Privacy policy & cookie policy

Optimal (“we”, “us”, or “our”) and our subsidiary companies are committed to respecting your privacy rights. Our targeted digital advertising network and digital advertising offerings and ad targeting technology deliver targeted digital advertisements online and on mobile devices for advertisers (our “Services”).

This Privacy Policy (“Privacy Policy”) reflects our commitment to you (“you” or “your”), namely Customers, Visitors, and Audience Members (all defined below), regarding your privacy with respect to information that we collect about you or that you submit to Us via the Services or through our internet website located at www.winwithoptimal.com (inclusive of the websites of our affiliated companies www.optimadmedia.com ,www.dspolitical.com, deploy.dspolitical.com and www.effectivespend.com, the “Website”).

Unless we so indicate or the context clearly suggests otherwise, for purposes of this Privacy Policy all references to “we”, “us”, or “our” are to us and our subsidiaries collectively including UNTU, LLC, a Delaware limited liability company (“UNTU”); DSPolitical, LLC, a District of Columbia limited liability company (“DSPolitical”); Optimad Media, LLC, a Delaware limited liability company (“Optimad Media”); and Effective Spend Media, LLC, a Delaware limited liability company.

This Privacy Policy applies to “Customers” of the Services, who are advertisers that use the Services and individuals acting on behalf of such Customers; to “Visitors,” who are visitors to our Website and may include Customers; and to “Audience Members”, who are actual or potential individuals about whom we receive Personal Information from Customers when acting as a provider of Services to Customers.

This Privacy Policy does not apply to information of any kind that we collect by or from means (including offline means) or sources other than those specified herein.

NAI MEMBERSHIP & COMPLIANCE

Our subsidiary UNTU is a member of — and adheres to the Code(s) of Conduct of — the Network Advertising Initiative (NAI), the leading self-regulatory association dedicated to responsible data collection and its use for digital advertising. The NAI is an organization for third-party online advertising technology companies, including networks, exchanges, DMPs, SSPs, RTB platforms, analytics companies, and service providers.

The NAI’s role is to help promote consumer privacy and trust by creating and enforcing high standards for responsible data collection and use practices online and in mobile environments among its members. You can find a description of policies listed here: NAI Self-Regulatory Codes of Conduct. By abiding by the NAI’s Codes of Conduct, we demonstrate our commitment to consumer privacy and digital advertising best practices.

You can visit the NAI opt-out tool here, which allows you to opt-out of Interest Based Advertising.

PERSONAL INFORMATION –
What is Included

As used in this Privacy Policy, “Personal Information” means any information or set of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

For purposes of this Privacy Policy, “Personal Information” encompasses both “personal data” as understood under the General Data Protection Regulation (“GDPR”) and the Virginia Consumer Data Protection Act (“VCDPA”) and “personal information” as understood under the California Consumer Privacy Act of 2018, as amended including by the California Privacy Rights Act of 2020, as amended (“CCPA”), as well as similar terms as understood under the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Personal Data and Online Monitoring (“CDPA”) and the Utah Consumer Privacy Act (“UPA”), and implementing regulations for those laws.

“Personal Information” does not include information that is not associated with an identified or identifiable individual, and therefore Personal Information does not include Aggregate Information or De-Identified Information. In addition, Device-Identified Information is not intended to be used to directly identify a particular individual. However, in certain contexts and jurisdictions (including for purposes of the CCPA and GDPR), Device-Identified Information such as IP addresses may be regarded as Personal Information.

As used in this Privacy Policy:

“Aggregate Information” (or “Aggregated Information” or “information that is reported in the aggregate”) means information, data and statistics about a group of individuals that does not identify a natural person, device or household and that cannot reasonably be used to identify a natural person, device or household, including information derived from de-identifying and anonymizing an individual’s Personal Information and combining it with De-Identified Information about other individuals.

“De-Identified Information” means information as to which identifying characteristics about a natural person, device or household have been removed without means reasonably likely to be used by any person to re-identify the natural person, device or household directly or indirectly. As used in this Privacy Policy, “De-Identified Information” is also anonymized information, such that we implement technical safeguards that prohibit re-identification of individuals to whom the information may relate, and business processes to prohibit re-identification of the De-Identified Information.

“Device-Identified Information” or “DII” is technical information linked to the browser, device or group of devices you use to access our Services. Please note however: Since DII is (by definition) associated with a particular device that you use to access Services, DII is not “De-Identified Information” or “Aggregated Information”, which terms encompass information that does not identify a device or as to which identifying characteristics about a device have been removed. For this reason, certain contexts and jurisdictions (including for purposes of the CCPA and GDPR), DII such as IP addresses may be regarded as Personal Information.

NOTICE

Where we collect or receive Personal Information about you directly from you, we will explain the purposes for which we collect and use such Personal Information, the types of third parties to which we disclose that information, and the choices and means, if any, we offer you for limiting the use and disclosure of Personal Information about you. This explanation will be provided as soon as practicable and, in any event, before we disclose your Personal Information or use such information for a purpose materially different than that for which it was originally collected or processed.

Where we collect or receive Personal Information about you from Customers, which occurs when our subsidiaries are acting as providers of Services to Customers, we do so as a processor (under GDPR, VCDPA, CPA, CDPA and UPA) and/or service provider (under CCPA) of Personal Information on behalf of Customers. We will use such information in accordance with the notices provided by Customers and in accordance with the choices you made with respect to such Personal Information, as communicated to us by Customers.

