Privacy Policy
1.1 The P. N. Shah Group of Companies (any company owned at least 51% by P. N. Shah Diamonds or any trust settled by P. N. Shah Diamonds, and its subsidiaries and affiliates) (“P. N. Shah Diamonds” or “we”) offers services to the international diamond, gem and jewelry industry, including information, pricing, trading, auction, laboratory and grading services (“Services”). In order to operate the Services and to be in compliance with United States and other laws and regulations, including the USA PATRIOT ACT, OFAC and GDPR requirements, P. N. Shah Diamonds may ask you to provide us with company, personal, credit card and/or bank account details. This Privacy Policy applies to all P. N. Shah Diamonds websites, apps and Services and describes the information we collect and how we use that information. P. N. Shah Diamonds will be the controller of your personal data provided, collected, or processed in connection with our Services.
1.2 P. N. Shah Diamonds takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Privacy Policy. We will not sell or rent your personally identifiable information or a list of our customers to third parties. There are limited circumstances in which some of your information will be shared with third parties as described below.
1.3 This Privacy Policy applies to P. N. Shah Diamonds clients who use the Services and, where applicable, to non-clients (visitors) who view and interact with content and data on some of our websites, apps or Services. By using our websites, apps or Services, you agree to accept the provisions of this Privacy Policy. By applying for any of the Services, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy forms a part of and is incorporated into the terms of the relevant Agreement between you and P. N. Shah Diamonds governing the provision of the Services.
1.4 P. N. Shah Diamonds will hold and transmit your personal information in a safe, confidential and secure environment in accordance with applicable laws and regulations. If you object to your personal information being transferred or used as described in this Privacy Policy, please do not register, subscribe for, or use the Service.
2.1 This policy may be revised over time as new features are added to the Services or as we incorporate suggestions from our customers. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only 30 days after we post an amended Privacy Policy.
2.2 We will post the amended Privacy Policy on our websites and apps so that you can always review what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check this website at any time for the most current version of our Privacy Policy.
2.3 Our Services may include links to third party websites. These sites are governed by their own privacy statements, and P. N. Shah Diamonds is not responsible for their operations, including but not limited to their information practices. By submitting your information to or through these third party websites you should review the privacy statement of these sites before providing them with personally identifiable information.
3.1 Required Information
To subscribe or use the Services, you must provide personal and company details, address,
phone number, and e-mail address. In order to trade through our Trading Division or RapNet trading systems,
you may be required to provide trade references, credit card, debit card or bank account information. This
information is necessary for us to approve your membership and to process transactions or to contact you
should the need arise in administering your membership.
If you choose to register or apply for
certain optional/additional features, products or Services offered through P. N. Shah Diamonds, you may be
required to provide additional information to establish that you qualify for such features or products.
3.2 Use of Services
Information
We log all usage data including chats and communications when you visit or
otherwise use our Services, including our sites, app and platform technology (e.g., our off-site plugins),
such as when you view or click on content (e.g., news article) or ads (on or off our sites and apps), perform
a search, install or update one of our mobile apps, share articles or list diamonds. We use log-ins, cookies,
device information, location and internet protocol (“IP”) addresses to identify you and log your use.
3.3 Transaction
Information
When you list an item for sale (for example, a diamond), purchase or sell an
item, or use any of the Services in any way, we record all information related to each transaction.
3.4 Information About You From Third
Parties
In order to protect us and our customers against potential fraud or in order to
perform compliance obligations, we may verify with third parties the information you provide. In the course of
such verification, we receive personally identifiable information about you from such services. This may
include background and credit check from a credit bureau or a business information service such as Dun &
Bradstreet, as well as OFAC and FBI or other law enforcement information. P. N. Shah Diamonds, at its sole
discretion, also reserves the right periodically to retrieve and review a business and / or consumer credit
report for any account, and reserves the right to close an account based on information obtained during this
credit review process or for any reason whatsoever.
