Privacy Policy
This privacy policy (“Privacy Policy”) governs OptiFund.ai, part of Optival Ltd (“Company”, “we”, “our”, or “us”) Personal Data (as defined below) collection and privacy practices.
1 Introduction & scope of this Privacy Policy
This Privacy Policy applies to the websites and other digital assets that we own and operate (including landing pages and advertisements, collectively, the “websites”). Through the websites, we provide information about, and comparisons between, various goods and services offered by third parties, and may enable users to be redirected to third-party business partners’ websites where such goods and services are offered (each, a “Business Partner” and a “Business Partner Website”) (collectively “Services”).
This Privacy Policy provides the information and disclosure regarding the types of Personal Data collected from users when accessing, browsing or otherwise interacting with our website and Services, and any content available therein and other digital assets we operate (such as landing pages, ads, etc.) (collectively “websites”), including interaction with, the purposes for which we collect and use such Personal Data, the third parties with whom we may share it (and the purposes of such sharing), and your rights and choices regarding your Personal Data.
This Privacy Policy forms an integral part of our Terms of Service (“Terms”). Capitalized terms used but not defined in this Privacy Policy have the meanings given to them in the Terms.
2 Additional information for specific jurisdictions
This Privacy Policy further includes or incorporates specific information required under applicable data protection laws for residents of certain jurisdictions, among others:
- If you are located in the EEA or UK — this Privacy Policy further details our lawful basis for processing Personal Data, information regarding cross border data transfer and your rights, as well as additional information we are required to disclose to you under the EU/UK General Data Protection Regulations (“GDPR”).
- If you are a California resident — please also review Section 14.A of this Privacy Policy — Additional Notice to California Residents — which serves as a “Notice at Collection” as required under the California Consumer Privacy Act of 2018 (“CCPA”) effective November 2020, and further details the categories of information collected and additional information regarding our privacy practices, including your rights under the CCPA and other California privacy laws.
- If you are a resident of certain states in the US — including Colorado, Connecticut, Virginia and Utah, please review Section 14.B of this Privacy Policy — Additional Notice for U.S Residents — for additional information about privacy rights for residents of these U.S jurisdictions.
You acknowledge that you are not under any statutory obligation to provide us with Personal Data. However, if you will not provide us with certain Personal Data, we will not be able to provide certain features of our Services. For example, we must obtain your email address if you contact us, in order to communicate with you and in addition, certain cookies on our website are essential for the website to work properly while others intended to either improve our Services or assist in our promotional efforts, can be opted out. All as explained under this Privacy Policy. If you object to the collection of Personal Data we must obtain for certain Service, you have the option not to use such feature or to avoid from accessing our websites.
You are not legally required to provide us with Personal Data; however, if you choose not to provide certain Personal Data, we may be unable to provide certain features of the Services (for example, we may need your email address to respond to an inquiry). By accessing or using the websites or Services, you acknowledge that you have read and understood this Privacy Policy and agree to our collection, use, and disclosure of Personal Data as described herein. If you do not agree, do not access or use the websites or Services.
3 Policy amendments
We reserve the right to amend this Privacy Policy from time to time at our sole discretion. The most recent version will always be posted on the Website, with the update date reflected in the “Last Updated” heading. If changes are material, we will provide notice to you and, where required by applicable law, obtain your consent. Unless otherwise stated, any amendments to the current practices of Personal Data we hold will become effective within 7-days upon the display of the modified Policy. We recommend that you review this Privacy Policy periodically to stay informed about our current privacy practices.
4 Data controller & contact information
Optival Ltd. is the controller (as such term is defined under the GDPR or equivalent term under applicable data protections laws). This means we determine the purpose of means of the Personal Data we collected through your use of the website and Services.
If you have any questions, concerns or complaints regarding this Privacy Policy, or if you wish to exercise your rights, please contact our privacy team at: legal@optival.com
Data Protection Representative — For Data Subjects in the EU and UK
Company name: Prighter Group
Address: Schellinggasse 3/10, 1010 Vienna, Austria
Phone number: +43 1 9974124
Email address: dpo@prighter.com
5 The information we collect & purpose of collection
You can find here information regarding the types of Personal Data we collect, the purposes for which we process your Personal Data, as well as the definitions of “personal” and “non-personal” data and how such data is processed.