Collection of Personal Information

Information You Voluntarily Provide Us: When you visit our Website or use the Services, we may collect certain types of information that you submit voluntarily. You will need a username and password from us in order to access protected areas of the Website and the Services. We require some limited information to create an account for you, including your user name, password, email address, mailing address and telephone number. In addition, if you are accessing the Website or the Services on behalf of a Customer, you may provide certain information, for example, the Customer’s name, email address, and password. We also collect certain information from you in order to process transactions on the Services, including credit card numbers and associated billing information. We refer to this information as “Billing Information.” Our legal basis for processing this information is your consent.

Information We Collect From Third Parties: We may also acquire Personal Information about Audience Members from third parties, including from Customers and other trusted sources. Third parties who provide Personal Information to us have privacy policies that may differ from this Privacy Policy. PLEASE NOTE: We do not control the data privacy or protection policies of third parties from whom we acquire Personal Information about you , and we are not responsible for the privacy practices of these third parties including their use of technologies to gather Personal Information about you.

This Personal Information that we acquire from third parties may include the following:

Names, Email Addresses, etc. This information may include name, email address, mailing address and telephone number, as well as demographic and voting data to supplement this information. Our legal basis for processing this information is our legitimate interests, namely monitoring and improving the Services, and the legitimate interests of Customers (“data controller” under GDPR, VCDPA, CPA, CDPA and UPA) and/or “business” under CCPA).
Sensitive Data and Sensitive Health Data. Certain Personal Information that we collect from third parties may also be considered “Sensitive Data.” Sensitive Data may include social security numbers and bank or credit card account information, and may also include information about your race or ethnicity. Sensitive Data may also include Sensitive Health Data, as described below under “Sensitive Data and Sensitive Health Data”.

Sensitive Data and Sensitive Health Data. Certain Personal Information that we collect from third parties may also be considered “Sensitive Data.” Sensitive Data may include social security numbers and bank or credit card account information, and may also include information about your race or ethnicity. Sensitive Data may also include Sensitive Health Data, as described below under “Sensitive Data and Sensitive Health Data”.

Device-Identified Information (“DII”). DII is technical information that is linked to the browser, device or group of devices you use to access our Services, but that we do not associate with personal identifiers like name, phone number or email address and therefore is not intended to be used to directly identify a particular individual. Examples of DII include your device’s Internet Protocol address (IP address), browser type, and operating system. Additionally, in the case of mobile devices, we or our service providers may collect your device’s type and unique advertising identifier (such as the Apple IDFA (or UDID in older Apple phone models) or Android Advertising ID / Google AdID), and any other unique identifier that may be assigned to your device, or a non-cookie unique identifier, so long as the identifier is not linked or intended to be linked to a particular individual when ultimately used for interest-based advertising. This information may also include information reflecting your viewing behavior and other interactions with connected televisions (or “smart TVs”) and unique advertising identifiers associated with your smart TV. Please note however: Since DII is (by definition) associated with a particular device that you use to access Services, DII is not “De-Identified Information” or “Aggregated Information”, which terms encompass information that does not identify a device or as to which identifying characteristics about a device have been removed. For this reason, certain contexts and jurisdictions (including for purposes of the CCPA and GDPR), DII such as IP addresses may be regarded as Personal Information.

Geo-location data. This is non-precise information related to your geographical location derived from your device’s IP address (e.g. laptop, desktop or mobile etc.). This information does not reveal your precise geographic coordinates (i.e. GPS latitude and longitude). Examples include your zip code or the approximate geographic area provided by your Internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device or website when location services are enabled on your device. This information helps us and our service providers to serve ads that are relevant to your general location (for example, showing ads in French if you are located in France). We may also infer the geo-location of your device based on data collected through, for example, a WiFi identifier that the device is connected to.

Offline Data for Audience Matching. As described below in additional detail in “Audience Matching Services (on-boarding),” we may collect customer relationship data (such as email addresses or “hashed” versions of email addresses) from Customers or from other third parties in order to provide audience matching services as part of the Services, sometimes referred to as “on-boarding.”

Information We Automatically Collect via Our Website: Whether you are a Visitor visiting our Website or acting on behalf of a Customer visiting our Website, we automatically collect certain information that your browser sends when visiting websites in general. This information, often referred to as “Log File Information”, may include the URLs you visited; your IP address; date and time when visiting our Website and time spent on pages visited; and information about your browser and platform. In addition, when you use the protected areas of the Website, certain Log File Information about your use is automatically recorded and retained, such as account activity (e.g. number of log-ins), and data displayed or clicked on (e.g. user interface elements, links). This information may also include Cookies, web bugs, device information, and navigational data like Uniform Resource Locators (URLs), which we may use to gather information regarding the date and time of your visit, as well as your geo-location (from your IP address). “Cookies” are small pieces of information that a website sends to your browser; please see our Cookie Policy (at https://www.winwithoptimal.com/opt-out-of-advertising/) for information about our use of Cookies. Our legal bases for processing this information are your consent and our legitimate interests, namely monitoring and improving our Website and the Services.

Sensitive Data and Sensitive Health Data

Certain Personal Information that we collect from third parties and process may also be considered “Sensitive Data.” Sensitive Data may include social security numbers and bank or credit card account information, and information about your race or ethnicity. Sensitive Data may also include Sensitive Health Data, by which we mean personal health and medical information such as information on personal health conditions and treatment, prescriptions for medications and laboratory results (“Sensitive Health Data”).

We do not sell Sensitive Data to third parties, and we do not share this information with third parties except as described in the main section of this Privacy Policy under “Choice: Disclosing Personal Information to Third Parties”.

Please click on the following link for examples of the categories of Sensitive Health Data that we collect and process, including from our Customers and other trusted sources, and that we use for the Services, including both “standard” (or “off-the-shelf”) audience segments and custom audience segments used for the same purposes: https://www.winwithoptimal.com/audience-segments.

Please be aware that, unless appropriately De-Identified, Sensitive Health Data collected by us may be subject to additional privacy and use protections under the Health Insurance Portability and Accountability Act of 1996, as amended.