3.5 Additional Verification
If we cannot verify the
information that you provide we may ask you to send us additional information (such as your drivers’ license,
credit card statement, and/or a recent utility bill or other information linking you to the applicable
address), or to answer additional questions.
3.6 Website Traffic Information
We automatically receive
the web address of the site that you came from or are going to. We also collect information about your IP
address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP
or your mobile carrier. If you use our Services from a mobile device, that device will send us data about your
location based on your phone settings. We record which pages of our website you visit and what links or
buttons you click on. We also may record screen videos of your mouse movements and data input while you are on
the site. We use this information for analytical purposes and to understand our customers’ preferences and
usage patterns, so as to improve our Service and your experience with P. N. Shah Diamonds.
3.7 P. N. Shah Diamonds Inbox and messages
Messages sent
to you and from you through any inbox, message center, chat or other Diamonds.com communication tools are kept
and maintained by Diamonds.com or its third party providers.
3.8 Our Use of “Cookies”, Web Beacons and Similar
Technology
We use cookies and similar technologies (e.g., web beacons, pixels, ad tags and device
identifiers) to recognize you and/or your device(s) on, off and across different Services, websites and apps.
Cookies will allow you to revisit without losing many of your settings. You can set your web browser to warn
you about attempts to place cookies on your computer, limit the type of cookies you allow or refuse cookies
altogether; however, you may not be able to use some or all of the features of the Services if you
refuse/disable cookies. A more detailed explanation of different types of cookies and our use of such cookies
is set out at the end of this Privacy Policy.
3.9 Customer Service Correspondence
We may retain any
correspondence you send us and our replies to you. Such information is often placed in the records of your
account. We may also record phone calls to or from our various offices. We retain these records in order to
measure and improve our customer service, maintain a history of your relationship with us and to investigate
potential fraud and violations of our Agreement. We may, over time, delete these records if permitted by law.
3.10 Questionnaires, Surveys and Profile Data
From time to
time, we offer optional questionnaires and surveys to our clients for such purposes as collecting demographic
information or assessing clients’ interests and needs. The use of the information collected will be explained
in detail in the survey itself. If we collect personally identifiable information from our clients in these
questionnaires and surveys, the clients will be given notice of how the information will be used prior to
their participation in the survey or questionnaire.
4.1 Internal Uses
We collect, store and process your
personal information on servers located in the United States. We use the information we collect about you in
order 1) to provide our services and process your transactions, 2) to provide customer service, 3) to
determine your eligibility to receive special trading privileges or products 4) to improve our products and
services and 5) for the marketing of our Services to you and others.
We process this information
given our legitimate interest in providing and improving our Services, and for the adequate performance of our
contract with you.
4.2 Disclosure to Other P. N. Shah Diamonds Customers
If
you are a registered P. N. Shah Diamonds customer, information in your profile (for example your name, company
name, telephone numbers) and other personal information, may be displayed to other P. N. Shah Diamonds
customers via our Services. Should you be expelled or excluded as a member/customer, your name and member
details may be posted online. However, your credit card number will NEVER be revealed to anyone other than 3rd
party PCI compliant payment processors, except with your express written permission or if we are required to
do so pursuant to a subpoena or other legal process. We process this information given our legitimate interest
in providing the Services.
4.3 Disclosure to Third Parties Other Than P. N. Shah Diamonds
Customers
P. N. Shah Diamonds will not sell, rent or share any of your personally identifiable
information to third parties, except in the limited circumstances described below, or with your express
permission (or with other P. N. Shah Diamonds customers as described above). We disclose information we
collect in response to a law enforcement request, subpoena, warrant, court order, levy, attachment, order of a
court-appointed receiver or other comparable legal process, including subpoenas from private parties in a
civil action.
