privacy policy

Last Updated: October 18, 2022

 

This is the Privacy Policy of Optimize Mind Performance, which applies to the website located at  <https://www.optimizemindperformance.com/>, the Optimize Mind Performance (OMP) App and any websites, subdomains, mobile versions, applications and services (collectively, the “Services”), which are operated by Optimize Mind Performance, Inc., Optimize Mind Performance Pty Ltd, and any of their affiliates  (“OMP,” “we” or “us”).

 

OMP is strongly committed to your right to privacy and to taking steps designed to secure your personal information. The intent of this policy is to fully disclose our privacy practices to you. We will only use your information in accordance with this Privacy Policy.

 

By using the Services, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended in our sole discretion from time to time.  If you use the Services after we have published such changes, you will be agreeing to be bound by those changes.  If you do not agree to be bound by this Privacy Policy at any time, you should not use the Services.

 

  1. Registration

 

You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to register with us. While individuals under the age of 18 (but not younger than 13) may use the Services, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to our Terms and Conditions. OMP does not seek through its Services to gather personal information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

 

  1. Introduction

 

This Privacy Policy explains the following:

 

  1. What information we collect about you and why;
  2. How we use information about you;
  3. How your information may be shared;
  4. How we store and process information about you;
  5. How long we may keep personal information about you;
  6. How you can opt-out from receiving communications from us;
  7. Cookies and our Analysis Tools;
  8. Information over the Internet and other Websites;
  9. Legal disclaimer; and
  10. How to contact us.

 

  1. What information we collect about you and why:

We may collect two types of information: personal information (“Personal Information”) and information that is not Personal Information. Please note that we do not sell your personal information to anyone.

 

What Personal Information Do We Collect?

 

  • When you use OMP’s services. We collect Personal Information such as your name, email address, age, gender, physical address, sport, personal health information, billing information and other information you provide to OMP when you create an account with us. We also acquire your Internet protocol address and/or mobile device identification, which certain jurisdictions consider to be Personal Information because it could be used to identify an individual or device if it were combined with other identifying information.

 

  • Customer Service Inquiries. We may capture user information when you send us questions or comments regarding the Services and other inquiries. Information collected in this manner will only be used to contact you and/or respond to your inquiry/issue.

 

  • Third-Parties. We may also obtain Personal Information about you through third party sources such as public databases, social media platforms and or affiliates.

 

  • Careers and Internship Opportunities. When you submit your resume via email, we may keep a record of your contact information and resume. We will use such information to respond to you.

 

  • Press and Media. We may capture your Personal Information when you contact us about press inquiries or opportunities to collaborate with OMP.

 

  • We generally do not request on or through the Services other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), or government-issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to verify your billing information.

 

  • We take reasonable precautions to protect the confidentiality and security of your Personal Information by using industry-recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your Personal Information within industry standards, we cannot guarantee its absolute security.

 

What Non-Personal Information Do We Collect?

 

  • Some of the information that we acquire cannot identify, distinguish or trace you or your device, even if combined with other identifying information, and some information that could be considered Personal Information when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your device, but is instead used in an anonymous way, often aggregated with other anonymous information about other users.

 

  • If your Personal Information changes, or if you no longer choose to use the Services, you can contact customer service via email at [email protected] to assist you with changes to your account. To the extent your account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

 

  1. How we use information about you:

 

We may use the Personal Information we collect in the following ways:

 

  • to create an account and to provide our Services;

 

  • to provide you with updates and relevant information about the Services, offers, promotions, news, events and other relevant information. Such direct marketing shall be sent in response to a request from you to receive marketing emails or similar communications. If you would no longer like to receive promotional emails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below;

 

  • to quickly process your requests for information and to allow us to respond efficiently to user questions;

 

  • to monitor the statistics in connection with the Services;

 

  • to respond to or satisfy legal requirements, such as a court order, a subpoena or a law enforcement agency’s or other public agency’s request;

 

  • to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using the Services, to help protect the security or integrity of the Services, or to enable us to take precautions against liability;

 

  • to provide information to service providers or such companies who provide support for the operations of the Services and who do not use or disclose the information for any other purpose; and

 

  • to allow us to disclose your information to the extent permitted by law.

