Privacy Policy

PRIVACY POLICY

Revised: 12/2024

 

Thank you for visiting OPTIZMO.com (“Website”) owned and operated by OPTIZMO Technologies, LLC (“Optzimo,” “we,” “us,” or “our”). OPTIZMO is an Enterprise Class Software Solution for automating email suppression list management and streamlining consumers’ opt-out preferences. OPTIZMO’s technology enhances the security, visibility, collection, and distribution of our Clients’ consumer data. This policy describes our general privacy practices undertaken at the direction of our Clients including the collection, processing, storage, and use of consumer data at the direction and for the benefit of our Clients.  This Privacy Policy does not address our privacy practices relating to our Clients or OPTIZMO job applicants, employees, contractors, or other personnel as those practices are described in separate locations and are largely based on our contractual agreements.  

  1. WHAT INFORMATION WE COLLECT ON BEHALF OF OUR CLIENTS.
  2. General Information. When a Client uses our services, they provide consumers a link in the marketing for the purpose of notifying the Client that they do not wish to receive further commercial marketing information.  For those Clients that use several parties for their email marketing, our Clients request a limited sharing of the consumer’s request in order to honor the request.  Therefore, on behalf of our Clients we collect, process, and share consumer data at the direction of the Client. We have contractually committed ourselves to only collect, store, process, and share information as instructed by the respective Client. We do not control the information practices of our Clients, their agents, or other websites owned or operated by third-parties that consumers may interact with during their interaction with our Clients. We encourage consumers to read all applicable terms and conditions, policies, and/or statements of the Websites consumers visit to understand their information practices and any rights they may have in relation to the collection, use, and disclosure of their Personal Information prior to providing any information.   On behalf of our clients, we collect the following information:
  3. Identifiers, which may include your name, email address, phone number, mobile number, and information about your device and your usage of the Client link, the website or email from which you accessed our link, Internet Protocol (IP) address which may provide us with your general geolocation. 
  4. Commercial information, which may include the party who sent the email message to you.  As a result of knowing which email you are unsubscribing, we determine your general interest in the product or service that was the subject of the email.  When you contact our Client or us regarding your receipt of a commercial email from a Client we also receive, feedback information, communication preferences, customer service, and communication history.
  5. Internet or other electronic network activity information, which may include your IP address, log data, analytics data, device ID, and other data collected through cookies, web beacons, JavaScript, and similar technologies as described below.
  6. Geolocation data, which includes both your general geographic location when using the link and precise location if you provide the same directly to us or our Client. 
  7. Audio, electronic, visual, or similar information, including, where permitted by law, recordings of phone calls between us or our customer service providers. 
  8. Inferences drawn from Other Personal Information or Data. From information we collect, and information provided by our Clients we may be able to create a profile or general understanding of your preferences and characteristics to determine what content, ads, or products you may be interested in receiving and which you do not wish to receive. 
  9. Device Information, which may include identification of the type of device you use, IP address, and information stored in cookies on your device or in your browser, and this may qualify as Personal Information. We use cookies, web beacons, or similar technologies as described below.
  10. No Collection From Individuals Under the Age of Sixteen (16). We do not knowingly collect, use, or disclose Personal Information from children under the age of sixteen (16) without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act. By using our Site, you represent that you are at least 16 years of age.
  11. WHAT INFORMATION WE COLLECT USING TECHNOLOGY.
  12. General Policy. When you use a Client Opt-Out link or visit our Website, we, and third-parties may store cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is used by us to provide services to our Clients.  However, you can choose not to allow certain types of cookies, which may impact your experience on our Website, but will not effect your ability to opt-out of receiving emails from a Client. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our Website and in some cases opt-out links.  
  13. Cookie Definition. A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. We use both session-based and persistent cookies on our Website. Session-based cookies exist only during a single session and disappear from your device or browser when you close your browser or turn off the device. Persistent cookies remain on your device after you close your browser or turn your device off. Through your browser or device you are able to change your cookie settings and preferences and control the use of cookies on your device, but choosing to disable cookies on your device may limit your ability to use some features on our Website.  More specifically, we use cookies and other tracking technologies for the following purposes:
  1. Strictly Necessary Cookies. These cookies are necessary for the Website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

  • Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Website. They help us to know which pages are the most and least popular and see how visitors move around the Website. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited, and will not be able to monitor our performance. 
  1. Tracking Cookies.  Tracking cookies are text files set by websites on a user’s browser to collect data about the user. They collect data such as clicks, shopping preferences, device specifications, location, and search history. Third-party tracking cookies are created by an external server via a piece of code loaded on the website you are browsing, are usually created by advertisers, data aggregators, and other websites, and are set through display ads, social media plugins, live-chat popups or web analytics tools used by a website. Third-party trackers (or cookies) can then be accessed by the third party that creates them and since they share information across websites, they are also known as cross-site cookies. Third-party tracking cookies are then used extensively for online advertising and retargeting. 

  • Analytic Cookies. We use various ad services provided by Google that connect the activity on our Website with their advertising network and they may use cookies that collect information regarding certain patterns in your browsing history. To opt-out of this tracking, please see https://support.google.com/ads/answer/2662922?hl=en. We also use Google Analytics which is an analysis service. Google utilizes the data collected through its cookies to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services. You may opt out of the Google Analytics service using Google’s Browser Add-on here https://tools.google.com/dlpage/gaoptout/.
  1. Tracking Technology to Collect Information.  We, our Clients, our service providers, and third-party vendors, may automatically collect certain types of usage information when you visit our Website, use our services, open our emails, or use our Client’s Opt-Out link.  We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”).  We use tracking technology to assist our Clients in their legal obligations of honoring your request to Opt-Out as well as their business practices in determining the publisher responsible for sending the email to enhance their contractual rights with that third party.  On our own behalf, we use tracking technology to provide services to our Clients, improve our link and Website functionality and improve our marketing. 

When you use an Opt-Out link provided by us or when visiting our Website we automatically Information about your device and its software, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser and our Client’s account, and other such information. We may also collaborate with third-party partners to employ technologies which permit us to recognize you across multiple devices.

When you access a Client’s link or Website, through a mobile device, we may collect unique identification numbers associated with your device, mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address. 

When you visit our Website, we may collect information about the website or link you accessed to get to our Website and your browsing experience on our Website.  This includes the pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the services from multiple devices, and other actions you take on our or our Client’s website. 

We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our users. You can learn more about Google’s practices at  https://policies.google.com/technologies/partner-Websites and view its opt-out options  at https://tools.google.com/dlpage/gaoptout 

 

  1. THE PURPOSES FOR WHICH WE COLLECT AND PROCESS PERSONAL INFORMATION.
  2. General Purposes. We may collect and process the Personal Information described in this policy for the following business purposes:
  3. To provide our services to our Clients in an efficient and secure method to allow recipients of their commercial email to submit Opt-Out requests and provide proof of the request and submit and opt-out to secure our Client’s legal obligations and automate distribution to approved third parties;
  4. As necessary for the performance of a contract or our legitimate interest to provide and administer our services and as necessary for the performance of a contract or our legitimate interest in managing the provision of our services to customers;

iii. As necessary to perform our legal obligations or our interest in protecting against misuse or abuse of our Website, links or services, pursuing legal remedies available to us and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes

  1. To market our Services by providing online content to our Clients and prospective Clients regarding our service offering and related information;
  2. To analyze, improve, operate, and maintain our Website, services, and systems, or develop new products, services, or marketing;
  3. To conduct our obligations and enforce our rights arising from any contracts entered into between you, us, our Clients, or other service providers, or third-parties, involving the services or products you have requested; 

vii To provide you and other users with customized content, targeted offers, and advertising on the Website, or across other websites, mobile applications, social media, or online services, or via direct mail, email, and/or events, news, programs, and other related and unrelated services and products that we believe may be of interest to you;

viii To determine the effectiveness of our marketing programs including the use of your data in an aggregated non-specific format for analytical and demographic purposes;