We disclose information we collect in circumstances in which P. N. Shah Diamonds
believes the Services are being used in the commission of a crime; when we have a good faith belief that there
is an emergency that poses a threat to the safety or security of you or another person; or when necessary
either to protect the rights or property of P. N. Shah Diamonds, the Services or our subsidiaries, or
affiliates in the P. N. Shah Diamonds Group, or for us to render the Services provided. We disclose
information we collect to your agent or legal representative (such as the holder of a power of attorney that
you grant, or a guardian appointed for you).
Where permissible according to applicable law, we may
use certain limited personal information about you, such as your email address, to hash it and to share it
with social media or advertising platforms, such as Facebook or Google, to generate leads, drive traffic to
our websites or otherwise promote our Services. These processing activities are based on our legitimate
interest in undertaking marketing activities to offer you and others products or services that may be in your
or their interest.
The social media platforms with which we may share your personal data are not
controlled or supervised by P. N. Shah Diamonds and they are considered data processors.
Please
note that you may, at any time ask P. N. Shah Diamonds to cease processing your data for these direct
marketing purposes by sending an e-mail to opt-out to info@pnshah.com
We share aggregated statistical data with our business partners
or for public relations. For example, we may disclose that a specific percentage of our clients have addresses
in New York. However, this aggregated information is not tied to personally identifiable information. We share
your information with our parent, subsidiaries, affiliates and joint ventures to help coordinate the Services
we provide to you, enforce our terms and conditions, and promote trust and safety.
We share your
information with third party companies that perform services on our behalf, including payment and subscription
processing, order fulfillment, data analysis, marketing services, e-mail campaigns, hosting services, and
customer service. While providing services for us, these companies act as Data Processors and may access your
personal information, and are required to use it solely as directed by us for the purpose of our requested
service. We may also share your information with third party companies that we partner with to provide certain
services to you in connection with the Services. We only share the minimum data needed for Data Processors to
perform the services for which they are contracted.
We process this information for the purposes
listed in this section given our legitimate interest in undertaking marketing activities to offer you and
others our Services. You may opt out of marketing communications by following the unsubscribe instructions in
our marketing communications.
4.4 Our Contacts with P. N. Shah Diamonds Customers
We
will contact you through email, mobile phone, notices posted on our websites or apps, messages to your P. N.
Shah Diamonds Inbox, and other ways through our Services, including text messages and push notifications. We
will send you messages about the availability of our Services, security, or other service-related issues. We
also send messages about how to use the Services, network updates, reminders and promotional messages from us.
Please be aware that you cannot opt-out of receiving service messages from us, including security and legal
notices, as doing so would prevent us from providing the Services to you. We use your information to contact
you given our legitimate interest in providing the Services.
We also enable communications between
you and others through our Services, including for example P. N. Shah Diamonds Inbox.
4.5 Your Use of Information and Our Services
Where
applicable, in order to facilitate the transactions between P. N. Shah Diamonds clients, our Services may
allow you limited access to other clients’ contact or shipping information. In such circumstances, as a member
you may have access to the member information, email address or other contact or shipping information of other
members. By consenting to the applicable License Agreement, you agree that you will not share P. N. Shah
Diamonds access logins and you will only use this information for: (a) P. N. Shah Diamonds-related
communications that are not unsolicited commercial messages, (b) using services offered through P. N. Shah
Diamonds (e.g. diamond sales, shipping or insurance), and (c) any other purpose that such client expressly
agrees to after adequate disclosure of the purpose(s). In all cases, you must provide clients with the
opportunity to remove themselves from your database and review any information you have collected about them.
In addition, under no circumstances, except as defined in this Section, can you disclose personally
identifiable information about another P. N. Shah Diamonds client to any third party without our consent and
the consent of such other client after adequate disclosure. Note that law enforcement personnel and other
rights holders are given different rights with respect to information they access.
