Effective Date: June 8, 2015
Last Updated: March 4, 2021
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.
What information do we collect?
We collect information, including personal information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
“Sensitive Personal Information” refers to a smaller subset of Personal Information which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation.
When you use our Services, we collect personal information in the following ways:
Information You Give to Us
We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously.
Information We Obtain from Your Use of Our Services
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may 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.
- Location Data
If you grant us access to your location, OmniMetrix may collect information about your location when you use our Sites and Services. Your location can be determined by: IP address, GPS and information about things near your device, such as Wi-Fi access points and cell towers. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Information you provide to us. Depending on the platform you use to access our Applications mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the Applications mobile application.
- Device ID
When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with personal information you provide to us. You may learn more about opt out of any anonymous device ID collection via the privacy settings available within your mobile device.
Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google, Facebook, LinkedIn and similar partners.
The technologies we use for this automatic data collection may include:
Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
What do we use your information for?
We process your information, including your personal information, for the following purposes:
- To provide our Service to you, to communicate with you about your use of our Service, to respond to your inquiries, and for other customer service purposes.
- To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Service.
- To research and develop new products and features, to the extent permitted by law and, where required, with your consent.
- For marketing, promotional and informational purposes, to the extent permitted by law and, where required, with your consent. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites. You can opt-out of receiving these emails at any time as described below.
- To better understand how users access and use our Service, both on an aggregated and individualized basis, in order to improve our Service and respond to user desires and preferences, and for other analytical purposes.
- To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Service.
- To administer surveys and questionnaires.
- To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
How do we protect your information?
OmniMetrix maintains administrative, technical and physical safeguards designed to protect the user’s Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.
Although we take reasonable steps designed to protect your Personal Information, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot and do not guarantee or warrant the security of your Personal Information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Information that may affect you so that you can take the appropriate actions.
Do we disclose any information to outside parties?
We do not sell or trade your Personal Information to outside parties. This does not include trusted third parties who assist us in operating our website, conducting our business or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies or protect ours or others’ rights, property or safety.
We may share your information, including personal information, as follows:
- Third Party Partners and Distributors. With your consent, we may share information from the Service with other third-party partners and distributors, including your personal information and data collected from devices.
- Aggregate and De-Identified Information. We may share aggregate or de-identified information—so that it cannot reasonably be used to identify an individual—with third parties for marketing, advertising, research or similar purposes.
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
- Service Providers. We provide selected information we collect from you to third party vendors, service providers, contractors or agents who perform service functions needed by us to run the business, such as providers of hosting, email communication, customer support services, analytics, marketing, and advertising, based on our instructions, and in compliance with this Policy and any other appropriate confidentiality and security measures.
- Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding or reorganization, we will give affected users notice before transferring any personal information to a new entity.
Legal Bases for Processing Personal Information
There are different legal bases that we rely on to use Personal Information, namely:
- Performance of a Contract – The use of Personal Information may be necessary to perform the contract that you or your organization has with us or to take steps at your request prior to entering into a contract with you or your organization. If you are a consumer or a user of our services we will use your Personal Information to carry out our obligations under the contract that we have with you. We similarly process employee and representative information from our customers, suppliers and business partners to perform our contracts with those organizations.
- Consent – We will rely on consent, which, in some cases, may be implied, to use: (i) technical information, such as cookie data and location data, as described in this Policy; and (ii) Personal Information for certain marketing purposes. You may withdraw your consent at any time by contacting us at the addresses at the end of this Policy. We may obtain certain Personal Information from entities that use our products and services, in which case they are responsible for obtaining and handling any required consents or for having another legitimate basis for processing such information.
- Legitimate interests – It is in our legitimate interests to process Personal Information in order to improve our products, services, perform administrative tasks, communicate with you, including the delivery of marketing communications with users (and where consent is not required by applicable law), customize and personalize content for users, identify and authenticate you, secure our systems and information, conduct research, and develop new products. It is also in our legitimate interests to protect the legal rights, safety, and security of OmniMetrix, our affiliates, and our business partners; to respond to and resolve claims or complaints; to prevent fraud; and to manage risks associated with our business. For more information about the balancing test that we carry out to process your Personal Information to meet our legitimate interests, please contact us using the details below.
