5. DISCLOSING YOUR INFORMATION
We disclose non-Personal Information to third parties at our discretion. We do not sell or share Personal Information as such terms are defined under the CCPA or CPRA (defined below). In connection with our Services, we may disclose your Personal Information to certain third parties who we engage to help us run our business and perform the Services, including under the following circumstances:
- Software and service providers we use to manage and process your information, for example, hosting providers.
- Affiliates, subsidiaries, and customers.
- Payment processors. When using OPUS, we may enable you to pay for purchases of products through our third party service provider, Balance Payments, Inc. (“Balance”) or such other third party service provider selected by us from time to time (“Third Party Payment Processor”). Your submission of credit card data or other payment information through OPUS using Balance or such Third Party Payment Processor shall be subject to the Balance End User Agreement or such Third Party Payment Processor User Agreement and any terms set forth in the Balance End User Agreement or such Third Party Payment Processor User Agreement including the Balance Privacy Policy or any privacy policy of any other Third Party Payment Processor.
- Data vaults. We may use third-party data privacy vault services providers for data encryption and tokenization, including credit card data and related information.
- Google Analytics, a service provided by Google, Inc., to gather information about how you and other users engage with our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.
- Marketing and email service providers we use to communicate with you.
- Business partners and suppliers who provide a product or service in partnership or collaboration with us.
- Other third parties that you expressly request us to disclose your Personal Information to.
Additionally, we will disclose your Personal Information to third parties where required by law, where it is necessary in connection with our Services or products, or where we have another legitimate interest in doing so such as where necessary to protect our rights, privacy, safety or property, and/or that of you, or others, where necessary to detect, prevent, or otherwise address fraud, security, or technical issues.
If we are subject to a merger or acquisition with/by another company, we may disclose information to them in connection with the transaction.
6. YOUR RIGHTS AND CHOICES REGARDING YOUR INFORMATION;
Marketing Preferences. You can opt out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us, or contacting us as set forth under “How to Contact Us” above. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.
As noted above in “The Information We Collect About You,” you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Services may be impaired and some features may not work as they were intended.
Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third party providers may continue collecting information about your online activities as described in this Privacy Notice.
You have the choice to limit the data that you provide to third party services (e.g., social media platforms) and that is subsequently disclosed to us, where such data is collected through the options provided to you by the applicable third party service (for example, the options provided by a third party social media platform when you connect your social media account with our Services). You can also disconnect your use of our Services from the third party service at any time using the options provided to you by the applicable third party service. Please note, however, that if you disconnect from the third party service, that will not delete the data we may have previously collected while you were connected.
Pursuant to the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”), the Virginia Consumer Data Protection Act, and the Colorado Privacy Act, collectively referred to herein as “Consumer Privacy Laws”, we are required to provide additional information to residents of certain states concerning our collection, use, and disclosure of Personal Information.
OMNIA does not “sell” or make available Personal Information for cross-context behavioral advertising (which is called “sharing” under the CCPA as amended by the CPRA and which practice will be referred to as “sharing” for the purposes of this Privacy Notice) within the meaning of Consumer Privacy Laws. In some cases, we may customize messages to you based on information that we have about you. We do not, however, sell or use Personal Information about you for targeted advertising on third party websites.
OMNIA does not collect, process, sell, or share Sensitive Personal Information for individuals using our Services. “Sensitive Personal Information” is Personal Information that reveals:
- Social security number, driver’s license, state identification card or passport number;
- Account log-in, 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;
- Your precise geolocation;
- Your racial or ethnic origin, religious or philosophical believes, or union membership; and
- The contents of your mail, email, or text messages, unless the business is the intended recipient of the communication.
Depending on where you live, you may have certain rights (“Consumer Rights”) with respect to Personal Information that we have collected and used under certain circumstances, which may include the following:*
- The right to request the following information regarding our use of your Personal Information:
- The categories of your Personal Information that we have collected
- The purposes for which we have collected or used such Personal Information
- The categories of sources for the Personal Information we have collected about you
- The categories of third parties with whom we have disclosed your Personal Information
- If we have disclosed your Personal Information for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained
- If we have sold or shared your Personal Information, a list identifying the Personal Information categories that each category of recipient purchased
- The right to receive a copy of your Personal Information that we have collected in the past 12 months.
- The right to request correction of any inaccuracies in your Personal Information. We will use commercially reasonable efforts to correct the identified inaccurate information upon receiving a verifiable request.