To opt-out of us collecting your Sensitive Data, either click the opt-out button on the website or you can opt out by filling out this form.

Use of Information We Collect

We use the information we collect to respond to requests, resolve problems, maintain Customers’ accounts and provide the Services to Customers including to measure or understand the effectiveness of the Services, provide our Website to you, improve our offerings and to create new services, and market our products or services and those of our affiliates, partners and third parties to you.

We may also use the Personal Information that we collect to send you certain notices about our Services and administrative announcements, which are not subject to opt out.

We use Billing Information that we collect only for purposes of authentication and to process transactions on the Service.

We may also use the information we collect to comply with our legal and regulatory obligations, policies and procedures, and for internal administrative purposes.

Interest-Based Advertising. Our Services help Customers deliver advertisements to people who are most likely to find them interesting by showing them advertisements that are relevant to their specific interests. This is called “interest-based advertising.” We deliver many of these interest-based ads on websites and mobile applications which rely on advertising revenue to support the content they provide. In doing so, we may utilize the information segments referred to in “Information We Collect from Third Parties” (including Sensitive Health Data), as well as Personal Information and non-Personal Information derived from your browsing habits on the Internet, to target specific ads to you.

Our Services use that data to help Customers provide ads and send advertisements to Audience Members that aim to be more relevant to you. This allows Customers who use the Services to provide more effective advertising that reaches a more precise audience of prospective Audience Members for the advertisers’ communications, products and services.

We may also serve ads to Audience Members based on inferences made regarding health conditions that may be of interest to you. When doing so, we may make these inferences using models based on a sample set of other users’ De-Identified and Aggregated health records, which we then compare with information in its databases to create datasets it can use to make certain predictions or inferences regarding characteristics that may apply to you, including the existence of certain medical conditions.

You can elect to opt-out of interest-based advertising altogether. Please visit www.winwithoptimal.com/opt-out-of-advertising/ to opt-out.

Aggregated Information. We may use Aggregated Information to create compilations of data and/or statistics and reports, and any other uses without restriction. This includes reporting information to Customers of the Services in order to allow them to effectively evaluate the value of the Services to their needs. These uses also include marketing and improving the Services. We also use Aggregated Information to analyze Website usage and customize the Website’s content, layout and services. These uses improve the Website and the Services and better tailor them to meet your needs, so as to provide you with an efficient and customized experience while using the Website and the Services.

Cookies and Log File Information. We use Cookies, other identification technologies and Log File Information to provide personalized content and to administer and monitor usage of the Services and Website. We also use Cookies, other identification technologies and Log File Information to understand and save your preferences for future visits and compile Aggregate Information about site traffic and site interaction so that we can offer better site experiences and tools in the future.

Audience Matching Services (or “on-boarding”). We use Personal Information we collect in order to provide audience matching services as part of our Services, sometimes referred to as “on-boarding.” Audience matching is a particular type of interest-based advertising where we share offline De-Identified Information (e.g. “hashed” versions of email addresses) with an ad partner or incorporate a pixel or mobile ad identifier from an advertising partner into the Services, and the ad partner “matches” common factors between our information and the ad partner’s information or other datasets to cookies, mobile ad identifiers or other online identifiers. We use this information only as a processor for the purpose of providing Services to that particular Customer. We do not share this information with other Customers.

Cross-device Linking. We use Personal Information we collect in order to identify different devices and browsers that are likely to be associated with you so that ads can be targeted, limited and/or and sequenced across those devices, and so that the Services can be better measured and analyzed. For example, cross-device linking helps us not show you ads for the same topic or product or service that you were looking at on your phone but already acted upon via your tablet. Cross-device linking also improves our ability to match devices in order to receive and honor your opt-out choices across all devices. You may opt-out of cross-device interest-based targeting by employing the respective opt-out techniques we describe in “Your Choices and Opting-Out of Interest-Based Advertising and Analytics.”

CHOICE

(Disclosing Personal Information to Third Parties)

We will offer you the opportunity to choose whether your Personal Information is to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by you.

General. We may disclose Personal Information: To third party vendors or service providers who help us provide the Services or the Website, including database hosting and data processing services, and assist us in responding to requests by you for information that you request; to third parties to whom you ask us to send your information; to any of our “Affiliates”, by which we mean our parent or subsidiary companies, joint ventures, or other companies under a common control (collectively, “Affiliates”), provided that we require our Affiliates to honor this Privacy Policy; to a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process your information as set forth in this Privacy Policy; or if we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce Customer contracts; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us; (c) protect and defend our rights or property or the rights and property of you or third parties; or (d) to prevent physical harm to an individual or financial loss.

Aggregated Information. In addition, we may use Aggregated Information to create compilations of Aggregated Information and/or statistics and reports, and any other uses without restriction. This includes reporting information to Customers of the Services in order to give Customers information in order to evaluate the value of the Services to their needs, as well as to market and improve the Service. We also use Aggregated Information to analyze Website usage and customize the Website’s content, layout and services. These uses improve the Website and the Services and better tailor them to meet your needs, so as to provide you with an efficient and customized experience while using the Website and the Services.

Opting Out of Marketing Communications

If you receive marketing or promotional communications from us, you may unsubscribe at any time by following the instructions contained within the communications or by sending an email to the address provided in the “Contact Us” section of this Privacy Policy or our Website.

