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Effective Date: April 25, 2019

Opkix Inc., owns and operates the Opkix Vision Feedback website (Vision.Opkix.com), the web-based test participation portal known as “Opkix Feedback Portal”.  We use Opkix Feedback Portal to collect, organize, and announce a wide variety of opportunities to participate in alpha, beta, and field tests (collectively, “Customer Validation Tests”) of Opkix products and services. We also use Opkix Feedback Portal to register and collect information about account holders (“Opkix Vision Community Members”) interested in participating in Customer Validation Tests. Further, Opkix partners with the third party “Centercode” (www.centercode.com) in a co-branded relationship, where co-branded web pages are used as the underlying software to support Customer Validation Tests. These web pages may be designed to look and feel just like Opkix.com, but are actually hosted on a different domain. When we enter into co-branded partnerships, we may at times share your name and email address in order for Opkix to communicate with you about Opkix related Customer Validation Tests.  Information collected on third party co-branded webpages may not be covered under our Privacy Policy. All information collected on third party co-branded websites is owned and controlled by that website’s privacy policy. Please be sure to read the privacy policy of Centercode at www.centercode.com/privacy.

Finally, the Opkix Feedback Portal Privacy Policy is independent from the general Opkix website (www.Opkix.com).  All information collected on Opkix.com websites is owned and controlled by that website’s privacy policy. Please be sure to read the privacy policy of Opkix at www.Opkix.com/privacy

 

IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SERVICES. We will post any modifications or changes to the Privacy Policy on the Opkix Feedback Portal website. We reserve the right to modify this Privacy Policy at any time, so we encourage you to review it frequently. If we make a material change to this Privacy Policy, we will notify you by email or by means of a notice on the Opkix Feedback Portal website prior to the changes taking effect. Your continued use of the Services signifies your acceptance of our Privacy Policy as modified.

 

1. Opkix International Compliance

We may store your information in the United States and in other locations outside of the European Economic Area. Any transfer of your data to the United States or another location outside the European Economic Area will be in compliance with applicable European data protection laws and in respect of transfers to the United States comply with the E.U. – U.S. and Swiss – U.S. Privacy Shield Framework, details of which are set out in Section 10 below.

 

2. Scope of This Privacy Policy

This policy describes our privacy practices in relation to information that we collect (i) through Vision.Opkix.com, the Opkix Feedback web-based portal and (ii) from testers participating in Customer Validation Trials.   

 

3. The Data We Collect or Process and How

We Collect It

In order to enable your use of the Opkix Feedback Portal and for other purposes described in this privacy policy, we receive and collect (directly or through our third-party service providers) certain information from you, including Personal Data and User Content. For purposes of this privacy policy: (i) “Personal Data” means any information that identifies you as an individual or that relates to an identified or identifiable individual (e.g., name, email address, phone number, location data, mailing address, etc.); and (ii) “User Content” means any data or materials, including files, text, images, video, and other content you post or upload to the Opkix Feedback Portal, which may include Personal Data. If you submit any Personal Data or User Content to us, you represent that you have authority to provide us with that Personal Data or User Content and that we have all necessary authorization to use this information in accordance with this privacy policy, even if the information relates to other individuals or entities. You are solely responsible for the contents of the data that you provide to us.

a. Information You Provide as a Visitor to the Opkix Feedback Portal Sites or Offline
When you request more information or otherwise contact us through the Opkix Feedback Portal Sites or offline (e.g., when you email or call us), we collect Personal Data, such as your name, address, telephone number, email address, and other Personal Data, User Content, and information that you voluntarily provide to us. We also collect the time, date, and location of the form you submitted.

b. Information You Provide as a Opkix Feedback Portal Community Member

If you create an Opkix Feedback Portal Community Member account, we require you to provide Personal Data, including your first and last name, email address, username and password, time zone, country, date of birth, and similar basic Opkix Feedback Portal Community Member account creation information. In addition, to complete your Opkix Feedback Portal Community Member profile, we ask for other Personal Data such as your address, phone number, gender, languages spoken, activities performed, and similar data. We also require you to provide details regarding your experiences with technology and alpha, beta, and/or field testing, the amount of time you have available to participate in a test, and details regarding any products or services you own which may relate to products or services that may be available for testing (e.g., personal computers, cell phones, and other devices). Not all information is required in order to complete the registration and Opkix Feedback Portal Community Member profile process, but supplying the additional data can increase the number of test opportunities available to you. After you register and complete your member profile, we also may ask you to complete voluntary surveys where we ask you to provide more details (including additional Personal Data), about your interest in and qualifications for tests being conducted or considered by the Opkix Team.  If you do not wish to provide required information, you should not become an Opkix Feedback Portal Community Member. If you do not wish to provide any optional additional requested information, you should not do so.

