PRIVACY NOTICE
Last updated June 6, 2022
Thank you for choosing to be part of our community at OptIn, Inc. (“Company“, “we“, “us“, “our“). We are committed to protecting your Personal Information and your right to privacy. If you have any questions or concerns about this privacy notice (“Privacy Notice”, “Notice”), or our practices with regards to your Personal Information, please contact us at privacy@optininc.com
When you visit our website www.optininc.com (the “Website“), use our mobile applications, as the case may be (the “Apps“) and more generally, use any of our services (the “Services“, which include the Website and Apps), we appreciate that you are trusting us with your Personal Information. We take your privacy very seriously. In this Privacy Notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Notice that you do not agree with, please discontinue use of our Services immediately.
While using our Services, and only when you opt in, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (e.g., when you ask us to contact you). Personally identifiable information may include, but is not limited to, your email address, name, and phone number (“Personal Information”).
Please note that for users located in the European Economic Area (“EEA”), the term Personal Information used in this Privacy Notice is equivalent to the term “Personal Information” under applicable European data protection laws.
We use your Personal Information for providing and improving the
Services. By using the Services, you agree to the collection and use of information in accordance with this Notice. Unless otherwise defined in this Privacy Notice, terms used in this Privacy Notice have the same meanings as in our Terms of Use, accessible at www.optininc.com (“Terms of Use”).
This Privacy Notice applies to all information collected through our Services.
Please read this Privacy Notice carefully as it will help you understand what we do with the information that we collect.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. WHAT ARE YOUR PRIVACY RIGHTS?
8. DO YOU OFFER DO-NOT-TRACK FEATURES?
9. DO CHILDRENS’ PRIVACY RIGHTS APPLY TO ME?
10. DO GDPR RIGHTS APPLY TO ME?
11. DO CALIFORNIA PRIVACY RIGHTS APPLY TO ME?
12. DO WE MAKE UPDATES TO THIS NOTICE?
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
14. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal Information you disclose to us
In Short: We collect Personal Information that you provide to us.
We collect Personal Information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services or otherwise when you contact us.
The Personal Information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The Personal Information we collect may include the following:
Personal Information Provided by You. We collect names; phone numbers; email addresses; contact preferences; contact or authentication data; and other similar information.
All Personal Information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such Personal Information.
Information collected through our App
In Short: We collect information regarding your geo-location, mobile device, and push notifications when you use our App.
If you use our App, specifically we collect the following information:
● Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
● Mobile Device Data. We automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our App, we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID and information about the features of our App you accessed.
● Push Notifications. We may request to send you “push notifications” regarding your account or certain features of the App. A push notification from us will be a message that pops up on your mobile device after you have installed the App. We can send them to you at any time; you do not have to be in the App or using your devices to receive them.
● If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use Personal Information collected via our Services for a variety of business purposes described below. We process your Personal Information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
● To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate the account creation and logon process for the performance of the contract.
● Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
● To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
● To manage user accounts. We may use your information for the purposes of managing your account and keeping it in working order.
● To send administrative information to you. We may use your Personal Information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
● To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
● To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
● To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
● For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. We will use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include Personal Information. We will not use identifiable Personal Information, at any time, for any purpose, without your consent.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
● Consent: We may process your data if you have given us specific consent to use your Personal Information for a specific purpose.
● Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
● Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract.
● Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
● Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
In addition to the foregoing, we may need to process your data or share your Personal Information in the following situations:
● Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store your information.
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you. We do not use first party cookies; that is, cookies that are set by us. We do use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
· Assisting you in navigation;
· Assisting in login and your ability to provide feedback;
· Analyzing your use of our products, services or applications; and
· Assisting with our promotional and marketing efforts (including behavioral advertising)
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Website.
5. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Notice unless otherwise required by law.
We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this Notice will require us keeping your Personal Information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your Personal Information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Services is at your own risk. You should only access the Services within a secure environment.
7. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at privacy@optininc.com
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
● Log in to your account settings and update your user account.
● Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
● Contact us using the contact information provided.
8. DO YOU OFFER DO-NOT-TRACK FEATURES?
In short: No, we do not respond to Do Not Track requests.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. California and Delaware law require us to indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. Accordingly, we adhere to the standards set out in this Privacy Notice and do not monitor or respond to Do Not Track browser requests or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Notice.
9. DO CHILDREN’S PRIVACY RIGHTS APPLY TO ME?
In short: We do not sell our Services to individuals under the age of 18.
Only persons age 18 or older have permission to access our Website. Our Website does not address anyone under the age of 16 (“Children”).
We do not knowingly collect Personal Information from children under 16. If you are a parent or guardian and you learn that your child/children have provided us with Personal Information, please contact us at privacy@optininc.com. If we become aware that we have collected Personal Information from children without verification of parental consent, we will take steps to remove that information from our servers.
10. DO GDPR RIGHTS APPLY TO ME?
In short: If you are a resident of the European Economic Area, you are granted specific rights regarding access to your Personal Information.