Your Choices and Opting-Out of Interest-Based Advertising and Analytics

You can control how you share your Personal Information with us, including electing to opt-out of interest-based advertising. Please visit www.winwithoptimal.com/opt-out-of-advertising/ to opt-out. An opt-out allows you to direct us not to engage in a particular type of Personal Information collection or use. There are many different ways that we collect Personal Information, different purposes for that collection, and different industry-specific tools for opting-out. We describe below your different options for controlling how we use your Personal Information:

Web browser: You can opt-out of receiving interest-based ads served by or on behalf of the Services by clicking on the blue icon that typically appears in the corner of digital ads and following the instructions provided or by visiting our opt-out page: www.winwithoptimal.com/opt-out-of-advertising/. Please note that this opt-out function is browser-specific and relies on an opt-out cookie. This means that if you delete your cookies or upgrade your browser after having opted out, you will need to opt-out again.

Cross Device Opt-Out: As described above in “Use of Information We Collect,” we may link multiple browsers or devices to the cookie ID, hashed email address or other unique identifiers associated with you. If you opt-out on a browser or device and the Services have additional devices or browsers linked to you, we will extend your opt-out decision to any other linked browsers and devices. Since we only link users across browsers and devices in certain conditions, there may be cases where you are still being tracked in a different browser or device we have not linked, and where we are treating you as a different user.

Mobile Device Opt-Out: To opt-out of receiving interest-based ads that are based on your behavior across different mobile applications, see instructions for iOS and Android devices:

iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting; and

For Android devices with OS 2.2 or higher and Google Play Services version 4.0 or higher: Open your Google Settings app > Select Ads > Enable “Opt-out of interest-based advertising.”

Smart TV Opt-Out: To opt-out of receiving interest-based ads that are based on your viewing behavior and other interactions with connected televisions (or “smart TVs”), see instructions in your television’s privacy controls, and can also refer to the NAI’s connected TV opt-out instructions.

Industry Opt-Out Tools and Self-Regulation:

We recommend using NAI’s opt-out tool which will allow you to opt-out of seeing interest-based ads from us and other advertisers, or you can also use Xandr’s opt-out tool to opt-out of interest-based advertising. In addition, NAI’s opt-out tool allows you to separately opt-out of “audience matched” advertising through NAI’s opt-out tool. Alternatively, you can also use the opt-out tool provided by Xandr to opt-out of interest-based advertising. You can also use the email opt-out tool provided by LiveRamp to opt-out your email address from LiveRamp’s database. Note that this “audience matched” information is derived from an email address or information that can be tied to an email address, it is possible to opt-out with an email address. However, please be aware that if you opt-out this way, you will need to submit all email addresses that you use for the opt-out to be fully effective.

You can opt-out of Neustar’s use of information about you in connection with marketing and analytics services using cookies, mobile advertising IDs, hashed emails, and other pseudonymous identifiers, through Neustar’s opt-out page here.

We also comply with the Self-Regulatory Principles for Online Behavioral Advertising as managed by the Digital Advertising Alliance (DAA). You may opt-out of receiving personalized ads from other companies that perform ad targeting services, including some that we may work with as Advertising Partners, via the DAA website.

Additional Rights of Residents of the EEA, Switzerland, California, and Virginia: If you are a resident of the EEA, Switzerland, California or Virginia, you have additional data protection rights specific to residents of those places. These are described in “Accessing and Controlling Your Information” (for EEA and Switzerland residents), “Supplemental Privacy Notice for California Residents” (for California residents), and “Supplemental Privacy Notice for Virginia Residents” (for Virginia residents).

ACCOUNTABILITY FOR ONWARD TRANSFER

The Website is hosted in the United States of America and the Services are provided in the United States of America. In providing the Services, Personal Information we collect or receive may be stored or transferred internationally throughout our organization and to our service providers or agents, in accordance with applicable data privacy laws. Transfers to third parties are covered by the provisions in this Privacy Policy under Notice and Choice.

We will endeavor to obtain assurances that any such service provider or agent will provide at least the same level of privacy protection as is required by this Privacy Policy and will notify us if it makes a determination that it can no longer meet this obligation.

We use model contractual clauses and other mechanisms approved by the European Union and Switzerland, respectively, for transfers of Personal Information from the European Economic Area (“EEA”) and Switzerland.

Where we know that any third party to whom we have provided Personal Information is using or disclosing Personal Information in a manner contrary to this Privacy Policy, we will take reasonable steps to prevent or stop the use or disclosure. With respect to such onward transfers to agents, and to the extent we are responsible for the event, we will remain liable should our agents process Personal Information in a manner inconsistent with this Privacy Policy.

DATA INTEGRITY AND PURPOSE LIMITATION

We endeavor to use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the Individual. We will take reasonable steps designed to ensure that only Personal Information that is relevant to its intended use, accurate, complete, current, and otherwise reliable in relation to the purposes for which the information was obtained is used by us for as long as we retain possession of such information. Our personnel have a responsibility to assist us in maintaining accurate, complete and current Personal Information. When providing Services, we endeavor only to process Personal Information that is relevant to the Services, and for purposes compatible with those for which the Personal Information was collected; wherever possible, such Personal Information is De-Identified.

ACCESSING AND CONTROLLING YOUR INFORMATION

NOTE: The following paragraphs reflect rights recognized under the GDPR and other EU data protection laws for residents of the EEA and Switzerland. Additional access control rights specific to residents of California and Virginia are set forth in separate sections at the end of this Privacy Policy (“Supplemental Privacy Notice for California Residents” and “Supplemental Privacy Notice for Virginia Residents”).

EU and Swiss data protection laws make a distinction between organizations that process Personal Information for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). If you have a question or complaint about how your Personal Information is handled, these should always be directed to the relevant controller, since the controller has primary responsibility for your Personal Information.

For Audience Members: In providing our Services, we have no direct relationship with Audience Members, and in particular we do not collect Personal Information from Audience Members, which information is generally collected by third parties and provided to us by our Customers. Accordingly, Audience Members who seek to access, or who seek to correct, amend, delete, or restrict processing of their Personal Information should direct their inquiries to the relevant Customer which has transferred such Personal Information to us for processing. We will assist Customers in fulfilling their obligations under applicable law to respond to such requests by individuals regarding their Personal Information.

