We take user privacy seriously and want you to be informed. This Privacy Policy, which is incorporated into our Terms of Use outlines the privacy practices of Optimus GPS Tracking (“Optimus,” “Company,” “us,” “we,” or “our”) in connection with your (“you” or “your”) access to or use of our website, mobile app, services, and products (collectively, the “Service(s)”). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by our terms, including this Privacy Policy.

Table of Contents:

• Who are we?

• What does this Privacy Policy cover?

• How do we collect and use information?

• When do we disclose information?

• How do we use cookies and similar technologies?

• Do we sell information?

• How do we protect and transfer information?

• How long do we retain information?

• What are your privacy rights?

• Do we collect information about children?

• When do we collect sensitive information?

• Do we offer financial incentives?

• Do we respond to DNT signals?

• How do we update this Privacy Policy?

• How can you contact us?

Who are we?

Our Services include sale of GPS tracking-related devices (“Product(s)”), such as for your vehicles and assets. We also provide a mobile app software platform (“Platform”), to exclusively support the Products, accessible to users that have an active subscription and minimum system requirements, such as a minimum version of an operating system.

What does this Privacy Policy cover?

This Privacy Policy outlines how we collect, use, and disclose personal non-aggregated information of users. Please also see our separate Terms of Use, which incorporate by reference this Privacy Policy and which include definitions applicable to this Privacy Policy.

Unless otherwise expressly stated, this Privacy Policy does not apply to any third-party practices, websites, or services, whether or not used by our Services. Each third party will have its own privacy practices and policies, which you should review before using.

How do we collect and use information?

Generally, we collect information you provide when you use our Services, place an order, or provide information to us, including your name and contact information, transaction data, and account information. We also collect tracking and related information when you subscribe to and use our Platform, which provides subscription GPS tracking features. Like many companies, we may also collect internet and device information from cookies and other technologies when you use our Services, including our website.

We collect this information for our business purposes, namely, to provide and improve our Services and allow us to give support for sales and subscriptions, which may include promotions or other features. Part of this includes compliance with applicable laws, such as responding to legal processes, enforcing our rights, and protecting others. We may also use information for short-term, transient uses for example, interacting with you and to personalize your experience and communications. We use information for security purposes and to protect against harmful activity. Further, we may use information for debugging for functionality, auditing interactions, and internal research. Moreover, we may use information as otherwise instructed by you and with your consent. In addition, we collect information for commercial purposes, meaning to market our goods and services. For example, we may ask for reviews or collect internet and device data to better target advertisements to create a more personally relevant experience for our users.

We use information for the same reasons that we collect it. For example, we use information for business purposes, such as providing our Services and fulfilling your purchases, as well as commercial purposes, such as advertising offers to you.

Specifically, we collect the following information for the referenced purposes:

When do we disclose information?

We disclose information as follows and for the outlined purposes, which include business purposes to provide and improve the Services and comply with legal and contractual obligations, as well as commercial purposes, if indicated, such as to market our business.

• Our Respective Customers. If you are a customer, your personal and tracking information will be available through your Platform Account to provide the Services.
• Service Providers. We share information as necessary with our service providers and vendors to provide and improve the Services, including to fulfill your product and service orders. Service providers only use your information for a contracted-business purpose; and such disclosure is for our business purposes.
• Company Parties; Merger or Sale. We may share any information with affiliated companies that are related to us under a common ownership, if applicable, where they comply with this Privacy Policy. Such disclosure is for our business purposes, including to provide and improve our Services. Further, we may share any information as part of a sale, merger, acquisition, or other change in control or entity status, either in whole or in part. We reserve the right to transfer or assign your information as part of any such transaction or investigation.
• Cookies and Technologies. We may share information collected from cookies and technologies for our business purposes, in particular to provide you with the Services, as well as commercial purposes, such as to market to consumers that may be interested in our Services. For more information, see further below.
• Legal Process and Protection. For more information about legal process and related requests, see further below. For example, we may disclose information as necessary to comply with our legal obligations, such as to respond to court orders, subpoenas, warrants, and other legal processes; and we may disclose information when we believe it is necessary to investigate, prevent, or respond to illegal, fraudulent, or injurious actions or security incidents that may cause harm to us, the Services, or others, including in emergency situations. We may disclose information where necessary to investigate or enforce a violation of our Terms or legal rights.
• We may disclose information as requested or consented to by you. Such disclosure may be for any business or commercial purpose as described to you.

How do we use cookies and similar technologies?

