to a third-party website, and we make no representations concerning the accuracy, privacy, safety, security, or information practices of any third-party site. You may also use social media widgets (e.g., the Facebook “Like” button) on our Platform; these widgets may collect your IP address and identify which page you are visiting, and the information collected by such widgets is controlled by third-party privacy policies.

2.  Changes to This Privacy Policy

We may update this Privacy Policy from time to time at our sole discretion. If we make material changes, we will notify you through the Platform, through the Services, or by publishing an updated Privacy Policy with a revised “Last Updated” date. Your continued use of the Services after any changes constitutes your acceptance of the updated Privacy Policy. If you do not agree to the changes, you may exercise your rights as described in the “Your Privacy Rights” section.

3.  Categories of Personal Information We Collect

We collect Personal Information from the following categories of sources: (a) directly from you when you provide it (e.g., when you create an account, submit a contact form, or enter into a Purchase Agreement); (b) automatically when you use our Platform, Site, or Services (e.g., through cookies, web beacons, pixels, and similar technologies); and (c) from third-party sources (e.g., Data Suppliers, identity resolution providers, and data aggregators). In the preceding 12 months, we have collected the following categories of Personal Information:

a.      Identifiers: Name, email address, postal address, telephone number, IP address, account username, and other similar identifiers.

b.     Commercial Information: Records of Services purchased, Purchase Agreement details, campaign parameters, audience data configurations, and other service usage histories or tendencies.

c.      Internet or Other Electronic Network Activity Information: Browsing history, search history, click patterns, session ID, device and browser type, operating system, CPU speed, referring or exit webpages, and information regarding your interaction with our Platform and Services.

d.     Geolocation Data: Approximate location information derived from your IP address or device when you access the Site or Platform.

e.      Inferences: Inferences drawn from any of the above categories to create a profile about you reflecting your preferences, characteristics, behavior, and attitudes. We may use Artificial Intelligence, including Large Language Models and Geospatial AI, to process, analyze, and derive such inferences from the information we collect.

f.      Sensitive Personal Information: We do not intentionally collect categories of Sensitive Personal Information as defined by the CCPA, such as Social Security numbers, driver’s license numbers, biometric information, racial or ethnic origin, religious beliefs, or contents of mail, email, or text messages (unless we are the intended recipient). DMS does not receive from its Data Suppliers, and the Platform is not designed to process, Social Security numbers, government identification numbers, credit card numbers, bank account numbers, or health-record-style PHI (specific diagnoses, prescriptions, or treatment information).

g.     Aggregated Information: We may also collect general, aggregated information about use of the Services, such as what pages visitors access, the number of visits, and average time spent on the Services. This information is generally collected in aggregate form without identifying any individual user, although IP addresses and session IDs may be tracked as part of our fraud prevention efforts. 

4.  Tracking Technologies and Site Analytics

Our Site and Platform use pixels, cookies, web beacons, and similar tracking technologies to collect information about visitor activity, including browsing behavior, page interactions, and referral sources. This information is used to provide the Services, including identity resolution, audience creation, and data delivery. By using the Site or Platform, you acknowledge that these tracking technologies are an integral part of the Services we provide. You may disable cookies in your browser settings; however, doing so may limit certain functionality of the Site. PLEASE NOTE THAT DATA COLLECTED THROUGH TRACKING TECHNOLOGIES MAY NOT ALWAYS BE COMPLETE OR ACCURATE, AND WE DISCLAIM ANY AND ALL WARRANTIES RELATED TO SUCH DATA.