For Customers and other Visitors to Our Website: Under laws in certain countries in which we operate, Customers and other Visitors to our Website from those countries have a right to access Personal Information about themselves, and to correct and/or delete Personal Information that is inaccurate, incomplete or outdated, restrict processing of Personal Information, or port Personal Information to another entity. We will, upon your request, provide you with confirmation regarding whether we are processing Personal Information about you, consistent with applicable law. In addition, upon your request, we will take reasonable steps to correct and/or delete your Personal Information that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Privacy Policy or applicable law, restrict, or port your Personal Information, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated or where doing so is otherwise consistent with applicable law.

These rights may be exercised by clicking here or by contacting us at 888-860-2476. Subject to applicable law, we may charge a reasonable fee to cover costs for providing records of your Personal Information that we possess and that you request. Where applicable law requires that we recognize browser opt-out preference signals as valid for consumer requests to opt-out of the sale or sharing of Personal Information or to limit the use of Sensitive Data, we will do so. Please note, however, that we do not currently sell or share Personal Information (including Sensitive Information) that we collect.

Please note that while any deletions will be reflected in active user databases (as updated within a reasonable period of time), we may retain Personal Information for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

You authorize us to use and disclose to third parties any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously provided us as to which you have not instructed us to take such action. Please remember, however, that if we have already properly disclosed some of your Personal Information to third parties (other than authorized subprocessors), we cannot access that Personal Information any longer and cannot force the deletion, restriction or modification of any such information by the parties to whom we have properly made those disclosures.

We may retain your Personal Information to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law.

PROFILING

Under laws in the EU and various states in the United States, you have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. For example, as defined by the CCPA (including amendments to the CCPA under the California Privacy Rights Act of 2020), “profiling” is any automated processing of Personal Information to evaluate, analyze, or predict personal aspects related to an individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. We do not engage in these kinds of activities with regard to your Personal Information.

DATA RETENTION

In general, we retain information we collect from you based on the specific types of information described below, at the end of which periods we will either delete or De-Identify the information. Please note, however: Notwithstanding the below-described data retention periods, in some cases we store your information for longer periods in backup archives and/or as necessary to comply with our legal obligations and accounting requirements (but only so long as to satisfy such obligations and requirements), provided that in all such cases we will securely store the information and isolate it from any further processing until deletion is possible. Specifically:

Customer-Provided Information: For any information that a Customer instructs us to collect or otherwise provides to us in order for us to perform the Services, we retain this information until the Customer asks us to delete this data or for one (1) year following completion of the Services, whichever is earlier.

Mobile Identifiers and Cookie Identifiers: Cookies we set expire (and are then deleted) 13 months from the time your device last accessed the relevant website page where the cookie was set. The expiration period for mobile identifiers is controlled by you on your own device.

Other Information Associated with Mobile and Cookie Identifiers Related to Browsing History: We delete information associated with mobile and cookie identifiers after 12 months.

Information Associated with the Display of Ads: Data logged for the display of an advertisement (including cookie identifiers, the advertisement displayed to you and data indicating whether you clicked on a particular advertisement) are deleted after 12 months.

RECOURSE, ENFORCEMENT AND LIABILITY

We encourage you to raise questions about our processing or disclosure of your Personal Information by contacting us, as set forth in the “Contact Us” section below.

We will undertake reasonable efforts to investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy.

Any of our personnel that we determine are in violation of this Privacy Policy will be subject to disciplinary action up to and including termination of employment, where applicable.

FEEDBACK

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat information therein in accordance with this Privacy Policy.

THIRD PARTIES NOT GOVERNED BY THIS PRIVACY POLICY

This Privacy Policy addresses only our use and disclosure of information we collect from or about you. The use and disclosure restrictions contained in this Privacy Policy do not apply to any third party and we do not control the privacy policies of third parties. The Services and Website and content on them may contain links to other sites and resources controlled by third parties. In addition, if you disclose information to others, including to other uses, you are subject to the privacy policies or privacy statements of those third parties where applicable. We are not responsible for the privacy practices or content of these other sites or resources, and you should consult the privacy policies or privacy statements of such other sites and resources.

DATA SECURITY

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. Taking into account the risks involved in the processing and the nature of the information we process, we maintain appropriate administrative, technical and physical safeguards to protect information in our possession against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing. This includes, for example, firewalls, password protection, encryption and other access and authentication controls.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your information has been compromised, please contact us as set forth in the “Contact Us” section below.

The Services have security incident response programs designed to promptly respond to and escalate any potential privacy or security incident. If we learn of a security incident, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

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 and the Services are not directed to people under 13 years of age.

CHANGES TO OUR PRIVACY POLICY

This Privacy Policy is subject to revision from time to time on a going-forward basis. We will post any revised version of the Privacy Policy on this page. If we make any material changes to it, we may also send you notice thereof to the last email address you have provided to us. Continued use of the Website and/or the Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

CONTACT US

If, for whatever reason, you have any questions, comments, complaints or compliments about the privacy of the Services or this Website, please contact our email support. Please also use these email addresses if you believe you have received a marketing communication from us or one of our Services that you feel makes use of your information in an unauthorized or unwelcome way. Please contact us using the information below:

www.winwithoptimal.com

55 Peters Canyon Road

Irvine, CA 92606

(888) 860-2476

[email protected]

* * *

Supplemental Privacy Notice for California Residents

In addition to the information contained above applicable to all users of our Website, this Privacy Notice for California Residents supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended, including by the California Privacy Rights Act of 2020, as amended (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this notice.