 

c. Information We Automatically Collect

When you use Opkix’s Services that connect to the Internet, including, but not limited to, when you access the Services via Opkix devices, applications (web, mobile, desktop software, connected TV and games console), your Opkix account, and our web sites and web store, we may collect certain information as described below for such purposes as improvement of our products and software services, troubleshooting bugs, providing the Services, managing the Services, security and monitoring purposes, tracking and analyzing usage, providing content for referring traffic sources and improving overall performance of the Services. We may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

As discussed further below in Section 5, we may collect and store this information in a way that it is linked to you personally, unless you have chosen to opt out.

Opkix Devices

When you connect your Opkix device (such as a camera) to the Internet or to a Opkix mobile software application (discussed below), we may automatically receive certain information about your Opkix device and your use of it, including camera type, serial number, IP address, firmware version, log files, camera modes, settings, durations, error rates, and other similar usage information. This information helps us to improve our products and services, troubleshoot bugs, and analyze camera errors.

Mobile Software Applications

When you use a Opkix mobile application we may automatically receive certain information about your mobile device and use of the application, including a mobile device identifier (e.g., a UDID or IDFA on Apple products like the iPhone and iPad or similar advertising identifiers), operating system, version, IP address and other similar information, such as time spent in different portions of the Opkix mobile application. We may also collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), as detailed further below.

4. How We Use and Share Personal Data

a. Generally
We do not rent or sell your Personal Data to third parties for the purpose of marketing their products and services to you. At no time, except as may be required by law or disclosed in this privacy policy, will we share or distribute your Personal Data to third parties or use your Personal Data in any manner not disclosed in this privacy policy. We may use your Personal Data in any of the ways described in this privacy policy, including:

  • to create an account you have requested on the Opkix Feedback Portal;
  • to send administrative information about the Opkix Feedback Portal Sites to you, such as changes to our terms, conditions, and policies;
  • to respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information about our services and business;
  • to service your account;
  • to communicate with you and provide you with all necessary or helpful information about any Customer Validation Test;
  • to send, install, remove, or retrieve any test product, device, or software in a test being conducted that you have volunteered to participate in;
  • to personalize your experience on the Opkix Feedback Portal, such as by presenting opportunities or content tailored to you;
  • for our internal business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Opkix Feedback Portal and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating or expanding our business activities;
  • as we believe to be necessary or appropriate under applicable law, including laws outside of your country of residence, to comply with legal process, to respond to the requests of courts or governmental authorities, to enforce our terms and conditions, to protect our operations, rights, privacy, safety, clients, or property (or that of others), and to allow us to pursue available remedies or limit damages we may sustain;
  • for other purposes you have specifically agreed to; in the ways described below.

c. Opkix Feedback Portal Community Members
When you provide your email to us when registering as a Opkix Feedback Portal Community Member, you are agreeing to allow us to use the information you provide to determine if you may match the profile required for participating in Customer Validation Tests to be conducted by Opkix. When we believe you might be interested in a Customer Validation Tests, we will contact you about these opportunities. This is the primary function of the information we collect through Opkix Feedback Portal. We may also send you newsletters, announcements, or communications, including by email and text message, that we believe may be of interest to you. If at any time you no longer wish to receive any announcements about these test opportunities or other communications or wish to modify your subscription preferences, you can follow the instructions on opting out in Section 6 below to either modify your preferences or terminate your Opkix Feedback Portal Community Member account.