As with many companies, we may use cookies, pixels, gifs, web beacons, log files, and/or similar technologies to automatically collect certain information when you use the Services or interact with our digital media content, such as when you visit our website. This allows us to compile aggregate data about website traffic and interaction and to customize better experiences. Specifically, we use cookies to help remember and process items in the shopping cart and to save user preferences, such as preferred language.

For example, when you use our website, your browser may automatically send certain device, browser, internet connection, and general geolocation information and certain internet activity information. There are different types of first-party and third-party cookies, which may be placed by us or third parties, including essential cookies that are required to display and provide the Services; preference cookies that are used to store preferences and improve user experiences; analytics cookies to determine how the Services are used and that often collect non-personalized information; and marketing cookies to deliver personalized and targeted advertisements that may be of interest to you and others, and which are used for business and commercial marketing purposes.

In particular, when you visit our website, we may use services of, and your device data may be shared with, Google, Meta fka Facebook, and Shopify. For more information, see e.g., Meta’s Privacy Policy at https://www.facebook.com/privacy/policy/ and Shopify’s Privacy Policy at https://www.shopify.com/legal/privacy. We use third-party advertising companies to display ads tailored to your individual interests based on your website activity and to provide related services such as analytics and research. Third parties, in turn, may use a cookie, web beacon, or other similar technology to collect information. See All about Ads at www.aboutads.info/choices. For example, we use Google cookies and tools, such as Google Analytics. For more information, visit the Google Cookie Policy at https://policies.google.com/technologies/cookies?hl=en-US, Google Analytics Opt-Out Browser Add-On at https://tools.google.com/dlpage/gaoptout, Ads Settings at https://adssettings.google.com/authenticated, and Google's Advertising Principles at https://support.google.com/adwordspolicy/answer/1316548?hl=en.  You can change your cookie settings in your internet browser and use device settings to manage your privacy controls. See also All About Cookies at https://www.allaboutcookies.org/. When you use our GPS Tracking Platform via our app, we do not use Google or Meta marketing cookies.

Do we sell information?

We do not sell personal information for any monetary consideration. We may participate in targeted ads, also called online behavioral advertising, using cookies and technologies. Under some privacy legislation, this may constitute “selling” of personal information, such as for business purposes (e.g., providing our Services) and commercial purposes (e.g., other marketing). To opt out of these practices, contact us as outlined below or see our Do Not Sell or Share My Personal Information link, or equivalent, if applicable.

How do we protect and transfer information?

We take efforts to employ technical, administrative, and physical security measures for personal information, taking into account reasonable security procedures and accessible technology. However, no system can be completely secure; and we cannot promise, and you should not expect, that your personal information will always remain secure. Your provision of personal information is at your own risk. The safety and security of your information also depends on you. Take steps to safeguard your passwords and other data and notify us as soon as possible if you believe your account security has been breached.

As noted, we use the Shopify platform. Our Services are designed for users and data in the United States, and information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using the Services, you authorize and specifically consent to the transfer of personal data to the United States and its storage and use as specified in this Privacy Policy.

How long do we retain information?

We retain personal information for the length of time necessary to fulfill the purposes outlined in this Privacy Policy, unless a different retention period is requested by you or required or permitted by law. For example, we will retain your personal information for as long as it is needed to provide you with the Services or fulfill a legal or contractual obligation. Generally, we retain tracking history for one year, subject to exceptions and applicable laws. We may also aggregate or deidentify information for use in analytics, such as to analyze trends over periods of time without specifically identifying you.

We use the following criteria to determine how long we retain personal information: (a) our relationship with you, such as if there is an open contract or account, or a pending transaction or request; (b) legal obligations to retain personal information for certain purposes, such as to maintain transaction records; and (c) other obligations or considerations relating to the retention of data, such as contract requirements, litigation holds, investigations, or statutes of limitation. 

What are your privacy rights?

We value consumer privacy rights and strive to provide flexibility with how your personal data is used and shared. If you want to make a privacy request or have any questions, please contact us through our website or email us at legal@optimustracker.com with your name and email address, or other identifier used in connection with our Services so that we can verify your request. If an authorized agent is making a request on your behalf, the agent should provide its name and contact information, such as an email address, in addition to your information. There may be situations where we cannot grant your request; for example, if you make a request and we cannot verify your identity, or if you request deletion of data that we have a legal obligation to keep. Where we deny your request in whole or in part, we will take steps to inform you of the denial and provide an explanation of our actions and the reasons for the denial.