A. Types of information collected and the meaning of Personal Data
Under applicable data protection laws, “Personal Data” generally refers to information that identifies an individual or that could, with reasonable effort, identify an individual (for example, online identifiers such as an IP address or cookie identifier, as well as a name, email address, etc.). Personal Data may also include information related to your preferences and behavior (for example, inferences or profiles) where such information is associated with you or may be linked to you.
We may also collect “Non-Personal Data”, meaning information that does not identify a specific natural person and cannot reasonably be used to identify a specific natural person. This may include aggregated information regarding the use of the website and Services (for example, the number of users accessing our websites, click trends, territories, frequency, and time and date statistics), as well as technical information transmitted by your browser or device (for example, device type, browser type, and operating system). Such information is considered Non-Personal Data when collected on an aggregate basis or otherwise not combined with online identifiers or other information that can be used to identify an individual. If we combine Personal Data with Non-Personal Data, we will treat the combined data as Personal Data.
B. Source of Personal Data
Depending on your interaction with our website and Services, we will collect certain information, as further detailed below. We may collect such information by one or more of the following means:
- Automatic means and tracking technologies (such as cookies, pixels and tags — see the “Cookies and Similar Technologies” section of this Privacy Policy) implemented by us or by third parties, such as our service providers, Business Partners, and other third-party marketing partners whose services we use. This may also include “tracking links” implemented by us within Business Partner content displayed on our websites, which enable us and our Business Partners to know that a user (based on a unique online identifier) was directed from our website to a Business Partner’s website;
- when you voluntarily provide us your information, for example, when you contact us or complete a quiz; and
- from our Business Partners, mainly where you engage with such Business Partners after being directed from our websites.
C. Personal Data sets; purpose and use
|
Data set |
Purpose and operations |
Lawful basis |
|---|---|---|
|
Online Identifiers When you access our website and interact with our Services, we collect online identifiers such as your IP address, user agent, and cookie ID. We may also assign a unique identifier (a random combination of letters and numbers) to each user who accesses our website. A unique identifier may also be assigned when you interact with features that direct you to our Business Partner’s Websites through a tracking link (collectively, “Online Identifiers”). Location Data We may process your approximate location (for example, at the country level) derived from your IP address. Device Information We collect information transmitted from your device, such as the device type and model, device and application version, browser type, operating system, etc. Usage Data We collect information regarding your use of, and interactions with our website and Services — the pages you access and the content you interact with, click stream data, access and interaction timestamps, session duration, etc. We may store this information together with Online Identifiers, in log files (collectively “Usage Data”). Where the data types above — including Location Data, Device Information and Usage Data — are associated with Online Identifiers, we treat them as Personal Data; however we may also collect and use such information on an aggregated statistical basis, in which case it will not be considered Personal Data. |
These data sets are processed for the following purposes:
We may also use your unique ID or other Online Identifiers to track traffic flow from our website to our Business Partner’s website through tracking links, to manage our business engagement, analyze performance metrics, monitor business transactions, and track conversions. |
We use strictly necessary cookies to process these data sets for the proper operation of our website based on our legitimate interest. We will use other cookies to process these data sets for marketing and analytics purposes subject to your consent, provided through the cookie preference settings. You may withdraw consent at any time by using the cookie settings on our website. |
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Business Partners’ Engagement Data When you click on a Business Partner’s offer on our website and are directed to the Business Partner Websites, a tracking link may assign you a unique identifier. We will retain such action (i.e., the fact you clicked and were directed to the Business Partner’s Website). Depending on our commercial arrangement, the Business Partner may share with us information about your subsequent engagement — for example, whether you registered, made a purchase, opened an account, and, where applicable, the amount paid or deposited. |
We process these data sets to support our business operations. As explained in our Terms, we may receive advertising fees from our Business Partners when a user is redirected to a Business Partner’s Website and/or takes certain actions. We therefore process this data primarily to calculate and attribute advertising fees and to maintain records for accounting, audit, and other legitimate business purposes. We may also use these data sets on an aggregated basis to improve our content and campaigns and to generate insights about user satisfaction. |
