Privacy Policy

PRIVACY POLICY & COOKIES POLICY

This Privacy Policy sets forth policies and procedures regarding your use of services, data, software, applications (including mobile applications) and tools (collectively “Services”) provided by Opacity Labs, Inc. and its affiliates (“Opacity,” “we,” “us”, or “our”) on the website (http://opacitylabs.com/ and http://opacity.network/) (the “Website”), including, without limitation, regarding what information we collect about you in accordance with your use of and access to the Website, and how that information is used, stored, shared, and/or deleted.

Your use of the Website and any information you may provide through your use and/or access of the Website is subject to the terms of this Privacy Policy, as may be updated from time to time. Please read this Privacy Policy carefully before using the Website. This Privacy Policy does not apply to any third-party websites, services, or applications, even if such are available or accessible through the Website. This Privacy Policy is incorporated by reference into the Website’s Terms and Conditions (the “Terms”), which govern your use of and access to the Website and the Services made available on or through the Website.

By using the Website, you acknowledge that you have read, understood, and agreed to be bound by the terms contained in this Privacy Policy.

INFORMATION WE COLLECT

The types of information we may collect and our privacy practices are dependent on your interaction with the Website and requirements of applicable law. Through your use of the Website, we may collect the following information:

User Provided Information – Opacity may collect certain personal information in order for you to use the Website’s Services, including, without limitation, (i) full name; (ii) mailing address; (iii) phone number; and/or (iv) email address. Additionally, when you send a communication via the Website (i.e. campaigns / customer service inquiries / comments), Opacity may also collect that communication and any information you choose to provide therewith, and you agree Opacity is free to use the content of any communications submitted by you for any purpose.

Non-Personal Information – Opacity may collect certain non-personal information via your use of the Website.

Cookies – Opacity may place cookies and/or other tracking technology on your device used to access the Website. Cookies do not tell us or collect your personal information unless you choose to provide such information by using the Website. We may use cookies to monitor aggregate usage and web traffic routing on our Website and to customize Services and improve our Website. You may elect to delete cookies and/or turn off cookie acceptance altogether. However, some functions and features of the Website may not function properly if you have elected to disable cookies or similar tracking technologies. We will not, and have no obligation to continue to, remind you that cookies are used while you access the Website. Additionally, third-party services providers that we engage may also place their own cookies on your device. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by any third parties

HOW WE MAY USE YOUR INFORMATION

Opacity uses the information received from you in connection with the Website in order to improve and develop the Website and provide the Services, create and maintain a secure environment, provide a personalized experience, and comply with our various legal obligations.

Such uses include:

Providing customer service / responding to customer inquiries;

Offering you a personalized experience regarding use of the Website and Services;

Enforcing the Terms;

Contacting customers for administrative purposes, including, without limitation, notifying you of changes to the Privacy Policy;

Fraud prevention / verifying or authenticating information;

Providing information about our Services; and

Monitoring and tracking total number of users of the Website for statistical purposes.

We may also use personal information provided by you for reasons for which we have a legitimate interest at the time you provide such personal information or with your consent. Otherwise, unless consent is given, we will not use or disclose your personal information for any reason other than the purposes for which it was collected.

HOW WE SECURE AND MAY SHARE YOUR INFORMATION

We may share your information received in connection with your use of the Website and Services to: (i) our staff and/or data person(s) in charge of maintaining and recording the information; and/or (ii) to our service providers involved in providing the Services or other services who shall only have access to such information for the purpose of performing such services. Any such service provider shall be prohibited from collecting, sharing or using your personal information except as necessary to perform the Services or to comply with applicable legal requirements. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them if required to provide the Services. For these providers, we recommend that you read their privacy policies so you can understand the manner in which these providers will handle your personal information.

Opacity may also make anonymous and/or aggregate personal information for commercial, marketing, and/or legitimate business purposes, such as reporting and conducting research and development in order to enhance the Website and/or the Services. Anonymous or aggregated information does not identify you, and we may use or disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information internally and/or with third parties for our or their purposes in an anonymous or aggregated form that is designed to prevent anyone from identifying you.

In the event that ownership of all or a part of Opacity or its business were to change via merger, acquisition, divestiture, dissolution, or sale of all or substantially all of Opacity’s assets, your information pertinent to that business' operations may be assigned or transferred to, or licensed for use by, the new owner, without any prior notice to or consent from you.

