OCTaVIA PRIVACY POLICY
Version December 23, 2019
The New England School of Optometry has created this OCTaVIA Privacy Policy (this “Privacy Policy”) in order to inform you (“you”, “your”, or “yourself”) as a purchaser, licenser, and/or user of one or more products and/or services offered by OCTaVIA (including, without limitation, software applications for mobile devices) (collectively, the “Software”) of the circumstances under which we collect information and data from or about you. This Privacy Policy also serves to inform you about the circumstances under which we will release information about you to third parties. Please read this Privacy Policy carefully in order to ensure that you understand, agree to, and accept it in its entirety. This Privacy Policy may change from time to time, so please check back periodically to review it. By using or accessing the Software or purchasing, licensing, or using any products or services offered by OCTaVIA, you acknowledge that you understand, agree to, and accept, without limitation or qualification, all of the following terms and conditions of this Privacy Policy without modification:
- Types of Information Collected.
- Traffic Data Collected. OCTaVIA automatically gathers general statistical information about visitors to the Software download page and users of the Software. Accordingly, OCTaVIA may automatically track and collect certain technical information from you when you use the Software. This may include: (i) your IP address; (ii) your domain server; (iii) your type of computer or device; (iv) your type of browser; (v) the pages you viewed; and (vi) the products and services you purchased or licensed (collectively “Traffic Data”). Traffic Data is anonymous information which does not personally identify you, but which may be used for improving your experience using the Software. Traffic Data may be provided to third parties. OCTaVIA may also use “cookies” for specific purposes such as customizing content specific to your interests or storing your password so that you do not have to re-enter it each time you use the Software. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Preference and options configurations in your browser determine if, and how, a cookie will be accepted. You can change those configurations on your computer if you desire. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to re-enter your information more often and certain features of the Software may be unavailable.
- Personal Information Collected. In order for you to use the Software, to have an OCTaVIA account, to receive certain services, or to purchase, license, or use products or services that OCTaVIA offers or may offer in the future, OCTaVIA may require you to provide us with information that personally identifies you (“Personal Information”). Personal Information may include, without limitation: (i) contact data such as your name, mailing address, email address, and telephone number (“Contact Data”); (ii) financial data such as your account or credit card number (“Financial Data”); and (iii) demographic data such as your zip code (“Demographic Data”).
- Use of Information Collected. OCTaVIA uses Traffic Data to improve our marketing and promotional efforts, to analyze usage of the Software, to improve our content and product and service offerings, and to customize the Software’s content, layout, and services. We may also use Traffic Data to help diagnose problems with our server, to manage the Software, and to enhance the Software based on the usage pattern data we receive. OCTaVIA may use Contact Data to send you newsletters, online surveys, information about OCTaVIA and its products and services, and promotional material from some of our partners. We may also use your Personal Information to deliver information to you that, in some cases, is targeted to your interests, such as new products, services, and promotions. We may also ask you to voluntarily provide us with additional information regarding your personal or business interests, experience, or requests which we may use to customize our services for you. OCTaVIA may also use your Contact Data to contact you (via email, mail, telephone, or otherwise) when necessary or to advise you about OCTaVIA, our partners, events, your OCTaVIA account, new product and service offerings, and communications relevant to your use of the Software. OCTaVIA will use your Contact Data and your Financial Data to bill you for products and services that have been purchased or licensed by you. OCTaVIA may use your Demographic Data to customize and tailor your experience using the Software, displaying content that OCTaVIA thinks you might be interested in and according to your preferences. If you communicate with us by telephone, fax, mail, email, or otherwise communicate with us in any manner for any reason, or otherwise submit or post information or messages on the Software, or purchase, license, or use products or services offered by us, any Personal Information provided in such communications or related to such licenses, purchases, or use may be collected by us as Personal Information and you expressly consent to the use of your Personal Information in accordance with the terms of this Privacy Policy.
- Disclosure of Information to Third Parties. OCTaVIA respects your privacy and is committed to protecting it as set forth in this Privacy Policy. Except as otherwise provided in this Privacy Policy or any OCTaVIA EULA (as defined below), OCTaVIA will keep your Personal Information private and will not disclose it to third parties without your prior consent, unless we believe in good faith that such disclosure is reasonably necessary or appropriate: (a) to comply with a court order or other legal process; (b) in connection with any legal proceeding or prospective legal proceeding; (c) in order to establish, exercise, protect, or enforce the rights of OCTaVIA or others (including, without limitation, for purposes of fraud prevention); (d) to enforce OCTaVIA’s Terms of Use (as defined below) or the OCTaVIA EULA; or (e) to protect against imminent harm to the property or safety of OCTaVIA, our users, our customers, or the public. Notwithstanding anything in this Privacy Policy to the contrary, we may share Traffic Data and Demographic Data with advertisers and other third parties and may share your Contact Data and Financial Data with third parties for the purpose of executing financial transactions between you and OCTaVIA that have been authorized by you. Any Traffic Data and Demographic Data we share with advertisers and other third parties is not linked to any Personal Information and cannot identify any individual person. Furthermore, notwithstanding anything in this Privacy Policy to the contrary: (a) we may share your Personal Information (including, without limitation, your Contact Data and Financial Data) with our employees or third parties who have a need to know your Personal Information (including, without limitation, your Contact Data and Financial Data) in connection with providing you with the products and services purchased, licensed, or used by you from us, provided that such employees or third parties have agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information; and (b) in the event that OCTaVIA sells or is contemplating selling all or a portion of its business or assets in any manner whatsoever, OCTaVIA reserves the right to disclose and/or transfer your Personal Information (including, without limitation, your Contact Data and Financial Data) to the purchaser or prospective purchaser in connection with such acquisition, provided that such purchaser or prospective purchaser has agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information.