We process these data subject to our legitimate interests. |
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Advertising Campaigns Interactions When we advertise our websites and the Services, we may use third-party providers or tools to manage and measure these campaigns. Through these tools, we collect information about the advertising interaction and subsequent activity, such as the ad or campaign you interacted with, the date and time of the interaction, the referring URL or sources, the pages you visit, and whether you subsequently engaged with a Business Partner after being redirected. |
We process these data sets to perform, facilitate and optimize our marketing campaigns, ad management and Services. |
We process these data sets based on your consent provided through the cookie preference settings. You may withdraw consent at any time by using the cookie settings on our website. |
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Contact Information & Communications If you voluntarily contact us in connection with your interest in our website, support, or other inquiries, you may be required to provide certain information such as your full name, email address (“Contact Information”), and any additional information you choose to share. We will process and retain our correspondence and communications (collectively, “Contact Communications Data”). |
We process these data sets for the purpose of contacting you and responding to your inquiries or providing the support or information you requested. Our correspondence may be processed and stored for record keeping purposes, to improve our Services, and where we reasonably determine it is needed for future assistance or to handle any dispute. |
When you voluntarily contact us, we process such Contact Communications Data based on your consent. In other cases, including for our internal record keeping purposes, it is processed subject to our legitimate interests. |
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Information You Provide in Connection with Advertiser Services If you choose to use any quiz, questionnaire, assessment, or similar feature that we make available in connection with Advertiser services, we may collect the information you provide — your preferences, responses, needs, goals, characteristics, financial information (if applicable), contact information, and other related information you choose to submit (collectively, “Advertiser Services Data”). |
We process these data sets to operate and provide Advertiser services and related interactive features, evaluate and analyze your responses and generate, display, or provide the most relevant match, recommendations, offer, service, or other content based on the information you submit. We may also use it to improve our Services, matching methodologies, analytics, and user experience. |
Where you voluntarily complete a quiz, questionnaire, assessment, or similar feature, we process the Advertiser Services Data you provide based on your consent. |
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Request for a Call Back or a Quote If you choose to complete and submit an online form on our website requesting that a Business Partner contact you or provide information or a quote, we may collect the information you provide in that form, including your Contact Information and any other information you choose to submit (together, “Call Back or Quote Request Data”). |
We process these data sets to identify the Business Partner we believe is most relevant to your needs. We will also share your Contact Information with the applicable Business Partner. If we do not have a concrete offer for you from a relevant Business Partner, we may retain your Call Back or Quote Request Data for up to one hundred and twenty (120) days from the date of collection in order to assess whether a relevant offer becomes available. Once we share your information with the relevant Business Partner, it will be processed in accordance with the Business Partner’s privacy practices. |
We process the information you provide when completing and submitting our online forms on the basis of your consent. You may withdraw your consent at any time by contacting us using the details set out in this Privacy Policy. |
6 Cookies and similar tracking technologies
We use cookies (or similar tracking technologies such as pixels, tags, web beacons, etc.) when you access the website or interact with the Services. The use of cookies is a standard industry practice. These technologies are small pieces of text or code, or other information, that a website stores on your computer, device, or browser when you visit the website. These tracking technologies can be used for various purposes, including enabling you to navigate between pages efficiently, for analytics and statistical purposes, and for advertising purposes. You can find more information about cookies at: www.allaboutcookies.org.
In addition, please see our Cookie Policy, which describes the cookies we use on our website.
A. Managing cookies and opting out
Other than cookies classified as essential or strictly necessary for functionality purposes, you can configure your cookie preferences and opt out of the use of certain cookies (or all non-essential cookies) at any time, using the cookie preference management tool on our Website or through your browser settings. Please note that if you disable cookies, certain services, features, and functionality may not be available to you or may not work properly.
