Privacy Policy

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.

We do not share your personal data with third parties for their own marketing purposes. We share information only as described in this Privacy Policy — for example, with service providers who help Us operate the Service under contract, or when required by law.

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 https://www.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, as amended by the California Privacy Rights Act — together, "CCPA/CPRA"), 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/CPRA, 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/CPRA, 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.
• Sharing, for the purpose of the CCPA/CPRA, means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal Information by the Business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.
• Sensitive Personal Information, for the purpose of the CCPA/CPRA, means Personal Information that reveals a Consumer's social security, driver's license, state identification card, or passport number; account log-in or financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of mail, email, and text messages (unless the Business is the intended recipient); genetic data; biometric information processed for the purpose of uniquely identifying a Consumer; and Personal Information collected and analyzed concerning a Consumer's health, sex life, or sexual orientation.

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
• Phone number
• 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, Cookies, and Google Consent Mode v2

We use cookies and similar tracking technologies to track the activity on Our Service and store certain information. We also use browser localStorage to persist Your cookie consent preferences. Learn more about cookies: All About Cookies.

This Site implements Google Consent Mode v2, Google's framework for adjusting how Google tags behave based on Your consent choices. Google Analytics 4 (GA4) loads on every page with all consent categories set to denied by default. In this state, GA4 sends cookieless pings — anonymous, aggregate signals that do not store cookies on Your device and cannot identify You individually. When You explicitly accept analytics cookies, the consent state is updated to granted and GA4 switches to full cookie-based measurement. If You reject analytics, only cookieless pings continue. For full details, see our Cookie Policy.

Cookie Consent and How to Withdraw

When You first visit the Site from a region covered by the GDPR, ePrivacy Directive, or equivalent regulations (detected via Your timezone), a consent banner gives You three options: Accept All, Reject All, or Manage Preferences (with per-category toggles). Your choice is stored in localStorage (key: ow_consent) for 13 months, the maximum allowed under GDPR.

If Your timezone does not correspond to the EU/EEA/UK, the banner does not appear and all cookie categories are enabled by default. You can still change Your preferences at any time.

You may change or withdraw Your consent at any time by clicking the "Cookie Settings" link in the footer of any page. Withdrawing consent for analytics cookies will prevent GA4 from setting cookies on subsequent page views and clear existing _ga cookies from Your browser. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.

Complete Cookie Inventory

The following table lists every cookie and storage mechanism used by or on behalf of this Site:

Analytics cookies (_ga, _ga_*) are only set after You accept analytics cookies via the consent banner. If You reject or do not interact with the banner, GA4 sends cookieless pings only — no tracking cookies are set.

Embedded content (e.g. Vimeo video players on select pages) may set additional third-party cookies when loaded. These embeds are blocked by default and only load when You consent to the "Embedded Content" category. You can opt out of Google Analytics at tools.google.com/dlpage/gaoptout.

Legal Basis for Processing (GDPR, Art. 6)

If You are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, We process Your Personal Data under the following legal bases:

• Consent (Art. 6(1)(a)): For analytics cookies (Google Analytics) and embedded third-party content. Consent is collected via the cookie banner before any non-essential cookies are set, and may be withdrawn at any time.
• Legitimate Interest (Art. 6(1)(f)): For strictly necessary cookies (the consent preference cookie itself), website security, fraud prevention, and basic site functionality. Our legitimate interest is to operate and secure the Site.
• Contract Performance (Art. 6(1)(b)): Where You request a service from Us (e.g. submitting a contact form or scheduling a review), We process the data You provide to fulfill that request.

Your Rights Under EU/EEA Data Protection Law (GDPR)

If You are located in the European Economic Area, the United Kingdom, or Switzerland, You have the following rights under the General Data Protection Regulation (GDPR) and equivalent local laws:

• Right of access (Art. 15): You may request a copy of the Personal Data We hold about You.
• Right to rectification (Art. 16): You may request correction of inaccurate or incomplete Personal Data.
• Right to erasure (Art. 17): You may request deletion of Your Personal Data where there is no compelling reason for continued processing.
• Right to restriction of processing (Art. 18): You may request that We restrict processing of Your Personal Data in certain circumstances.
• Right to data portability (Art. 20): You may request to receive Your Personal Data in a structured, commonly used, machine-readable format.
• Right to object (Art. 21): You may object to processing based on legitimate interests. We will cease processing unless We demonstrate compelling legitimate grounds.
• Right to withdraw consent: Where processing is based on consent, You may withdraw it at any time without affecting the lawfulness of prior processing. For cookie consent, use the "Cookie Preferences" link in the site footer.
• Right to lodge a complaint: You have the right to lodge a complaint with a supervisory authority in Your member state of habitual residence, place of work, or place of the alleged infringement. A list of EU supervisory authorities is available at edpb.europa.eu.

To exercise any of these rights, contact Us at info@opticwise.com. We will respond within 30 days (extendable by 60 days for complex requests, with prior notice).

International Data Transfers

OpticWise is based in the United States. If You access the Site from outside the US — including from the EEA, UK, or Switzerland — Your Personal Data may be transferred to and processed in the United States, where data protection laws may differ from those in Your jurisdiction.