Unless and until you express interest in participating in, accept an invitation to participate in, or actually participate in a Customer Validation Test being conducted by Opkix, we will not share your Personal Data in any way that identifies you to any third party. However, when and if you express interest in participating in, and accept an invitation to participate in, or actually participate in a Customer Validation Test being conducted by Opkix (e.g., when you click on a button or link in an announcement on Opkix Feedback Portal.com or in an email to you about a Customer Validation Test that directs you to a test conducted on Opkix Feedback Portal), you are agreeing to allow us to share your Personal Data and other information you have provided to us through any Opkix Feedback Portal registration or in any other Opkix Feedback Portal qualification survey, community survey, questionnaire, form, email or other communication, with the third-party Centercode, who maintains the Customer Validation Test platform. The third party (Centercode) agrees not to use the Personal Data that we share with it in identifiable form for purposes other than the Customer Validation Test you are participating in unless you agree that they may do so. For example, they agree they will not use the contact information we share with them to market or solicit their products or services to you unless you agree to allow this.

5. Security

We take the security of your Personal Data very seriously. We maintain a written security program for the security, integrity and protection of the Personal Data we hold against unauthorized disclosure or loss. We have put in place physical, technical, and organizational processes and measures designed to safeguard the Personal Data that we hold. When accessing the Opkix Feedback Portal via a supported web browser, Secure Socket Layer (SSL) technology protects information using both server authentication and data encryption to help ensure data is safe and secure in transit. We also have implemented an advanced security method based on dynamic data and encoded session identifications and host the Opkix Feedback Portal, on servers located in a secure data center environment using a firewall and other advanced technology to prevent interference or access from outside intruders. We require unique usernames and passwords for account authentication.

These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data. However, you should be aware that no security procedures or protocols are guaranteed to be 100% secure, and there is always some risk assumed by sharing information. Opkix Feedback Portal Community Members are responsible for maintaining the confidentiality and security of their username and password. If you have reason to believe that your interaction with us is no longer secure, your account has been compromised, or have any other concern regarding our privacy practices, please immediately notify us at betateam@Opkix.com via email. In the event that any Personal Data under our control is compromised as a result of a breach of security, we will investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws and regulations.

6. Opting Out

Opkix Feedback Portal Community Members may unsubscribe from Customer Validation Tests conducted by Opkix through the Opkix Feedback Portal. To opt out please email us at betateam@Opkix.com. We will respond promptly. If you would like to limit the use or disclosure of your Personal Data collected or stored by us, please notify us at betateam@Opkix.com so that we may consider and respond to your request in accordance with applicable law.

7. Data Retention, Modification and Deletion

We will only retain your Personal Data until the purpose for which it was collected has been accomplished or as otherwise required or permitted by applicable law, internal data retention policies. Opkix Feedback Portal Community Members may log in to their accounts to delete or amend certain types of Personal Data and User Content at any time using the functionalities provided. Depending on your location, you may have certain rights to access other Personal Data, or to request that your Personal Data be rectified, amended, deleted, or blocked, as provided by applicable law. If you wish to exercise such rights, please email us at betateam@Opkix.com. For your protection, we may need to verify your identity before implementing any request. We will respond to your request promptly, and in no event later than 30 days from your request, subject to applicable law. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions or Customer Validation Tests that you began prior to requesting such account modification or deletion. Deleted or updated Personal Data and User Content stored in our backup systems will be automatically deleted or updated during our backup procedures, except as otherwise required by applicable law.

9. International Transfer of Data

The Personal Data and other User Content we collect from you is stored, and/or processed by us in the United States. In addition, in the circumstances described in this privacy policy where your Personal Data and other User Content is transferred to a third party (Centercode), this data may also be used, stored, and/or processed outside of the United States in any country in which the third party has facilities or engages service providers. Therefore, by using the Opkix Feedback Portal, by participating in any test conducted on Opkix Feedback Portal, or disclosing Personal Data or other User Content to us, you expressly consent to the transfer of your Personal Data and other User Content to the United States of America and any other country as described in this paragraph, which country or countries may not offer the same legal protections offered in your country or the country in which you were located when you initially provided the information, and which may be deemed by your country to offer insufficient legal protections. You have a right to withdraw this consent, and you may do so by emailing us at betateam@Opkix.com. The withdrawal of consent will not affect the lawfulness of actions based on your consent prior to your withdrawal of consent.

10. Privacy Shield - EU – US and Swiss US Data Transfers

Opkix is also an international business with multi-national operations, systems, and processes. If you are located outside the United States and provide personal data to us, Opkix may transfer your personal data to the United States and process it in the United States in accordance with this Privacy Policy. 