7 Data sharing — categories of recipients we share Personal Data with
We share your data with third parties, including with trusted partners or service providers that help us provide and improve our Services:
|
Category of recipient |
Data that will be shared |
Purpose of sharing |
|---|---|---|
|
Business Partners |
Unique ID, Online Identifiers |
When you are directed to a Business Partner’s Website, we will share your unique identifier and may also, where necessary for fraud prevention, security compliance, etc., share your IP address or similar data. We share this data only for the purpose of our business operation and tracking conversion. |
|
Trusted agents and service providers |
All data, as needed and applicable to the services provided. |
We may disclose Personal Data to our trusted agents (such as counsel and advisors) and service providers (including cloud providers, CRM provider, security technologies providers, etc.) so they can perform the requested services on our behalf. These providers are prohibited from using your Personal Data for any purpose other than providing us with requested services and only have access to information strictly necessary. They are required to secure the data and use it for pre-agreed purposes only while ensuring compliance with all applicable data protection regulations. |
|
Subsidiaries and affiliated companies or any acquirer of our business |
All data |
We may share Personal Data internally within our group or in the event of a corporate transaction (e.g., sale of a substantial part of our business, merger, consolidation, or asset sale). In such event, our affiliated companies or acquiring company will assume the rights and obligations as described in this Policy. |
|
Advertising Partners |
Online Identifiers, Device, Location and Usage Data |
Where we use third-party advertising partner’s cookies or services (such as Google, social media, etc.), such third-party may independently collect Personal Data through tracking technologies and combine it with other information they have independently collected relating to your online activities across their network, for enhanced targeting and delivering personalized ads, as well as aggregated analytics. These third parties collect and use this information under their own privacy policies. |
|
Governmental agencies or disclosure due to a legal process |
Subject to law enforcement authority request. |
We may need to disclose your Personal Data to comply with legal obligations (including court orders and subpoenas), defend against potential, threatened, or actual litigation, or when we are legally obliged to share information with law enforcement. |
8 International data transfer
Due to our global operations and the location of our service providers (for example, cloud hosting and storage providers), any Personal Data we collect may be transferred to, stored, and processed in countries other than the country from which you accessed the Services. We transfer Personal Data in compliance with applicable data protection laws, and we take appropriate measures to ensure that your Personal Data receives an adequate level of protection. Such measures may include entering into contractual obligations and/or implementing other valid data transfer mechanisms approved or recognized under applicable law (such as the Standard Contractual Clauses), as applicable. Where required under applicable data protection laws, we will obtain your consent to such transfer.
9 Data retention
As a principal, we will retain the Personal Data we collect only for as long as reasonably necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, regulatory, administrative, recordkeeping, or financial obligations. The criteria we use to determine the applicable retention periods include the following:
- Type of Personal Data and purpose of collection: We consider how long we need to retain the Personal Data to achieve the purposes for which it was collected, as well as the nature and sensitivity of the Personal Data and the potential risk of harm from unauthorized access to, or use of, the Personal Data.
- Legal obligations: The retention period may also depend on the laws applicable to us and/or to the relevant processing activity, as under certain laws we are required to retain certain types of Personal Data. We may also retain Personal Data where required to do so pursuant to a binding legal request or court order.
- Disputes, claims, and legal proceedings: We may retain certain types of Personal Data if we reasonably determine it is necessary to protect our rights, enforce our terms and policies, or defend against threatened or potential claims. In the event of a dispute, including any legal proceedings, we will retain the relevant Personal Data for as long as necessary to resolve the dispute and comply with applicable legal obligations.
Based on the criteria set forth above, we determine when we no longer have a legal justification for retaining Personal Data, and, at the end of the applicable retention period, we will delete it or de-identify it so that it can no longer be associated with you by reasonable means. Except to the extent required by applicable law, we are not obligated to retain your Personal Data for any specific period of time, and we may delete it for any reason and at any time, without providing you with prior notice.
10 Security
We implement reasonable technical and organizational security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure, alteration, or destruction of the Personal Data we process or retain, in accordance with applicable laws. However, no security measures are completely fail-proof, and no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to protect Personal Data, we cannot guarantee that our Services, systems, or databases will be secure or immune from unauthorized access, hacking, malware, communications interception, or other security incidents. As the security of information depends in part on the security of the computer, device, and network you use, you should take appropriate steps to protect your information, such as using strong passwords, keeping your credentials confidential, and ensuring your software and security settings are up to date.
