Terms & Conditions
OpticWise Website Legal Disclaimer The terms and conditions of use set forth herein apply specifically and solely to this website (the “Site”). Please refer to separate documentation for the 5S™ User Ultimate Privacy Policy applicable to any & all users on any 5S™ or SIC® Platform. Terms of Use PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. OpticWise and their advisory affiliates (collectively, “OpticWise” or “us,” “we” or “our” as the context requires) operate the Site. Every time you use our Site, you are agreeing to the terms and conditions on the Site at that time. If you are using the Site on behalf of a business entity, organization or trust, you are accepting these terms and conditions on your behalf and on behalf of such business entity, organization or trust, collectively “you” in such case. Ownership of Site and Trademarks/Lawful Use Unless otherwise expressly noted, all information and materials, including, without limitation, any text, graphics, video, audio, software code, user interface design, logos and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by OpticWise and/or its affiliates and/or their respective owners and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you will not copy, reproduce, republish, upload, transmit, modify, post, frame, deep link or distribute in any way the material on or from the Site, including without limitation any text, graphics, video, audio, software code, user interface design or logos. You may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You will not distribute, publicly display, modify, transmit, reuse, repost or use any content of or from the Site, including without limitation any text, graphics, video, audio, software code, user interface design and logos, for public or commercial purposes, or for any other purpose or in any other manner not expressly permitted above, without OpticWise’s written permission. You will not remove or obscure any copyright or other notices or legends contained in any such content. Modification or use of the information or materials for any other purpose violates the copyright and/or other intellectual property rights of OpticWise and/or its affiliates, and may violate laws of privacy, publicity and communications, as well as other regulations and statutes. You will not use the Site or material downloaded from the Site in an unlawful manner, for benchmarking or other competitive purposes, or to assist any third party to engage in activity that violates these terms and conditions. Neither OpticWise nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site. All rights granted to you herein by OpticWise are revocable, non-exclusive, non-sublicensable and non-transferable. OpticWise reserves all rights not expressly granted to you in these terms and conditions. All trademarks, service marks, trade names and logos displayed on the Site are proprietary to OpticWise, its affiliates and/or their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of OpticWise or such other third party that may own the trademark displayed on the Site. Your use of the trademarks displayed on the Site, except as provided herein, is strictly prohibited. You agree to defend, indemnify and hold OpticWise and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from your use of the Site, or materials obtained from the Site, in violation of these terms and conditions. No Offer of Securities Nothing contained in the Site constitutes investment, legal or tax advice. Neither the information nor any opinion contained in this Site constitutes a solicitation or offer by OpticWise, any of its affiliates or any fund or other entity managed directly or indirectly by any of the foregoing to buy or sell any securities, futures, options or other financial instruments. Decisions based on information contained in the Site are the sole responsibility of the visitor, and as consideration for access to the Site, you agree to defend, indemnify and hold OpticWise and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from any decisions that you make based on such information. No Reliance While OpticWise uses reasonable efforts to update the information on the Site, OpticWise makes no promises, representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Opinions, advice and any other content on the Site are subject to change without notice or liability. Material to Be Consulted in Its Entirety All materials at the Site are meant to be reviewed in their entirety, including without limitation any footnotes, legal disclaimers, restrictions and disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download. No Warranty THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPTICWISE AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPTICWISE DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAIN ON THE SITE, AND OPTICWISE FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPTICWISE SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE OR DOWNLOADING OF MATERIAL AVAILABLE ON THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitation of Liability To the fullest extent permitted by applicable law, OpticWise and its affiliates expressly disclaim any and all liability whatsoever for error and omission in any information or materials, and for any use or interpretation by others of any information or materials, contained in or accessible through the Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OPTICWISE OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED OR LINKED TO THROUGH, THIS WEBSITE, OR A TRANSMISSION TO OR FROM THIS WEBSITE, EVEN IF OPTICWISE, ITS AFFILIATE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPTICWISE’ TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Certain laws do not allow limitations of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. Global Dealing Restrictions Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions and protectorates. The Site is controlled and operated by OpticWise from its offices within the State of Colorado, United States of America. Neither OpticWise nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where the visitor