INTRODUCTION

OCTUM USA Inc., along with its affiliates and subsidiaries (“OCTUM USA,” “we,” “us,” and “our”) is committed to maintaining the privacy and security of your personal information. This Privacy Policy (“Policy”) sets forth how we collect, use, disclose, and otherwise process the personal information we collect in the course of providing our products and services (the “Services”) which includes when you visit our website, www.octum-usa.com, or any other site that posts this Policy (the “Website”), or otherwise interact with us directly or indirectly. This Policy does not apply to personal information collected about job applicants or employees. 

INFORMATION COLLECTION

In this Policy, “personal information” or “personal data” refers to any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. The personal information we collect about you depends on your relationship with us. We collect personal information directly from individuals, from third parties that provide your information with your authorization or otherwise on your behalf, or from other sources such as social media or public databases. The personal information we collect includes the following:

1. Contact details such as name, email address, phone number, and address

2. Professional information such as employer, job title, business contact information, 

3. Commercial information such as samples, products or services purchased, obtained, or considered

4. Payment and billing information

5. Inferences drawn from any of the information listed above to create a profile about you reflecting your preferences, characteristics, behavior, and attitudes

    

We may also collect personal information automatically using various tracking technologies on our Website. The information collected by these tracking technologies may include IP address and geolocation information as well as information about your device and web browser. See further information in the section below called “Cookies & Tracking Technologies.”

By submitting or otherwise providing us with any personal information about another individual, you represent and warrant that you have provided all notices and obtained all permissions, consents, and authorizations necessary under applicable law to disclose that individual’s personal information to us and to permit our collection, use, and disclosure of such information as described in this Policy. 

COOKIES & TRACKING TECHNOLOGIES

We, along with our third party partners and service providers (such as analytics and advertising networks), use first-party and third-party cookies and similar technologies such as tracking pixels, web beacons, and software development kits (referred to collectively herein as “cookies” or “tracking technologies”) to collect information about your use of the Website and how you interact with emails we send. The information collected by these tracking technologies may include IP address, geolocation data, browser and device characteristics, operating system, language preferences, referring URLs, information about how and when you use the Website, and other technical details. We may use some or all of the following types of cookies:

• Strictly Necessary cookies. These are cookies that are required for the operation of the Website. They cannot be turned off in our systems.
• Functional cookies. These cookies provide enhanced functionality and personalization. If you do not allow these cookies, some features of the Website may not function properly.
• Performance and analytics cookies. These cookies may be set by us or by third party partners to 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 site.
• Targeting and advertising cookies. These cookies may be set by us or by our third-party advertising partners. They are used to track your online activity and deliver personalized advertisements. They may be used by third parties to build a profile of your interests and show you relevant ads on other sites. They may make advertising more relevant to you, limit how often you see an ad, and help measure the effectiveness of advertising campaigns, including across devices and over time.

We use Google Analytics, among other third parties, to collect information such as the number of visitors to a site, the webpage that referred visitors to a site, and the pages visitors view within a site. You can opt-out of Google Analytics by downloading Google’s Opt-Out Browser Add-on. 

We also use Google Ads, including remarketing and conversion tracking features, to advertise our products and services across the internet. When you visit our website, Google may place cookies or read existing cookies on your browser to collect information about your browsing activity. Third-party vendors, including Google, use this information to show our ads on sites across the internet. Google and other third-party vendors use cookies and device identifiers to serve ads to you based on your past visits to our website. You may opt out of personalized advertising by Google by visiting Google’s Ads Settings at https://adssettings.google.com. On mobile devices, you may adjust your device’s advertising identifier settings to limit ad tracking. 

Some internet browsers have “Do Not Track” or “DNT” features which, when turned on, send a signal to the website that the individual visiting the website does not wish to be tracked. Our Website does not honor DNT signals. However, you can control your cookie preferences in the settings of your Internet browser. Please note that if you block or reject cookies and similar technologies on our Sites, functionality of the Sites may be limited. Depending on your jurisdiction of residence, you may also have the right to opt-out of targeted advertising; see further discussion below under the section titled “Privacy Rights Based on Residency.”

INFORMATION USE

Depending on how you interact with us and the Services, we may use your personal information to:

• Provide and Improve Products and Services. Provide, activate, operate, maintain, develop, enhance, improve, and manage our Services, monitor and analyze trends, usage, and activities, and perform services requested by you.

• Respond to You. Provide technical, product, and other support and respond to your requests, inquiries, comments, concerns, and provide customer support. We may record and process communications for training, quality assurance, and administrative purposes. 

• Service Communications. Notify you about changes, updates and other announcements related to our Services and send you technical notices, updates, security alerts, support messages, and other transactional or relationship messages.

• Personalize Your Experience. Customize our product offerings and present you with tailored content, and otherwise personalize your experience while using our Services.

• Safety and Security. For safety and security, including to detect and protect against fraud or illegal activities, security incidents, and harm to rights, property or safety of our users or others.