4.6 Spam Prohibited
P. N. Shah Diamonds does not
tolerate spam. You may not add a P. N. Shah Diamonds client to your marketing lists (email, phone, physical
mail or any other electronic or physical form of communication) without their express consent after adequate
disclosure, even if that client has previously made a purchase from you. We strictly enforce our Anti-Spam
Policy. To report P. N. Shah Diamonds-related spam, please send an email to: info@pnshah.com
5.1 Data Retention
We will store your data until such
time when you request us to delete it. In some cases you may need to close your Account with us in addition to
requesting data deletion. All other data will be retained for as long as is necessary for the purpose(s) for
which we originally collected it. We may also retain information as required by law.
5.2 Rights to Access and Control Your Personal Data
Any
requests relating to the following rights should be sent to info@pnshah.com
Delete Data: You can ask us to erase or delete all or some of
your personal data if it is no longer necessary to provide Services to you.
Change or Correct Data:
You can edit some of your personal data through your account. You can also ask us to change, update or fix
your data in certain cases, particularly if it’s inaccurate.
Object to, or Limit or Restrict, Use
of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to
keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully
held).
Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and
can ask for a copy of personal data you provided in machine readable form.
5.3 Account Closure
We keep some of your data even after
you close your account.
If you choose to close your account, your personal data will generally stop
being visible to others on our Services within 24 hours. We generally remove diamond information and profiles
within 24 hours of account closure and this information will no longer be visible to clients of the
Services.
We retain your personal data even after you have closed your account if reasonably
necessary to comply with our legal obligations (including law enforcement requests), meet regulatory
requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our License Agreements, or
fulfill your request to “unsubscribe” from further messages from us. We will retain de-personalized
information after your account has been closed.
Information you have shared with others (e.g.,
through Inbox, emails, posts etc…) will remain visible after you closed your account or deleted the
information from your own profile or mailbox, and we do not control data that other Members copied out of our
Services.
5.4 Lawful Bases for Processing
We will only collect and
process personal data about you where we have lawful bases. Lawful bases include consent (where you have given
consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver
the Services you have requested)) and legitimate interests.
Where we rely on your consent to
process personal data, you have the right to withdraw or decline your consent at any time and where we rely on
legitimate interests, you have the right to object. If you have any questions about the lawful bases upon
which we collect and use your personal data, please contact our Data Protection Officer (info@pnshah.com).
6.1 P. N. Shah Diamonds is committed to handling your customer information with high standards of information security. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to safeguard your nonpublic personal information.
6.2 The security of your subscription to any of the Services also relies on your protection of your password. You may not share your password with anyone. P. N. Shah Diamonds will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the website.
6.3 Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to P. N. Shah Diamonds immediately. If you do share your P. N. Shah Diamonds password with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please contact us immediately on info@pnshah.com
Cookies can be used to recognize you when you visit our Services, remember your preferences, and give you a personalized experience that’s in line with your settings. Cookies also make your interactions with our Services faster and more secure. Additionally, cookies allow us to bring you advertising both on and off the P. N. Shah Diamonds sites, and bring customized features to you.
Categories of
Use Description
Authentication If you’re signed in to P. N. Shah Diamonds Services,
cookies help us show you the right information and personalize your experience.Security We use cookies to
enable and support our security features, and to help us detect malicious activity and violations of our user
License Agreement.Preferences, features and services Cookies can store your custom print settings, other
custom settings and tell us which language you prefer.Advertising We may use cookies to show you relevant
advertising both on and off the P. N. Shah Diamonds sites. We may also use a cookie to learn whether someone
who saw an ad later visited and took an action (e.g. downloaded a white paper or made a purchase) on the
advertiser’s site. Similarly, our partners may use a cookie to determine whether we’ve shown an ad and how it
performed, or provide us with information about how you interact with ads. We may also work with a partner to
show you an ad on or off P. N. Shah Diamonds, such as after you’ve visited a partner’s site or
application.Performance, Analytics and Research Cookies help us learn how well our site and plugins perform in
different locations. We also use cookies to understand, improve, and research products, features, and
services.