is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You will not use or export the information or materials provided in or accessible through the Site in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject OpticWise and/or its affiliates to any registration or other requirement within such jurisdiction or country. SEC Materials Certain information provided through this Site has been filed with the SEC (such materials being referred to as “SEC Materials”). The SEC Materials and other public disclosures contained in or accessible through this Site may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are typically identified by words or phrases such as likely, believe, expect, anticipate, intend, estimate, position and variations of such words and similar expressions, or future or conditional verbs such as will, would, should, could, may or similar expressions. These forward-looking statements are subject to numerous assumptions, risks and uncertainties, all of which will or may change over time or may be incorrect, and neither OpticWise nor any of its affiliates assumes any duty to update or correct any forward-looking statements contained in or accessible through the Site. Actual results could differ materially from those anticipated in these forward-looking statements, and future results could differ materially from historic performance. The following factors, among others, could cause actual results to differ materially from any forward-looking statements or historic performance: fluctuations in U.S. and non-U.S. real estate markets; the impact of increased competition; our ability to attract and retain key personnel; the performance of the funds or properties we manage; our ability to sustain and manage growth; the impact of legal or regulatory proceedings; our ability to manage conflicts of interest; employee misconduct; fluctuations in our revenue and profitability; the introduction, withdrawal, success and timing of business initiatives and strategies; economic conditions; changes in interest rates and financial and capital markets; competitive conditions; subjectivity in valuation methodologies; non-U.S. exchange, political, social and economic uncertainties and risks; terrorist activities and international hostilities; adverse tax treatment; and the impact, extent and timing of technological changes and legislative and regulatory actions and reforms. Links to and from Other Websites and Services OpticWise and its affiliates do not review or monitor any websites linked to or from the Site and none of them is or will be responsible for the content of any such linked websites. Your following links to or from such websites is at your sole risk. Accordingly, neither OpticWise nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links to or from other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by OpticWise or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Site without the express prior written consent of OpticWise. OpticWise reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website to or from the Site. Transmissions to and from the Site Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.OpticWise.com domain name or made via the Site may not be secure. Communications to OpticWise, particularly those containing confidential information, should be sent by mail to: OpticWise, 730 Kalamath Street, Denver, CO 80204. If you provide us with your contact information, you authorize us to send you email notifications and solicitations until you indicate otherwise. OpticWise and its affiliates will be free to use, for any purpose, without any compensation due or payable to you or obligation of confidentiality to you, any ideas, concepts, know-how or techniques provided by a Site user to OpticWise through the Site (“Submissions”). You represent and warrant that you own the Submissions and you agree to defend, indemnify and hold OpticWise and its affiliates harmless from and against any claims whatsoever and of any nature for damages and/or expenses (including without limitation attorneys’ fees) arising from OpticWise’ or its affiliates’ use of the Submission. Waiver No waiver by OpticWise or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time. OpticWise’s failure to exercise a right or remedy will not constitute a waiver of such right or remedy. A waiver will bind OpticWise only if made in writing by an authorized OpticWise representative. Termination OpticWise may terminate your access to the Site for any reason and without prior notice. These terms and conditions are effective until terminated by OpticWise, provided that you may terminate these terms and conditions at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation and all copies and installations thereof, whether made under these terms and conditions or otherwise. Such termination by you will not be effective if OpticWise, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms and conditions. Upon any termination of these terms and conditions, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these terms and conditions or otherwise. Severability In the event any of the terms or other provisions of these terms and conditions shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Entire Agreement; Assignment These terms and conditions represent the entire agreement between OpticWise and its affiliates, on the one hand, and you, on the other, relating to the subject matter hereof, and supersede all previous agreements regarding such subject matter. No oral promise, representation or warranty by a representative of OpticWise or its affiliate that modifies or supplements these terms and conditions will bind OpticWise or its affiliate. You will not assign or delegate any right or duties under these terms and conditions. You agree that any agreements made by and between you and OpticWise in electronic form are as legally binding as if made in physical written form. Disputes, Governing Law and Consent to Jurisdiction THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN DENVER COUNTY, COLORADO, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO SERVE AS A REPRESENTATIVE OR AS A PRIVATE