You may have the rights prescribed below in relation to Personal Information processed by us if you are a data subject in the EEA or your Personal Information is otherwise governed by the EU General Data Protection Regulation 2016/679 (“GDPR”):
· The right to be informed about how your Personal Information is being used;
· The right of access to your Personal Information processed by us, which includes the right to obtain confirmation as to whether or not Personal Information concerning you is being processed, and, where that is the case, access to the Personal Information and the purposes of the processing; categories of Personal Information concerned; recipients or categories of recipients to whom the Personal Information have been or will be disclosed; where possible, the envisaged period for which the Personal Information will be stored; the existence of the right to request rectification or erasure of Personal Information or restriction of processing of Personal Information or to object to such processing; the right to lodge a complaint with a supervisory authority; where the Personal Information are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling; and the appropriate safeguards relating to the transfer of your Personal Information outside the EEA.
· The right to request the correction of inaccurate Personal Information we hold about you;
· Under some circumstances, the right to request that we delete your data;
· The right to restrict processing of your Personal Information;
· The right to object to processing activities, if the processing is based on our legitimate interest;
· The right to withdraw consent for processing at any time, if the processing is based on consent;
· The right to object to processing of Personal Information for direct marketing purposes at any time;
· In some circumstances, the right to request that we transfer or port elements of your data either to you or another service provider – if the processing is based on your consent and is made by automated means.
· The right to file a complaint with your Supervisory Authority (in the EEA, as prescribed by GDPR).
You may exercise these rights to the extent these rights apply to you by contacting us via the contact information listed below. We will undertake to respond to your request within the applicable time frame prescribed by applicable law, and in any event, we will make efforts to respond within 30 days of receipt of your request. Although we will make reasonable efforts to accommodate your requests, in some circumstances we may deem your request unfounded or not eligible under applicable law. If that should happen, we expressly reserve the right to refuse your Personal Information request. Before we are able to accommodate any request, provide you with any information, or correct any inaccuracies, we may verify your identity by requesting certain information or identification.
Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
11. DO CALIFORINIA PRIVACY RIGHTS APPLY TO ME?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your Personal Information.
This section is only applicable to California residents for purposes of compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Defined terms used in this section, including but not limited to “Business Purpose”, “Consumers,” “Personal Information” and “Sale” (or “Sell”) are used as such terms are defined by and interpreted pursuant to the CCPA.
The California Code of Regulations defines a “resident” as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as “non-residents.”
If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your Personal Information.
What categories of Personal Information do we collect?
We have collected the following categories of Personal Information in the past twelve (12) months:
|
Category
|
Examples
|
Collected
|
|
A. Identifiers |
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name |
YES
|
|
B. Personal Information categories listed in the California Customer Records statute |
Name, contact information, education, employment, employment history and financial information |
YES
|
|
C. Protected classification characteristics under California or federal law |
Gender and date of birth |
NO
|
|
D. Commercial information |
Transaction information, purchase history, financial details and payment information |
YES
|
|
E. Biometric information |
Fingerprints and voiceprints |
NO
|
|
F. Internet or other similar network activity |
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements |
YES
|
|
G. Geolocation data |
Device location |
YES
|
|
H. Audio, electronic, visual, thermal, olfactory, or similar information |
Images and audio, video or call recordings created in connection with our business activities |
NO |
|
I. Professional or employment-related information |
Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us |
YES |
|
J. Education Information |
Student records and directory information |
NO |
|
K. Inferences drawn from other Personal Information |
Inferences drawn from any of the collected Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics |
YES |
We may also collect other Personal Information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
● Receiving help through our customer support channels;
● Participation in customer surveys and
● Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your Personal Information?
More information about our data collection and sharing practices can be found in this Privacy Notice.
Additionally, you may contact us by email at privacy@optininc.com, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your Personal Information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your Personal Information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.
OptIn, Inc. has not disclosed or sold any Personal Information to third parties for a business or commercial purpose in the preceding 12 months. OptIn, Inc. will not sell Personal Information in the future belonging to website visitors, users and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data – Request to delete
You can ask for the deletion of your Personal Information. If you ask us to delete your Personal Information, we will respect your request and delete your Personal Information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Right to be informed – Request to know
Depending on the circumstances, you have a right to know:
● whether we collect and use your Personal Information;
● the categories of Personal Information that we collect;
● the purposes for which the collected Personal Information is used;
● whether we sell your Personal Information to third parties;
● the categories of Personal Information that we sold or disclosed for a business purpose;
● the categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and
● the business or commercial purpose for collecting or selling Personal Information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use Personal Information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
● you may object to the processing of your personal data
● you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
● you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
● you may request to opt-out from future selling of your Personal Information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at privacy@optininc.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
12. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this Notice as necessary to stay compliant with relevant laws.
We may update this Privacy Notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information. Your continued use of the Website after we post any modifications to the Privacy Notice on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Notice.
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this Notice, you may email us at privacy@optininc.com or by mail to:
OptIn, Inc.
1010 River Rock Lane,
Danville, CA 94526
United States
14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the Personal Information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your Personal Information, please email us at privacy@optininc.com. We will respond to your request within 30 days.2