Mobile App Privacy Policy

Last modified: October 10, 2022

Introduction

Optiview, Inc. (“we,” or “us”) respects your privacy and is committed to protecting it through our compliance with this Mobile App Privacy Policy (the “Policy”). This Policy describes the types of information we may collect or that you may provide to us when you download, install, register with, access or use the ‘Optiview VMX-M’ software application for mobile devices and tablets (the “App”), and our practices for collecting, using, maintaining, protecting and disclosing that information.

This Policy applies only to information we collect in or through the App and in email, text, and other electronic communications sent through or in connection with the App.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.

BY CHECKING THE CONSENT BOX FOR THIS POLICY AND THE TERMS OF USE OR USING OR ACCESSING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THE TERMS OF USE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE THAT YOU ARE LEGALLY BOUND BY THIS POLICY AND THE TERMS OF USE. IF YOU DO NOT AGREE TO THIS POLICY OR THE TERMS OF USE, DO NOT ACCESS OR USE THE APP AND DELETE IT FROM ALL OF YOUR MOBILE DEVICES AND TABLETS.

WE MAY MODIFY THIS POLICY FROM TIME TO TIME (SEE “CHANGES TO OUR PRIVACY POLICY” BELOW). YOUR CONTINUED USE OF THIS APP AFTER WE REVISE THIS POLICY MEANS YOU ACCEPT ANY CHANGES.

Children Under the Age of 16

The App is not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at Tech@optiviewusa.com. California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Privacy Notice for California Residents for more information.

Video and Audio Data

The App allows you to access and view surveillance data captured or recorded by Compatible Hardware (as defined in the Terms of Use). This “Surveillance Data” comprises (a) video (and in some cases audio) recordings or live feeds or streams and still photographic images; and (b) readings or data from physical or virtual sensors (to the extent offered by or included with Compatible Hardware and supported by the App), including motion detection sensors, event sensors, temperature sensors, window/door sensors, passive infrared sensors, water sensors, carbon dioxide sensors and ambient light sensors. Your Surveillance Data is captured and stored locally on your Compatible Hardware and/or on your device where the App is installed. We treat your Surveillance Data differently than other data types. Notwithstanding anything to the contrary in this Policy, neither we nor our service providers will access your Surveillance Data, except (a) with your consent for the limited purpose of providing support services to you in connection with the App and/or the Compatible Hardware or for such other purposes as you may authorize or designate, or (b) to the extent legally compelled, including, without limitation, as required by subpoena, judicial order, civil investigative demand, or other similar legal process.

Information We Collect and How We Collect It

We collect information from and about users of the App directly from you when you provide it to us and/or automatically when you use the App.

Information You Provide to Us

When you download, register with, or use the App, we may ask you to provide information:

• By which you may be personally identified, such as your account name, account password, email address, geolocation and any other identifier by which you may be contacted online or offline (“personal information”). Note that “personal information” does not include “aggregated” or “de-identified” information that cannot be used to personally identify you.

• That is about you but individually does not identify you. This information includes:

- Information that you provide at the time of registering to use the App, subscribing to our services or requesting further services, activating certain functions, and when you report a problem with the App.

- Records and copies of your correspondence (including email addresses), if you contact us.

- Your product reviews and feedback for the App.

- Your responses to surveys that we might ask you to complete for research purposes.

Automatic Information Collection

When you download, access or use the App, it may use technology to automatically collect:

• Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, logs, and other communication data and the resources that you access and use on or through the App.

• Device Information. We may collect information about your mobile device and Internet connection, including the device’s unique device model, unique identifier, IP address, MAC address, software version, network access mode & type, latitude & longitude (if needed), accelerator (gravity-activated device) and operation logs.

• Location Information. The App does NOT collect the real-time location of your device. It only identifies and collects the country and/or region your device is located in when you are signing in to the App for the purpose of connecting the App to a nearby server. The location information collected is not personally identifiable.

If you do not want us to collect this information, you can turn off the automatic collection by going to About in your App and disabling the User Experience Plan feature, or you can choose not to access or use the App and delete it from all of your mobile devices and tablets.

Third-Party Information Collection

When you use the App or its content, certain third parties such as your mobile device manufacturer or your mobile service provider may use automatic information collection technologies to collect information about you or your device. These third parties may use tracking technologies to collect information about you when you use the App. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly.

How We Use Your Information

We process your personal information on the basis of the following legal grounds: (a) with your consent, (b) for the performance of a contract with you, (c) to comply with legal obligations to which we are subject, and/or (d) our legitimate interests or the interests of a third party as described in this Privacy Policy. When we process your personal information for our legitimate interests or the interests of a third party, we will take reasonable measures to prevent unwarranted harm to you.

Specifically, we use information that we collect about you or that you provide to us, including any personal information:

• 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 compelled by applicable law.

• 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.

The usage information we collect helps us to improve the App and to deliver a better and more personalized experience by enabling us to estimate our audience size and usage patterns, store information about your preferences, customize the App according to your individual interests, speed up your searches and recognize you when you use the App.

Disclosure of Your Information

We may disclose aggregated or de-identified information about our users, and other information that does not identify any individual or device, without restriction.

In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates to deliver services or facilitate the provision of services to you.

• To 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.

• To a buyer or other successor in the event of 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.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce our rights arising from any contracts entered into between you and us, including the App Terms of Use.

Your Choices About Our Collection, Use and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

• Automatic Information Collection. You can turn off the automatic information collection in the App by going to About in the App and disabling the User Experience Plan feature. If you disable this feature, you will still be able to use the App and the App will still function properly, however, you might experience issues such as minor lagging.

• Location Information. This App does NOT collect real-time location of your device. It only identifies and collects the country and/or region you are located in when you are signing in to the App for the purpose of connecting the App to a nearby server. The location information collected is not personally identifiable. You can disable the App’s ability to collect and use your location information when you are registering the App or by going to About in the App and disabling the User Experience Plan feature. If you block the use of location information, you will still be able to use the App and the App will still function properly, however, you might experience issues such as minor lagging.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Privacy Notice for California Residents for more information.

Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page. If you are not able to find your personal information, you may also send us an email at Tech@optiviewusa.com to request access to, correct or delete any personal information that you have provided to us. You may also object to or request us to restrict the processing of your personal information. If we process your personal information based on your consent, you may withdraw your consent at any time by contacting us (see below).

California residents may have additional personal information rights and choices. Please see Privacy Notice for California Residents for more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the App who 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 Attention: Legal Department.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access the App or certain features of the App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the App.

Changes to Our Privacy Policy

We reserve the right to modify this Policy from time to time in our sole discretion. If we make material modifications to the Policy, we will notify you by sending you an in-App alert the first time you use the App after we make the change. The date this Policy was last revised is identified at the top of the page. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter; provided, however, to the extent required by law, we will seek your affirmative consent prior to making material modifications to this Policy on how we use or disclose personal information that we collected or received prior to the date of the modification. Your continued use of the App following the posting of revisions means that you accept and agree to the modifications. You are expected to check this Policy frequently, so you are aware of any modifications, as they are binding on you.

Contact Information

To ask questions or comment about this Policy and our privacy practices, contact us at:

Email:                Tech@optiviewusa.com
Postal Address: Optiview, Inc 5211 Fairmont Street, Jacksonville, Fl 32207 Attention: Legal Department.