Last Updated: July 01, 2022.

This DiamWall Privacy Policy (“Policy”) outlines the personal information that NXSR, Lda. (“DiamWall”, “we”, “us” or “our”) gathers, how DiamWall uses that personal information, and the options you have, to access, correct, or delete such personal information. DiamWall wants to contribute to a better Internet by establishing trust with their customers, users, and the Internet community globally. To earn and keep that trust, DiamWall commits to communicating transparently, providing security, and protecting the privacy of data on DiamWall’s systems. We believe your personal information is personal and private. Therefore, we will not sell or rent or make available your personal information to anyone. We will not share or otherwise disclose your personal information except as necessary to provide our Services or as otherwise described in this Policy without first providing you with notice and the opportunity to consent.

1. POLICY APPLICATION

This Policy applies to DiamWall’s collection, use, and disclosure of the personal information of the following categories of data subjects:

• Website Visitors: Those who visit DiamWall’s Websites, including those who may opt to provide an email address or other contact information to receive communications from DiamWall, fill out a survey, or provide feedback. For the purposes of this Policy, “Websites” refer collectively to www.diamwall.com as well as any other websites DiamWall operates for its own behalf and that link to this Policy. For clarity, “Websites” does not include any sites owned or operated by DiamWall Customers, including where we serve as Registrar.
• Customers: Individuals or entities who enter into a subscription agreement with DiamWall and to whom DiamWall provides Services pursuant to such agreement. For purposes of this Policy, “Services” shall refer to all the cloud-based solutions offered, marketed, or sold by DiamWall that are designed to increase the performance, security, and availability of Internet properties, applications, devices, and networks, along with any software, software development kits, and application programming interfaces ("APIs") made available in connection with the foregoing.
• Administrative Users: Those with login credentials for a DiamWall account and/or those who administer any of the Services for a Customer. In some cases, an Administrative User and Customer may be the same individual. In other cases, an Administrative User may be an agent acting on behalf of a Customer.
• End Users: Those who (i) access or use our Customers’ domains, networks, websites, application programming interfaces, and applications, or (ii) Customers’ employees, agents, or contractors, who access or use Services, such as DiamWall Zero Trust Authentication Zone end users.

This Policy does not apply to DiamWall Customers’ domains, websites, APIs, applications, and networks, which may have their own terms and privacy policies. Our Customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, including those relating to the collection of personal information, in connection with the use of our Services by End Users with whom our Customers interact.

DiamWall’s Websites and Services are not intended for, nor designed to attract, individuals under the age of eighteen. DiamWall does not knowingly collect personal information from any person under the age of eighteen. To the extent we become aware that we have the personal information of a person under the age of eighteen, we will delete that information.

When DiamWall is a reverse proxy, our IP addresses may appear in WHOIS and DNS records for websites using our Services. We are a conduit for information controlled by others. It is our Customers and their users who are responsible for the content transmitted across our network (e.g., images, written content, graphics, etc.).

2. COLLECTED INFORMATION (CATEGORIES OF DATA SUBJECTS)

Z Website Visitors

• Name, email address, and other contact information: DiamWall may ask for and—at your option—collect personal information from you when you submit web forms on our Websites, including opportunities to sign up for and agree to receive email communications from us. We may ask you to submit such personal information if you choose to use interactive features of the Websites, including participation in surveys, contests, promotions, sweepstakes, or studies, requesting customer support, submitting feedback, or otherwise communicating with us. We will send such communications in accordance with applicable law.
• Log files: Just as when you visit and interact with most websites and services delivered via the Internet, when you visit DiamWall Websites, we gather certain information and store it in log files. This information may include but is not limited to Internet Protocol (IP) addresses, system configuration information, URLs of referring pages, and local and language preferences.
• Cookies and other tracking technologies: We may use cookies and other information-gathering technologies for a variety of purposes, such as providing us with information about how you interact with our Websites and assisting us in our marketing efforts. You may view a complete list of cookies and change your cookie preferences by clicking on the “Cookie Preferences” link in the footer of the DiamWall homepage at diamwall.com or in the banner displayed when you visit DiamWall Websites from certain countries (such as the European Economic Area and the UK). Note that if you disable cookies entirely, DiamWall’s Websites may not function properly. DiamWall may also use cookies and similar technologies to provide you advertising on third-party sites based upon your browsing activities and interests. In addition to exercising cookie choices through our “Cookie Preferences” link, if you do not want to have cookies and similar technologies used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union, the United Kingdom, or Switzerland, clicking here). For more information about the cookies DiamWall uses and your privacy choices, please see our Cookie Policy.
• Material contribution in Interactive Areas: The DiamWall Websites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features (“Interactive Areas”). If you choose to participate in any of these Interactive Areas, please be aware that any information that you post in an Interactive Area might be read, collected, and used by others who access it. If you wish to remove your personal information from any of our Interactive Areas, please see the Section 8, below.

