Privacy Policy

Introduction

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Optimal, LLC is a Colorado company (“Optimal,” “we,” “us”, or “our”) respects your privacy and we are committed to protecting it through our compliance with this privacy policy. This policy describes the types of information we may collect from you or that you may provide when you visit our website optimalhrv.com (“Website”), use our mobile or desktop application(s) (“Apps”), use our software or devices (whether or not purchased by you), and receive in-person services provided by our employees, contractors and agents (all of the foregoing are collectively referred to as the “Services”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

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This policy applies to information we collect:

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• On this Website;

• In email, text, and other electronic messages between you and us;

• Through the Apps you may download from us, which provide dedicated non-browser-based interaction between you and us;

• Through software embedded in devices; and/or

• Offline from you or through any other means, including on any other website operated by Optimal or any third party (including our affiliates and subsidiaries).

 

This policy does not apply to information collected by:

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• Any third party, including through any application(s) or content (including advertising) that may link to or be accessible from or on the Website or Apps.

• Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, Apps, or our Services generally. By accessing or using the Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be an acceptance of those changes, so please check the policy periodically for updates.

 

Children Under the Age of 13

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Our Services are not intended for children under 13 years of age. We do not knowingly collect Personal Information (defined below) from children under 13. If you are under 13, do not use or provide any such information on this Website, the Apps, or through any of their features, register on the Website or Apps, make any purchases through the Website or Apps, use any of the interactive or public comment features of the Website or Apps, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@optimalhrv.com.

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If you are a California resident, you may have additional rights. Please see Your California Privacy Rights for more information.

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Information We Collect About You and How We Collect It

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We collect several types of information from and about users of our Services, including information:

 

• By which you may be personally identified, such as name, postal address, e-mail address, Facebook profile, Google account, telephone number, or any other identifier by which you may be identified or contacted online or offline (“Personal Information”);

• That is about you but individually does not identify you, such as heart rate variability readings; and/or

• About your internet connection, the equipment you use to access our Website and the Apps, and usage details.

 

We collect this information:

 

• Directly from you when you provide it to us;

• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies;

• From third parties, for example, our business partners; and/or

• From your personal interactions with us and with third parties, as part of the Services.

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Information You Provide to Us

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The information we collect on or through the provision of Services and/or through our Website or Apps may include:

 

• Information that you provide by filling in forms (this includes information provided at the time of registering to use our Website or Apps, subscribing to our Services, posting material, or requesting further Services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website, Apps, or Services);

• Records and copies of your correspondence (including email addresses), if you contact us;

• Your responses to surveys that we might ask you to complete for research purposes;

• Details of transactions you carry out through our Website, Apps, desktop application(s), and of the fulfillment of your orders (you may be required to provide financial information before placing an order through our Website); and/or

• Your search queries on the Website or Apps.

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You also may provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Website, Apps or transmitted to other users of the Website or Apps or third parties (collectively, “User Contributions”). Your User Contributions are Posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

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Information We Collect Through Automatic Data Collection Technologies

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As you navigate through and interact with our Services and our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

• Details of your use of our Services and visits to our Website or Apps, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website or Apps;

• Information about your computer or mobile device and internet connection, including your IP address, operating system, and browser type; and/or

• Information collected through the use of wearable devices such as heart rate variability readings.

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The information we collect automatically is only statistical data and does not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Services and our Website or Apps, and helps to deliver a better and more personalized service, including by enabling us to:

 

• Provide you with insights, recommendations, and summary readings;

• Compare current readings to past baselines to show improvement over time and compare your current state to your baseline;

• Estimate our audience size and usage patterns;

• Store information about your preferences, allowing us to customize our Website according to your individual interests;

• Speed up your searches; and/or

• Recognize you when you return to our Website.

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The technologies we may use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Optimal, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

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We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Email us at support@optimalhrv.com for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

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Third-Party Use of Cookies and Other Tracking Technologies

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We do not provide third parties with your Personal Information or any biometric data about you personally, including your heartrate variability score. However, some content or applications, including advertisements available through the Website or Apps may be served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website, however, they will not have access to any medical data, including your heart rate variability scores, whether or not linked to your Personal Information. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

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We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

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How We Use Your Information

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We use information that we collect about you or that you provide to us, including any Personal Information:

 

• To provide the Services to you;

• To present our Website, the Apps, and their contents to you;

• To provide you with information, products, or services that you request from us;

• To fulfill any other purpose for which you provide it;

• To provide you with notices about your account, including expiration and renewal notices;

• To carry out our obligations or enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

• To notify you about changes to our Website, the Apps, or any products or services we offer or provide though them;

• To allow you to participate in interactive features on our Website and Apps; and/or

• In any other way we may describe to you when you provide the information.

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We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at support@optimalhrv.com. For more information, see Choices About How We Use and Disclose Your Information.

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We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

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Disclosure of Your Information

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We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

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To the extent necessary, we may disclose Personal Information that we collect or you provide as described in this privacy policy:

 

• To our subsidiaries and affiliates;

• To your health care provider, group administrator, or organizational administrator;

• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Optimal’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Optimal is among the assets transferred;

• To fulfill the purpose for which you provide it to us; and/or

• For any other purpose disclosed by us when you provide the information.

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Optimal, our customers, or any other person or entity.

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Choices About How We Use and Disclose Your Information

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We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Promotional Offers from Optimal. If you do not wish to have your contact information used by Optimal to promote our own or third parties’ products or services, you can opt-out by emailing us at support@optimalhrv.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by emailing us at support@optimalhrv.com. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

California residents may have additional Personal Information rights and choices. Please see Your California Privacy

Rights for more information.

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Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to support@optimalhrv.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

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Accessing and Correcting Your Information

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You can review and change your Personal Information by logging into the Website and visiting your account profile page. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

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You may or may not be able to delete User Contributions from the Website. Regardless, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.

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California residents may have additional Personal Information rights and choices. Please see Your California Privacy Rights for more information.

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Your California Privacy Rights

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If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy.

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California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for such third parties’ direct marketing purposes. To make such a request, please email support@optimalhrv.com.

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Data Security

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We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

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The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

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Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

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Changes to Our Privacy Policy

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It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.