ATTORNEY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR OTHER PROCEEDING FILED AGAINST US. You agree that your breach of these terms and conditions may result in irreparable harm to OpticWise which cannot be compensated by money damages, and that OpticWise shall be entitled to obtain injunctive relief for any such breach without the need to prove actual damages or provide a bond or similar security. Last updated: August 2020 [1] Registration with the SEC does not imply a certain level of skill or training. Privacy Policy This Privacy Policy describes and governs the information collection, use, and sharing practices of OpticWise, , (“OpticWise,” “we,” “us,” and “our”) with respect to OpticWise’ website (the “Online Service”). By using our site, you agree to be bound by the terms of this privacy policy. Effective Date August 27, 2020 Information We Collect and How We Collect It Personal Information “Personal Information” is nonpublic information about you that we obtain in connection with providing you with a financial product or service for your personal, family, or household purposes. We currently do not collect Personal Information about you while using the Online Service unless you provide that information to us through the use of the “Inquiry” feature of the site. Our use of information provided to us through the “Inquiry” feature will be limited to contacting you unless you later allow us to use that information otherwise. Collected Information When we use the term “Collected Information” we mean information other than Personal Information that we (either directly or through our service providers) collect whenever you visit the Online Service or otherwise interact with us online. For example, when you visit our website our systems, or those of our service providers, may automatically recognize the date and time of visits, the type of browser you use, the type of device you are using to visit our website, time spent on our web pages, and other limited data that we collect automatically. Geolocation OpticWise only collects country level location data when you visit our website, e.g., we collect information about what country you are visiting the website from but not what city or what street address. We use your information: for administrative purposes, to improve our services, to contact you if you request such contact, and for internal business purposes. How We Share the Information We Collect: Our Service Providers We share collected information with certain third-party service providers, such as Google Analytics, to: operate the Online Service, provide general statistics regarding the use of the Online Service, analyze and develop our business strategy, help improve our Online Service, and for other limited purposes. Law Enforcement and Legal Process We may report to law enforcement agencies any activities that we believe to be unlawful. We may also report any activities that we believe may aid a law enforcement investigation into unlawful activity. We reserve the right to release your information obtained through the Online Service to law enforcement agencies if we determine, in our sole judgment, that the release of your information may protect the rights, property, or safety of OpticWise or another person. Sharing Your Information as Permitted by Law We may share your information collected through the Online Service with others as required by law. We may also share your information with others as permitted by law. This may include sharing your information with government entities or third-parties in response to subpoenas, court orders, and other legal process. We may also share your information if we believe it is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine might be brought against us. Business Transition As we continue to develop our business, we may buy, merge or partner with other companies. If a portion or all of OpticWise’s assets are sold or transferred to a third-party, customer information collected through the Online Service would likely be one of the transferred business assets. How We Secure Information We take reasonable and appropriate measures to help keep information secure and to help prevent it from becoming disclosed to individuals who are not described in this policy. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect, and we cannot guaranty, and you should not expect, that your information will be secure in all circumstances. How We Communicate With You If you have any questions about our privacy policy, you can contact us by emailing us at bmoore@PortmanteauIberia.com. If we need, or are required, to contact you concerning any event that involves your information, you agree that we may do so by email, telephone, or mail. Your California Privacy Rights We do not collect personal information through the Online Service for third parties’ marketing purposes. Miscellaneous Do Not Track Signals Some web browsers and devices allow you to broadcast a preference that your activities online not be “tracked”. At this time, the Online Service do not take action in response to “do not track” signals. Children We do not provide products and services to children. We do not knowingly collect or solicit information from children under the age of 18. Changes to the Privacy Policy We reserve the right to modify or amend this policy at any time by posting the revised privacy policy on our Online Service. Material changes will only affect the information we collect after the effective date of the change to our privacy policy unless we clearly express otherwise. Contact Us If you have any questions about this Privacy Statement or any other issue with our Online Service, you may contact us at: bill.douglas@opticwise.com
Privacy Policy
