OTSUKA MAXWELL DESIGN PRIVACY STATEMENT

 

Effective Date: January 1, 2020

This Privacy Statement (“Privacy Statement”) explains how Otsuka Maxwell Design, LLC, its affiliates and subsidiaries (collectively “OMD”) use your information and applies to all who use the OMD website and platforms – including mobile websites, touch technologies, electronic services, social networking sites, interactive features, online services or any of our described online activities OMD own or controls (collectively “Service”). For terms that govern the use of the Service, please review the Terms of Use.

By using the Service, you acknowledge you have read the terms of this Privacy Statement. If you do not want your information handled as described in this Privacy Statement, please do not provide OMD with your information or interact with the Service.

OMD may modify this Privacy Statement at any time. If OMD makes any material changes, OMD will notify you by means of notice on the Service prior to the change becoming effective. You can determine when this Privacy Statement was last revised by referring to the "Effective Date” above.

1. Types of Information Collected

OMD may collect the following categories of personal information from and about you:

• Identifiers: Your name, postal addresses, email addresses, social networking website user account names, telephone numbers or other information which you are able to receive communication.
• Demographic information: Your age, birthdate, and gender.
• Commercial information: Information to determine lifestyle, interests and activities, including purchasing tendencies and order history; areas of interest; information collected through your interactions with social networks; information about persons for whom you have purchased OMD products for or who have bought OMD products for you; and information about friends who refer you or whom you have referred.
• Location information: Information related to your state/province, city or neighborhood, and, if you agree, more specific location information that is provided through the GPS functionality on mobile devices used to access the Service.
• Financial information: Information collected from you as needed to process payments for products you buy. Such as your payment card number, expiration date and card verification number.
• Internet and network activity information: Information about your browsing behavior, search history and interactions with websites and advertisements, including data from cookies, pixel tags and web beacons.
• Inferences regarding preferences and other characteristics: OMD assessment of the types of products you may have an interest in. 

1. How Information Is Used

OMD may use information collected as described in this Privacy Statement to:

•       Operate, maintain and improve the Service and other programs, features, and functionality related to the Service;
•       Provide you with interest-based ads, push notifications, communications and offers for products and services from OMD and our business partners, including based on your precise geolocation;
•       Facilitate and fulfill orders;
•       Process your payments;
•       Evaluate your eligibility for certain types of offers, products or services that may be of interest to you, and analyze advertising effectiveness;
•       Answer your questions and respond to your requests;
•       Perform analytics and conduct customer research;
•       Communicate and provide additional information that may be of interest to you about OMD and business partners, sometimes by combining your information with information obtained from other sources;
•       Send reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, marketing messages and requested information on behalf of OMD and business partners;
•       Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored by OMD or business partners;
•       Manage everyday business needs, such as administration of the Service, forum management, fulfillment, analytics, fraud prevention and enforcement of OMD corporate reporting obligations and Terms of Use and comply with law;
•       Verify your requests made pursuant to this Privacy Statement;
•       Enhance other information OMD has about you to help better understand your interests;

OMD may use information collected as described in this Privacy Statement with your consent or as otherwise required or permitted by law.

OMD uses your geolocation, including your precise geolocation, consistent with this Privacy Statement as described above to deliver location-based offers or products that may be of interest to you.

If you make purchases without creating a password, OMD link these purchases to your email address and create a secure account in our system.

If you use any features on the Service to send information about a product to another person, OMD will collect the personal information of that other person to the extent disclosed by you and may contact them using the information you provided.

1. When and Why OMD Discloses Information

OMD may share your personal information as follows:

•       As required to comply with the law or legal obligations, such as to comply with legal orders and government requests, or as needed to support auditing, compliance and corporate governance functions;
•       In response to a subpoena or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries where OMD operates;
•       With OMD vendors who perform a variety of services and functions for OMD, such as: data storage, order fulfillment, transmitting emails and managing digital content. OMD may share your information with vendors subject to confidentiality obligations consistent with this Privacy Statement and on the condition that the service providers use your information only pursuant to OMD instructions;
•       If OMD goes through a business transition such as a merger, acquisition by another company, bankruptcy, reorganization or sale of all or a portion of our assets;
•       To combat fraud or criminal activity, and protect our rights, users, and business partners or as part of legal proceedings affecting OMD;
•       With our affiliates and subsidiaries who may only use the personal information for the purposes described in this Privacy Statement;
•       If the information has been aggregated, de-identified or does not identify you personally; and
•       Otherwise with your consent.

OMD may disclose the following categories of personal information for OMD business and operational purposes:

•       Identifiers;
•       Demographics;
•       Commercial information;
•       Location information;
•       Financial information;
•       Internet and network activity information; and
•       Inferences regarding preferences or characteristics.