Our Obligations to you under the Privacy Shield

Opkix complies with the E.U. – U.S. and Swiss – U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce and approved by the European Commission and Swiss Federal Council regarding the collection, use, and retention of personal information Opkix receives from European Union member countries and Switzerland.

Opkix has certified that it adheres to the following Privacy Shield Principles of (1) Notice; (2) Choice; (3) Accountability for Onward Transfer; (4) Security; (5) Data Integrity and Purpose Limitation; (6) Access; and (7) Recourse, Enforcement and Liability in respect of any personal data received from the European Union and Switzerland.

We collect and process data in accordance with this Privacy Policy. Please see Section 3 for further details of the types of data which we collect from you and the purposes for which we collect it in Section 4.

If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification page on the Privacy Shield List, please visit https://www.privacyshield.gov/

 

Accountability and Liability for Onward Transfer

Opkix is required to take certain steps when transferring personal information received from the European Union and Switzerland to third parties (such as including necessary contractual provisions in our third party contracts).   Opkix may be potentially liable in cases of onward transfer of EU and Swiss individuals' data received pursuant to the Privacy Shield to third parties.  

Privacy Complaints Handling, Recourse and Enforcement

In compliance with the Privacy Shield Principles, Opkix commits to resolve complaints about your privacy and our collection or use of your personal information (without charge to you).  European Union and Swiss individuals with inquiries or complaints regarding this Privacy Policy should first contact us at:

Email address - privacy@Opkix.com

We will respond to any complaints as soon as possible and within 45 days.

We encourage EU and Swiss individuals who have questions or complaints about how we process their Personal Data under Privacy Shield to contact us at privacy@Opkix.com. We will work to resolve your issue as quickly as possible, but in any event within 45 days of receipt.

Please note that if your complaint is not resolved through these channels, in certain limited circumstances, a binding arbitration option may be available.

Opkix is subject to the investigatory and enforcement powers of the Federal Trade Commission in the case of any failure to comply with the Privacy Shield.  

11. EU Rights to personal information

EU and Swiss individuals have the right, under certain circumstances, to:

  • Access their personal information;
  • Correct inaccurate personal information;
  • Request erasure of their personal information without undue delay;
  • Request the restricted processing of their personal information;
  • To receive the personal information that they have provided us with, in a structured, commonly used and machine-readable format and you have the right to transmit that information to another controller without hindrance or ask us to do so;
  • To object to the processing of their personal information;

Such users may request access to their personal information and modify or remove most information associated with their Opkix account at any time by logging into their Opkix account and accessing features such as Edit Profile and Account Info. Users may also email to exercise any of the above rights by emailing us at privacy@Opkix.com. EU and Swiss users also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of their habitual residence, place of work or place of the alleged infringement if they consider that our processing of their personal information infringes the applicable data protection laws. Please contact us at privacy@Opkix.com and we will provide you with detailed information regarding the contact details of the respective competent supervisory authority.

12. Data of Children

The Opkix Feedback Portal is not intended for use by minors under the age of 18. We do not knowingly or specifically collect information from minors under the age of 18 through the Opkix Feedback Portal. If you believe that we have mistakenly or unintentionally collected or are holding information about minors under the age of 18, please notify us at betateam@Opkix.com so that we may investigate and delete the information from our servers as necessary. We comply with all legal requirements, including those regarding parental consent if applicable, where a Customer Validation Test involves the collection of information about minors under the age of 18. If you have any questions or concerns regarding the use of the Opkix Feedback Portal to collect information about minors, please email us at betateam@Opkix.com.

13. Changes to Our Privacy Policy

We reserve the right to change this privacy policy. If we make changes to this policy, you will find the revised privacy policy posted on the Opkix Feedback Portal, along with the effective date of the revised privacy policy. Your use of and access to the Opkix Feedback Portal and the third party partner, Centercode Platform after any changes become effective will be considered your acceptance of those changes and will constitute your agreement to be bound by the new or modified privacy policy.

14. Questions or Concerns?

Questions about this privacy policy or our information practices should be directed to our team by emailing betateam@Opkix.com or by mailing us at 1008 Brioso Dr, Costa Mesa, CA 92627 ATTN: Opkix Beta Team.

 

 

 

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