Privacy Policy

Introduction

Optodex, Inc. (“Company,” “we,” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.optodex.com/ (“Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On the Website.
In email, text, and other electronic messages between you and the Website.
When you interact with our advertising and applications on third-party websites and services, if those advertising or applications include links to this policy.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Minors

Our Website is not intended for minors under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

Further, California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please note that we do not offer our products to California residents under the age of 18.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified, such as name, company name, company information, postal address, email address, telephone number, any other identifier by which you may be contacted online or offline (“personal information”);
That is about you but individually does not identify you; and/or
About your internet connection, the equipment you use to access our Website, CRM data, software and system data, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our affiliates and business partners.

Below includes specific categories of information that we collect along with the methods and purposes of such collection:

Categories of Personal Data Collected

Internet Data.
Geolocation Data.
Data that identifies the web user, such as name, address, telephone number, email address, and username.
Financial information (e.g., credit card and account numbers, transaction details, and form of payment).
Relevant shipping information (such as shipment numbers and tracking information).
User generated content (including any content or material you publish, post, or submit to us, such as photos and videos).
In some cases: age, gender, country of birth, nationality, interests and preferences.
Other data that Company is required or entitled by applicable law to collect and process and that Company needs for authentication or identification, or for the verification of the data that it collects.
Data that is generated as part of a transaction (purchases), such as transaction amounts, time and location of transactions and form of payment or payout method.
Data that is generated through a web user’s other actions when using the Website (e.g., when items are placed in shopping cart or on the watch list, searches or interests).
Data regarding all other interactions with Company, including advertising preferences and web users’ communications with Company.
Computer and connection information, such as statistics regarding users’ use of Company’s services, information on data traffic to and from websites, referral URL, information on advertisements, IP address, access times including accessed pages within Company’s Website, language settings and weblog information.
Data collected through the use of cookies, including the following usage- and device-related information: data about the pages users visit, the access time, frequency and duration of visits, the links on which users click and other actions users take as part of their use of Company’s services and in advertising and email content; data about users’ activities and interactions with our advertising partners including data about the advertisements they were shown, how often the advertisements were shown, when and where they were shown, and whether users took any action, such as clicking on an advertisement or making a purchase; the user segment or category into which a user falls; model or device type, operating system and version, browser type and settings, device ID or individual device identifier, advertisement ID, individual device token, and cookie-related data (e.g., cookie ID); the IP address from which a user’s device accesses our services; and location data.
Personal data collected from other sources and from third parties to the extent permitted by applicable law, including: data from public sources (e.g., demographic data); data from credit agencies or bureaus (e.g., credit reports/checks, identity confirmation, data for risk modeling and setting of credit limits); data from data providers (e.g., “Know Your Customer”/identity verification, demographic, interest-based and online advertising related data).

Purpose of Processing

Company collects this information to:

Log who has visited the website.
Comply with legal obligations to which we are subject, including participation in investigations and proceedings conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts; prevention, detection and mitigation of illegal activities; complying with information requests from third parties based on any statutory information rights; ensuring the information security of our services; retention and storage of users’ personal data to comply with specific legal retention requirements.

Business Purpose(s) for Using Personal Information

To perform services on behalf of the business, including:

Providing the Website and its contents to users.
Carrying out our obligations and enforcing our rights arising from any contracts entered into between users and us, including for billing and collection.
Maintaining or servicing accounts.
Providing customer service and information requested by users.
Processing or fulfilling orders and transactions and sending users related information, including confirmations and invoices, via text message and email.
Verifying customer information.
Processing payments.
Providing advertising or marketing services.
Providing analytic services.
Sending users technical notices, updates, security alerts and support and administrative messages.
Communicating with users about products, services, offers, promotions, rewards, and events and other news and information Company believes will be of interest to users.
Monitoring and analyzing trends, usage and activities in connection with Company’s Website.
Personalizing and improving users’ experience on Company’s Website.
Enabling the delivery of purchased items by logistics/shipping service providers, including notifications to users by email and text in connection with the delivery of products (such as tracking information), the latter to the extent permitted by applicable law without users’ consent.
Contacting users about our own and third parties’ goods and services that may be of interest to them, unless they have opted out of such communications.
Processing of general location data, such as IP address or postal code.
Enforcing Company’s Terms of Use, this privacy policy, and Company’s other rules and policies.
Protecting the rights, property, or safety of the Company, our customers, or others.
Notifying users about changes to our Website, or any products or services we offer or provide though it.
Fixing errors and bugs.
Fulfilling any other purpose for which users provide information to Company.

