Privacy Policy

Effective date: August 20, 2021

This Privacy Policy describes how optimyze.cloud Inc. (“optimyze”, “we” or “us”) treats personal information submitted to its online software-as-a-service for cloud service usage metrics and analytics (the “Hosted Service” as described in our Hosted Service Terms at https://run.prodfiler.com), and collected through our websites at https://optimyze.cloud and https://prodfiler.com (the “Website”).

By using or accessing the Hosted Service or the Website in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of the Hosted Service is at all times subject to our Hosted Service Terms, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Hosted Service Terms (https://prodfiler.com/term-of-condition).

If you have any questions or concerns about our Privacy Policy, please send a detailed message to privacy@optimyze.cloud, and we will try to resolve your concerns.

Definitions

As used in this policy:

  • “personally identifiable information” means information that can be directly associated with an individual and includes payment information, names, addresses, telephone numbers, email addresses and other contact information.

  • “personal information” means personally identifiable information, together with information indirectly associated with an individual, such as IP addresses, pseudonymous identifiers, etc. and other information associated with that individual that is indexed to any of the foregoing.

Other terms are defined elsewhere in this Privacy Policy or in the Hosted Service Terms (https://prodfiler.com/term-of-condition ).

Persons Covered by this Privacy Policy

This Privacy Policy covers the personal information of anyone who visits our Website or uses our Hosted Service. More specifically, it covers the personal information of:

  • visitors to our Website or people who correspond with us through our Website outside of our Hosted Service; and

  • users of the Hosted Service.

Enterprise Users

If you are an employee or contractor of a company to which we provide our Hosted Service, then our obligations to you may be controlled by a separate written agreement which may have terms which are different from this Privacy Policy. That agreement is between us and the relevant company, and any questions about the specific terms of that agreement should be directed to an appropriate person in authority in that company. In this case, you should also be aware that the company with which we have an agreement may, and likely will, provide personal information about you to us, and will require that most notifications which we would normally provide to you directly will be provided to the company.

Information You Knowingly Provide to Us

Correspondents

If you correspond with us outside of the use of the Hosted Service through a web form, survey response, email or otherwise, we will collect and retain your correspondence like any other ordinary business correspondence, subject to the information retention policies and legal requirements applicable to us and standard in our business.

Users

In order to provide the Hosted Service, we receive and store the personally identifiable information you knowingly provide to us. Establishing an account for the use of the Hosted Service currently requires only a valid email address and a password.

We will also collect and retain the Customer Data you collect through your use of the Hosted Service and Local Agent (i.e., cloud service metrics and analytics), subject to the Hosted Service Terms, and the information retention policies and legal requirements applicable to us and standard in our business. The Customer Data is associated with the email address you use to establish your account.

Information Collected Automatically

Log Data

Whenever you interact with our Website or Hosted Service, our servers automatically receive and record information from your browser or device (“Log Data”), which may include some personal information, but not personally identifiable information. Log Data includes information like your IP address, the type of browser and/or device you’re using to access the Website or Hosted Service, the capabilities of that browser or device, and the page or feature you requested. Log Data, together with the information that we collect through the Tracking Mechanisms, comprise “Analytic Data”.

Tracking Technologies

We, and third parties with whom we interact, including our third-party service providers or business partners, may use cookies, web beacons, and similar technology in connection with your use of the Website or Service (collectively referred to in this policy as “Tracking Mechanisms”). Cookies are small text files that may have unique identifiers, and reside, among other places, on your mobile device or your computer. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data.

If Tracking Mechanisms are used, they may be used to collect information about you and your use of our Website and Hosted Service, such as your browser type, and the date and time of your use. Tracking Mechanisms may also be used in order to help us learn more about how users engage with the Website and Hosted Service, enable Hosted Service features and processes (like enabling you to return to password-protected areas of the Hosted Service without having to re-enter your password), provide authentication and security for your use of the Hosted Service, or store your preferences.

Specific Service Providers

Our third-party analytics service providers include Google Analytics. For Google’s privacy practices see www.google.com/analytics/learn/privacy.html. To opt out of data recording and analysis by Google Analytics, see https://tools.google.com/dlpage/gaoptout.

Disabling Cookies or Web Beacons

It may be possible to disable cookies through your device settings. Most browsers allow disabling either third party cookies or all cookies. The method for disabling cookies may vary by device, but can usually be found in preferences or security settings. However, doing so may cause portions of the Website or Hosted Service to not function, or to function improperly, or otherwise affect your ability to use the Website or Hosted Service. You may also disable web beacons by disabling HTML images in your email program, which may in turn affect other images in emails you receive.

Do Not Track

The Website and Hosted Service do not respond to the Do Not Track setting in your browser. We do not ourselves use cookies to collect personally identifiable information and track users' online activities over time (except specifically in the Hosted Service for the purposes we describe above) or across different web sites. However, certain of the third party analytics or advertising providers we use (e.g., Google) may be able to do so, though we do not have access to or control of that information. For information regarding Do Not Track mechanisms, see http://allaboutdnt.com.

Use and Sharing of Personal Information

Generally

We use the information we collect to provide, maintain and improve the Website and Hosted Service. Uses of personal information for those purposes are:

  • to provide the Website and Hosted Service to you, including administering and operating the Website and Hosted Service and providing technical support to you, and making the Website and Hosted Service better and more secure;

  • to analyze the use of the Website and Hosted Service so that we can improve them;

  • for research, planning, and troubleshooting problems;

  • to process transactions for the provision of the Hosted Service;

  • for users of the Hosted Service, to send you any emails or other communications relevant to your use of the Hosted Service, including updates to the Hosted Service, opportunities to learn more about using the Hosted Service, to respond to your inquiries, to provide operational or legal notices, or to send reminders, customer surveys, or other communications you have requested that we send;

  • For correspondents who have provided their contact information to us through the Website or otherwise outside the Hosted Service, we may email you about the Hosted Service including new features or options in which you may be interested, opportunities to learn about the Hosted Service, or to respond to your inquiries;

  • for recruitment purposes, where you apply for a job with us;

  • for general business purposes, including to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs), to better understand our users, to protect against wrongdoing, to enforce our Hosted Service Terms, and to generally manage our business; and

  • as otherwise described in this Privacy Policy

If you do not want to receive communications from us, please indicate your preference by emailing [privacy@optimyze.cloud], using an opt-out link in the email, or in the future by changing your preferences in your Hosted Service account. We do not presently allow opt-out from emailed administrative and legal notices.

Third Party Vendors

In order to provide the Website and Hosted Service, we may disclose your personal information including personally identifiable information to trusted third party vendors working for us in connection with the operation of our Website and Hosted Service and our business, including payment processors, cloud hosting services, off-site backups, email service providers, security vendors, data analysis vendors, and customer support providers. Those vendors will use the information only to provide services to us and will keep the information confidential.

Social Media Services

When we interact with you on social media services, the information you share with us which can be seen by anyone other than you, us and the relevant social media service is not covered by this Privacy Policy. