Effective date: January 1, 2025
Last updated date: January 1, 2025
At Optery, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and disclose your information as described in this Privacy Policy.
Remember that your use of Optery’s Services is at all times subject to our Terms of Use, https://www.optery.com/terms-of-service/, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
You may print a copy of this Privacy Policy by using the print function on your device.
As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. Each time this Privacy Policy is updated with changes, the âLast updated dateâ field at the top of this page will be updated. If we make materially significant changes to this Privacy Policy, we will also send you an email notification along with a summary of changes to the primary email address on your account. Please note that if you have not created an account, or you havenât provided us with your email address, or you do not read the required account update emails we send you, those notices will still govern your use of the Services, and you are still responsible for reading and understanding the updated Privacy Policy located on our web site. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.
Privacy Policy in Plain Language
We donât like wading through lengthy privacy policies any more than you do, which is why weâve summarized the main points of our Privacy Policy in this section. This section does not replace the Privacy Policy terms on the remainder of this page, but it does provide a high-level summary in plain language.
⢠Optery is not a data broker and does not sell or rent personal information for monetary consideration to any third party.
⢠Optery uses the data collected from its users to deliver its Removal Services and to market its Services to its users.
⢠As a registered user or paying customer, you can delete your data at any time by deleting your account from the Login & Security section of your Account page here: https://app.optery.com/account or contact us at support@optery.com and we will delete your account for you.
⢠To comply with our legal obligations, for example, under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
⢠Optery has completed its SOC 2, Type II security audit and makes its SOC 2, Type II report available to its enterprise customers and prospects under NDA. Opteryâs Statement on Data Security can be found here: https://www.optery.com/how-we-secure-your-data/
⢠Optery utilizes third-party vendors such as Amazon Web Services, Amplitude, Crisp, Customer.io, Google, Hubspot, Stripe, and others to deliver and market our Services. We refer to these vendors as subprocessors and each of these third-party vendors may process your data. The full list of Opteryâs Subprocessors is located here: https://www.optery.com/subprocessors/
⢠Optery does not knowingly collect or solicit Personal Data from children under 18 years of age. Children under the age of 18 are not permitted to sign up for Optery.
Privacy Policy Table of Contents
1. What this Privacy Policy Covers
2. Personal Data
A. Categories of Personal Data We Collect
B. Our Commercial or Business Purposes for Collecting Personal Data
C. Other Permitted Purposes for Processing Personal Data
D. Categories of Sources of Personal Data
3. How We Disclose Your Personal Data
4. Subprocessors
5. Tracking Tools, Advertising and Opt-Out
6. Data Security
7. Data Retention
8. Personal Data of Children
9. California Resident Rights (âCCPAâ)
10. Exercising Your Rights under the State Privacy Laws
11. Other State Law Privacy Rights
12. European Union, United Kingdom, and Swiss Data Subject Rights
13. Contact Information
1. What this Privacy Policy Covers
This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. âPersonal Dataâ means any information that identifies or relates to a particular individual and also includes information referred to as âpersonally identifiable informationâ or âpersonal informationâ under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we donât own or control or people we donât manage.
2. Personal Data
A. Categories of Personal Data We Collect
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
Category of Personal Data (and Examples) | Business or Commercial Purpose(s) for Collection | Categories of Third Parties With Whom We Disclose this Personal Data |
Profile or Contact Data such as first and last name, email, phone number and mailing address. | ⢠Providing, Customizing and Improving the Services ⢠Marketing the Services ⢠Corresponding with You |
⢠Service Providers ⢠Advertising Partners ⢠Parties You Authorize, Access or Authenticate |
Identifiers such as state identification card. | ⢠Providing, Customizing and Improving the Services | ⢠Service Providers ⢠Parties You Authorize, Access or Authenticate |
Payment Data such as payment card type, full number of payment card, last 4 digits of payment card, bank account information, billing address, billing phone number, billing email. | ⢠Processing Payment | ⢠Service Providers (specifically our payment processing partner, currently Stripe, Inc.) |
Device/IP Data such as IP address, device ID and type of device/operating system/browser used to access the Services. | ⢠Providing, Customizing and ⢠Improving the Services ⢠Marketing the Services |
⢠Service Providers ⢠Advertising Partners ⢠Parties You Authorize, Access or Authenticate |
Web Analytics such as web page interactions, referring webpage/source through which you accessed the Services and non-identifiable request IDs. | ⢠Providing, Customizing and ⢠Improving the Services ⢠Marketing the Services |
⢠Service Providers ⢠Advertising Partners |
Social Network Data such as email, IP address and device ID. | ⢠Providing, Customizing and ⢠Improving the Services ⢠Marketing the Services ⢠Corresponding with You |
⢠Service Providers ⢠Advertising Partners ⢠Parties You Authorize, Access or Authenticate |
Consumer Demographic Data such as age and/or date of birth. | ⢠Providing, Customizing and ⢠Improving the Services ⢠Marketing the Services ⢠Corresponding with You |
⢠Service Providers ⢠Parties You Authorize, Access or Authenticate |
Geolocation Data such as IP-address-based location information. | ⢠Providing, Customizing and ⢠Improving the Services ⢠Marketing the Services |
⢠Service Providers ⢠Advertising Partners ⢠Parties You Authorize, Access or Authenticate |
Categories of Data Considered âSensitiveâ Under the State Privacy Laws (as defined below) such as: State identification card |
⢠Providing, Customizing and ⢠Improving the Services | ⢠Service Providers ⢠Parties You Authorize, Access or Authenticate |
Other Identifying Information that You Voluntarily Choose to Provide such as emails, letters, and texts you send us. | ⢠Providing, Customizing and ⢠Improving the Services ⢠Marketing the Services ⢠Corresponding with You |
⢠Service Providers ⢠Business Partners ⢠Parties You Authorize, Access or Authenticate |
B. Our Commercial or Business Purposes for Collecting Personal Data
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
⢠Providing, Customizing and Improving the Services
o Creating and managing your account or other user profiles.