Customers and Administrative Users

• Customer Account Information: When you register for an account, DiamWall collects contact information. Depending on the subscription level, this contact information may include your Customer name, the email address(es) of your account administrator(s), telephone number, and addresses necessary to process payment, billing and / or delivery of Services. In addition, when you use the Services, DiamWall collects information about how you configure your account and the Services (e.g., firewall settings for the domains you administer). DiamWall refers to all this information collectively as “Customer Account Information” for the purposes of this Policy. Customer Account Information is required to enable your access to your DiamWall account and Services. By providing DiamWall any personal information, we assume that you are the owner of such personal information or otherwise have the requisite consent to provide it to us. We also maintain logs of Administrative Users’ activity (e.g., actions taken to configure settings in Customers’ account).
• Payment information: We do not require DiamWall Customers to have payment information on file with us unless they have a paid subscription to our Services. When DiamWall Customers sign up for one of DiamWall paid Services, they must provide payment and billing information. The information you will need to submit depends on which payment method you choose. For example, if you pay with a credit card, we will collect your card information and billing address, although we do not store full credit card numbers or personal account numbers.
• Crash Reports: When DiamWall Services encounter an unexpected error, Customers may be asked to submit a crash report, which may contain personal information. Customers will have an opportunity to review the content of the report prior to submitting the report to DiamWall.

End Users

• Logs: DiamWall processes logs of End Users’ interactions with Customer’s Internet Properties and the Services. This information is processed when End Users access or use DiamWall Customers’ domains, websites, APIs, applications, devices, end points, and networks that use one or more of DiamWall’s Services, and when End Users access or use Services, such as DiamWall Zero Trust. The information processed may include but is not limited to IP addresses, system configuration information, and other information about traffic to and from Customers’ websites, devices, applications, and/or networks.
• The End User logs that we make available to our Customers via the Service dashboard or other online interface are specifically defined as “Customer Logs”.

Registrants

• Contact and domain information: DiamWall collects data such as domain name and status, contact information (such as name, organization, address, phone number and email address), name server, DNSSEC, and Form of Approval (i.e., full WHOIS capture at time of transfer into our system, including the IP address that initiated the transfer).

Network Data. DiamWall collects and stores Network Data, which are models, observations, reports, analyses, statistics, databases and other information created, compiled, analyzed, generated or derived by DiamWall from server, network or traffic data generated by DiamWall in the course of providing the Service, including information required to help DiamWall identify, analyze, mitigate, prevent, and block malicious activities on DiamWall’s network. Examples of Network Data include service uptime and service availability metrics, request volumes, error rates, cache rates, origin and nature of malware, and IP threat scores.

3. HOW WE USE INFORMATION WE COLLECT

DiamWall only processes personal information in a way that is compatible with and relevant to the purpose for which it was collected or authorized. As a general matter, for the categories of data described in Section 2 above, we may use the information (including personal information, to the extent applicable) to:

• Provide, operate, maintain, improve, and promote the Websites and Services for all users of the Websites and Services;
• Enable Customers to access and use the Websites and Services;
• Process and complete transactions, and send you related information, including purchase confirmations and invoices;
• Send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages;
• Comply with legal obligations as well as to investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
• For other purposes for which DiamWall obtains your consent.

In addition, DiamWall may use the information collected from Attendees, Websites Visitors, and Registrants, as well as Customer Account Information for the following purposes:

• Send commercial communications, in accordance with communication preferences, such as providing information about products and services, features, surveys, newsletters, offers, promotions, contests, and events about us and our partners; and send other news or information about DiamWall and our partners. See Section 9 below for information on managing your communication preferences.
• Process and deliver contest or sweepstakes entries and rewards;
• Monitor and analyze trends, usage, and activities in connection with the Websites and Services and for marketing or advertising purposes;
• Personalize the Websites and Services, including by providing features or content that match your interests and preferences;

Information from Third Party Services. DiamWall may combine collected information as described in Section 2 above with personal information obtained from third parties.