5.  How We Use Your Information

We collect and use your Personal Information for the following business and commercial purposes:

a.      Providing Services: To enable you to access and use the Site, Platform, and Services, including audience data ingestion, identity resolution, deduplication, validation, data delivery, campaign management, processing payments, and enabling you to communicate with us.

b.     Business Operations: To conduct routine business operations such as billing, identification, authentication, contact purposes, customer support, and general research.

c.      Personalization and Marketing: To personalize your experience, deliver content and service offerings relevant to your interests, track user preferences, and communicate with you about Services, updates, and other offerings.

d.     Advertising: To serve targeted advertisements based on your interests and measure the effectiveness of our advertising campaigns.

e.      Analytics and Improvement: To conduct analytics, research, and product development to improve our Platform and Services.

f.      Artificial Intelligence: To utilize Artificial Intelligence, including Large Language Models and Geospatial AI, to provide, personalize, and improve our Services, develop new features, analyze trends, generate recommendations, insights, personalized content, or automated responses, and for research and development purposes. We aim to minimize the use of directly identifiable Personal Information and rely on anonymized or aggregated data where feasible.

g.     Aggregated Statistics: To compile aggregated, de-identified statistics regarding platform usage and performance, which we may use internally or make publicly available in compliance with applicable law. As between DMS and Client, all right, title, and interest in such Aggregated Statistics belong to and are retained exclusively by DMS.

h.     Security and Fraud Prevention: To detect, prevent, and address fraud, security issues, and technical problems.

i.       Legal Compliance: To comply with legal obligations, court and governmental orders, enforce our Terms, and protect our rights and the rights of others.

j.       Consent: When you otherwise consent for us to do so. We may ask for your consent to process your Personal Information for a specific purpose that we communicate to you. When you consent to processing for a specified purpose, you may withdraw your consent at any time, and we will stop processing your data for that purpose.

6.  Cookies, Tracking Technologies, and Do Not Track

As described in Section 4, we and our third-party partners use cookies, pixels, and other technologies (collectively, “cookies”) to collect, record, and share information you provide, as well as information about your interactions with our Site for ad targeting, analytics, personalization, and site functionality purposes. By using our Platform, you agree to the use of these technologies as described in this Privacy Policy and subject to your settings. A cookie is a small amount of data transferred to your browser by a web server that functions as your identification card, enabling us to record your passwords and preferences. A web beacon is a small transparent image embedded in an HTML page or email used to track when the page or email has been viewed. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. If you disable cookies, you may lose some features and functionality of our Platform. We do not currently respond to “Do Not Track” browser signals. For information on opting out of targeted advertising cookies, please refer to the “Your Choices” section below.

We may track your behavior on our Services, either directly or through third parties we engage (including advertising partners), for purposes including user support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, and enabling you to use and pay for the Services.

7.  Data Security and Retention

We implement and maintain reasonable administrative, technical, and organizational security measures to protect Personal Information against unauthorized access, destruction, use, modification, or disclosure, including: (a) encryption at rest (AWS KMS or equivalent) and in transit (TLS); (b) access controls limiting access to personnel with a need to know; and (c) automated monitoring and audit procedures. We strongly discourage password sharing. Due to the nature of information technology, we cannot be held responsible if you share your login credentials with others. If we learn of a security breach, we will notify affected users without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach, and we will attempt to comply with applicable notification requirements.

When Artificial Intelligence, Large Language Models, or Geospatial AI are used to process your information, we implement appropriate safeguards including data minimization, anonymization, pseudonymization, and access controls. Where appropriate, human oversight is integrated into AI-driven processes to mitigate risks of error or bias. We regularly review our AI systems to ensure compliance with our data protection policies and legal obligations.

Retention. We retain Personal Information only for as long as necessary to perform the Services or as required by applicable law. DMS employs TTL-based automatic deletion with the following standard retention windows: (a) identity-resolved audience records in the canonical record store: up to ninety (90) days; (b) validated email subset records: twenty-one (21) to thirty (30) days; (c) delivery staging files: seventy-two (72) hours; and (d) download tokens and temporary access URLs: one (1) to seven (7) days. Operational audit logs (which do not contain Personal Information) may be retained for longer periods for compliance and audit purposes. Upon expiration or termination of a Purchase Agreement, DMS will delete or destroy all Personal Information in its possession or control within a commercially reasonable period (and in any event no later than the expiration of the applicable TTL window), except to the extent retention is required by applicable law. When we no longer need your Personal Information, we dispose of it safely.