Legal Basis for Processing

There is a legitimate business interest in handling the information.

Sources from Which Company Collects Information

Company collects personal information directly from Website users, as well as from third parties.

Categories of Third Parties to Whom Company Sells Personal Information

Company does not sell personal information.

Categories of Third Parties with Whom Company Discloses Personal Information for a Business Purpose

Company may share information about Website users as follows or as otherwise described in this privacy policy:

With affiliates, subsidiaries, vendors, independent contractors, consultants, marketing partners, and other third-party providers who need access to such information in connection with services they perform for Company and who are subject to contractual obligations regarding their use of the information.Examples of these services include payment processing and authorization, text messaging services, fraud protection, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In proceeding with an online order, any information associated with the order, such as the name, address, and telephone number of the customer and the recipient, may be processed using service providers.
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process.
If we believe a user’s actions are inconsistent with our Terms of Use, or to protect the rights, property and safety of Company or others.
In connection with, or during negotiations of, any merger, sale of Company assets, financing or acquisition of all or a portion of our business by another company; and
With a user’s consent or at the user’s direction.
With third parties to market their products or services to users if they have not opted out of such disclosures.
For enrollment in activities such as marketing, social media promotion, business development, and other supporting business functions.
For metrics analysis to improve performance and to support the overall quality assurance of our Website.
To fulfill the purpose for which users provide information.
In any other way we may describe when users provide the information.
For any other purpose with users’ consent.

We may also share aggregated or de-identified information that cannot reasonably be used to identify a user.

Automated Processing or Profiling

Automated systems are used.

If Automated Processing is Used what Function does the Automated Processing Serve?

The system automatically tracks web users’ IP addresses, web browsers and obtains information concerning a user’s operating system, internet connection, traffic data, location data, logs, and other communication data. 

Information collected automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about users’ preferences, allowing us to customize our Website according to individual interests.
Speed up users’ searches.
Recognize users when they return to our Website.

Decisions with a Legal Effect that Use Automated Processing

The system does not make decisions based on the automated processing.

Where is this Information Processed?

The United States of America.

Retention Period

12 months

The information we collect automatically may only be statistical data and not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us to improve our Website and to deliver a better and more personalized service as described in the chart above.

Types of Tracking Technologies We Use

The technologies we use for automatic data collection may include tracking technologies, such as cookies and web beacons, including tracking technologies managed by vendors or external parties. A cookie is a small file of information that is stored on your computer hard drive or mobile or other device (e.g., a smartphone or tablet). A web beacon (also referred to as clear gifs, pixel tags, and single-pixel gifs) are small electronic files that permit the Company, for example, to count users who have visited Website pages or opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

There are a number of different types of cookies, which can generally be categorized as follows:

Necessary or essential. These tracking technologies are used for core functionality, for example for security and to enforce your privacy preferences. Without these cookies, some functionality on our websites will fail.
Functional or analytics. These tracking technologies help to improve our Website by allowing us to understand how the Website is used and how it performs.
Security. To enable security features and allow us to detect activity that might violate our rules and Terms of Use, such as unauthorized access or activity.
Location. We may use location-aware technologies to locate you, including as determined by your IP address, for purposes such as verifying your location and delivering or restricting content based on your location. Our services may be personalized to provide you with more location-relevant content.
Advertising. These tracking technologies help us and other parties personalize ads that are shown to you on our Website. If enabled, these tracking technologies will allow other parties engaged in interest-based advertising to understand your use of online services across platforms and over time.

We may combine tracking technology information with other personal data about you, such as combining your usage information with offline purchasing behaviors. Doing so allows us to improve your experience on our Website.

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. You may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.

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

Residents of certain states, such as California, Colorado, Connecticut, Florida, Montana, Nevada, Oregon, Texas, Utah, and Virginia may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

How We Store Your Data

We securely store your data on secure web servers located in secure data centers in the United States. User account data is not shared or accessible by any organization or individual not affiliated and authorized by us. We generally retain your information as long as reasonably necessary to provide you the services or to comply with applicable law. However, even after you no longer use the Website, we can retain copies of information about you and any transactions or services in which you may have participated for a period of time that is consistent with applicable law, applicable statutes of limitations, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to resolve disputes, to address problems with our services, to assist with investigations, to enforce our Terms of Use or other applicable agreements or policies, or to take any other actions consistent with applicable law.