 

  1. How your information may be shared:

 

Except as set forth below, we do not sell, trade, or otherwise transfer to third parties our users’ Personal Information unless we receive their consent. That being said, in the following situations, we may share Personal Information with outside parties:

 

  • Partners, Consultants and Service Providers. We may disclose Personal Information to our partners, third party consultants and service providers (such as psychologists, colleges and other educational institutions and their employees, providers of hosting, support, refunds, maintenance, third party payment processing agencies, and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us;

 

  • Enforcement of Rights/Security. We reserve the right to release Personal Information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other user agreements;

 

  • Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;

 

  • To Help Protect Minor Users of the Services. In the event that the safety of our users is threatened, and we are able to do something about that by sharing Personal Information with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using the Services, to help protect the security or integrity of the Services, or to enable us to take precautions against liability;

 

  • As Otherwise Allowed by Law. We may transfer Personal Information to third parties where we are expressly authorized by applicable law to do so;

 

  • Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties;

 

  • We may make available services such as blogs, message boards and chat functionality to which you are able to post information and materials.  Please note that any information you disclose through the Services becomes public information, and may be available to visitors and to the general public.  In addition, when you choose to make a posting via the Services, certain Personal Information will be available for other users to view.  We urge you to exercise discretion and caution when deciding to disclose Personal Information about you, or any other information, via the Services.  WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SERVICES; and

 

  • With your express consent.

 

  1. How we store and process information about you:

 

The Services are provided in the United States. In order to communicate with you about offers and opportunities, the information that we collect from you may be transferred to, stored, used and processed by OMP in the United States or one of our service providers based in the United States or outside of the United States.  Such entities may be engaged in, among other things: (i) preparing and sending notifications; (ii) the processing of payment details; and (iii) the provision of support services.

 

If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your Personal Information to the United States. The laws of some countries may not provide the same levels of protection of Personal Information as your home country, particularly if you are resident in the European Union.  By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy.  When you provide Personal Information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Services are offered from the United States.  We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers.

 

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF OUR SERVICES.

 

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

 

  1. How long we will hold Personal Information about you:

We will hold Personal Information about you on our systems for as long as is necessary for the relevant Service, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration, once an account is deleted, we will not use the Personal Information about you other than for administrative purposes.

 

  1. How you can opt-out from receiving communications from us:

At any time, you can add or remove your name from a OMP list by contacting us at [email protected]

 

We will endeavor to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from us, we will continue to send you transactional messages and important account-related information regarding the Services.

 

You may also manage your receipt of marketing and non-transactional communications by clicking on the “Unsubscribe” link located on the bottom of any OMP marketing email and following the instructions found on the page to which the link takes you. You cannot opt-out of receiving transactional e-mails related to the Services. Please allow us a reasonable time to process your requests.

 

  1. Cookies and our Analysis Tools

We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with the Services, and to and enhance certain activities available via the Services. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the Services. We may use persistent or not-persistent cookies. Users can remove or reject persistent cookies by following the directions provided in their Internet browser’s “help” file. If a user removes a persistent cookie or rejects persistent cookies, the functionality of the Services, or any part thereof, may be impaired or unavailable.

 

We use one or more third-party analytics services to evaluate your use of the Services, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections you visit, number of links clicked, search terms and other similar usage data), and to analyze performance metrics.

 

  1. Information over the Internet and other websites

The Internet is a global network and, therefore, there are times when information about you travels globally and may not always be completely secure.  If you provide us with information over the Internet, this will be at your own risk.  By using the Services, you agree and authorize us to process information in this way.  However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to information about you.

 

  1. Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error-free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your Personal Information.

 

Shine the Light Law

A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, which allows California residents to obtain a list of third parties to whom a business has disclosed Personal Information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information and by providing a cost-free means to exercise that right.

 

As stated earlier in this Privacy Policy, Personal Information submitted at the time of registration or submission will not be shared with third parties. If our policy changes, Personal Information will only be used for marketing and promotional purposes with your permission; and whenever a user agrees to allow us to collect Personal Information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to [email protected]

 

Because we include a comprehensive privacy policy and provide you with details on how you may opt-in or opt-out of the use of your Personal Information by third parties for direct marketing purposes, we are not required to provide you with the third-party list.

 

Contact

To contact use or remove your name from a OMP list, please email us at [email protected]

 

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