4. DATA AGGREGATION

DiamWall may aggregate data acquired about DiamWall Customers, Administrators and End Users. Non-personally identifiable, aggregated data may be shared with third parties.

5. NOTICE TO UK AND EU RESIDENTS

Please note that the “personal information” referenced in this Privacy Policy means “personal data” as that term is defined under the European Union (“EU”) General Data Protection Regulations (“GDPR”) and its United Kingdom (“UK”) GDPR counterpart. DiamWall is a data controller for the personal information collected from all categories of data subjects listed above, with the following exceptions: DiamWall is a data processor of Customer Logs, Administrative User logs, and some account settings information. In addition, DiamWall is a data processor for any of the content provided by Customers and End Users through the Services that transits, or in some cases, is stored on, the DiamWall network. Where DiamWall is a data processor, DiamWall processes data on behalf of its Customers, pursuant to their data processing instructions.

If the Customer originates from the European Economic Area (the “EEA”), the UK or Switzerland, please note that DiamWall legal basis for collecting and using Customers’ personal information will depend on the personal information collected and the specific context in which DiamWall collects it. Normally, DiamWall will collect personal information from Customers only where: (a) DiamWall has the Customers’ consent to do so, (b) where DiamWall needs Customers’ personal information to perform a contract between the parts, or (c) where the processing is in DiamWall legitimate interests. If Customers do not provide the requested information, DiamWall will not be able to provide the requested service.

In some cases, DiamWall may also have a legal obligation to collect personal information from its Customers, or may otherwise need the personal information to protect Customers vital interests or those of another person. Where DiamWall relies on Customers’ consent to process their personal data, Customers have the right to withdraw or decline consent at any time. Where DiamWall relies on its legitimate interests to process Customers’ personal data, Customers have the right to object by emailing DiamWall at privacy@diamwall.com.

If you have any questions about or need further information concerning the legal basis on which DiamWall collects and uses your personal information, please contact us at privacy@diamwall.com.

6. INFORMATION SHARING

DiamWall works with other companies who help run DiamWall business (“Service Providers”). These companies provide services to help DiamWall deliver customer support, process credit card payments, manage and contact DiamWall’s existing Customers and Administrators as well as sales leads, provide marketing support, and otherwise operate and improve DiamWall Services. These Service Providers may only process personal information pursuant to DiamWall instructions and in compliance both with this Privacy Policy and other applicable confidentiality and security measures and regulations.

DiamWall does not permit its Service Providers to sell any personal information shared with them or to use any personal information shared with them for their own marketing purposes or for any purpose other than in connection with the services they provide to DiamWall.

In addition to sharing with Service Providers as described above, DiamWall also may share Customers’ information with others in the following circumstances:

• Within the DiamWall Group (defined for the purposes of this Policy as NXSR, Lda. (Portugal) and its subsidiaries listed Section 15);
• With DiamWall resellers and other sales partners who may help DiamWall distribute the Services to Customers;
• In the event of a merger, sale, change in control, or reorganization of all or part of DiamWall business;
• When DiamWall is required to disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise DiamWall’s legal rights or defend against legal claims. (Learn more about how DiamWall handles law enforcement requests legal@diamwall.com);
• Where DiamWall has a good-faith belief sharing is necessary to investigate, prevent or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of DiamWall’s Website Terms of Use, Self-Serve Subscription Agreement, and/or Enterprise Subscription Terms of Service; or as otherwise required to comply with DiamWall’s legal obligations; or
• As Customers may otherwise consent from time to time.

Notice to California Residents. DiamWall does not sell, rent, or share personal information with third parties as defined under the California Consumer Privacy Act of 2018 (California Civil Code Sec. 1798.100 et seq.), nor does DiamWall sell, rent, or share personal information with third parties for their direct marketing purposes as defined under California Civil Code Sec. 1798.83.

7. INTERNATIONAL INFORMATION TRANSFERS

DiamWall is a Portugal based company. DiamWall primarily stores your information in the United States and the European Economic Area. To facilitate DiamWall’s global operations, DiamWall may transfer and access such information from around the world, including from other countries in which DiamWall has operations for the purposes described in this Policy.

Whenever DiamWall transfers personal information originating in the EEA, the UK, or Switzerland with a third party service provider or partner outside the EEA, the UK, or Switzerland, DiamWall will implement appropriate safeguards, consistent with the laws of the territory from which the data is exported.

