Privacy Notice

Optando LLC ("Optando") provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Optando Site, Optando Software and/or the Optando Service. If you do not agree to our practices, please do not use the Optando Site, Optando Software, or Optando Service.

This Privacy Policy is subject to the Optando Terms of Service. Your use of the Optando Site, Optando Software and the Optando Service and any personal information you provide on the Optando Site or Optando Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Status Submissions or other content posted at the direction or discretion of users of the Optando Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy applies to all Optando services and covers the treatment of user information, including personally identifying information, obtained by Optando, including information obtained when you access the Optando’s Site, use the Optando Service or any other software provided by Optando.

This Privacy Policy does not apply to the practices of companies that Optando does not own or control, or to individuals whom Optando does not employ or manage.

The Information Optando Collects

Optando may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

User Provided Information:

You provide certain Personally Identifiable Information, such as your email address, push notification name, billing information and mobile device information to Optando when choosing to participate in various uses of the Optando Service, such as registering as a user, updating your status or requesting status for your contacts.

Cookies Information: 

When you visit the Optando Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Optando uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Optando Site may not function properly if the ability to accept cookies is disabled.

Log File Information:

When you use the Optando Site or Optando Service our servers automatically record certain information that your web browser or mobile application sends whenever you visit any website or use any mobile application. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your email address, phone number, email address or phone number you are requesting the status of and various status information. When you use the Optando Service, our servers log certain general information that our application sends if you update or request any status information, including time and date stamps. In the beta phase Optando will collect statistics and information on the usage of the device that include who called whom, when, for how long, and other usage data. We do this to improve our service.

The Information Optando Does Not Collect

Optando does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists. Users may voluntarily share their location with other users via the Optando Service but are not required to do so. In the beta phase, Optando will collect location data on where the application is used in order to improve the service.

Files that are sent through the Optando Service will reside on our servers after delivery for a short period of time, after which they will be deleted and stripped of any identifiable information in accordance with our general retention policies.

The Way Optando Uses Information

If you submit Personally Identifiable Information to us through the Optando Site, or Optando Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Optando Site and Optando Service. In particular, your email address is essential to your use of the Optando Service and will be retained. The email address that you provide for signing up for the Optando Service and logging in will be matched to a display name that you use for displaying yourself remotely to another user in your group. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with Optando. Any Personally Identifiable Information or status content that you voluntarily disclose on the Optando Service becomes publicly available and may be collected and used by other users of the Optando Service (unless such user is blocked by you). Your display name may be displayed to other users when you update your status messages through the Optando Service and other users may contact you through the Optando Service. We do not use your email address or other Personally Identifiable Information to send commercial or marketing messages. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Optando Site or Optando Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, location, clickstream data, etc.) to improve the quality and design of the Optando Site and Optando Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Optando Service or Optando Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, and other metrics; and (d) track your entries, submissions, views and other user activity.

When Optando Discloses Information

Other users of the Optando Service may see your Status Submissions in a way that is consistent with the use of the Optando Service. Optando does not access your contact list or address book on your mobile phone device.

We do not sell or share your Personally Identifiable Information with other third-party companies for their commercial or marketing use. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Optando Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Optando Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Optando also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Optando believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Optando Site or our servers, and to protect the rights, property, or personal safety of Optando, our users or others.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the Optando Site or the Optando Service, in which case Optando may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Optando mobile application and discontinue use of the Optando Service; your continued usage of the Optando Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps to verify your identity before registering your email address and granting you access to the Optando Service. Please contact Optando via email to support at support@optando.com or available web forms with any questions or comments about this Privacy Policy, your personal information, or your consent. Third-party Advertisers, Links to Other Sites We are not fans of advertising. Optando is currently ad-free and we hope to keep it that way forever. We have no intention of introducing advertisement into the product, but if we ever do, will update this section.

Our Commitment To Data Security

Optando uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Optando and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Optando Service is never recommended. Once we receive your transmission of information, Optando makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Optando learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Optando may post a notice on the Optando Site or through the Optando Service if a security breach occurs.

Our Commitment To Childrens' Privacy

Protecting the privacy of young children is especially important. For that reason, Optando does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Optando Site or Optando Service from persons under 16 years of age, and no part of the Optando Service is directed to or intended to be used by persons under 16 without the written consent of a legal parent or guardian. If Optando learns that Personally Identifiable Information of persons under 16 years of age has been collected on the Optando Site or Optando Service, then Optando may deactivate the account and/or make the status submissions inaccessible.

Special Note to International Users

The Optando Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Optando Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Optando Site and Service, which are governed by Delaware law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States for storage and processing of data and operating of Services and you expressly consent to that transfer, storage, and transfer and consent to be governed by Delaware law for these purposes.

In the Event of Merger, Sale, or Bankruptcy

In the event that Optando is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice

This Privacy Policy may be revised periodically. If we make changes that are material, we will let you know by sending you an email at the email address specified in your account or by other communication before the changes take effect. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes. Any changes to this Privacy Notice will be effective immediately for new users of our Application; otherwise, the notice will designate a reasonable period of time after which the changes to this Privacy Policy will take effect. Your continued use of the Optando Site and Optando Service constitutes your agreement to this Privacy Policy and any amendments.

Date Last Modified: December 15, 2016