11 Your privacy choices & rights
You have certain choices, rights, and controls in connection with the Personal Data we collect about you or retain. Depending on your relationship with us and the applicable data protection laws in your jurisdiction, these rights may include one or more of the rights described below, and the ways you can exercise them.
You may submit a request to exercise most of your privacy rights under applicable privacy laws by contacting our privacy team at legal@optival.com. EU and UK residents may also submit their requests to our Data Protection Representative, as described in Section 4 above.
We will respond to and fulfill your request within the timeframe required under applicable laws. When you submit a request, we will take steps to verify your identity and your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information to verify your identity. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for denial and how to remedy any deficiencies, where applicable.
In addition, certain rights can be easily exercised independently by you without the need to contact us. For example, you can opt out of receiving our marketing messages by clicking the “unsubscribe” link; you can use the cookies preference management tool on our Website to change your preferences and opt out of cookies, including opting out of the “sale” of Personal Data.
Right to be Informed
You have the right to be provided with information regarding our Personal Data collection and privacy practices. All is detailed under this Privacy Policy; however, if you have any questions or require additional information, you may exercise your right by contacting us, as set forth above.
Access Right
You have the right to confirm whether we collect Personal Data about you, as well as to know which Personal Data we specifically hold about you and receive a copy of such or access it.
Right to Correction / Rectification
You have the right to request any incomplete or inaccurate Personal Data is corrected or deleted, taking into account the nature of the processing and the purposes.
Right “To Be Forgotten”, Right to Deletion
You have the right to request the erasure of certain Personal Data if specific conditions are satisfied. This right is not absolute. We may reject your request under certain circumstances, including where we must retain the data in order to comply with legal obligations or defend against legal claims, or other legitimate interests such as record keeping, completing transactions, detecting security incidents, or exercising another right provided for by law.
Right to Restrict Processing
You may be entitled to limit the purposes for which we process your Personal Data if one of the following conditions is satisfied: where the accuracy of the Personal Data is contested by you, for a period enabling us to verify accuracy; where the processing is unlawful and you oppose erasure and request restriction instead; where we no longer need the Personal Data but you require us to retain it for the establishment, exercise or defense of legal claims; or where you objected to processing pending verification of whether our legitimate grounds override your request.
Right to Data Portability
You have the right to receive a copy of your Personal Data in a portable format and, to the extent technically feasible, readily usable format that allows you to transmit the Personal Data to another entity without hindrance. We will select the format in which we provide your copy.
Right to Withdraw Consent; Right to Opt-Out / Opt-Out of Sale
Right to Withdraw Consent: when we collect and process your Personal Data based on your consent, you have the right to withdraw such consent at any time. Right to Opt-Out / Opt-Out of Sale: you have the right to opt out from receiving our marketing communications by unsubscribing through the message received. You further have the right to opt out of the “sale” of Personal Data (i.e., to opt out of targeted advertising by us). We do not profile you in a manner that has a significant effect on you or other individuals; therefore we do not provide an opt-out option from such use of Personal Data.
Right to Appeal or Lodge Complaint
If we decline to take action on your request, we will inform you as required under applicable laws, including a justification for declining. Under the GDPR you have the right to lodge a complaint with the applicable Data Protection Authority in the EU or the Information Commissioner in the UK.
12 Eligibility and children privacy
The Services are not intended for use by children (a “child” means an individual under the age defined by applicable law), and we do not knowingly collect or otherwise process Personal Data relating to children. If we become aware that we have collected Personal Data from a child, we will take reasonable steps to delete or de-identify such information as soon as reasonably practicable.
13 Links to other sites
Our websites and Services may include links to third-party websites, including Business Partners’ websites. If you click on a third-party link or enable a third-party connection, the relevant third party may collect or receive information about you, including through cookies or similar technologies. We do not control, and are not responsible for, the privacy practices of these third parties, and their practices are governed by their own privacy policies. If you wish to exercise your rights in relation to information processed by a Business Partner, you should contact that Business Partner directly.