For Google Analytics data, Google LLC processes data under its Data Processing Terms and relies on Standard Contractual Clauses (SCCs) approved by the European Commission for transfers of EEA personal data to the US. We have configured GA4 with default settings (no Google Signals, no advertising features, no remarketing).

By consenting to analytics cookies via the cookie banner, You acknowledge this transfer. You may withdraw consent at any time via the "Cookie Preferences" link in the footer.

Data Controller

The data controller for Personal Data collected through this Site is:

OpticWise, Inc.
619 12th Street #1134
Golden, CO 80401
United States
Email: info@opticwise.com
Phone: +1-888-678-4294

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. This does not include mobile phone numbers, SMS opt-in data, or messaging consent, which are never shared with business partners.
• 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.

SMS/Text Messaging

OpticWise may send You SMS or text messages related to Your inquiry when You explicitly opt in on a form on Our Website — for example, by checking the SMS consent checkbox on Our contact or review request forms at opticwise.com/contact. Messages may include appointment confirmations, review scheduling, follow-up communications, and service-related updates. Full program terms are in Our SMS Terms.

Program Details

• Program name: OpticWise Notifications
• Types of messages: Appointment confirmations, review scheduling, follow-up communications, and service-related informational updates.
• Message frequency: Message frequency varies. You may receive up to 5 messages per month depending on Your interactions with Us.
• Message and data rates may apply. Check with Your wireless carrier for details regarding Your messaging plan.

Consent

Consent to receive text messages is not a condition of purchasing any goods or services from OpticWise. You opt in only by checking the SMS consent checkbox on an OpticWise web form (the checkbox is unchecked by default). Providing a phone number alone does not constitute consent.

Opt-Out

You may opt out of receiving text messages at any time by replying STOP to any message You receive from Us. After opting out, You will receive a final confirmation message and will no longer receive text messages from this program. Other keywords that will unsubscribe You include: OPTOUT, CANCEL, END, QUIT, UNSUBSCRIBE, REVOKE, and STOPALL.

Help

For help or questions about Our text messaging program, reply HELP to any message or contact Us at info@opticwise.com or +1-888-678-4294. You may also text INFO for additional information.

Mobile Information Sharing

We do not sell, share, or provide mobile phone numbers, SMS opt-in data, or messaging consent to third parties or affiliates for marketing or promotional purposes. Mobile information collected as part of Our SMS messaging program is used solely to deliver the messages You have requested and to administer Your messaging preferences. This restriction applies regardless of any other data-sharing provisions described elsewhere in this Privacy Policy.

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.

California Privacy Rights (CCPA, as amended by CPRA)

Your Rights under California Law

Under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together, "CCPA/CPRA"), and if You are a California resident, You have the following rights:

• The right to notice. You must be properly notified, at or before the point of collection, which categories of Personal Information (including any categories of Sensitive Personal Information) We collect and the business or commercial purposes for which the Personal Information is used.
• The right to know / the right to access. You have the right to request, twice per twelve-month period, information regarding the categories and specific pieces of Personal Information We have collected, the categories of sources, the business or commercial purposes for collecting, selling, or sharing, and the categories of third parties with whom We have shared the information. For Personal Information collected on or after January 1, 2022, You may request information beyond the preceding 12 months unless doing so would be impossible or involve disproportionate effort.
• The right to correct inaccurate Personal Information. You have the right to request that We correct inaccurate Personal Information that We maintain about You, taking into account the nature of the Personal Information and the purposes of the processing.
• The right to opt out of the sale or sharing of Personal Information. You have the right to direct Us not to sell or share Your Personal Information to or with third parties. As described in this Policy, We do not sell or share Personal Information as those terms are defined by the CCPA/CPRA.
• The right to limit the use and disclosure of Sensitive Personal Information. You have the right to direct Us to limit the use of any Sensitive Personal Information We collect to that which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those services or goods. We do not use Sensitive Personal Information for purposes that require offering this right.
• The right to delete Personal Information. You have the right to request the deletion of Personal Information We have collected from You, subject to the exceptions permitted under the CCPA/CPRA (for example, completing a transaction, security and fraud prevention, debugging, exercising free speech, and complying with legal obligations).
• The right not to be discriminated or retaliated against. You have the right not to be discriminated against, including in any employment or services context, for exercising any of Your CCPA/CPRA 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 California Privacy Rights

To exercise any of Your rights under CCPA/CPRA, You (or an authorized agent acting on Your behalf) may contact Us at info@opticwise.com. We will need to verify Your request before responding. We will respond within 45 days of receipt; this period may be extended once by an additional 45 days when reasonably necessary, with prior notice to You. There is no fee for exercising these rights unless requests are manifestly unfounded or excessive. The California Privacy Protection Agency (CPPA) and the California Attorney General enforce the CCPA/CPRA; You may also lodge a complaint with the CPPA at cppa.ca.gov.

Sale or Sharing of Personal Information

We do not sell or share Personal Information as those terms are defined by the CCPA/CPRA, including for cross-context behavioral advertising. If Our practices change, We will update this Policy and provide any opt-out mechanisms required by law. If You are a California resident and wish to confirm or update Your privacy preferences, contact Us at info@opticwise.com.

"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