Privacy Notice
Last updated: October 9, 2024
This Privacy Notice describes how Opti.ai, Inc. (together with its affiliated companies - "Opti", "we", or "us") collects, stores, uses and discloses personal data when you interact with us, including when you visit or interact with our website , participate in any of our events, interact with any of our online ads and content, emails, sales and marketing channels, integrations or communications under our control (collectively, “Commercial Engagements”) or use our machine learning solution (“Platform”), collectively the “Services”.
Personal data that we collect, process and manage on behalf of our business customers (“Business Customers”) through the Platform, as part of the Opti services and products described in one or more applicable order forms (“Customer Data”) is not covered by this Privacy Notice. The processing by Opti of Customer Data is covered by the commercial agreements, including our Data Processing Addendum, that Opti has with the respective Business Customer. To learn about the privacy practices of our customers, please contact them directly.
Please review this Privacy Notice carefully, and please use the information herein to make informed choices. If you have any concerns or questions about our privacy practices, please feel free to contact us. By accessing the website, registering for the Platform, any other Commercial Engagement or interaction with our Services, you are agreeing to all of the terms set forth in this Privacy Notice.
If you do not agree to this Privacy Notice, please do not interact with us, or give us any information.
Our Services are designed for businesses and are not intended for personal or household use. Accordingly, we treat all personal data covered by this Privacy Notice, including information about any visitors to our website, as pertaining to individuals acting as Business Representatives (as defined below), rather than in their personal capacity.
You are not legally required to provide us with any personal data. If you do not wish to provide us with your personal data, or to have it processed by us or any of our service providers, please do not provide it to us and avoid any interaction with us or with any of our Services.
Specifically, this Privacy Notice describes our practices regarding:
1. Data Collection & Processing
When we use the term “personal data” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
We collect the following categories of personal data, when you interact with Opti’s Commercial Engagements with respect to the following types of data subjects:
- Business Representatives’ Data: personal data concerning our Business Customers’ internal focal persons who directly engage with Opti concerning their organization’s account, e.g., the account administrators, billing contacts and authorized signatories on behalf of the Business Customer (“Business Representatives”).
- Prospect Data: personal data relating to visitors of our website, participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits, purchases, or otherwise interacts with our Commercial Engagements. We may collect the following data about Business Representatives and Prospects: Contact and business details: name, business email, business phone number, position, workplace and professional information, and related business insights, our communications with such individuals (correspondences, sensory information including call and video recordings, and transcriptions and analyses thereof), feedback and testimonials received, contractual and billing details, as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement, purchasing details, commercial information, including records of our products or services purchased, obtained, or considered, records.Connectivity, technical and aggregated usage data: IP addresses, device data (like type, OS, device ID, browser version, locale and language settings used), activity logs, session recordings, inferred or presumed data generated from Commercial Engagements, other internet or electronic network activity information and other device or browser information. We also infer our Business Customers’ needs and preferences, as identified to us or recognized through our engagement with Business Representatives and Prospects.
We collect the following categories of personal data, when you interact with Opti’s Platform with respect to the following types of data subjects:
- User Data:: personal data that we collect and process from individuals using our Platform (“Users”):
We may collect the following data about Users: Technical and usage data, login credentials passwords or other authentication credentials, user profiles and settings, activity logs, session recordings, the cookies and pixels installed or utilized and recorded activity (sessions, clicks, use of features, logged activities and other interactions), and inferred or presumed technical and usage data generated from use of the Platform;
For the purposes of the California Consumer Privacy Act ("CCPA"), in the last 12 months, we have collected the following categories of Personal Information, as defined in the CCPA: Identifiers; Internet or other electronic network activity information; Professional or employment-related information; Geolocation Data and Inferences.
We have collected such Personal Information from the following sources:
- Automatically, when you visit the website or use the Platform;
- Directly from Business Customers, Business Representatives and Prospects;
- Through our service providers.
2. Data Uses & Lawful Bases for Processing
We use your personal data as necessary for the following business and commercial purposes and in reliance on the lawful bases detailed in the chart below:
Prospects, Business Representatives, and User Data
Purpose | Lawful basis for processing |
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To facilitate, operate and provide our Services. |
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To monitor, study and analyze use of the Services. |
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To gain a better understanding on how individuals use and interact with our Services, and how we could improve their and others’ experience and continue improving our offerings and the overall performance of our Services. |
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To provide customer service and technical support. |
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To support and enhance our data security measures, including for purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity. |
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To comply with court orders and warrants, and prevent misuse of the Services, and to take any action in any related legal dispute and proceeding. |
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To comply with applicable laws and regulations. |
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To contact you with general or personalized Service-related messages, as well as promotional messages that may be of specific interest to you. |
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To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. |
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To explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences. |
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To facilitate, sponsor and offer certain events, contests and promotions. |
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To create aggregated data, inferred non-personal data or anonymized or pseudonymized data (de-identified data), which we or our business partners may use to provide and improve our respective services, conduct research, or for any other purpose. |
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If you reside or are using the Services in a territory governed by privacy laws under which “Consent” is the only or most appropriate lawful basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the Services, or due to nature of such processing), your continued interaction with our Services means that you have had the opportunity to read and that you accept this Privacy Notice and will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Notice, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at privacy@opti.ai.
3. Data Storage and Transfer
We and our authorized service providers (further detailed below) maintain, store and process personal data in the United States of America and Israel, as well as and other locations, - in which Opti, its subsidiaries, affiliates or service providers operate - as reasonably necessary for the proper performance and delivery of our Services, for our internal business purposes in the locations where Opti resides, or as may be required by law.
While privacy laws may vary between jurisdictions, Opti is committed to protecting personal data in accordance with this Privacy Notice and customary industry standards, including using appropriate lawful transfer mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.