• Advertising and Marketing. Provide you with advertising, promotional messages, and other information about our products and services.

• Research and Development. Conduct research and development, compile analytics, conduct industry and market research, develop and improve products and services, and other purposes consistent with our legitimate business needs.

We may also use your personal information:

• to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;

• to protect our, your, or others’ rights, privacy, safety or property, including by making and defending legal claims;

• to prevent potentially prohibited or illegal activities;

• to audit our internal processes for compliance with legal and contractual requirements and internal policies;

• to complete a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy;

• to enforce the terms and conditions that govern the Website;

• to prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft;

• as otherwise described to you at the point of collection; or 

• otherwise with your consent.

We may also combine or aggregate personal information or anonymize it in such a way that you may not reasonably be re-identified and may use such anonymized information for any purpose permitted by law. In such case, we commit not to attempt to reidentify the information. 

INFORMATION DISCLOSURE

We may share your personal information with third parties as described below.

• Disclosures to our Vendors and Service Providers. To assist us in providing our Services, we may share personal information with vendors or service providers, such as those providing site hosting, business analytics, advertising, and professional services. 

• Disclosures to Analytics and Advertising Partners. We do not “sell” personal information as that term is traditionally defined, but our use of certain third-party analytics and advertising providers and social media companies may constitute a “sale” or “sharing of personal information for cross-context behavioral advertising” or “targeted advertising” as those terms are defined under certain privacy laws. The personal information disclosed in this manner may include, for example, device identifiers, IP address, and browsing and purchase history. These partners use this information to provide us with analytics and digital advertising services and may also use it for their own purposes. See further discussion below in the section titled “Privacy Rights Based on Residency.”

• Disclosures to Affiliates. We may share personal information with affiliated companies.

• Business Transfers. If we are involved in a merger, acquisition, or other corporate transaction, we may share your personal information during the diligence process with counterparties and others assisting with the transaction, as well as with a successor as part of such a transaction. We may also share your personal information pursuant to a financing arrangement or event of bankruptcy.

• Legal Requirements. We may also share personal information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to cooperate with law enforcement, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users or the public, or (v) protect against legal liability.

• Consent. We may also share your personal information with other third parties pursuant to your consent to do so. 

DATA SECURITY

We maintain reasonable organizational, technical, and administrative measures designed to protect personal information against unauthorized or illegal access, destruction, use, loss, modification, or disclosure. We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of personal information, however, no data transmission or storage system is guaranteed to be 100% secure in all circumstances.

DATA RETENTION

We retain the personal information described in this Policy for as long as needed to satisfy the purpose for which it was originally collected or for which there is a legitimate business purpose. We determine the retention period for each category of personal information based on: (i) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (ii) any legal or regulatory requirements applicable to such information, (iii) internal operational needs, and (iv) the need for the information based on any actual or anticipated investigation or litigation. We may also maintain for an indefinite period of time certain personal information that has been de-identified. This information is no longer considered personal information and we commit not to attempt to reidentify such information.

INTERNATIONAL USERS

We operate in the United States. By using the Services, you acknowledge and agree that your personal information may be transferred, stored, and/or processed by us or our service providers in a country other than your country of residence, including but not limited to the United States, where laws regarding processing of personal information may be less stringent than the laws of your country of residence and personal data may be it may be accessed by courts, law enforcement, and national‑security authorities in accordance with U.S. law. 

CHILDREN’S PRIVACY

Our Services are not intended for children under 18 years of age. We do not knowingly collect any personal information from or about children under the age of 18, nor do we knowingly disclose personal information of children under 18 to third parties for valuable consideration or for cross-context behavioral advertising. If we learn we have collected or received personal information from a child under 18, we will make reasonable efforts to delete that information. If you believe we might have any information from or about a child under 18 and you would like us to delete it, please contact us.

LINKS TO OTHER WEBSITES

For practical reasons and for your information, our Website may contain links to other websites, such as links to our pages on social media sites. We exercise no control over such other websites and we are not responsible for the content thereon. This Policy does not apply to third party websites, and we recommend that you review the online privacy policy of any website you visit to determine how the operator handles personal information collected through its website.

You can recognize external links either by the fact that they are displayed in a color which is slightly different from the rest of the text or that they are underlined. Your cursor will show you external links when you move it over such a link. Only when you click on an external link will your personal data be transferred to the destination of the link. The operator of the other website will then receive your IP address, the time at which you clicked on the link, the website you were on when you clicked on the link, and other information that you can find in the respective provider’s privacy notice.

COMMUNICATION PREFERENCES

You may opt-out of receiving promotional or marketing emails from us at any time by using the “unsubscribe” link in the email you receive or otherwise contacting us using the contact information listed below. Please note we may continue to send you other non-marketing communications related to your relationship with us.

PRIVACY RIGHTS BASED ON RESIDENCY

Depending on your jurisdiction of residence (e.g., Alabama, California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia) and your relationship with us, you may have some or all of the privacy rights listed below with respect to the personal information we maintain about you. Please note that these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law. 

