ther countries. You may not (a) modify the content located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such content for any public or commercial purpose; or (b) remove, obscure or otherwise deface proprietary notices appearing on any content, including copyright, trademark or other intellectual property notices.
In order to access some features of the Site, you may have to create an account. You may never use another individual’s account without permission. When creating your account, you must provide accurate, current and complete information. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You must notify OVVO immediately of any breach of security or unauthorized use of your account. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
You shall retain all of your ownership rights in your name and any photographs and other material and content you post on, submit or upload to the Site (collectively, the “User Material”)2. However, by submitting, posting and/or uploading User Material to the Site, you hereby grant to us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting, posting or uploading User Material to the Site you represent and warrant that (a) no other party has any rights to the User Material or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c) your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify OVVO for all claims resulting from the User Material you supply. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.
You may not post, upload or transmit any material or content on or through the Site:
- that violates or infringes in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);
- that expresses or implies that any statements made by you are endorsed by OVVO;
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law;
- that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e. phone numbers, addresses, URLs or email addresses).
We may, for your convenience, provide you with links to other websites from the Site (“Linked Sites”). OVVO is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a Linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. OVVO does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any Linked Site. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIAL AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
ACCURACY OF INFORMATION:
OVVO takes all possible steps to ensure the accuracy of the information included in this Site. However, OVVO takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
COPYRIGHT INFRINGEMENT CLAIMS:
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. To send a notice, please forward the following information to email@example.com: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of the allegedly infringing material and of where the allegedly infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
MONITORING & REMOVAL OF CONTENT:
LIMITATION ON LIABILITY:
IN NO EVENT SHALL OVVO OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, omissions OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR Site, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) any LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF the site or of ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA our site, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OVVO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OVVO SHALL NOT BE LIABLE FOR “USER materials” OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The failure on the part of OVVO to enforce any part of these Terms shall not constitute a waiver of any of OVVO’s rights hereunder for past or future actions.
Any dispute over the content or use of this Site shall be governed by the substantive laws of the United States and the State of New Jersey, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in New York, New York.
YOUR PERSONAL INFORMATION COLLECTED BY OVVO OPTICS.
In order to send you e-mail from OVVO Optics (if any), we need your e-mail address. To provide you with additional services, we may also request your name, geographical coordinates, and telephone number. OVVO Optics does not collect any other personal information that you do not expressly provide. OVVO Optics will not sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. OVVO Optics may share your personal information for the purpose of delivering our e-mail to you or as required by law. Though we make every effort to preserve user privacy, OVVO Optics may need to disclose personal information when required by law and when we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process that OVVO Optics receives. We may also collect demographic and other data, which may include Personally Identifiable Information, generally through surveys and forms which you may or may not choose to participate in. If you place an order for goods or services through OVVO Optics you may be required to enter your credit card number and information, as well as your shipping address and/or other contact information.
When you open an account, participate in a survey or contest or place an order, we collect and store some or all of the information that you provide, including: name, billing address, shipping address, email address, telephone number, credit card number and expiration date. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
We collect and store certain other information automatically whenever you interact with this Web site. For example, we may collect your IP address, browser information, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data every time you visit this Web site. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Web site, to gather demographic information about our user base as a whole and to provide our customers with a fulfilling shopping experience.
We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.
We may also request non-personally identifiable information, such as buying preferences, or age, also known as demographic and profile data, though this information is optional. We may use this data to improve our website and/or customize your experience at our site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in on our site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
If you choose to sign up for a free OVVO Optics account (either to purchase products or services, or to enter participate in member only areas on the site), you may have a Profile page on the site, containing your username and some basic information related to demographics, your billing and shipping addresses, as well as your credit card data.
In addition to collecting personal and non-personal information, OVVO Optics may also collect non-personal, aggregated information about subscribers’ use of our site. This information is not personally identifiable and will only be used to find out how subscribers use our service and site. For example, this information will tell us how much time users spend on our site, from which other sites subscribers came, and to what other sites subscribers go. The collection of this information allows us to, among other things, prepare for traffic load demands and to efficiently deliver relevant information.
REVIEW AND ACCESS.
Upon your request, you can access a summary of the information we collect about you. You will have an opportunity to correct, update or modify this information.
If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with an e-mail address by which you may request no future notices.
When you visit our site, we log standard information such as your IP address, which is a number that can be used to identify your location and Internet Service Provider, along with the URL from which you came to our site and the URLs visited on our site. A URL is the full address of a Web site page, which may or may not contain some Personally Identifiable Information about the person who is viewing it.
When we send messages to you or others, we may provide a URL link to the OVVO Optics site that contains an alphanumeric identifier, which allows us to identify the person to whom we sent the message so that we can personalize our content for that individual.
In the event OVVO Optics. goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.
All information described above is stored on restricted database servers.
CHANGES TO THIS POLICY.
OVVO Optics reserves the right to change this policy from time to time. If we do make changes, the revised Privacy Statement will be posted on this site.
If you have any questions about this policy or our site in general, please contact us at info@OVVOOptics.com or at 1.855.393.6886
GDPR Privacy Notice
General Data Protection Regulation (GDPR)
Article 13 of Regulation EU 2016/679
Purpose of this notice
This Privacy Notice provides mandatory information as required under Articles 13 and 14 of the European General Data Protection Regulation (GDPR) regarding the transparency of personal data processing. Definitions of certain terms within this notice are explained in the appendix.
