Last Updated 11/16/2020
California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.
Types of Information The Company Collects from You
“Personal Information.” Personal Information refers to information that lets The Company know the specifics of who you are and that may be used to identify, contact or locate you. Personal Information may include your name, mailing address, telephone number, e-mail address, billing address, payment information, financial institution information, information about uploads, Internet Protocol (IP) address and the device used to upload the Materials (this data may be meta-data embedded in the Materials) and other information relating to uploaded Materials or that may be used to identify, contact, or locate you. The Company may collect Personal Information when you use the Company Properties including, without limitation, when you set up your account, upload or download Materials, correspond or otherwise communicate with the Company through the Internet, or otherwise volunteer information about yourself.
“Non-Personal Information.” Non-Personal Information refers to information that, by itself, does not identify you or could not be used to identify you as a specific individual (e.g., demographic information, website visitations, or other actions you may take). The Company may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of various technologies, some of which are described further below.
How the Company Collects Your Information
Registration. Prior to your using one or more of the Company Properties, Company may require certain Personal Information and Non-Personal Information to create a Company account (“Account”) or to enable features or functionality of the Company Properties. Failure to provide all information required by the Company may prevent access to any or all the Company Properties, and failure to maintain accurate information may result in suspension or termination of access to any or all the Company Properties.
Uploading and Downloading Materials. If you use the Company Services and you upload or post Materials to or download Materials from the Company Properties, the Materials may include meta-data or be transmitted with data, such as, without limitation, the type of device through which the Materials were created, the device’s IP address, the domain name of your Internet service provider and other such data. This data may necessarily be provided to and collected by the Company when Materials are uploaded, posted to or downloaded from the Company Properties.
Information Collected Through Technology. While you are able to visit the Company Site and remain anonymous, the Company or its third party service providers may still collect Personal Information and Non-Personal Information about your use of the Company Properties (e.g., your Internet browser, operating system, IP address, connection speed, and the domain name of your Internet service provider). Such information may be gathered by the following methods:
Cookies. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer’s or device’s hard drive which work by assigning to your computer or device a unique number that has no meaning outside of the Company Site. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Company Properties unavailable to you, or not perform properly for you.
IP Address. You may visit areas of the Company Site anonymously without the need to register an Account. Even in such cases, the Company may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer or device whenever you begin services with an Internet service provider. Each time you access the Company Site and each time you request one of the Company’s pages, the server logs the IP address.
Web Beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. The Company may use these technical methods in HTML e-mails that the Company sends to you to determine whether you have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is Personal Information.
Tracking Materials Usage. If you use the Company Services and you upload or post Materials to, or download Materials from, the Company Properties or to or from a third party website, the Company tracks and captures Personal and Non-Personal Information associated with registered Accounts and the use of Materials.
How the Company Uses Your Information
System Administration. The Company may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with the Company’s servers, monitoring the Company’s system performance and traffic on the Company Properties and to gather broad demographic information about the Company’s customers.
Performance of Services of the Company Properties. If you have registered for an Account, the Company may use your Personal Information to make payments to you; to receive payments from you; to prepare tax information; to offer services to you; and to procure services from you and to communicate with you about these activities.
Notices to Registered Users. If you have registered for an Account, the Company may use your Personal Information to send e-mails to you regarding your registration, including confirmation to verify the accuracy of any information you have provided, and instructions on how to post Materials, make a payment or receive a payment or refund. The Company may also send you e-mails to verify your identity or to notify you if the Company believes your use of the Company Properties violates any applicable agreement for the use of the Company Properties.
Advertising. The Company may use Non-Personal Information to assist in optimizing the delivery of advertisements to viewers of your Materials.
Promotional E-mails. The Company may use your Personal Information to send you e-mails periodically listing promotions or events relating to the Company Properties or from the Company’s marketing partners or sponsors. You have the choice to opt-out of receiving such promotional e-mails by sending an e-mail to help@OptimusPropertiesLLC.com and/or following the instructions in such correspondence.