Sensitive Data and Sensitive Health Data

Certain Personal Information that we collect from third parties may also be considered “Sensitive Data.” Sensitive Data may include social security numbers and bank or credit card account information, and may also include information about your race or ethnicity. Sensitive Data may also include Sensitive Health Data, as described below in “Sensitive Data and Sensitive Health Data”. Certain information that we collect from third parties and process may also be considered “Sensitive Data.” Sensitive Data may include social security numbers and bank or credit card account information, and may also include information about your race or ethnicity. Sensitive Data may also include Sensitive Health Data, as described in the main section of this Privacy Policy under “Sensitive Data and Sensitive Health Data”.

Information We Collect

Our Website and the Services collect Personal Information. In particular, our Website and the Services have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Category	Examples	Collected on the Website?	Collected by the Service?
A. Identifiers	A real name, Internet Protocol address, email address, or other similar identifiers.	YES	YES
B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.	NO	NO
C: Protected classification characteristics under California or federal law.	Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	YES
G. Geolocation data.	Physical location or movements.	YES	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO	NO
K. Inferences drawn from other Personal Information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO	YES

Personal information does not include:

Publicly available information from government records.

De-Identified or Aggregated Information.

Information excluded from the CCPA’s scope, including:

Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of Personal Information listed above from the following categories of sources:

Directly from Customers or their agents. For example, from documents that our clients provide to us related to the Services for which they engage us.

Indirectly from Customers or their agents through their use of the Services. For example, data about Audience Members we collect from our Customers through their use of the Services.

Directly and indirectly from activity on our Website and the Services. For example, from submissions through our Website’s portals or website usage details collected automatically.

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services that you request from us.

To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

To improve our Website and the Services and present their contents to you.

For testing, research, analysis and product development.

For the purposes of interest-based advertising

As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

Category A – Identifiers

Category B – Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Category F – Internet or other similar network activity.

Category K – Inferences drawn from other Personal Information.

We do not sell, rent or otherwise disclose Personal Information collected by our Website and/or the Services to third parties in the ordinary course of business. However, certain third party agents and other third parties performing services for us may have access to Personal Information in order to do their jobs, as described in the main section of this Privacy Policy under “Choice: Disclosing Personal Information to Third Parties”.

We disclose Personal Information for a business purpose to the following categories of third parties:

Our affiliates.

Service providers.

Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Opt-Out to Certain Collection and Use of Personal Information

The CCPA (including amendments to the CCPA under the California Privacy Rights Act of 2020) provides California residents with rights to opt-out of the collection and use of their Personal Information, specifically:

The right to opt-out of the sale of your Personal Information.

The right to opt-out of the sharing of your Personal Information used for cross-context behavioral advertising.

The right to opt-out of profiling (if applicable).

The right to opt-out or limit the use of Sensitive Data.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and verify your request, we will disclose to you:

The categories of Personal Information we collected about you.

The categories of sources for the Personal Information we collected about you.

Our business or commercial purpose for collecting that Personal Information.

The specific pieces of Personal Information we collected about you (also called a data portability request).

If we sell or share your Personal Information for a business or commercial purpose, the categories of third parties with whom we sell or share that Personal Information.

If we sell or disclose your Personal Information for a business or commercial purpose, we will provide two separate lists disclosing:

Sales, identifying the Personal Information categories that each category of recipient purchased; and

Sharing for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

Debug products to identify and repair errors that impair existing intended functionality.

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by filling out this form.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. In order for us to be able to verify your request, the request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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. 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.

Response Timing and Format

We will endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. In the event we determine that we cannot comply with a request, you can appeal this determination by contacting us at [email protected] or by contacting us at 888-860-2476. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Provide you a different level or quality of goods or services.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

http://www.winwithoptimal.com

55 Peters Canyon Road

Irvine, CA 92606

(888) 860-2476

[email protected]

* * *

Supplemental Privacy Notice for Virginia Residents

In addition to the information contained above applicable to all users of our Website, this Privacy Notice for Virginia Residents supplements the information contained in our Privacy Policy above and applies solely to all visitors, users, and others who reside in the Commonwealth of Virginia (“consumers” or “you”). We adopt this notice to comply with the Virginia Consumer Data Protection Act of 2021 (VCDPA) and any terms defined in the VCDPA have the same meaning when used in this notice.

Sensitive Data

Certain information that we collect from third parties may also be considered “Sensitive Data.” Sensitive Data includes Personal Information revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; Personal Information collected from a known child; or precise geolocation data.

Pursuant to the VCDPA, we will not process Sensitive Data concerning you without first obtaining your consent, as defined in the VCDPA. If the Sensitive Data concerns a known child, any such data will be processed in accordance with the federal Children’s Online Privacy Protection Act (15 U.S.C. § 6501 et seq.).

Information We Collect

Category	Examples	Processed on the Website?	Processed by the Service?
Identifiers	A real name, Internet Protocol address, email address, or other similar identifiers.	YES	YES
Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO	YES
Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES	YES
Geolocation data.	Physical location or movements.	YES	YES
Professional or employment-related information.	Current or past job history or performance evaluations.	NO	YES
Inferences drawn from other Personal Information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO	YES

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided.

To provide you with information, products or services that you request from us.

To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

To improve our Website and the Services and present their contents to you.

For testing, research, analysis and product development.

For the purposes of interest-based advertising.

As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

As described to you when collecting your Personal Information or as otherwise set forth in the VCDPA.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.

Sharing Personal Information

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:

Identifiers

Personal information such as name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Internet or other similar network activity.

Inferences drawn from other Personal Information.

We disclose Personal Information for a business purpose to the following categories of third parties:

Our affiliates.

Service providers.

Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you.