Opti is headquartered in the United States, with a subsidiary in Israel. For data transfers from the EEA, Switzerland or UK to countries that are not considered to be offering an adequate level of data protection, we have entered, as appropriate, into EEA or Swiss Standard Contractual Clauses, or International Data Transfer Agreements/Addendums, as approved by the authorized regulatory bodies. You can request to obtain a copy by contacting us as indicated in Section 11 below.
4. How Long We Retain Your Personal Data
We retain personal data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e., as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship), all in accordance with our data retention policy and applicable laws.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete or anonymize it for any reason and at any time, with or without notice to you.
If you have any questions about our data retention policy, please contact us by e-mail at privacy@opti.ai.
6. Cookies, Data Collection Technologies and Do Not Track
A cookie is a text file placed on your hard drive and stored by your browser.
Cookies, log files and similar tracking technologies are used to improve the user experience, analyze our performance and marketing activities, personalize your experience, improve and maintain the safety and functionality of the Services and to collect statistical or anonymous data about how you and other users use and interact with the Services.
The type of information collected may include (but is not limited to) internet protocol (IP) addresses, MAC address, device type, browser type, operating system type, Internet Service Provider (ISP), date/time stamp of Services used and user interface interactions.
Please note though that if you do block or restrict tracking technologies on your device, you will still be able to use the Services, but various features and functionality of the Services may be impaired.
Certain web browsers may transmit “Do Not Track” signals to websites with which the browser communicates. However, due to differences in how web browsers interpret this feature and send those signals, and lack of standardization, we do not change our practices in response to such “Do Not Track” signals. However, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or to block or remove cookies altogether.
Please note: If you visit us from a different device or browser, or clear cookies, then you need to re-block or restrict tracking technologies on your device based on your preferences.
7. Communications
We engage in service and promotional communications, through e-mail, phone, SMS and notifications.
Service Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use of some of our Services (like password resets or billing notices).
Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, subject to any necessary collection of your consent as appropriate based on applicable laws. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify us at any time by sending an e-mail to: privacy@opti.ai or by following the instructions contained in the promotional communications you receive.
8. Data Security
We have implemented industry-standard physical, administrative and technical security measures, designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. If there is any unexpected activity or inaccurate information or if you have reason to believe that your information is no longer secure, or if you have any questions about our security, please contact us by e-mail at privacy@opti.ai.
9. Your Data Subject Rights
Under certain laws, including the EU or UK General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), individuals have rights regarding their personal data. These rights include – each to the extent applicable to you – the right to request information concerning or request access to your personal data, or to request its correction, portability or erasure. You may also have the right to restrict or object to the processing of your personal data, the right to direct us not to sell or share your personal data to third parties now or in the future, or the right to equal services and prices (e.g. freedom from discrimination) Under some regulatory frameworks you may also have the right to lodge a complaint with the relevant supervisory authority.
We will not charge a fee to process or respond to your verifiable privacy 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. Alternatively, we may refuse to comply with your request in such circumstances.
To the extent applicable to you, you may also designate an authorized agent, in writing or through a power of attorney, to request to exercise your privacy rights on your behalf. The authorized agent may submit a request to exercise these rights by emailing us.
Please note that when you or an authorized agent ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us with certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data regarding which you request to exercise your rights. Such additional data may be then retained by us for legal, compliance and auditing purposes (e.g., as proof of the identity of the person submitting the request or proof of request fulfillment). We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the individual about whom we collected the personal data.
We may redact from the data that we will make available to the requesting data subject any personal data related to others.
Please also note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers. We will provide details of our reasoning to you in our correspondence on the matter.
Each right may be executed to the extent available to you under the laws which apply to you and is subject to various exclusions and exceptions under applicable laws. Please contact us by e-mail at: privacy@opti.ai if you wish to exercise your privacy rights.
If you would like to make any requests or queries regarding personal data that we process on our Business Customers’ behalf, please contact the customer or the administrator of such customer’s account directly (see Section 10 below for further information). Note that if you do contact us in this regard, we may share your communications with the relevant Business Customer and its Business Representatives; and that we may also share the contact details of the Business Representative with individuals who sent us such a request or query relating to that representative’s relevant Business Customer.
10. Data Controller/Processor
Certain data protection laws and regulations, such as the EU GDPR, UK GDPR, and CCPA, typically distinguish between two main roles for parties processing personal data: the “data controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “data processor” (or under the CCPA, “service provider”), who processes the data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Opti is the “data controller” of Prospects’ Data, Business Representatives’ Data and Users’ Data as they are defined and explained in this Notice. With respect to such personal data, we assume the responsibilities of data controller (to the extent applicable under law), as set forth in this Privacy Notice. In such instances, our service providers processing such data will assume the role of “data processor”.
Opti is the “data processor” of Customer Data, which we process on behalf of our Business Customers. In such instances, our service providers who process Customer Data are “sub-processors” of such data. Accordingly, Opti processes Customer Data strictly in accordance with the respective Business Customer’s reasonable instructions and as further stipulated in our Data Processing Addendum and other commercial agreements with the Business Customer.
11. Additional Notices & Contact Details
Updates and Amendments: We may update and amend this Privacy Notice from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. We will provide prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you. In the event consent is required based on where you reside, you will be asked to consent prior to being allowed to access our Services subsequent to a Privacy Notice update/amendment.
External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Notice applies only to our Services.
Children: Our Commercial Engagements are not designed to attract minors. We do not knowingly collect personal data from minors and do not wish to do so. If you believe that we might have any such data, please contact us by e-mail at privacy@opti.ai.
Contacting Us: If you have any comments or questions regarding our Privacy Notice, or if you have any concerns regarding your personal data held with us, please contact Opti’s privacy team at privacy@opti.ai.