Privacy Policy Last updated: April 10, 2020 This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of this Privacy Policy: You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to OpticWise, Inc., 619 12th Street, #1134, Golden, CO, 80401. • Application means the software program provided by the Company downloaded by You on any electronic device, named OpticWise SIC SaaS • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority. • Account means a unique account created for You to access our Service or parts of our Service. • Website refers to OpticWise, accessible from http://opticwise.com • Service refers to the Application or the Website or both. • Country refers to: Colorado, United States Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service. Personal Data is any information that relates to an identified or identifiable individual. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You. • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses. • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). • Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites. • Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California. • Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose. • Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal information to another business or a third party for monetary or other valuable consideration. Collecting and Using Your Personal Data Types of Data Collected Personal Data While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: • Email address • First name and last name • Usage Data Usage Data Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device. Information Collected while Using the Application While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission: We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it be simply stored on Your device. You can enable or disable access to this information at any time, through Your Device settings. You can also enable or disable location services when You use Our Service at any time, through Your Device settings. Tracking Technologies and Cookies We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies. We use both session and persistent Cookies for the purposes set out below: Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website. Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website. For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy. Use of Your Personal Data The Company may use Personal Data for the following purposes: • To provide and maintain our Service, including to monitor the usage of our Service. • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service. • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. • To manage Your requests: To attend and manage Your requests to Us. We may share your personal information in the following situations: • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing. • For Business transfers: We may share or transfer Your personal 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. • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions. • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile. Retention of Your Personal Data The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. Transfer of Your Personal Data Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information. Disclosure of Your Personal Data Business Transactions If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. Law enforcement Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: • Comply with a legal obligation • Protect and defend the rights or property of the Company • Prevent or investigate possible wrongdoing in connection with the Service • Protect the personal safety of Users of the Service or the public • Protect against legal liability Security of Your Personal Data The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. CCPA Privacy Your Rights under the CCPA Under this Privacy Policy, and by law if You are a resident of California, You have the following rights: • The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used. • The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party's direct marketing purposes. • The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our "Do Not Sell My Personal Information" section or web page. The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following: • The categories of Personal Data collected • The sources from which the Personal Data was collected • The business or commercial purpose for collecting or selling the Personal Data • Categories of third parties with whom We share Personal Data • The specific pieces of Personal Data we collected about You • The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months. The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights, including by: • Denying goods or services to You • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties • Providing a different level or quality of goods or services to You • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services. Exercising Your CCPA Data Protection Rights In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our "Do Not Sell My Personal Information" section or web page. The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice. Do Not Sell My Personal Information We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that "sells" personal information as defined by the CCPA law. If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below. Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use. Website You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service: • From Our "Cookie Consent" notice banner • Or from Our "CCPA Opt-out" notice banner • Or from Our "Do Not Sell My Personal Information" notice banner • Or from Our "Do Not Sell My Personal Information" link The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again. Mobile Devices Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests: • "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices • "Limit Ad Tracking" on iOS devices You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device. "Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA) Our Service does not respond to Do Not Track signals. However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser. Children's Privacy Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information. Links to Other Websites Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Changes to this Privacy Policy We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Contact Us If you have any questions about this Privacy Policy, You can contact us: • By email: info@opticwise.com