The Data Controller for personal data
The Data Controller for the personal data processed by us is the Client Company of OVVO OPTICS, LLC. (the employer of the natural person whose data is collected, hereafter referred to as the Data Subject). The Data Controller will pass personal data of their employees to OVVO OPTICS, LLC. to manage transaction on behalf of those employees in connection with their business. OVVO OPTICS, LLC., as Data Processor acting on the instructions of the Data Controller under a written contract with them, will subsequently use that personal data to facilitate transactions for the Data Subject. It is this contract which forms the ‘Legal Basis’ for the processing of personal data carried out by OVVO OPTICS, LLC. in these circumstances.
OVVO OPTICS, LLC. will also become a Data Controller if it collects additional personal data directly from a Data Subject. In these circumstances OVVO OPTICS, LLC. will be acting under a ‘Legitimate Interest’ to legally process the data for the management of transaction for the Data Subject and to fulfill the contractual requirements for its Client. OVVO OPTICS, LLC. also acts as a Data Controller for any personal data held regarding its own employees, and legally processes this data under its Contract of Employment with those Data Subjects.
As a Data Subject you have rights under the GDPR. These rights can be seen below. OVVO Optics, LLC. will always fully respect your rights regarding the processing of your personal data, and has provided below the details of the person to contact if you have any concerns or questions regarding how we process your data, or if you wish to exercise any rights you have under the GDPR.
The identity and contact detail for the Data Protection Officer within OVVO OPTICS, LLC. is:
OVVO OPTICS, LLC.
34 Surrey Ln
Mahwah, NJ 07430
Data Protection Principles
OVVO OPTICS, LLC. has adopted the following principles to govern its collection and processing of Personal Data:
Personal Data shall be processed lawfully, fairly, and in a transparent manner.
The Personal Data collected will only be those specifically required to fulfill transactional requirements. Such data may be collected directly from the Data Subject or provided to OVVO OPTICS, LLC. via his/her employer. Such data will only be processed for that purpose.
Personal Data shall only be retained for as long as it is required to fulfill contractual requirements, or to provide statistics to our Client Company.
Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.
The Data Subject has the right to request from OVVO OPTICS, LLC. access to and rectification or erasure of their personal data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case such a request must be put in writing as in Section 3 above.
The Data Subject has the right to make a complaint directly to a supervisory authority within their own country. Personal Data shall only be processed based on the legal basis explained in section 2 above, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject which will always take precedent. If the Data Subject has provided specific additional Consent to the processing, then such consent may be withdrawn at any time (but may then result in an inability to fulfill transactional requirements).
OVVO OPTICS, LLC. will not use personal data for any monitoring or profiling activity or process, and will not adopt any automated decision making processes.
Transfers to Third Parties
To fulfill the transactional arrangements for a Data Subject it will in most cases be necessary to process personal data via a third party (these will include but are not limited to airlines, hotels, car hire companies, and Visa or Passport companies). Personal Data shall only be transferred to, or processed by, third party companies where such companies are necessary for the fulfillment of the transactional arrangements.
Personal Data shall not be transferred to a country or territory outside the European Economic Area (EEA) unless the transfer is made to a country or territory recognized by the EU as having an adequate level of Data Security, or is made with the consent of the Data Subject, or is made to satisfy the Legitimate Interest of OVVO OPTICS, LLC. in regard to its contractual arrangements with its clients.
All internal group transfers of Personal Data shall be subject to written agreements under the Company’s Intra Group Data Transfer Agreement (IGDTA) for internal Data transfers which are based on Standard Contractual Clauses recognized by the European Data Protection Authority.
Appendix – Definitions of certain terms referred to above:
(Article 4 of the GDPR): ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
(Article 4 of the GDPR): means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure or destruction.
Legal Basis for Processing:
(Article 6 of the GDPR): At least one of these must apply whenever personal data is processed:
Consent: the individual has given clear consent for the processing of their personal data for a specific purpose.
Contract: the processing is necessary for compliance with a contract.
Legal obligation: the processing is necessary to comply with the law (not including contractual obligations).
Vital interests: the processing is necessary to protect someone’s life.
Public task: the processing is necessary to perform a task in the public interest, and the task or function has a clear basis in law.
Legitimate interests: the processing is necessary for the legitimate interests of the Data Controller unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
(Article 4 of the GDPR): this means the person or company that determines the purposes and the means of processing personal data.
(Article 4 of the GDPR): means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.
Data Subject Rights:
(Chapter 3 of the GDPR) each Data Subject has eight rights. These are:
The right to be informed; this means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
The right of access; this is your right to see what data is held about you by a Data Controller.
The right to rectification; the right to have your data corrected or amended if what is held is incorrect in some way.
The right to erasure; under certain circumstances you can ask for your personal data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
The right to restrict processing; this gives the Data Subject the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
The right to data portability; a Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.
The right to object; the Data Subject has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
Rights in relation to automated decision making and profiling; Data Subjects have the right not to be subject to a decision based solely on automated processing.