o Providing you with the products, services or information you request.
o Meeting or fulfilling the reason you provided the information to us.
o Providing support and assistance for the Services.
o Improving the Services, including testing, research, internal analytics and product development.
o Personalizing the Services, website content and communications based on your preferences.
o Doing fraud protection, security and debugging.
o Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (the âCCPAâ) (collectively, the âState Privacy Lawsâ).
⢠Marketing the Services
o Marketing and selling the Services.
o Showing you advertisements, including interest-based, online behavioral or targeted advertising.
⢠Corresponding with You
o Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Optery or the Services.
o Sending emails and other communications according to your preferences.
C. Other Permitted Purposes for Processing Personal Data
In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Optery or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.
D. Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
⢠You
o When you provide such information directly to us.
– When you create an account or use our interactive tools and Services.
– When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
– When you send us an email or otherwise contact us.
o When you use the Services and such information is collected automatically.
– Through Cookies (defined in the âTracking Tools, Advertising and Opt-Outâ section below).
– If you download our mobile application, access our web app, or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
– If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
⢠Third Parties
o Advertising Partners
– We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
o Third-Party Credentials
– If you provide your third-party account credentials, such as your social network account credentials, to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.
o Vendors
– We may use vendors to help us provide customer support and obtain information to generate Optery for Business leads.
3. How We Disclose Your Personal Data
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a âsaleâ of your Personal Data. For more information, please refer to the state-specific sections below.
⢠Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
o Hosting, technology and communication providers.
o Analytics providers for web traffic or usage of the site.
o Security and fraud prevention consultants.
o Support and customer service vendors.
o Product fulfillment and delivery providers.
⢠Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
o Ad networks.
o Marketing providers.
⢠Parties You Authorize, Access or Authenticate.
o We provide services for submitting opt-out, suppression, data deletion and removal requests to certain data brokers and information aggregators. In order to provide our Services, including locating Personal Data that data brokers and information aggregators hold about you and sending opt-out, suppression, data deletion and removal requests, we provide certain pieces of your Personal Data to such data brokers and information aggregators. This information is required by the data brokers and information aggregators in order to locate your record(s) and remove you from their database(s). We cannot control, guarantee or warranty how these third-parties will treat your Personal Data or what they will do with it. If you do not want your Personal Data sent to such data brokers and information aggregators, you should not use Optery.
⢠Payment Processors.
o Our payment processing partner Stripe, Inc. (âStripeâ), collects your voluntarily-provided payment card information necessary to process your payment.
o Please see Stripeâs terms of service and privacy policy for information on its use and storage of your Personal Data.
A. Legal Obligations
We may disclose any Personal Data that we collect with third parties in conjunction with any of the activities set forth under âOther Permitted Purposes for Processing Personal Dataâ section above.
B. Business Transfers
If we are involved in a change of control business transaction such as a merger, acquisition or asset sale, your Personal Data may be transferred as a result of the business transaction. However, prior to the transfer of any Personal Data related to such a business transaction, Optery will provide at least 30 days written notice to all users via email notification providing the option for each user to delete their Optery account in advance of any data transfer to the new controlling entity(s), thereby preventing the unwanted transfer of the userâs Personal Data as a result of the business transaction.
C. Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.