8.  Disclosure of Personal Information to Third Parties

DMS does not “sell” Personal Information as that term is traditionally understood (i.e., in exchange for monetary consideration). Under the CCPA, DMS is a “service provider” and Client is a “business” as those terms are defined therein; DMS shall not sell or share Personal Information, and DMS shall not retain, use, or disclose Personal Information outside of the direct business relationship between DMS and Client. However, under the CCPA’s broad definition, certain disclosures of Personal Information to third-party advertising partners for targeted advertising purposes may constitute a “sale” or “sharing” of Personal Information with respect to Site visitor data. In the preceding 12 months, we may have “shared” the following categories of Personal Information with third-party advertising partners for cross-context behavioral advertising purposes: Identifiers; Internet or Other Electronic Network Activity Information; and Inferences. We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age.

Disclosure for Business Purposes. We will not share your Personal Information with third parties without your express consent, except in the limited circumstances described below. In the preceding 12 months, we have disclosed the following categories of Personal Information to service providers and contractors for business purposes: Identifiers; Commercial Information; Internet or Other Electronic Network Activity Information; Geolocation Data; and Inferences.

Categories of Third-Party Recipients. Categories of third parties to whom we disclose Personal Information include:

a.      Service providers and sub-processors who perform services on our behalf, including cloud hosting and infrastructure providers (e.g., AWS), email delivery providers, channel delivery vendors, analytics providers, and payment processors. These service providers are contractually obligated to protect your information and may not use your Personal Information for their own commercial purposes unrelated to providing services to us. DMS maintains a current list of sub-processors, which shall be made available upon request.

b.      Channel vendors and advertising platform partners (such as Google Ads, Meta, LinkedIn, and Simpli.fi) through which DMS delivers audience data on behalf of Clients. Data delivered to ad-platform channels is SHA-256 hashed prior to delivery per each platform’s specifications. Note that this does not apply to plaintext files delivered to the Client for Client upload.

c.      Third-party Data Suppliers from whom DMS sources audience data under separate contracts. Data Suppliers are independent data providers, not sub-processors of Client Data.

d.      Government entities when required by law, regulation, or litigation, and as necessary for purposes of national security, law enforcement, or other issues of public importance.

e.      A successor entity in connection with a merger, acquisition, sale of assets, financing, or other corporate transaction. We may provide such entity with user information without obtaining your further consent, and we may provide notice of such transactions.

9.  Data Processing; Roles of the Parties

As between DMS and Client, Client is the data controller (or “business” under applicable U.S. state privacy laws) and DMS is a data processor (or “service provider”) with respect to Personal Information processed by DMS on behalf of Client in connection with the Services. DMS processes Personal Information solely on behalf of and in accordance with Client’s documented instructions as reflected in the Purchase Agreement and these Terms. For the avoidance of doubt, DMS’s upstream relationship with its Data Suppliers is governed by separate agreements between DMS and each such Data Supplier. To the extent that DMS is a data processor for you, DMS will:

a.      Implement appropriate technical and organizational measures to safeguard Personal Information against unauthorized or unlawful access, loss, destruction, theft, use, or disclosure, including the security measures described in Section 7 of this Privacy Policy.

b.     Limit access to Personal Information only to personnel who need it to perform the Services and take appropriate steps to ensure their reliability.

c.      Process the Personal Information only as necessary to perform the Services under the applicable Purchase Agreement, and not retain, use, sell, share, or disclose Personal Information for any purpose other than performing the Services, including not for any commercial purpose outside of the parties’ direct business relationship, except as permitted by applicable law.

d.     Upon expiration or termination of the applicable Purchase Agreement, or upon your request, delete or destroy all Personal Information in accordance with DMS’s standard retention and deletion procedures, except to the extent retention is required by applicable law.

e.      Not disclose the Personal Information to any third party without your prior written consent, except to sub-processors engaged to assist in performing the Services. DMS shall impose data protection obligations on each sub-processor that are no less protective than those set forth herein, and DMS remains responsible for the acts and omissions of its sub-processors.