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

Jurisdictions Where Personal Information May be Used, Processed, and/or Stored

Your personal information may be stored and processed outside of your country, province or state of residence, in any jurisdiction where we have facilities or in which we engage service providers, to the extent allowed in accordance with applicable law. This means that your personal information may be transferred to jurisdictions that have less restrictive privacy laws than your country, province, or state of residence. We will ensure that your personal information will receive an adequate protection in compliance with generally accepted data protection principles. We take steps to process personal information according to the provisions of this privacy policy and the requirements of applicable law.

Personal Health Information Notice

Given the nature of our business, some of our affiliates or partners may be subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). These affiliates or partners may collect additional information from you that is considered “protected health information” (“PHI”) as defined by HIPAA. We do not intentionally collect PHI. In the event of an inadvertent disclosure of PHI to us, we will delete the PHI and notify the discloser so that it can follow the appropriate procedures as required by the U.S. Department of Health and Human Services.

Marketing

We would like to send you information about products and services of ours that we think you might like. If you have agreed to receive marketing, you may always opt out at a later date. You have the right at any time to stop us from contacting you for marketing purposes or giving your data to other partner companies. If you no longer wish to be contacted for marketing purposes, please contact us via email at [email protected].

Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request from us copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we will endeavor to respond to your requests within 30 days. Should we be unable to comply within 30 days, we will contact you and let you know of any delay.

If you would like to exercise any of these rights, please contact us via email at [email protected]. Optodex will not discriminate against you because you have made a request to exercise your privacy rights.

Residents of certain states, such as California, Colorado, Connecticut, Florida, Montana, Nevada, Oregon, Texas, Utah, and Virginia may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

Your state’s consumer privacy laws may provide you with additional rights regarding our use of your personal information. Please see your State Privacy Rights for more information for your specific state. Information concerning some state’s privacy laws is provided below.

Privacy Laws Specific to California Residents

If you are a resident of California, you have certain rights to the personal data that we have collected about you. Requests to exercise your rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law. We will comply with your request as soon as reasonably practicable and in compliance with applicable law.

Right of Access to Your Personal Data: You have the right to access to your personal data, as permitted by law. This includes categories of personal data collected, categories of sources of personal data collected, business or commercial purpose of collecting personal data, categories of third parties with whom we share personal data, and the specific pieces of personal data we have collected about you over the past 12 months.
Right to Deletion: You have the right to ask us to delete your personal data, subject to exemptions and as permitted by law.
Right to Non-Discrimination: You have the right to not receive discriminatory treatment for exercising your privacy rights. We will not discriminate against you if you submit one of the rights requests listed herein..
Authorized Agents: You may designate an authorized agent to exercise any of the enumerated California privacy rights on your behalf. Authorized agents may make requests on your behalf of you by contacting us via the contact information provided herein.
Shine the Light: You may request and obtain from us a list of what personal data (if any) we disclosed to third parties for that third party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Requests can be made to [email protected] It is important to note that this law does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing.
Do Not Track Signals: California law requires us to let you know how we respond to web browser Do Not Track (“DNT”) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.

To exercise your rights to your personal data, please contact us at [email protected].
To learn more about California residents’ privacy rights, visit https://www.oag.ca.gov/privacy/ccpa.

Other State Privacy Laws

Colorado, Connecticut, Florida, Montana, Oregon, Texas, Utah, and Virginia each provide their state residents with rights to:

Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, Florida, Montana, Oregon, Texas, and Virginia also provide their state residents with rights to:

Correct inaccuracies in their personal information.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
Oregon also provides the right to obtain a list of the specific third parties that have received personal data or any personal data from a data controller.

Texas also provides the right to appeal a refusal to take action on a consumer’s request to exercise their rights.

Nevada provides residents a limited right to opt-out of certain personal information sales.

To exercise any of the rights set forth herein, please contact us via email at [email protected].

Changes to Our Privacy Policy

We may modify this privacy policy from time to time. If we make material changes to it, we will provide you notice through the Website, via email, or by other means, to provide you the opportunity to review the changes before they become effective. You shall be responsible for reviewing and becoming familiar with any such modifications. We agree that changes cannot be retroactive. If you object to any changes, you may close your account or discontinue use of the Website. Your continued use of our services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms. The date this privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Individuals with Disabilities

We are committed to ensuring this privacy policy and our other Website content is accessible to individuals with disabilities. To request Website content, including this privacy policy, in an alternative format, please reach out to us at the Contact Information provided below.

Contact Information

To ask questions or comment about this privacy policy, to request Website content in an alternative format, or to exercise your privacy rights, please send us a message at one of the contacts below:

Email: [email protected]

Legal Disclosures

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Website (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of the Company, our users, personnel, or others. We attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.