Your Rights and Choices

The VCDPA provides Virginia residents with specific rights regarding their Personal Information. This section describes your VCDPA rights and explains how to exercise those rights.

Right to Opt-Out to Certain Collection and Use of Personal Information

Under the VCDPA you have the right to opt-out of the collection and use of collected Personal Information. The following opt-out rights are granted to Virginia residents and can be exercised by clicking here or by contacting us at 888-860-2476:

The right to opt-out of the sale of your Personal Information.

The right to opt-out of the processing of your Personal Information for the purposes of interest-based advertising.

The right to opt-out of the processing of your Personal Information for the purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer (if applicable).

Access to Specific Information and Data Portability Rights

You have the right to request that we confirm whether or not we process your Personal Information and that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and verify your request, we will disclose to you:

Whether we do or do not process your Personal Information.

A copy of your Personal Information that we have processed in a portable medium.

Deletion Request Rights

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

Debug products to identify and repair errors that impair existing intended functionality.

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by filling out this form.

Exercising Access, Data Portability, and Deletion Rights

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. In order for us to be able to verify your request, the request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot 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 may request additional information to verify your identity. 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.

Response Timing and Format

For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

Non-Discrimination

We will not discriminate against you for exercising any of your VCDPA rights. Unless permitted by the VCDPA, we will not:

Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Provide you a different level or quality of goods or services.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Policy

Contact Information

If you have any questions or comments about this notice, our Privacy Policy, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under Virginia law, please do not hesitate to contact us at:

http://www.winwithoptimal.com

55 Peters Canyon Road

Irvine, CA 92606

(888) 860-2476

[email protected]

EMPLOYEE/HR PRIVACY POLICY NOTICE TO EMPLOYEES

Optimal (“we”, “us”, or “our”) and our subsidiary companies are committed to respecting your privacy rights. Please take notice that Optimal (the “Company”) collected certain information about you from your employment. This is Optimal’s Data Privacy Policy describing how your personal information was collected, used, processed, and transferred. This policy applies to any natural person currently employed at the Company.

Unless we so indicate or the context clearly suggests otherwise, for purposes of this policy all references to “we”, “us”, or “our” are to us and our subsidiaries collectively including UNTU, LLC, a Delaware limited liability company (“UNTU”); DSPolitical, LLC, a District of Columbia limited liability company (“DSPolitical”); Optimad Media, LLC, a Delaware limited liability company (“Optimad Media”); and Effective Spend Media, LLC, a Delaware limited liability company. This Privacy Policy applies to the Personal Information of individuals who are (a) employees, (b) independent contractors, interns, and other individuals who perform work for the Company and (c) applicants for any of the roles referred to in (a) and (b), or (d) any of the dependents, emergency contacts and beneficiaries of the individuals referred to in (a) and (b) (collectively for purposes of this policy, “employees”).

Various consumer privacy laws, including the California Consumer Privacy Act, as amended by the California Privacy rights Act (collectively, the “CPRA”), and including the consumer privacy laws of various other states that may be enacted from time to time (collectively, the “Applicable Laws”), provide applicants with certain rights, in particular:

Knowledge of information collected;
Deletion of information collected;
Opt-out of information collected;
Opt-in of information collected;
Correction of information collected;
Going to court;
Limit use of information collected;
Not to be discriminated or retaliated against for exercising rights under Applicable Laws.

Information Sources: The Company collects information about you from the following sources: (1) you; (2) your spouse or dependent; (3) prior employers, references, recruiters, job-related social media platforms; (4) third-party sources of demographic information; (5) third-party companies, such as background check companies and drug testing facilities; (6) vendors and service providers; (7) public sources; (8) automated technologies; (9) government or administrative agencies; acquisition of another company; and (10) claim administrators and investigators. Depending on the Company’s interactions with you, we may or may not collect all of the information identified about you.

Personal Information and Sensitive Personal Information Covered: The Company may collect your Personal Information, which is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”). The Company may also collect your Sensitive Personal Information, which is a subset of Personal Information that would be considered high risk or as otherwise defined by Applicable Laws (“Sensitive Personal Information”).

Personal Information includes information that can be reasonably used to identify you, directly or indirectly, such as:

Identifiers, such as name, government-issued identifier (e.g., Social Security number), unique identifiers (e.g., employee ID), telephone number(s), postal address, e-mail address, and signature;
Characteristics of protected classifications under Applicable Law, such as your age, marital status, gender, sex, race, color, disability, citizenship, primary language, immigration status, military/veteran status, disability, request for leave, and medical conditions;
Commercial information, such as transaction information and purchase history (e.g., in connection with travel or other reimbursements [or purchases from Company]);
Internet or network activity information, such as browsing history and interactions with our online systems and websites and any Personal Information that you provide while accessing the Company’s computer systems, such as personal credit card information and passwords;
Geolocation data, such as device location from usage of the Company’s devices;
Biometric information related to access to the Company’s secured access points;
Genetic data;
Audio, electronic, visual, and similar information;
Professional or employment-related information, such as work history and prior employer;
Non-public education information; and
Inferences drawn from any of the Personal Information and Sensitive Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

Personal Information does not include the following:

Deidentified or aggregated consumer information.
Publicly available information from federal, state, or local government records.
The employee’s business title, business address, and contact information when used or disclosed within the ordinary scope of conducting the Company’s business.
Information excluded from the scope of the Applicable Laws, such as medical or health information covered by the Health Insurance and Portability and Accountability Act of 1966 or Personal Information covered by certain sector-specific privacy laws such as the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.