Applicable privacy laws have different requirements and depend on various factors, such as where you live and how much revenue or data is at issue. Generally, we adhere to the following set of privacy rights to the extent applicable and subject to any limitations authorized by law.

• You can access and obtain your data and ask us for certain information, including: the categories of personal information collected and used; the categories of the sources of data; the business or commercial purposes for collecting, selling, or sharing data; the categories of third parties to whom data is disclosed; and the specific pieces of personal information collected. You also have a similar right to data portability (the ability to export, back up, and transfer data).
• Amend. You can amend, correct, or rectify your data if it is inaccurate.
• Delete. You can have your data deleted subject to certain legal limitations.
• You can limit the processing of your data, in particular any sensitive data.
• Opt-Out. You have the right to opt-out of certain data practices. For example, you can unsubscribe from marketing communications by following the opt-out instructions in each message or by contacting us as outlined in this Privacy Policy (please note that we may still send non-marketing messages, and that consent to receiving marketing communications is not mandatory to use the Service). You may also opt out of the “sale” or “sharing” or your personal information to the extent applicable. Please see our Do Not Sell or Share My Personal Information link. You may opt out of the use of automated decision-making technology if applicable.
• You have the right to make certain complaints, including for privacy concerns. We value your feedback and seek the opportunity to work with you on any issues. You have the right to no discrimination for asserting your privacy rights.
• Specific State Laws. Several states have enacted privacy laws that may apply to you, depending on the circumstances. For example, the California Consumer Privacy Act (“CCPA”), amended by the California Privacy Rights Act (“CPRA”), governs certain California-related conduct. Under California’s “Shine the Light” law, California residents may also request certain information regarding our sharing personal information with third parties for their direct marketing purposes. Further, if you are a California resident under the age of 18, California Business & Professions Code Section 22581 permits you to request and obtain removal of content you have publicly posted (but does not ensure complete removal of public content).
• Other Laws. Depending on where you live, you may have the right to access your own information that we hold; to ask that your information be corrected, updated, or erased; and the right to object to, or request that we restrict, certain processing of your information. Our legal basis for collecting and using your personal data is your consent, the fulfillment of our obligations pursuant to the contract created between you and us, or where the collection and use is in our legitimate interests and does not violate your data protection interests or fundamental rights. You may withdraw your consent to our collection and use of your personal data. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your information used in reliance on lawful processing grounds other than consent. If certain other privacy laws apply to you that provide you with additional rights, please contact us to make a request.

Do we collect information about children?

No, our Services are not intended for use with children, and we do not knowingly collect any personal information about children under the age of 13 without the verifiable consent and request of the parent or guardian. If we obtain actual knowledge that we have collected such information, we will delete it from our database. We have no such information to use or to disclose to third parties or to otherwise report, including under the Children’s Online Privacy Protection Act (“COPPA”). We do not have actual knowledge of selling or sharing the personal information of consumers under the age of 16.

When do we collect sensitive information?

If you subscribe to our GPS Tracking Platform, we collect and use your geolocation data as tracked with your Products. We do this to perform the services reasonably expected by the average user who uses these Services and to perform our service provider role in servicing accounts and processing and fulfilling orders. As authorized, we may also use information as reasonably necessary and proportionate to (a) detect security incidents, (b) resist malicious, deceptive, fraudulent, or illegal actions, (c) ensure physical safety of natural persons, (d) for short-term use where there is no disclosure or profiling, and (e) to verify or maintain the quality or safety of a service or device or to upgrade, enhance, or improve it.

Do we offer financial incentives?

From time to time, we may offer incentives related to the collection, retention, or sharing of information that may be deemed a “financial incentive” or “price or service difference.” If you opt in to such an offering pursuant to the terms described at the time of signup, we may collect information such as name and contact information and other information as disclosed. Any difference in price or rate, such as a discount, will be reasonably related to the value of the data. If you want to withdraw from the offering, please contact us.

Do we respond to DNT signals?

We generally do not recognize DNT (Do Not Track) requests. DNT is a feature that, when enabled, sends a signal to websites to request that your browsing not be tracked.

How do we update this Privacy Policy?

We will update this Privacy Policy when our privacy practices change or as otherwise required or permitted by law. Each time you use the Services, the current version of this Privacy Policy will apply. Unless we receive your express consent, any revised Privacy Policy will apply only to information collected after the effective date of the revised Privacy Policy.

How can you contact us?

Please contact us with any questions or concerns! We can be reached at:

legal@optimustracker.com

(855) 893-0707

Last Updated: February 9, 2023