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your personal information) from unauthorized access, use, destruction, or disclosure. Notwithstanding, Opacity cannot assure or guarantee the security of any information that you transmit to us or that any third party with whom Opacity shares information will comply with its obligations regarding such information. Furthermore, even though appropriate measures are used to prevent unauthorized disclosures of information, we cannot assure you that any personal information collected or received by us will never be disclosed in a manner that is inconsistent with this Privacy Policy, and do not accept liability for any unintentional disclosure. Any and all information you share for use of the Website and/or its Services is done at your own risk.

By using the Website or its Services, or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website or its Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending you an email at the email provided to us.

THIRD PARTY WEBSITES

Opacity may include links to other websites (collectively, “Third Party Websites”) via the Website. This Privacy Policy does not cover any collection or use of information that Third Party Websites may collect from you, or the practices used by third parties to collect such information, and Third Party Websites should have separate and independent privacy policies and terms of use for the purpose of collecting personal information about you. Opacity has and assumes absolutely no responsibility or liability whatsoever for the content and/or activities of Third Party Websites. If you decide to use, click on, access, or provide any personal information to Third Party Websites, you acknowledge that you are doing so at your own risk.

RETAINING YOUR INFORMATION

Opacity will retain your personal information received as described in this Privacy Policy while you are an active user of the Website or the Services, and thereafter so long as needed for purposes that are not prohibited by applicable law. Before we use any of your personal information for any new purpose not originally authorized by you, we will use best efforts to provide details regarding the new purpose and give you the opportunity to opt-out. Subject to our requirements for continued retention of your information, we will make every reasonable effort to honor your request.

OPT-OUT

When you provide us with personal information, we imply that you consent to our collecting it and using it for that specific reason only. We may also use your contact information to periodically send you e-mails regarding the Website and Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or emailing us at: notice@opacitylabs.com

Even if you opt-out from receiving promotional communications, we may still collect and use non-personal information regarding your use of the Website and Services, and/or contact you in connection with your relationship, activities, transactions and communications with us and/or the Services you may have requested.

MODIFYING, ACCESSING, CORRECTING, OR DESTROYING INFORMATION

It is your sole responsibility to ensure that any and all information you provide when using the Website or requesting Services is complete and accurate. You have a right to request and access your personal information, and can review and/or make necessary changes to your information at any time by contacting us at notice@opacitylabs.com. If you want us to delete your personal information, please contact us at notice@opacitylabs.com with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Opacity shall use best efforts to provide you with access to your personal information and delete personal information upon your request. However, there may be circumstances in which we are unable to provide access or deletion, including but not limited to: (i) where the information contains legal privilege, (ii) would compromise others’ privacy or legitimate rights, (iii) where the burden or expense would be disproportionate to the risks to your privacy in the case in question, or (iv) where it is commercially proprietary. If we determine that access or deletion should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

INTERNATIONAL USERS AND TRANSFER OF INFORMATION

Opacity and the Website are hosted in the United States, our Services are directed towards the United States market, and our Privacy Policy is in place to comply with applicable United States law. If you are located outside the United States and choose to provide personal information to us via the Website and/or request for Services, please be advised such providing of information serves as your consent to: (i) the transfer of your personal information from regions outside the United States to the United States, where the privacy laws may not be as protective as those in your jurisdiction / country you reside, and (ii) the use of your personal information in accordance with this privacy policy. For avoidance of doubt, by using the Website and/or its Services, you authorize us to transfer, store, and use your information in the United States, and agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed in accordance with the “Governing Law and Regulations” provided below, and the adjudication of any disputes arising in connection with your use of the Website will be in accordance with terms provided herein and/or set forth in the Terms of Use.

As required by the GDPR, we require that all processors and sub-processors of the data we collect fully comply with the obligations of the GDPR and do not infringe on your privacy rights in any way. In particular, you have the following rights:

-Right to Access. You have the right to see any Personal Information we have collected about you as well as the purpose of our collection and processing of it and whether we plan on sharing such Personal Information with anyone.

-Right to Correct. You have the right to correct any inaccurate Personal Information in our possession. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed by providing a statement to us at notice@opacity.com.

-Right to Erase. You have the right to have your Personal Information erased from our data stores without undue delay. Additionally, we will erase Personal Information without undue delay if: the Personal Information is no longer necessary in relation to the purposes for which it was collected; you withdraw consent and there is no other legitimate basis for the processing; you object to the processing and there are no overriding legitimate grounds for the processing; the Personal Information has been unlawfully processed; or the Personal Information must be erased for compliance with a legal obligation.