If you are accessing or using DiamWall’s Websites or Services or otherwise providing information to DiamWall, DiamWall may transfer your personal information outside of the EEA, the UK, or Switzerland, ensuring appropriate safeguards are in place to protect your personal information. We describe our additional safeguards here. If you have any questions about or need further information concerning the appropriate safeguards DiamWall has in place to protect your personal information, please contact us at privacy@diamwall.com.

While DiamWall no longer relies on the EU-U.S. and the Swiss -U.S. Privacy Shield as a lawful basis for international transfers of personal information from the EEA and Switzerland to the U.S. and the Swiss-U.S. Privacy Shield Frameworks respectively as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EEA, the UK, and Switzerland to the United States, respectively (“Privacy Shields”). DiamWall commits to periodically review and verify the accuracy of DiamWall’s policies and DiamWall’s compliance with the Privacy Shields. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. For more information on the EU-U.S. Privacy Shield or Swiss-U.S. Privacy Shield, please visit the U.S. Department of Commerce’s Privacy Shield website at: https://www.privacyshield.gov/welcome.

If you believe that DiamWall maintains copies of your personal information within the scope of the Privacy Shields, you may direct any inquiries to sar@diamwall.com or via mail to: NXSR, Lda., Rua Fialho de Almeida, 14, 2.Esq. Esc BS09, 1070-129 Lisboa, Portugal, Attn: Data Protection Officer. DiamWall will respond to your inquiry within 30 days of receipt and verification of your identity.

If you have an unresolved privacy or data use concern that DiamWall have not addressed satisfactorily, please contact our Portugal-based third party dispute resolution provider (free of charge) at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

If neither DiamWall nor DiamWall’s dispute resolution provider are able to resolve your complaint, as a last resort you may engage in binding arbitration through the Privacy Shield Panel.

DiamWall’s commitments under the Privacy Shields are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. DiamWall may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under such circumstances, DiamWall may be prohibited by law, court order or other legal process from providing notice of disclosure.

8. DATA SUBJECT RIGHTS AND CHOICES

DiamWall recognizes individuals’ data protection rights. You have the right to access, correct, update, port, or delete your personal information, and to restrict or object to the processing of your personal information (each of these a “Rights Request”). You may email us at sar@diamwall.com with any Rights Request, and we will respond within thirty (30) days. Customers and Administrative Users also can access, correct, export, or update their Account Information by editing their profile or organization record at diamwall.com.

For any Rights Request, DiamWall will need to verify a requestor is inquiring about their own information before DiamWall can assist. Where a Rights Request may implicate the personal information of another individual, DiamWall must balance the request against the risk of violating another person’s privacy rights. We will comply with Rights Requests to the extent required by applicable law or the US-Swiss or US-EU Privacy Shield. In the EEA, the UK, and Switzerland, you also have the right to lodge a complaint with a supervisory authority.

9. COMMUNICATION PREFERENCES

DiamWall will send you commercial communications based on the communication preferences in Customer account settings. DiamWall also will send Customers’ service-related communications. Customers may manage their receipt of commercial communications by clicking on the “unsubscribe” link located on the bottom of such emails, through Customers’ account settings if they have a DiamWall account, or Customers may send a request to unsubscribe@diamwall.com.

10. DATA SECURITY, DATA INTEGRITY AND ACCESS

DiamWall will take all reasonable steps to protect information received from its Customers, from accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access. DiamWall have put in place appropriate physical, technical and administrative measures to safeguard and secure Customers information, and DiamWall makes use of privacy-enhancing technologies such as encryption. If you have any questions about the security of your personal information, you can contact us at privacy@diamwall.com.

11. NOTIFICATION OF CHANGES

If DiamWall makes changes to this Policy that DiamWall believes to be materially impacting the privacy of your personal information, DiamWall will promptly provide notice of any such changes (and, where necessary, obtain consent), as well as post the updated Policy on this website noting the effective date of any changes.

12. BUSINESS TRANSACTIONS

DiamWall may assign or transfer this Policy, as well as information covered by this Policy, in the event of a merger, sale, change in control, or reorganization of all or part of DiamWall business.

13. ENGLISH LANGUAGE CONTROLS

Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

14. DISPUTE RESOLUTION

If you have an unresolved privacy or data-use concern that DiamWall has not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

15. CONTACT INFORMATION

NXSR, Unipessoal Lda.
Rua Fialho de Almeida, 14, 2.Esq – Esc BS09
1070-129 Lisboa
Portugal
Attention: Data Protection Officer privacy@diamwall.com