- Security of Personal Information. OCTaVIA employs reasonable and current technical and organizational security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of Personal Information. Your Personal Information is stored on secure servers that are kept in a physically secure environment. Furthermore, access to your Personal Information in our offices is restricted. Only employees or third parties who have a need to know your Personal Information in connection with providing you with the products and services purchased, licensed, or used by you from us are granted access to your Personal Information, provided that such employees or third parties have agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information. Your OCTaVIA membership account is password protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. Remember to sign out of your account and to close your browser window when you have finished your session. This is to help ensure that others cannot access your Personal Information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it. Despite our commitment to protecting the privacy of your Personal Information, no data transmission over the Internet, wireless network, or otherwise can be guaranteed to be perfectly secure. As a result, we cannot guaranty the security of any Personal Information you transmit to us and you do so at your own risk.
- Deletion/Disposal of Personal Information. We may delete or otherwise dispose of any or all of your Personal Information, whether stored electronically or in paper form, at any time without notice. In the event that we do so, we will delete or dispose of your Personal Information in a manner that employs reasonable and current technical and organizational security methods to prevent any unauthorized access to your Personal Information.
- User Choice Regarding Collection of Personal Information. You may choose not to provide us with any Personal Information. However, you will not be able to access and use those portions of the Software that require your Personal Information. If you do not wish to receive information and promotional materials from us, you may select the appropriate “opt-out” option each time we ask you for Personal Information or by contacting the New England College of Optometry to “opt-out” at any time.
- User Ability to Access, Update, and Correct Personal Information. In order to ensure that all of your Personal Information is correct and up to date, at any time you may visit your personal profile by accessing your account through the Software. Through your personal profile you may review and update your Personal Information that we have already collected.
- Data Collection from Children. OCTaVIA does not knowingly collect any Personal Information from children under 18 years of age, as the Software is not directed to persons under such age. If a parent or guardian becomes aware that his or her child under 18 years of age has provided us with Personal Information, he or she should contact The New England College of Optometry. If we become aware that a child under 18 years of age has provided us with Personal Information, we will delete or dispose of such Personal Information in a manner that employs reasonable and current technical and organizational security methods to prevent any unauthorized access to such Personal Information.
- Other Limits to Your Privacy. OCTaVIA may also make chat rooms, blogs, forums, message boards, news groups, listservs, email lists, and the like available to you. Please understand that any information that is disclosed in these areas becomes public information and OCTaVIA has no control over its use or privacy.
- Changes to Privacy Policy. OCTaVIA reserves the right, at any time and without notice, to change, modify, add to, or delete portions of this Privacy Policy, simply by posting such change to this Privacy Policy on the Software. Any such change will be effective immediately upon posting on the Software. It is your responsibility to regularly check the Software to determine if there have been changes to this Privacy Policy and to review such changes. If we make any changes to this Privacy Policy, we will indicate at the top of this Privacy Policy the date this Privacy Policy was last revised. Your continued use of the Software or your purchase, license, or continued use of any products or services offered by OCTaVIA after any such changes constitutes your acceptance of the new Privacy Policy. If you do not agree to and accept, without limitation or qualification, all of the terms and conditions of this Privacy Policy or any future Privacy Policy without modification, do not use or access (or continue to use or access) the Software or purchase, license, or use (or continue to purchase, license, or use) any products or services offered by OCTaVIA.
- Questions; Contact Information. If you have any questions or concerns about this Privacy Policy, the Software, or your dealings with the Software, please contact the New England College of Optometry.
- Terms of Use; OCTaVIA EULA; Other Agreements. Please also make sure to read the Terms of Use for the Software (the “Terms of Use”), the End User License Agreement provided by OCTaVIA that govern your purchase, license, and/or use of the Software (the “OCTaVIA EULA”), and any other agreements or terms and conditions provided by OCTaVIA to govern your purchase, license, and/or use of any other products or services offered by OCTaVIA (the “Other Agreements”). This Privacy Policy is subject to all of the terms and conditions set forth in the Terms of Use, OCTaVIA EULA, and Other Agreements applicable to you, and does not replace or limit them in anyway. In the event of any conflict between this Privacy Policy and the Terms of Use, OCTaVIA EULA, or Other Agreements applicable to you, the Terms of Use, OCTaVIA EULA, or Other Agreements applicable to you will control.