- The right to request us to erase your Personal Information when we no longer need such data in connection with our Services (subject to certain exceptions that may apply under applicable law).
- The right to opt out of sale or sharing of your Personal Information. We do not sell or share your Personal Information as defined by Consumer Privacy Laws or as otherwise defined herein. For clarity, however, we do disclose your Personal Information to suppliers for business purposes as part of providing the Services to you.
- The right to appeal our decision concerning your Consumer Request. If we deny your Consumer Request or otherwise refuse to take action on your Consumer Request, you have a right to appeal our decision.
- The right to non-discrimination. If you choose to exercise your privacy rights under Consumer Privacy Laws we will not charge you different prices or provide different quality of services unless those differences are related to your Personal Information or otherwise permitted by law.
California Shine the Light Law
If you reside in California, you have the right to ask us one time each year if we have shared Personal Information with third parties for their direct marketing purposes and the identities of any such third parties (“Shine the Light Request”). Only California residents can make a Shine the Light Request. A California resident is a person who currently lives in California, or is domiciled in California but is outside of the state for a temporary or transitory purpose. To make a Shine the Light Request, please send us an email, or write to us at the address listed below in “Contact Us”. Indicate in your communication that you are a California resident specifically making a “Shine the Light” inquiry.
* These rights are not absolute, and in certain cases we may decline your request as permitted by law. If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, please contact us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. Which information is required may depend on the type and sensitivity of information subject to the consumer request. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.We will deny requests from agents that do not submit proof of legal authorization to act on your behalf. To verify that an agent has legal authority to act for you, we may require a copy of a power of attorney or require that you provide the agent with written permission and verify your own identity with us.
Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
7. HOW WE SAFEGUARD YOUR INFORMATION
The security of your 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 Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk. By using our Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Services.
8. ACKNOWLEDGMENT
To the extent that you provide or transmit any information, including, but not limited to, any Personal Information and any information that identifies any other individual (including without limitation name, email address and/or telephone number), to us, our affiliate or our third party vendors, suppliers, or partners (“Representatives”) through the Services, you warrant that (a) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (b) the use of such information by us and its Representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
9. HOW LONG WE STORE YOUR INFORMATION
We may store your Personal Information as long as you use our Services to provide you with such Services and for legitimate business purposes. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting 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. Additionally, we may continue to store your Personal Information contained in our standard back-ups.
We also will retain Usage Information for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when Usage Information is used to strengthen the security or to improve the functionality of our Services or products, or we are legally obligated to retain Usage Information for longer periods.
10. LINKS TO OTHER SITES
Our Services may provide links to third party websites that we do not control. When using OPUS, we may enable you to pay for purchases of products through our third party service provider, Balance or a Third Party Payment Processor. Your submission of credit card data or other payment information through OPUS using Balance or a Third Party Payment Processor shall be subject to the Balance End User Agreement (or such Third Party Payment Processor User Agreement) and any terms set forth in the Balance End User Agreement (or such Third Party Payment Processor User Agreement) including the Balance Privacy Policy or any privacy policy of any other Third Party Payment Processor. We are not responsible for third parties’ privacy practices, actions, content, or security of third party websites. If you click on one of these links, please understand that you are leaving our Service and any information you provide will not be covered by this Privacy Notice. Please read that website’s privacy policy before providing any information.
11. CHILDREN
Our Services are not created for anyone under the age of 13 (“Children” or “Child”). By using the Services, you represent that you are at least 13 years old. If you do not meet this age requirement, then you must not access or use our Services.
We do not knowingly collect personally identifiable information from anyone under the age of 14, and we do not target the Services to children under the age of 13. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us though one of the methods listed under “How to Contact Us”, above. If we become aware that we have collected Personal Information from Children without verification of parental consent, we take reasonable steps to remove that information from our servers.
For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.
12. SPECIAL NOTICE TO NON-U.S. USERS REGARDING DATA TRANSFERS
This website is intended for use by residents of the United States only. If you are located outside the United States and are using our Services, you should be aware that your Personal Information will be transferred to the U.S., the laws of which may be deemed by your country to have inadequate data protection. If you are located in a country outside the U.S. and submit Personal Information to us, you consent to the general use and disclosure of such information as provided in this Privacy Notice and to the transfer and/or storage of that information to the U.S.
13. GOVERNING LAW AND JURISDICTION
This Privacy Notice, your use of Our Services and this website, and the use of our information shall be construed, governed, and enforced under the laws of the State of Tennessee (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in federal or state court of competent jurisdiction located in Williamson County, TN, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