14 Jurisdiction specific notices
A. Additional notice to California residents
This section applies only to California residents pursuant to the CCPA.
Please see the CCPA Privacy Notice which discloses the categories of “personal information” collected, purpose of processing, source, categories of recipients with whom the “personal information” is shared for a “business purpose”, whether the personal information is “sold” or “shared”, the retention period, and how to exercise your rights as a California resident.
B. Additional notice to U.S residents
Residents of certain U.S states (depending on the applicable state law, acting as an individual or in the household context only and not in a commercial or employment context) may have additional rights under applicable privacy laws and be entitled to additional disclosures.
“Personal Data” under applicable US privacy laws generally means any information that is linked or reasonably linkable to an identified or identifiable individual (and usually does not include publicly available information that is lawfully made available from government records, or that a consumer has otherwise made available to the public; de-identified or aggregated consumer information; or information excluded from the states laws scope, such as HIPAA, GLBA, non-profit entities, etc.)
“Sensitive Data” means data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation, citizenship, or immigration status; the processing of genetic or biometric data for the purpose of uniquely identifying an individual; Personal Data collected from a known child; and precise geolocation data.
We are required to provide you with a clear and accessible privacy notice that includes the categories of Personal Data processed, purpose of processing, instructions for exercising consumer rights and appealing decisions, categories of Personal Data shared with third parties, categories of third parties with whom data is shared, and any sale of data or targeted advertising.
Categories of Personal Data & categories of third parties with whom Personal Data is shared
In Section 5 to the Privacy Policy, we describe our collection and processing of Personal Data, the categories of Personal Data that are collected or processed, and the purposes for which Personal Data is processed, stored or used. We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without obtaining your consent, unless we are otherwise entitled, required or permitted under applicable laws. Additionally, Section 7 to this Privacy Policy details and discloses the categories of third-parties we share with for business purposes.
“Sale” of Personal Data
Under certain US privacy laws, the term “sale” may include disclosing or making available Personal Data to a third party in exchange for monetary or other valuable consideration, and in some cases may also include certain disclosures for targeted advertising. We do not “sell” Personal Data as that term is commonly understood, meaning we do not disclose your Personal Data to third parties in direct exchange for money. However, depending on the applicable law and the specific circumstances, our use of cookies and similar technologies and certain third-party advertising services, and related disclosures of Personal Data, may be considered a “sale” (or “sharing”) of Personal Data. The categories of Personal Data that may be disclosed for these purposes include: online identifiers (such as IP address and cookie ID); internet or other electronic network activity information (Device and Usage Data); and geolocation data (such as country-level location derived from IP address).
You have the right to opt out of such “sale” at any time by adjusting your preferences using the cookie preference tool available on our website.
Consumer rights related to their Personal Data
Residents of certain U.S. states may have additional rights under applicable privacy laws, subject to certain limitations, which may include:
- Access — the right to confirm whether we are processing their Personal Data and to obtain a copy in a portable and, to the extent technically feasible, readily usable format.
- Delete — the right to request us to delete their Personal Data provided to or obtained by us.
- Correct — the right to request us to correct inaccuracies in their Personal Data, taking into account the nature and purposes of the processing.
- Opt-Out — the right to opt out of certain types of processing, including: (i) the “sale” of their Personal Data; (ii) targeted advertising by us; and (iii) any processing of Personal Data for purposes of making decisions that produce legal or similarly significant effects.
Section 11 to this Privacy Policy provides additional information regarding your privacy rights.
Exercising consumer privacy rights
You may submit a request to exercise most of your privacy rights under applicable US privacy laws by contacting us at: legal@optival.com. We will take steps to verify your identity and your request by matching the information provided by you with the information we have in our records. Authorized agents may initiate a request on behalf of another individual, provided they supply proof of their authorization, and we may also require the individual to directly verify their identity and the authority of the authorized agent. We will respond within the timeframe required under applicable law, and we reserve the right to extend the response time subject to applicable law. If we refuse to take action on a request, we will notify you with a justification and instructions on how you may appeal. If the appeal is denied, you may submit a complaint to the applicable authority or Attorney General of your jurisdiction.