Privacy Notice for California Residents
Effective Date: October 10, 2022
Last Reviewed on: October 10, 2022
This Notice does not apply to (a) employment-related personal information collected from California-based employees, job applicants, contractors or similar individuals, or (b)personal information reflecting a written or verbal business-to-business communication (“B2B personal information”) to the extent that complying with certain requirements of the CCPA is temporarily exempted for such information.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household or device (“personal information”).
Personal information does not include:
• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
C. Commercial information.
D. Internet or other similar network activity.
E. Geolocation data.
F. Sensory data.
We obtain the categories of personal information listed above from the following categories of sources:
• Directly from you when you provide it to us. For example, information that you provide at the time of registering for the use of the App, subscribing to certain services, or requesting further services.
• Automatically when you use the App, such as your usage details, device information or location information. We use this information for system administration purposes in order to enhance the operation of the App, to make the App more useful to users, and to identify potential security threats and fraudulent activity.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
• To provide you with the App and its contents, and any other support, information or services that you request from us.
• To fulfill any other purpose for which you provide it.
• For testing, research, analysis and product development, including to develop and improve the App and other services.
• To help maintain the safety, security and integrity of the App, our products and services, databases and other technology assets, and business.
• To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about App users is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
• Our subsidiaries and affiliates to deliver services or facilitate the provision of services to you.
• Our contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the us about users is among the assets transferred.
• Courts or law enforcement agencies to comply with any court order, law or legal process, including to respond to any government or regulatory request.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, the Company has not disclosed personal information for a business purpose.
Sales of Personal Information
We disclose your information for a business purpose to contractors, service providers, and other third parties that we use to support our business (“Partners”) and who are bound by contractual obligations to us to keep personal information confidential and use it only for the purposes for which we disclose it to them (see “Disclosures of Personal Information for a Business Purpose”). Under the CCPA, disclosing information to Partners in the above-described manner may be considered as a “sale” of personal information. We do not sell your personal data to, or share it with, such Partners or others for purposes of their own direct marketing or advertising, except with your consent.
Except for disclosures as described above, we do not sell any of your information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights”), we will disclose to you:
• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights”), we will delete and/or direct our service providers to delete your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
2. Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for such activities.
3. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
4. Comply with a legal obligation.
5. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B personal information.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by emailing us at Tech@optiveiwusa.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please issue a power of attorney granting the agent the power to submit a consumer request to us on behalf of you, and send a copy of such power of attorney to us via email at Tech@optiveiwusa.com.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
In case you are not able to submit a request through your password protected account, we may take the following measures to verify your identity:
• Requesting you to provide a photo ID.
• Conducting a telephone interview with you.
• Requesting you to sign an acknowledgement letter saying that you are the data subject.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information “Sales Opt-Out and Opt-In Rights.”
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) 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.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by sending an email to us at Tech@optiviewusa.com.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We currently do not provide financial incentives defined in CCPA.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our websites and App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to Tech@optiviewusa.com or write us at: Optiview, Inc. 5211 Fairmont Street Jacksonville, FL 32207; ATTN: Legal Department
Changes to Our Privacy Notice
We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will send a reminder through the App and update the Notice’s effective date. Your continued use of the App following the posting of changes constitutes your acceptance of such changes.
Optiview, Inc. 5211 Fairmont Street Jacksonville, FL 32207; ATTN: Legal Department