  1. We may use the information we collect from your mobile device to understand how users interact with us on their mobile devices;
  2. We may use demographic and preference information to allow advertising on our Website to be targeted to the users for whom they are most pertinent. This means users may see advertising that is most likely to interest them, and many advertisers send their messages to people who are most likely to be receptive, improving both the viewer’s experience and the effectiveness of the advertising.
  3. We may use your information to show relevant ads for our Service and measure the effectiveness and reach of ads. 
  4. Targeted Advertising.  We may use third-parties to measure and target advertisements on our behalf that are tailored to improve our marketing efforts. To facilitate these activities, we allow these third-parties to use cookies, web beacons, pixel tags, and similar technologies to collect certain data and other information about your online activity. We may display interest-based ads through social media platforms or third-party websites. These tools allow us to personalize our ads, without having to share your Personal Information with these social media platforms. For more information on how you can opt-out of interest-based advertising, please visit www.networkadvertising.org.
  5. Deidentification. Through the provision of our Services, we use technology that de-identifies information that cannot reasonably be used to infer information about, or otherwise be linked to, a particular consumer or household. We maintain and use the information in de-identified form and will not attempt to reidentify the information, except in instances where necessary for determining whether the de-identification process used by us satisfies the requirements under applicable law. This information is used to provide our marketing. We may also aggregate data for reporting, analytics, and other business reasons, including to promote or describe the use of our services.
  6. DISCLOSURE OF PERSONAL INFORMATION. We may disclose, share, and sell your Personal Information as described below:
  7. Disclosure to Third Parties. We disclose, share, and distribute your information if it is contained in an email suppression file as directed by our Client to all third-party mailers and other partners to centralize and monitor a complex process providing for the removal of your email from any third-party marketing email lists as requested by our Client. If a dispute arises, we may distribute all Personal Information we or our Client has collected about you to defend against or support any claims made. In the provision of marketing our services, we may provide your information, including your Personal Information, to service providers and clients, for a variety of marketing purposes. 
  8. Parent and Affiliated Companies. We may disclose and share your information with our parent company and its subsidiaries for business and operational purposes. 
  9. Customer Service and Communication Providers. We share Personal Information with third-parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.
  10. Service Providers. We disclose and share your information with service providers that we use to support our business and Website such as our analytics providers. 
  11. Sale or Transfer of Business or Assets. We may disclose, share, and sell your Personal Information as part of our sale of assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. If we file for bankruptcy or reorganization, information we have collected about you may be considered our asset and may be included in the assets transferred.
  12. Marketing Vendors and Other Third-parties. We may disclose, share, or sell our collected information to third-parties who provide display and/or email services or other third-party vendors we use who provide cookies, pixel tags, web beacons, clear GIFs, or other similar technologies for us and third-parties to manage and improve our advertising campaigns. 
  13. Compliance with Laws. We may disclose your Personal Information to comply with any court order, law, or legal process, including responding to any subpoenas, judicial processes, or government or regulatory requests and investigations. We may disclose and share your Personal Information to third-parties to assist us in compliance with Laws.
  14. Enforcing Our Rights. We may disclose and share your information to enforce or apply our terms of service or other agreements, including for billing and collection purposes, with Clients, third-party service providers, and other third-parties or contractors who provide you with the product or service which you have requested or to protect the security of our Website, servers, network systems, and databases and enforce our contractual rights with these parties.
  15. Aggregate or Anonymous Non-Personal Information. We may disclose, share, or sell aggregate, anonymous, or de-identified non-Personal Information to third-parties for their marketing or analytics uses.