OMD may disclose certain personal information in exchange for services, insights, or other valuable consideration. These disclosures may involve:

•       Identifiers;
•       Demographics;
•       Commercial information;
•       Location information;
•       Financial information (not including payment card numbers);
•       Internet and network activity information; and
•       Inferences regarding preferences or characteristics.

1. Security of Personal Information

OMD implemented an information security program that contains administrative, technical, and physical controls that are designed to reasonably safeguard personal information. OMD uses industry-standard encryption technology to secure financial account information. No method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, OMD cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at omd.sandiego@gmail.com.

1. Your Rights Regarding Personal Information

You have certain rights with regard to your personal information: 

•         You have the right to know and request information about the categories and specific pieces of personal information OMD has collected about you within the last 12 months, as well as the categories of sources from which such information is collected, the purpose for collecting such information and the categories of third parties with whom OMD shares such information. You also have the right to know if OMD has sold or disclosed your personal information for business purposes.  
•         You have the right to update your personal information.
•         You have the right to request a portable copy of your personal information.
•         You have the right to request that OMD delete your personal information subject to certain exceptions allowed under applicable law. 
•         You have the right to opt-out of certain disclosures of your personal information for valuable consideration.
•         You have the right to not be discriminated against for exercising any of the above-listed rights. OMD may provide a different level of service or charge a different rate reasonably relating to the value of your personal information.

You may exercise these rights by sending an email to reidperformance@gmail.com. OMD may take reasonable steps to verify your identity prior to responding to your requests.

In addition to the above rights, you can update or remove financial account information. You can also deactivate your OMD account.

1. Your Choices

OMD belives you benefit from a more personalized experience when OMD knows more about you and what you like. However, you can limit the information you provide to RP and you limit the communications that OMD sends to you. In particular:

•         Commercial E-mails: You may choose not to receive commercial e-mails from OMD by following the instructions contained in any of the commercial e-mails RP sends or by logging into your account and adjusting your e-mail preferences. Please note that even if you unsubscribe from commercial email messages, OMD may still send you non-commercial e-mails related to your account and your transactions on the Service. You may update your subscription preferences at any time.
•         Cookies and Other Technologies: You may manage how your browser handles cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain ad-service companies and OMD-served ads online by using the National Advertising Initiative’s Opt-Out Tool or the Digital Advertising Alliance’s (DAA) About Ads Opt-Out Tool. For more information review our cookies policy.

Currently, OMD does not alter data collection and use practices in response to Do Not Track signals. 

OMD use internet and network activity information and device data to directly serve you interest-based ads on third party websites and mobile applications. Interest-based ads served directly by OMD on third party sites will display the AdChoices icon. If you prefer not to receive interest-based ads from OMD on third party sites, you can click on the AdChoices icon in the ad, which will direct you to the page where you can opt-out of receiving interest-based ads served by OMD.

•         Device Data: You may manage how your mobile device and mobile browser share certain device data with OMD, as well as how your mobile browser handles cookies by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

When you first visit or use the Service OMD may request permission to collect and use your device’s precise geolocation. You can opt not to permit the collection of this information but it may limit certain functions or features of the Service. You can control how and whether RP collect your precise geolocation information through your device’s settings.

•         E-mails from Business Partners: If you wish to opt-out of receiving offers directly from OMD business partners, you can follow the opt-out instructions in the emails they send you.

1. Social Community Areas

The Service may be accessible through or contain connections to areas where you may be able to publicly post information, communicate with others such as discussion boards or blogs, review products and merchants, and submit media content. Prior to posting in these areas, please read the Terms of Use carefully. All the information you post may be accessible to anyone with Internet access, and any personal information you include in your posting may be read, collected, and used by others. OMD recommends you do not post any personal information in the social community areas.

1. Privacy Practices of Third Parties

This Privacy Statement only addresses the use and disclosure of information by OMD through your interaction with the Service. Other websites that may be accessible through links from the Service and may have their own privacy statements and personal information collection, use and disclosure practices. OMD business partners may have their own privacy statements. OMD encourages you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information.

1. Business Transfers and Corporate Changes

OMD reserves the right to disclose, transfer, or license any and all information related to the Service, including personal information:

•       To subsequent owner, co-owner or operator of the Service or any portion or operation related to part of Service; or
•       Corporate merger, consolidation, restructuring, the sale of substantially all of OMD stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process.