- Legal obligations – We may use Personal Information to comply with legal obligations to which we are subject. For example, we may disclose Personal Information to law enforcement in accordance with legal process.
Your Rights and Choices
You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your personal data. We also aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or you may update or correct inaccuracies in that information by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity OmniMetrix before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the How to Contact Us section below.
Our Opt-in/Opt-out Policy
Direct Marketing and “Do Not Track” Signals
OmniMetrix does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send (a) an email to email@example.com with the subject heading “California Privacy Rights,” or (b) a letter addressed to OmniMetrix, LLC, Attention: Marketing Director 4295 Hamilton Mill Rd. Suite 100, Buford, GA 30518. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years of age or older. If you are under the age of 13 (or a minor in the jurisdiction in which you are accessing our Sites or Services), do not use the Services, or make purchases via the Services, use any interactive features of the Services, or post any Personal Information to our Sites or submit any Personal Information via the Services. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13 in the applicable jurisdiction, please contact us firstname.lastname@example.org. If we learn that we have inadvertently collected the Personal Information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.
- OmniMetrix Distributor Information. We collect information about individuals within our OmniMetrix Distributor organization (“Distributor Information”). Distributor Information may include information related to the Distributor’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Distributor Information to support the Distributor account, maintain our business relationship with the Distributor, respond to Distributor inquiries, or perform accounting functions. OmniMetrix Distributors may update personal information and password by logging into the OmniMetrix Platform and updating their account. OmniMetrix Distributors may contact OmniMetrix support in order to delete their Personal Information. In some cases, we may not be able to delete Distributor Information, and in such cases we will tell you why.
- Information about our Distributors’ Contacts. We collect information about any contacts, such as employees, Distributors, and others, that may be uploaded into the OmniMetrix Platform (“Information about our Distributors’ Contacts”). Information about our Distributor’s Contacts may include name, e-mail address, phone number, job title, or similar kinds of information. We use Information about our Distributor’s Contacts for the purposes of providing Services to such contacts. OmniMetrix Distributors may update or delete Information about their contacts in the OmniMetrix Platform. OmniMetrix Distributors may also contact OmniMetrix support in order to update and delete such information. In some cases, we may not be able to delete such information, and in such cases we will tell you why.
- Archival Information. We collect communications information for archival purposes on behalf of, and as directed by, our OmniMetrix Distributors. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our OmniMetrix Distributors and the third parties they correspond with. We do not control or monitor the information our OmniMetrix Distributors collect and store through our Services, or their privacy practices or policies. It is our Distributor’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Distributor’s communications and use of our services. Our Distributor’s privacy policies or practices apply to Archival Information, the purposes for which the Distributor collects Archival Information, how the Distributor may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Distributor in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Distributor.
- Automatically Collected Information. We collect information automatically about how our OmniMetrix Distributors use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide OmniMetrix Distributors with certain customized features. We may use Automatically Collected Information to tell us how our OmniMetrix Distributors use our services, to improve our services or develop new products, services or features. We may combine this information with other information we collect.
We treat Distributor Information, Information about our Distributor’s Contacts, Archival Information and Automatically Collected Information as the confidential and proprietary information of our OmniMetrix Distributors, subject to the terms of the OmniMetrix Terms and Conditions and any other service agreement between OmniMetrix and the Distributor. We do not share Distributor Information, Information about our Distributor’s Contacts, Archival Information or Automatically Collected Information with third parties unless directed to do so by our Distributor, as may be necessary to provide services to the Distributor, to our advisors, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), as allowed under the terms of our agreement with our Distributor, or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Distributor Information, Information about our Distributor’s Contacts, Archival Information or Automatically Collected Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, OmniMetrix Distributors, partners or service providers.
We will retain Distributor Information we process on behalf of our OmniMetrix Distributors for as long as needed to provide services to our Distributors, or for the period of time requested by a particular Distributor.