4. Subprocessors
Optery utilizes third-party vendors such as Amazon Web Services, Amplitude, Crisp, Customer.io, Google, Hubspot, Stripe, and others to deliver and market our Services. We refer to these vendors as subprocessors and each of these third-party vendors may process your data. The full list of Opteryâs Subprocessors is located here: https://www.optery.com/subprocessors/
5. Tracking Tools, Advertising, and Opt-Out
The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, âCookiesâ) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of dataâ usually text files â placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).
Please note that because of our use of Cookies, the Services do not support âDo Not Trackâ requests sent from a browser at this time.
We use the following types of Cookies:
⢠Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
⢠Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
⢠Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Servicesâ content for those who engage with our advertising. For example, Google LLC (âGoogleâ) uses cookies in connection with its Google Analytics services. Googleâs ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Googleâs use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at: https://tools.google.com/dlpage/gaoptout/.
⢠Retargeting/Advertising Cookies. Retargeting/Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled âInformation about Interest-Based Advertisements.â
You can decide whether or not to accept Cookies through your internet browserâs settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings by navigating to your web browser preference settings. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.
Session Replay Technology
We may use session replay technology in order to identify and resolve customer issues, to monitor and analyze how you use our Services, to better understand user behavior, and to improve our Services. By continuing to use the Services, you consent to the use of session replay technology.
Information about Interest-Based Advertisements
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (âInterest-Based Adsâ). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking usersâ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a âweb beaconâ) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
6. Data Security
We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
You can review Opteryâs Statement on Data Security and learn more about Opteryâs SOC 2, Type II security audit here: https://www.optery.com/how-we-secure-your-data/
7. Data Retention
We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
For example:
⢠We retain your profile information and credentials for as long as you have an account with us.
⢠We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.
8. Personal Data of Children
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from children under 18 years of age; if you are a child under the age of 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at support@optery.com.
9. California Resident Rights (“CCPA”)
If you are a California resident, you have the rights set forth in this section. Please see the âExercising Your Rights under the State Privacy Lawsâ section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customersâ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.
If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you would like to make requests pursuant to your rights as defined in the CCPA, please contact us at support@optery.com and address your email to the âData Privacy Officer of the Companyâ.
Access
You have the right to request certain information about our collection and use of your Personal Data. In response, we will provide you with the following information in the past 12 months:
⢠The categories of Personal Data that we have collected about you.
⢠The categories of sources from which that Personal Data was collected.
⢠The business or commercial purpose for collecting or selling your Personal Data.
⢠The categories of third parties with whom we have shared your Personal Data.
⢠The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third-party recipient.
You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.
Deletion
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your Personal Data involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Correction
You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct. If your correction request is subject to one of these exceptions, we may deny your request.
Personal Data Sales and Shares Opt-Out
Optery does not âsellâ or âshareâ any data for monetary consideration, and does not âsellâ or âshareâ data as those words are traditionally defined.
However, Optery does engage in the delivery of retargeted digital advertising with vendors such as Google, which, under the CCPA, may be considered âsellingâ or âsharingâ of information. Therefore, based on a conservative interpretation of the CCPAâs definition of âdata salesâ and âdata sharingâ, we may sell and/or share your Personal Data, subject to your right to opt-out as described in this section.
We do not sell or share your Personal Data in any other way than through our digital advertising campaigns with vendors such as Google. As described in the âTracking Tools, Advertising and Opt-Outâ section above, we have incorporated Cookies from certain third parties into our Services. These Cookies allow those third parties to receive information about your activity on our Services that is associated with your browser or device. Those third parties may use that data to serve you relevant ads on our Services or on other websites you visit. You can opt out by following the instructions in this section.
According to a conservative interpretation of the CCPAâs definition of âsellingâ and âsharingâ, we may sell or share your Personal Data to the following categories of third parties:
⢠Ad Networks
⢠Marketing providers
According to a conservative interpretation of the CCPAâs definition of âsellingâ and âsharingâ, over the past 12 months, we may have sold or shared the following categories of your Personal Data to categories of third parties listed above:
⢠Web Analytics
⢠Device/IP Data
⢠Geolocation Data
According to a conservative interpretation of the CCPAâs definition of âsellingâ and âsharingâ, we may have sold or shared the foregoing categories of Personal Data for the following business or commercial purposes:
⢠Marketing and selling the Services.
⢠Showing you advertisements, including interest-based or online behavioral advertising.
You have the right to opt-out of the sale or share of your Personal Data by following the instructions in the âExercising Your Rights under State Privacy Lawsâ section. Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Data for at least 12 months.
To our knowledge, we do not sell or share the Personal Data of minors under 18 years of age.