How this Personal Information and Sensitive Personal Information May Be Used. The Company may use your Personal Information and Sensitive Personal Information:

To operate, manage, and maintain our business;
For hiring, retention, and employment purposes;
To otherwise accomplish our business purposes and objectives, including, for example:
- Emergency services;
- Conducting research, analytics, and data analysis;
- Maintaining our facilities and infrastructure;
- Quality and safety assurance measures;
- Conducting risk and security controls and monitoring;
- Protecting confidential and trade secret information;
- Detecting and preventing fraud;
- Performing identity verification;
Complying with laws, legal process, and the Company’s internal policies;
- Maintaining records;
- Claims processing;
- Responding to legal requests for information and subpoenas; and
Where the employee has provided consent or requested their Personal Information be shared, such as providing job references or to ensure employee benefits administered by third parties are delivered (i.e. health insurance); and
Any other purposes authorized by Applicable Laws.

The Company may or may not use Personal Information and Sensitive Personal Information about you for each of the above purposes.

Sharing of Personal Information. The Company may share your Personal Information with the following third parties: While the Company generally maintains applicant and employee Personal Information as confidential, from time to time, the Company may disclose applicant and/or employee information for legitimate business purposes, as described in the above section entitled “How this Personal and Sensitive Personal Information is Used”. In the event applicant and/or employee information is disclosed for one of these reasons, the Company will disclose Personal Information and/or Sensitive Personal Information only to the minimum extent necessary to achieve the purpose of the disclosure and the Company will only disclose if the disclosure is permitted under the Applicable Laws. Recipients of your Personal Information and/or Sensitive Personal Information may include without being limited to: Service providers and contractors; affiliated companies; clients and customers; business partners; government or administrative agencies; the public; entities the Company is required to disclose to by law or in the course of a legal proceeding; and entities as required to comply with law or to protect the rights, property or safety of the Company and any individuals.

Selling of Personal Information. The Company does not sell your Personal Information nor disclose your Personal Information for cross-context behavioral advertising.

Data Retention. The Company retains your Personal Information no longer than necessary for the purposes described in this Notice above and in accordance with our record retention schedule. We will store your Personal Information, in a form that permits us to identify you, for no longer than is necessary for the purpose for which the Personal Information is processed. We store your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically and reasonably feasible to remove it. Otherwise, we will seek to delete your Personal Information within a reasonable timeframe upon request. The Company will destroy or erase your stored Personal Information after this time.

Security Measures. The Company will take reasonable, and in no event than legally required, security measures appropriate for the sensitivity of the stored Personal Information to protect against unauthorized and malicious use of your Personal Information.

Security methods include: Physical security such as locking filing cabinets; organizational security such as limiting who can view certain Personal Information; technological security such as reasonable levels of encryption and security software; staff trainings to ensure staff are aware of their responsibilities in upholding the security and confidentiality of retained Personal Information.

All Company staff who have control over or come into contact with Personal Information must comply with the procedures and practices described in this Privacy Policy. Any breach, intentional or unintentional, of any portion of this Privacy Policy or any related Company policy about the handling of Personal Information is grounds for immediate termination of employment with cause.

Exercising Rights Granted Under Applicable Laws. You have the right to make choices about your Personal Information. Where applicable and in certain circumstances, these legal rights include:

The right to update your Personal Information if it is out of date, incomplete, or inaccurate;
The right to request confirmation that we are processing your Personal Information and be provided with access to the Personal Information we process about you;
The right to have your Personal Information deleted;
The right to restrict the processing of your Personal Information;
The right to transmit your Personal Information to another organization;
The right to object to the processing of your Personal Information;
The right to withdraw consent for Personal Information you’ve provided to us on a consensual basis; and
The right to obtain information about the third parties with which we have shared your Personal Information.

To exercise these rights and any other rights under Applicable Laws:

Call: (888) 860-2476
Email: [email protected]
Form: Privacy Web Form.
The Company will respond to requests to know, delete, and correct Personal Information in accordance with Applicable Laws, including verification of the identity of the requester. The Company’s identity verification process will follow Applicable Laws and depend on the nature of your request as described below:
Requests to know Specific Pieces of Personal Information: The Company may match at least three (3) data points that you provide with your request, or in response to our request for verification information, against information that we already have about you in our records and that we have determined to be reliable for purposes of verifying your identity. Additionally, we may require you to sign a declaration under penalty of perjury that you are the individual whose Personal Information is subject to the request.
Requests to Correct or Delete Personal Information: Our process for verifying your identity will depend on the sensitivity (as determined by the reasonable judgment of the Company) of the Personal Information you ask us to correct or delete. For less sensitive Personal Information, we may require a match of two (2) data points as described in the above paragraph. For more sensitive Personal Information, we may require a match of three (3) data points and a signed declaration under penalty of perjury as described in the above paragraph.

If the Company is unable to verify your identity based on the processes described above, the Company may ask you for additional verification information. If the Company does so, the Company will only use that information for verification purposes. If the Company is unable to verify your identity to a sufficient level of certainty to respond to your request, the Company will promptly inform you and provide you with an explanation as to why your identity was unable to be verified.

The Company will make all reasonable efforts to acknowledge receipt of your requests to know, delete, and correct information within ten (10) days of receiving your request. The Company will make all reasonable efforts to respond to your request within forty-five (45) days of receiving your request unless we notify you that additional time is needed, in which case the Company will have an additional forty-five (45) days to respond.

If an authorized agent submits a request on your behalf to know, correct, or delete your Personal Information, the authorized agent must submit with the request either (a) a legally valid power of attorney, signed by you; or (b) another document signed by you that authorizes the authorized agent to submit the request on your behalf. Additionally, the Company may ask you or your authorized agent to verify your identity under the above-listed applicable steps. The Company will provide you with an “Authorized Agent Designation” form if you request one at [email protected].

Company’s Non-Discrimination and Non-Retaliation Policy. The Company will not unlawfully discriminate or retaliate against you for exercising your rights under the Applicable Laws.

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