  16. Legal Obligations and Rights. We may disclose Personal Information to third-parties, such as legal advisors and law enforcement in connection with the establishment, exercise, or defense of legal claims; to comply with laws or to respond to lawful requests and legal process; to protect our rights and property and the rights and property of others, including to enforce our agreements and policies; to detect, suppress, or prevent fraud; or as otherwise required by applicable law.
  17. YOUR CHOICES AND OPTING OUT.
  18. Cookies, Tracking Options, and California Do Not Track Disclosures. We, third-parties, and service providers may place cookies and tracking technology on parts of our Website. You may decline or adjust these technologies through your device or Internet browser settings to limit certain tracking or to decline cookies. Please note that by doing so, you may not be able to use certain features on our Website or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable cookies or to control your tracking preferences. Please note that our Website may not recognize “do not track” requests or headers from some or all browsers. Please read https://allaboutcookies.org/how-to-manage-cookies to learn how and when to adjust your cookie settings, as well as obtain a list of the best ad blockers and VPNs.
  19. Interest-Based Advertising. You have choices for receiving more relevant advertising on the Website or across other websites and online services, to learn more about these choices please see relevant articles at http://www.aboutads.info/choices/, http://www.networkadvertising.org/choices/, or for your mobile device, please see http://www.aboutads.info/appchoices. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout/. Your mobile device may also allow you to adjust your privacy and advertising settings to control advertising. Even if you opt-out, you still may receive advertising from us that is not customized based on your Service or usage information, or advertising from other third-parties.
  20. Opt-Out Preference Signal (Global Privacy Control). You may use an Opt-Out Preference Signal, such as the Global Privacy Control (“GPC”), to opt-out of the sale/sharing of your Personal Information. However, this technology and our use of it is not fully developed by the market. Our database containing your information may not be linked to your browser identification and because your request to opt-out of sale/sharing will be linked to your browser identifier only and not linked to any account or database information as the connection between your browser and our database is not known to us, we may not be able to fulfill this request. If you would like us to make the connection between your browser and your account within our database, please email us or submit the requested form through our Website portal below.
  21. Unsubscribing from Our Marketing Communications. We provide our customers, as well as individuals referred by our customers, with the opportunity to opt-out of having their information used for purposes not related to placement, processing, fulfillment, or delivery of a product or service. To opt-out of marketing communications or to request to be added to our Do Not Mail List, you may contact us through our Contact Information below. Any third-parties to whom we have disclosed, shared, or sold your information may have their own privacy policies which describe how they use and disclose your information and your choices. We encourage you to visit the websites of those third-parties.
  22. DATA SECURITY. We use reasonable industry-accepted technology and controls to protect your information and data from disclosure to unauthorized third-parties. This includes firewalls, secured facilities, and logged and limited access. Although mostly effective to prevent disclosure, no guarantee can be given that all information you provide to us will not be accessed by unauthorized persons. Thus, please note that no method of transmission over the Internet or method of electronic storage is 100% secure. Any transmission of information, communications, and data to us or through our Website is at your own risk.
  23. RETENTION POLICY. We retain your Personal Information for only as long as necessary to fulfill the purposes outlined in this Privacy Policy or pursuant to our written agreements with our Clients, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.
  24. CHANGES TO OUR PRIVACY POLICY. We reserve the right to amend this Privacy Policy including collection, use, sale, and sharing of your Personal Information. We do not provide notice of changes except through our posting on this page. We use your information only in the manner described in this Privacy Policy at the time you register your information with us. Please be sure to review this policy each time you communicate or register with us for the latest policy. Your continued use of the Website and/or Services after we post a change in the Privacy Policy means you accept those changes.
  25. 9. S. STATE PRIVACY DISCLOSURES.