Contact Information. If you contact the Company by any means, the Company may keep a record of your contact information and correspondence. If you report a problem with the Company Properties, the Company may collect this information in a file specific to you.
How to Access and Change Your Personal Information
Upon request, the Company shall allow you to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests, as determined by the Company at its sole discretion. Additionally, upon request, the Company shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete your entry without some residual information being retained due to the manner in which data backups are maintained.
Disclosure of Information to Third Parties
The Company does not sell, trade or rent Personal Information collected through the Company Properties to any third party.
Notwithstanding the foregoing, the Company may share your Personal Information for the following purposes and to the extent necessary in the Company’s good-faith discretion: as reasonably necessary for the operation of the Company Properties;
to fully cooperate with law enforcement agencies;
as required upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation; if the Company believes your actions violate any law, regulation, the Terms and Conditions or any functions of the Company Properties; and
in the event of insolvency, bankruptcy, merger, acquisition, sale, joint venture or other business combination involving the Company.
Safeguarding Your Personal Information
Security Measures. The Company takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information. These include, but are not limited to:
internal reviews of the Company’s data collection;
internal reviews of storage and processing practices; internal reviews of electronic security measures;
internal reviews of physical security measures to guard against unauthorized access to systems where the Company stores Personal Information; and
all Company employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution for unauthorized use or disclosure of Personal Information.
Third Party Links. The Company Properties may contain links to third parties who may collect Personal Information and Non-Personal Information directly from you. Additionally, the Company may use third parties to provide components of the Company Properties. In either case, such third parties may have separate privacy policies and data collection practices, independent of the Company. The Company: has no responsibility or liability for these independent policies or actions;
is not responsible for the privacy practices or the Materials of such websites; and does not make any warranties or representations about the information, content, materials, products or services offered on such websites or the security of any information you provide to them.
International Users and Transfer of Data
Special Note Regarding Minors
Use of the Company Properties is not intended for minors under the age of 18 (“Minors”). Minors are not authorized by the Company to use the Company Properties, even if Minors set up an Account or accept the terms of any agreement or policy herein for the Company Properties
Contacting the Company
You may contact us by mail as follows:
Optimus Properties, LLC
1801 Century Park East, Suite 2100
Los Angeles, California 90067
Rights of California Residents
Your California Privacy Rights
The following section pertains to the rights of individuals or households in California (“California consumers”).
- Civil Code Section 1798.83
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.
- Rights under the CCPA
As of January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.
Under the CCPA, qualifying California consumers may have the following rights:
- Right to Know and Right to Delete.
A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.
When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.
- Right for Disclosure of Information.
A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.
Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ account with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.
If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows:
By phone: 855-745-8662; or
By email: firstname.lastname@example.org; or
By postal mail: 1801 Century Park E, Suite 2100, Los Angeles, CA 90067 (Attn: Privacy Compliance Dept.)
If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.
In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, e-mail address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than outline above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.
- California Do Not Track Disclosures
Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
Future Business Transfers
Our business is constantly changing. In the event Optimus goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Data will likely be among the assets transferred.
Compliance with Law and Protection of Optimus
Optimus reserves the right to disclose Personal Data in order to comply with the law. We may also disclose Personal Data to enforce or apply the terms and conditions applicable to our products and services, or protect the rights, property or safety of Optimus, our users, or others.
Optimus’ Vendors and Providers
Many of the operations we perform require us to hire other companies to help us with these tasks. For example, Optimus retains companies to help us handle maintenance issues at our real properties. The companies we retain to help us with these tasks have access to Personal Data to perform their functions, but may not use it for other purposes.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect directly. For example, we may collect information about you from third parties, including but not limited to identity verification services, fraud detection service providers, credit bureaus, mailing list providers and publicly available sources. If you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site.
How We Use the Information We Collect
We use the Personal Data we collect primarily to provide you with the services you use from our Application and Site (either directly or through third parties), and to build features that will make the Application and Site easier to use. We also use the information we collect to: communicate with you, including to provide customer service; monitor and analyze trends, usage and activities in connection with our services; detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Optimus and others.