-Right to Restrict. You have the right to restrict processing of your Personal Information.

-Right to Port Data. You have the right to request your Personal Information be ported over to another controller. However, because we don’t store much Personal Information, we likely will not have the technical means to port the information automatically. If this is the case, we will recommend simply deleting the Personal Information instead. If you really want it transferred to another party, we’ll email data fields directly to the new controller and let you know via email when it is complete.

-Right to Object. You have the right to object to the collection or processing of Personal Information at any time if you believe data was collected or processed unlawfully. Our team will work with you to investigate the claim and take appropriate action. While the claims are under investigation, your data will be deleted from our stores. If you’d like, you may re-submit your data at any time.

California Online Privacy Protection Act

Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing personal information to third parties for the purpose of allowing such third parties to directly market their products and services. If you wish to opt out, you may do so in accordance with the terms set forth in this Privacy Policy. Under California law (and as a result of your ability to opt out as set forth in this Privacy Policy), we are not required to maintain or disclose a list of third parties that receive your personal information for marketing purposes.

Under the California Consumer Privacy Act (“CCPA”), California consumers have the following rights, which can be exercised directly or in certain cases, through an authorized agent:

-Right to Know. California customers have the right to request information about the categories and sources of Personal Information we collect, our purposes for collecting the information, and the types of third parties that receive that information. Details about our data collection, use and third-party disclosures can be found in this Privacy Policy. In addition, you have the right to request a copy of your Personal Information. You may exercise this right once per 12-month period by submitting a request to us at notice@opacitylabs.com.

-Right to Delete. California customers have the right to request that we delete some or all of the Personal Information that we have about you, subject to certain exceptions (i.e. complete transactions, honor opt-outs, prevent fraud, spam, and other abuse, comply with our legal obligations, cooperate with law enforcement, and to exercise and defend our rights). You may exercise your right to delete by contacting us at notice@opacity.com.

-Right to Opt Out of Sale of Personal Information. California customers have the right to opt out of the sale of your personal information, and to request information about whether we have sold your personal information in the past 12 months. We do not sell personal information, and we do not plan to do so. Should such change, we will notify you and provide an ability to opt out as required.

-Non-Discrimination. We won’t discriminate against you because you exercise any rights herein.

To exercise your rights to know and delete, we must be able to verify your identity as the owner of the Personal Information you are inquiring about. We will not be able to fulfill your request until we can do so. In general, we verify identity by confirming that you are the owner of the email address associated with the Personal Information. An authorized agent submitting a request on your behalf must also have access to the email address associated with the Personal Information, along with sufficient evidence that you have authorized that person to submit the request on your behalf.

PRIVACY RIGHTS OF CHILDREN

Our Website is not intended for use by or directed to children, and we do not knowingly collect personal information from children under 18. If we learn that we have collected personal information from a child under the age of 18, we will take steps to delete such information from our files as soon as possible. If you believe we have collected personal information of a minor, please contact us as notice@opacitylabs.com

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you. Your continued use of the Website and the Services constitutes your agreement to this Privacy Policy and any future revisions, updates, or modifications.

GOVERNING LAW AND REGULATIONS / DISPUTE RESOLUTION

This Privacy Policy shall be deemed made in New York State and shall be construed and enforced in accordance with the laws of New York State without regard to any conflict of law provisions. Notwithstanding the foregoing, this Privacy Policy, and the collection of information hereunder, shall comply with all relevant data protection provisions, including, without limitation, the Data Protection Act and General Data Protection Regulation, as applicable.

By using the Website and/or Services, you agree that all disputes, claims, or causes of action arising from or related to your use of the Website or Services will be resolved through binding arbitration in Broward County, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Nothing in this Section shall prevent Opacity from seeking injunctive or other equitable relief from the courts for matters related to data security, or unauthorized access to the Website or Services.

GENERAL INFORMATION

This Privacy Policy sets forth the entire understanding between you and Opacity regarding your use of the Website and Services. In the event any one or more of the terms and conditions contained in this Privacy Policy is held to be invalid, illegal or unenforceable, the remaining provisions will not in any way be affected or impaired thereby. Opacity’s failure to insist upon strict adherence to any term contained in this Privacy Policy shall not constitute a waiver of such term and shall not be considered a waiver or limit of any right thereafter to insist upon strict adherence to that term or any other term contained in this Privacy Policy.