To the extent DMS receives a request from a data subject to exercise rights under applicable Privacy and Data Protection Requirements (including access, deletion, correction, or opt-out requests), DMS shall promptly notify Client and provide reasonable assistance to enable Client to respond to such request. DMS will not independently respond to a data subject request except as required by applicable law or as instructed by Client. You represent and warrant that you have obtained all appropriate consents from data subjects whose Personal Information you submit to us.

10.  International Transfers

If you are visiting our Platform or using our Services from a country other than the United States, your Personal Information may be transferred to, stored, and processed in the United States or other countries where our servers are located or where our service providers operate. These countries may not have data protection laws deemed as adequate as those in your country. By using our Services, you consent to the transfer of your Personal Information to the United States and other countries as described in this Privacy Policy. We implement appropriate safeguards such as Standard Contractual Clauses or other legally recognized mechanisms to ensure your data is protected during such transfers, where applicable.

While our Services are primarily intended for users in the United States, we acknowledge that users from other jurisdictions may access our Platform. If you do not agree to such transfers and processing, you should not use our Services.

11. Your Privacy Rights

We are committed to ensuring that you can exercise your rights regarding your Personal Information. Depending on your jurisdiction, you may have some or all of the following rights. We extend these rights to all users as our standard practice:

a.      Right to Know/Access. You have the right to request that we disclose to you: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which your Personal Information was collected; (c) the business or commercial purpose for collecting, selling, or sharing your Personal Information; (d) the categories of third parties to whom we have disclosed your Personal Information; (e) the specific pieces of Personal Information we have collected about you; and (f) if we sold or shared your Personal Information, the categories of Personal Information sold or shared and the categories of third parties to whom such information was sold or shared.

b.     Right to Delete. You have the right to request that we delete Personal Information we have collected from you, subject to certain exceptions permitted by law (e.g., to complete a transaction, detect security incidents, comply with legal obligations, or for certain internal uses compatible with the context in which you provided the information).

c.      Right to Correct. You have the right to request that we correct inaccurate Personal Information that we maintain about you, taking into account the nature of the Personal Information and the purposes of the processing.

d.     Right to Opt-Out of Sale or Sharing. You have the right to opt out of the “sale” or “sharing” of your Personal Information for cross-context behavioral advertising purposes. To exercise this right, you may click the “Do Not Sell or Share My Personal Information” link on our website, or submit a request as described below.

e.      Right to Limit Use of Sensitive Personal Information. If we use or disclose Sensitive Personal Information for purposes beyond what is necessary to provide the Services, you have the right to limit such use or disclosure. Currently, we do not use Sensitive Personal Information for purposes beyond what is necessary to provide the Services.

f.      Right to Data Portability. You have the right to receive your Personal Information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.

g.     Right to Withdraw Consent. Where your Personal Information has been collected and processed based on your consent, you may withdraw your consent at any time without affecting the lawfulness of processing conducted before your withdrawal. Note that your withdrawal of consent may prevent us from providing the Services to you.

h.     Right to Object. You have the right to object to the processing of your Personal Information where it has been collected and processed based on our legitimate interests. You also have the right to object to automated individual decision-making, including profiling, where such decisions produce legal effects concerning you or similarly significantly affect you.

i.       Right to Non-Discrimination. You have the right not to receive discriminatory treatment for exercising any of your privacy rights. We will not deny you access to the Services, charge you different prices or rates, provide you a different level or quality of Services, or suggest that you may receive a different price or rate or different level or quality of Services because you exercised a privacy right.

12. Your Choices

Marketing Communications. If at any time you are uncomfortable with our use of your Personal Information for internal marketing purposes, you may opt out by emailing us at optout@emaildms.com. You may similarly opt out of receiving communications from us, although we may continue to communicate with you regarding your use of the Services. Note that if you opt not to provide us with certain mandatory information, our Services may be unavailable to you.

Cookies. We, and our third-party partners, use cookies, pixels, and other technologies to collect and share information about your interactions with our Site. You may 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 our Platform may be inaccessible or not function properly. For more information about how we use cookies and your choices, please see Section 4 (Tracking Technologies and Site Analytics) and Section 6 (Cookies, Tracking Technologies, and Do Not Track) above.