 

1. Notice to Residents of Countries outside the United States of America

This Service is intended only for users in the United States. By using the Service or giving OMD your personal information, you are directly transferring your personal information to the United States. You agree and consent to OMD collection, transfer and processing of your personal information in accordance with this Privacy Statement. You are solely responsible for compliance with any data protection or privacy obligations in your jurisdiction when you use the Service or provide us with personal information. Regardless of where we transfer your information, OMD still protect your information in the manner described in this Privacy Statement.

1. Children’s Privacy

The Service is a general audience site not directed at children under the age of eighteen. By using OMD, you represent that you are at least eighteen years old and understand that you must be at least eighteen years old in order to create an account and purchase the goods or services advertised through the Service.

1. Contact Us

Please contact OMD if you have any questions or comments about our privacy practices or this Privacy Statement at omd.sandiego@gmail.com. You can reach OMD via postal mail at the following address:

Otsuka Maxwell Design, LLC

8494 Commerce Ave. Ste A

San Diego, CA 92121

 

1. California Privacy Rights and Other Countries

If you reside in Canada, you may have the right to be provided with access to personal information OMD has collected about you and written information about OMD policies and practices with respect to the transfer of your personal information to vendors outside Canada. E-mail omd.sandiego@gmail.com with questions.

OMD utilizes various valid data transfer mechanisms for personal information at its sole discretion in accordance with applicable data protection and privacy laws. OMD will assess the appropriateness of other valid data transfer mechanisms as they become available.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request, once a year, if OMD shared their personal information with other companies for those companies’ direct marketing purposes during the preceding calendar year. To request a copy of the information disclosure provided by OMD, please contact oms.sandiego@gmail.com or the address stated above. Please include “Shine the Light Request” in your correspondence. Please allow 30 days for a response.

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to omd.sandiego@gmail.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you posted and there may be circumstances in which the law does not require or allow removal even if requested.

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Cookies Policy

 

When you visit the OMD Site or use its Services, OMD and authorized third parties use cookies to collect information about you. This Cookies Policy sets out how OMD and third parties we authorize, use cookies when you interact with the Site. Please review this policy carefully. By continuing to use OMD’s Site you consent to these terms. Please note that this Cookies Policy is part of our Privacy Statement and should be read along with the Privacy Statement.

Cookies are unique identifiers, usually made up of small bits of text or code. Cookies are usually stored on your device or in your web browser and they send certain information back to the party who served the cookie. Cookies are a broad range of technologies than just cookies, including web beacons, clear gifs, pixels and other similar technologies. When we say first-party cookies we mean cookies that are served by Groupon. Third-party cookies are served by non-OMD parties.

Cookies are used in order to better understand how applications and websites work and to optimize online and mobile experiences. Cookies do this by allowing the party serving the cookie to analyze a website’s performance, remember user preferences, recognize whether a computer or device has visited a website previously, and to serve personalized advertisements. OMD may collect this information across browsers or devices, but the interest-based advertising cookie is not associated with and does not contain Personal Information.

OMD primarily uses the following four types of cookies:

Operationally Necessary Cookies. These cookies are essential for the operation of the Site. They make it possible for you to browse and use the Site. If you disable these cookies, the Site will not function correctly.

Performance Cookies. These cookies gather information about how visitors use the Site and monitor Site performance. Performance cookies can be used to identify and remedy operational problems with the Site.

Functionality Cookies. These cookies are used to recognize and remember your preferences.

Advertising Cookies. First-party and third-party cookies deliver interest-based advertising content on third-party websites and applications. OMD, and third-party ad servers, use cookies to understand your interest in the advertisements and content delivered to you, as well as to serve you with more relevant ads based on your activities on the Site. OMD complies with the Digital Advertising Alliance's (DAA) Self-Regulatory Principles for Online Behavioral Advertising. You can read more about the Principles and how interest-based ads work on the DAA's consumer education page.

Collection of your Personal Information by third parties is not governed by this Cookie Policy or the Privacy Policy. Please consult the privacy policies of those third parties to determine how they collect and use your personal information. Third-party advertisers, web browsers and mobile devices allow you to opt out of third-party advertising. Information and resources to opt out of interest-based advertising are available from the DAA at http://www.aboutads.info/choices/. You may opt out of tracking and receiving targeted advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at http://www.aboutads.info/appchoices. Please note that opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while visiting Sites and elsewhere online. In the European Union, please visit www.youronlinechoices.eu.

You may be able to opt out of the placement of certain cookies by configuring your browser settings or opting out directly with the party that operates and controls the cookie. Please check your browser settings for more information.

E-mails contain cookies that track whether you open our e-mails and whether you click any links within them. The cookies used in our e-mails to monitor these behaviors are unique to each e-mail and are not stored on your computer or mobile device.