• Right to Confirm / Access / Know. You may have the right to request access to and obtain copies of personal information that we hold about you, including details relating to the ways in which we collect, use, and share your information. You may also have the right to obtain a list of the categories of third parties to which we have disclosed or sold personal information. Residents of California have the right to know the categories of personal information we have collected about them, the categories of sources from which the personal information is collected, the categories of personal information sold, shared, or disclosed, the business or commercial purpose for selling, sharing, or disclosing the personal information, and the categories of third parties to whom we have sold, shared, or disclosed their personal information. California’s “Shine the Light” law also permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

• Right of Portability. You may have the right to receive a copy of the personal information we hold about you in a portable format and to request that we transfer it to a third party.

• Right to Delete. You may have the right to request that we delete personal information we maintain about you.

• Right to Correct. You may have the right to request that we correct inaccurate personal information we maintain about you.

• Right to Withdraw Consent. You may have the right to withdraw your consent to the processing of your personal information.

• Right to Opt-Out. You may have the right to opt-out of certain uses of your personal information such as for (i) targeted advertising, (ii) “sale” or “sharing” for cross-context behavioral advertising, or (iii) profiling or automated decision-making activities that result in a legal or similarly significant effect on you. We do not engage in (iii), but you can opt-out of uses (i) and (ii) by adjusting your cookies settings to reject performance and targeting cookies using your browser’s cookie settings or the “cookie settings” link in our website footer. Additionally, if you visit our Website with the Global Privacy Control opt-out preference signal enabled, where required by law, that signal will be treated as a request to opt-out of “sale,” “sharing,” and targeted advertising. Please note your request may apply only to the browser from which you submit the request. Learn more about the Global Privacy Control signal here. 

• Right to Appeal. You may have the right to appeal our decision if we decline to process your request in part or in full. You can do so by replying directly to our denial. If you are not satisfied with our response to your appeal, you may contact your state Attorney General.

Requests to exercise these rights may be made using the contact information listed at the end of this Policy or as otherwise set forth in this section. Only you, or as permitted by law, a person that you authorize to act on your behalf, may make a request related to your personal information. For certain requests, we must verify your request before we can fulfill it. Verifying your request will require you to provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or that the requestor is authorized to act on your behalf. We will not discriminate against you for exercising your privacy rights.

ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS

This section provides additional disclosures for residents of California, as required by the California Consumer Privacy Act, as amended by the California Privacy Rights Act (the “CCPA”). Please remember that the information we collect varies based on our relationship with you and note that certain personal information or activities may not be reflected in this section because they are exempt from the CCPA.

CCPA Categories of Personal Information We Collect and How We Collect Them

We collect the following categories of personal information about California consumers. This information may be, or have been, collected directly from you, automatically when you use our Services, through third parties, or from publicly available sources.

• Identifiers, including real name, alias, postal address, IP address, email address, or other similar identifiers.

• Personal Information described in Cal. Civ. Code § 1798.80(e), including name, address, telephone number, credit card number, debit card number, or other financial information.

• Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

• Internet or other electronic network activity information, including internet or other similar activity, browsing history, search history, or information about a consumer’s interaction with our Website.

• Geolocation data, including location data inferred from device or IP address.

• Audio, electronic, visual, thermal, olfactory, or similar information, including photos or videos, or audio recordings of customer calls or support calls.

• Professional or employment-related information, including business contact information.

Use and Disclosure of CCPA Categories of Personal Information

We use the personal information we collect for the business and commercial purposes described in the “Information Use” section above. We also disclose the personal information we collect as described in the “Information Disclosure” section above. 

CCPA Categories of Personal Information Sold or Shared

Under the CCPA, a “sale” of personal information does not necessarily involve an exchange of money. Instead, a sale also includes disclosures of personal information to third parties who may use the information for their own purposes, such as analytics and advertising partners. Similarly, under California law, “sharing” personal information refers to disclosing personal information to third parties for cross-context behavioral advertising. Per these definitions, we may sell and share the following categories of personal information to third party analytics and advertising partners:

• Identifiers

• Commercial information

• Internet or other electronic network activity information

• Geolocation data

Privacy Rights for California Residents Relating to Your Personal Information

Please refer to the “Privacy Rights Based on Residency” section above for information regarding the rights you have with respect to your personal information and how to exercise them. 

CHANGES TO THIS POLICY

We may update this Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. If we make updates, we will post the updated version on this page and indicate the date the Policy was last updated. We encourage you to review this page from time to time to check for updates. By using the Services after changes to the Policy have occurred, you are deemed to have accepted such changes. 

CONTACT INFORMATION 

If you have questions or concerns regarding this Policy or wish to exercise your privacy rights, please contact us at:

OCTUM USA Inc.
14045 South Lakes Drive
Charlotte, NC 28273
USA

+1 (980) 431-9540
info@octum-usa.com