Targeted Advertising. For targeted advertising cookies, you can opt out through industry self-regulation programs like the Digital Advertising Alliance (DAA) at www.aboutads.info/choices or the Network Advertising Initiative (NAI) at www.networkadvertising.org/choices. Opting out of interest-based advertising does not mean you will no longer see advertisements, but rather that the ads you see may be less relevant to your interests. You may also exercise your Right to Opt-Out of Sale or Sharing as described in the “Your Privacy Rights” section above.

13.  State-Specific Privacy Rights

California Residents. This Privacy Policy is designed to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (CCPA). The rights described in the “Your Privacy Rights” section above reflect the rights afforded to California residents under the CCPA. Additionally, under California Civil Code Section 1798.83 (the “Shine the Light” law), California residents who have an established business relationship with us may request information regarding whether we have disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. We do not share your Personal Information with third parties for their own direct marketing purposes without your consent.

Financial Incentives. We do not currently offer any financial incentives (such as price or service differences) in exchange for the retention or sale of your Personal Information. If we offer any such programs in the future, we will provide you with the material terms of the program, obtain your opt-in consent before enrolling you, and allow you to opt out at any time.

Other State Privacy Laws. In addition to California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with certain privacy rights. The rights described in the “Your Privacy Rights” section above generally cover the rights afforded under these state laws. The exact scope of these rights may vary by state. For example, the Right to Correct may not apply in Iowa and Utah, and certain opt-out rights may be limited in some states.

Nevada Residents. Nevada provides its residents with a limited right to opt out of certain personal information sales. Residents who wish to exercise this sale opt-out right may do so by sending a written notice to optout@emaildms.com. However, please know we do not sell your Personal Information for monetary consideration. Only in the case of a merger, sale, financing, acquisition, or other transaction involving all or part of us may your information be involved in such a transaction.

14.  Governing Law

This Privacy Policy is governed by and construed in accordance with the laws of the State of Florida, without reference to its principles of conflict of laws. For any dispute arising out of or relating to this Privacy Policy, the dispute resolution and arbitration provisions set forth in the Terms shall apply. By using our Services, you consent to the application of United States law and Florida law to the use and disclosure of your information in accordance with this Privacy Policy.

15.  How to Submit a Request; How to Contact Us

If you have any questions regarding this Privacy Policy, our privacy practices, or if you wish to exercise any of your privacy rights, you may contact us or submit a request by:

Emailing us at: optout@emaildms.com
Call us at: 727-942-7117

Mailing us at:
Diamond Media Solutions, Inc.,
40946 US Highway 19 N, #424
Tarpon Springs, Florida 34689

Verification Process. When you submit a request, we will take steps to verify your identity before processing your request. We will ask you to provide certain information to match with information we have on file about you. The verification process may vary depending on the type of request and the sensitivity of the Personal Information involved. For requests to know specific pieces of Personal Information or requests to delete, we will apply a higher level of verification. If we cannot verify your identity to a sufficient level of certainty, we will not be able to fulfill your request and will notify you accordingly.

Authorized Agents. You may designate an authorized agent to submit a request on your behalf. To designate an authorized agent, you must provide the agent with written permission signed by you to act on your behalf. We may require that you verify your own identity directly with us and confirm that you have authorized the agent. If an authorized agent submits a request on your behalf, we may require proof of authorization, such as a power of attorney or other written authorization signed by you.

Response Timing. We will respond to verifiable requests within 45 days of receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. To appeal a decision regarding a consumer rights request, please send a written appeal notice to optout@emaildms.com.

EU Residents. If you are a resident of the European Union, you may also file a complaint with a competent data protection authority regarding the processing of your Personal Data. While we suggest that you contact us first, you may contact the competent data protection authority directly.

We take our users’ privacy concerns seriously. If you believe that we have not complied with this Privacy Policy with respect to your Personal Information, please write to us at the address above, and we will investigate and attempt to resolve any complaints or disputes.