Privacy Policy

Effective Date: May 25, 2018

OPTOVUE values the privacy of your personal information and User Content. This Privacy Policy (this "Policy") explains what information Optovue, Inc., a Delaware corporation, and its subsidiaries and other affiliates (together, "OPTOVUE", or "we" and sometimes "us") collect about you and why, what we may do with that information and how we handle your personal information and User Content through the website at www.optovue.com and academy.optovue.com (the "Sites") and the services offered through the Sites ("Services").

By using the Sites, you agree to the collection and use of your personal information as described in this Policy as well as to OPTOVUE's terms and conditions. If you do not agree to this Policy, please do not use the Sites or provide us personal information. Please note that this Policy is not relevant in any way to public information about you or other people that is found on the web and subsequently available on our site. We may make use of third-party services to facilitate our Services. This Policy does not apply to third party websites or their services.

The Controller of the Sites and the personal information collected through the Sites is Optovue, Inc., 2800 Bayview Drive, Fremont, CA 94538, USA.

Please note that persons in the European Union are entitled to certain rights, which are described in the section entitled "Data Subjects in the EU."

Effective Date and Changes to this Policy

This Policy is current as of the Effective Date set forth above. Please note that we may change this Policy from time to time and will post any such changes to this Policy on the Sites. Therefore, it is important to view the Policy periodically.

The Information We Collect About You

We collect information about you directly from you and from third parties, as well as automatically through your use of our Sites.

Information We Collect Directly. You may browse certain areas of the Sites without registering with us or providing us personal information. If you complete our form for sales inquiries on the Sites, we will collect your name, company or practice name, professional tag, email, job title, phone number, country and zip code. If you submit a support form, we will your name, company/practice name, email and phone number. To buy products from us, you must provide your contact information and financial information. If you sign up for our academy, you must provide your name, email, phone, city, state, country, zip code, practice name, position, and OPTOVUE System Serial Number.

Information We Collect Automatically. We may automatically collect the following information about your use of our Sites through cookies and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; your mobile device ID; the length of time you visit our Sites; and the referring URL, or the webpage that led you to our Sites We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information Please see the section "Cookies and Other Tracking Mechanisms" below for more information.

How We Use the Information We Collect

We use personal information for a variety of purposes including:

How We Share Your Information

We may share your information, including personal information, as follows:

Except as noted above, we will not share your information with any third party for direct marketing purposes.

Cookies and Other Tracking Mechanisms

OPTOVUE may use cookies in an effort to improve the quality of our services. A cookie is a small data file that is sent to your computer when you first visit a website. Cookies usually include an identification number that is unique to the computer you are using. Such identifier can help us better understand our users and how they are using the website and the services. Cookies can improve the quality of service e.g. recognizing a user when he visits the site, displaying the site according to the user's chosen user settings for language, and maintaining the security of the user's account.

There are two types of cookies: session and persistent cookies.

If you prefer, however, you can reset your browser so that it refuses all cookies, or notifies you when a cookie is being sent. Currently, our systems do not recognize browser "do-not-track" requests. You may disable certain tracking mechanisms as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Sites.

Data Analytics

We may directly collect analytics data, or use third-party analytics tools, such as HubSpot and Google Analytics to help us measure traffic and usage trends for the Sites. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the website. On our Sites, technologies from HubSpot are used to collect and save data for marketing and optimization purposes only. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user. You may find information on the data privacy and data collection policies of HubSpot at http://legal.hubspot.com/privacy-policy. You have the opportunity to object the processing of data through Google Analytics by installing a Browser-Add-On available at https://tools.google.com/dlpage/gaoptout You may obtain further information with respect to Google Analytics as well as their current Privacy Policy at https://policies.google.com/privacy?hl=en&gl=us.

Data Subjects in the EU

For persons located in the European Economic Area ("EU Data Subjects"), we will process your personal information in accordance with the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR).

You should read the relevant laws and guidance from the regulatory authorities for a full explanation of your rights under the GDPR, but the following briefly summarizes some of these rights and how we handle them:

For EU Data subjects, we rely on the following legal bases to process your personal information:

  1. Performance of a contract: The use of your personal information may be necessary to perform the contract that you have with us or provide the products and service you ordered from us. For example, if you buy a product from us, we use your personal information to invoice and ship you the product. If you register for our academy, we will your personal information to set up your account and provide educational content to you.
  2. Legitimate interests: We may use your information for our legitimate interests, such as to provide you with the best suitable content of the Sites, emails and newsletters, to improve and promote our products and services and the content on our Sites, and for administrative, fraud detection and legal purposes.
  3. Consent: We may rely on your consent to use your personal information for certain purposes, including direct marketing purposes (such as email marketing). You may withdraw your consent at any time by contacting us at the addresses at the end of this Policy. Withdrawal will not affect the lawfulness of processing before the withdrawal.

Retention

We apply a general rule of keeping personal information only for as long as required to fulfill the purposes for which it was collected. However, in some circumstances, we may retain personal information for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required. In specific circumstances, we may also retain your personal information for longer periods of time corresponding to a statute of limitation, so that we have an accurate record of your dealings with us in the event of any complaints or challenges.

Location of Personal Information/Transfers to the United States

We will transfer, store, and process information that we collect about you, as described in this Policy, in the United States, which may not provide the same level of protection for your personal information as your home country. In addition, we may further transfer your information outside the United States for the purposes described in this Policy. By submitting any personal information or by using the Sites, and without limitation to any other rights or obligations we have, you consent to such transfer to, and processing in, the United States and these other countries, and acknowledge that your information may be subject to access by law enforcement and other government entities, including courts and tribunals, in accordance with laws applicable in those jurisdictions.

Third-Party Links

Our Sites may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Commitment to Children's Privacy

We are committed to protecting the privacy of the very young. To comply with the Children's Online Privacy Protection Act, at this time, OPTOVUE is only available to users who are at least 13 years old. If you are under 13, please do not use the Sites. We are also committed to compliance with GDPR. If you are under the age of 16 in the European Union, please do not use the Sites.

Information security

We work hard to protect OPTOVUE and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

We take the protection of your personal information seriously and will continuously use appropriate technical and organizational measures, and make sure our suppliers act accordingly, to protect your personal information against unauthorized or unlawful processing and against accidental loss, destruction or damage. However, because no IT system can be 100% secured and not electronic transmission is completely secure, we cannot guarantee the security of any personal information we may have collected from or about you.

Enforcement

We regularly review our compliance with our Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

How can I contact OPTOVUE?

You may contact us with any questions relating to this Privacy Policy or submit any complaints or concerns by email at content@optovue.com or by postal mail at:

Optovue, Inc.
ATTN: Legal Department
2800 Bayview Drive
Fremont, CA 94538