(a) For residents of the States of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode island, Tennessee, Texas, Utah, and Virginia: These Additional U.S. State Privacy Disclosures (“State Disclosures”) supplement the information contained in our Privacy Notice by providing additional information about our data processing practices relating to individual residents of these States. All terms defined in our Privacy Policy Notice retain the same meaning in these U.S. Disclosures. For the purposes of these U.S. Disclosures, Personal Information does not include publicly available information or de-identified, aggregated, or anonymized information that is maintained in a form that is not capable of being associated with or linked to you. The Additional Disclosures set out in this Section do not describe our practices when we process Client Data as a service provider on behalf of our Clients in accordance with our contractual agreements.

(b)  State Privacy Rights. Depending on your state of residency, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law):

  • The Right to Know. The right to confirm whether we are processing personal data about you and, dependent upon the State of which you are resident to obtain certain personalized details about the personal data we have collected about you in the last 12 months, which may include:
    • The categories of personal data collected;
    • The categories of sources of the personal data;
    • The purposes for which the personal data were collected;
    • The categories of personal data disclosed to third-parties (if any), and the categories of recipients to whom the personal data was disclosed;
    • The categories of personal data shared for cross-context behavioral advertising purposes (if any), and the categories of recipients to whom the personal data were disclosed for those purposes; and
    • The categories of personal data sold (if any), and the categories of third-parties to whom the personal data were sold.
    • Delaware, Maryland, Minnesota and Oregon residents may obtain a list of third-Parties to which Personal Data was disclosed. 
  • The Right to Access and Portability. The right to obtain access to the personal data we have collected about you and, where required by law, the right to obtain a copy of the personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
  • The Right to Request Deletion. You have the right to request the deletion of Personal Information that we have collected from you, subject to certain exceptions.
  • The Right to Correction. You have the right to request that any inaccuracies in your Personal Information be corrected, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information.
  • The Right to Control Sensitive Information. You have the right to exercise control over our collection and processing of certain sensitive information.
  • Right to Control over Automated Decision-Making/Profiling. The right to direct us not to use automated decision-making or profiling for certain purposes.
  • The Right to Opt-Out of Sales or Sharing for Targeted Advertising. You have the right to direct us not to “sell” Personal Information we have collected about you to third-parties for monetary or other valuable consideration, or “share” your Personal Information to third-parties for cross-context behavioral advertising purposes.
  • Right to Appeal. In the event that we decline to take action on a request exercising one of your rights set forth above, you have the right to appeal our decision in the following states.
    • Colorado Residents: If your appeal is denied, you may contact the Colorado Attorney General to address your concerns here.
    • Connecticut Residents: If your appeal is denied, you may contact the Connecticut Attorney General to submit a complaint here.
    • Virginia Residents: If your appeal is denied, you may contact the Virginia Attorney General to submit a complaint here.
      1.  How to Exercise Your Privacy Rights. To submit a request to exercise one of the privacy rights identified above, please submit a request by:

(d) Response and Timing. Before processing your request, we will need to verify your identity and confirm you are a resident of a State providing the right you are requesting. In order to verify your identity, we will generally either require the successful authentication of your email, or the matching of sufficient information you provide us to the information we maintain about you in our system. We will process requests to opt-out of sales within 10 business days, subject to any applicable exceptions and extensions permitted by law. We will process all other privacy requests within 45 days, subject to any applicable exceptions and extensions permitted by law. In certain circumstances, we may decline a privacy rights request, particularly where you are not a resident of an applicable state, or where we are unable to verify your identity, or our retention of your information is compelled by law.

(e) Submitting Authorized Agent Requests. In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we require evidence of either: (i) a valid power of attorney; or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided and your state of residency, we may still need to separately reach out to you or the U.S. State Resident to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

(f) Appealing Privacy Rights Decisions. Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted using the applicable Individual Rights Request Form listed in the How to Exercise Your Privacy Rights section above.

(g) “Shine the Light.” The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of Personal Information (as defined in the Shine the Light law) with third-parties for their direct marketing purposes. To opt out of this type of sharing, please email us at privacy@nulloptizmo.com.