Limit the Use of Sensitive Personal Information
Consumers have the right to request that we limit the use or sharing disclosure of their Sensitive Personal Information (âRight to Limitâ). However, since our use and disclosure of Sensitive Information are limited to the purposes set forth in section 7027(m) of the CCPA regulations, including: 1) performing the services or providing the goods reasonably expected, 2) preventing, detecting, and investigating security incidents, 3) resisting malicious, deceptive, fraudulent, or illegal actions, 4) ensuring physical safety of natural persons, 5) for short-term transient use, 6) performing services on behalf of the business, 7) verifying or maintaining quality or safety of a product or service, and 8) collecting or processing Sensitive Personal Information but not for the purpose of inferring characteristics, we do not offer a way for you to submit such a request.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
10. Exercising Your Rights under the State Privacy Laws
To exercise the rights described in this Privacy Policy, you or, if you are a California resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a âValid Request.â We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
Request to Opt-Out of Sale and/or Share
You may opt-out from any âsalesâ or âsharesâ, by using the following methods:
⢠By implementing the Global Privacy Control or similar universal privacy control that is legally recognized by a government agency or industry standard and that complies with applicable State Privacy Laws. The signal issued by the control must be initiated by your browser and applies to the specific device and browser you use at the time you cast the signal. Please note this does not include Do Not Track signals. Several companies offer web browsers and extensions that deliver the Global Privacy Control signal, including Optery, which you can learn more about here: https://www.optery.com/the-optery-global-privacy-control-gpc-extension/
Request to Access, Delete, or Correct
You may submit a Valid Request for any other rights afforded to you in this Privacy Policy by emailing us at support@optery.com and address your email to the âData Privacy Officer of the Companyâ.
If you are a California resident, you may also authorize an agent (an âAuthorized Agentâ) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
11. Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third partiesâ direct marketing purposes; in order to submit such a request, please contact us at support@optery.com and address your email to the âData Privacy Officer of the Companyâ.
Your browser may offer you a âDo Not Trackâ option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about âDo Not Track,â you can visit www.allaboutdnt.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. You can exercise this right by contacting us at support@optery.com with the subject line âNevada Do Not Sell Requestâ and providing us with your name and the email address associated with your account. However, we do not âsellâ data as that term is defined under Nevada law.
12. European Union and United Kingdom Data Subject Rights
A. EU and UK Residents
If you are a resident of the European Union (âEUâ), United Kingdom (âUKâ), Lichtenstein, Norway or Iceland, you may have additional rights under the EU or UK General Data Protection Regulation (the âGDPRâ) with respect to your Personal Data, as outlined below.
For this section, we use the terms âPersonal Dataâ and âprocessingâ as they are defined in the GDPR, but âPersonal Dataâ generally means information that can be used to individually identify a person, and âprocessingâ generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Optery will be the controller of your Personal Data processed in connection with the Services.
If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@optery.com. Note that we may also process Personal Data of our customersâ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
B. Personal Data We Collect
The âCategories of Personal Data We Collectâ section above details the Personal Data that we collect from you.
C. Personal Data Use and Processing Grounds
The âOur Commercial or Business Purposes for Collecting Personal Dataâ section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our âlegitimate interestsâ or the legitimate interest of others, as further described below.
⢠Contractual Necessity: We process the following categories of Personal Data as a matter of âcontractual necessityâ, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
o Profile and Contact Data
o Identifiers
o Payment Data
o Categories of Data considered âSensitiveâ
⢠Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
o Device/IP Data
o Web Analytics
o Social Network Data
o Consumer Demographic Data
o Geolocation Data
o Other Identifying Information that You Voluntarily Choose to Provide
o We may also de-identify or anonymize Personal Data to further our legitimate interests.
Examples of these legitimate interests include (as described in more detail above):
o Providing, customizing and improving the Services.
o Marketing the Services.
o Corresponding with you.
o Meeting legal requirements and enforcing legal terms.
o Completing corporate transactions.
⢠Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
⢠Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
D. Disclosing Personal Data
The âHow We Disclose Your Personal Dataâ section above details how we disclose your Personal Data with third parties.
E. EU, UK and Swiss Data Subject Rights
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at support@optery.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
⢠Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by logging on to your account.
⢠Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging on to your account.
⢠Erasure: You can request that we erase some or all of your Personal Data from our systems.
⢠Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
⢠Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
⢠Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
⢠Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
⢠Right to File Complaint: You have the right to lodge a complaint about Optery’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.
F. Transfers of Personal Data
The Services are hosted and operated in the United States (âU.S.â) through Optery and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Optery in the U.S. and will be hosted on U.S. servers, and you authorize Optery to transfer, store and process your information to and in the U.S., and possibly other countries.
13. Contact Information
If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:
Email: support@optery.com
Address: 6150 Center St #121, Clayton, CA 94517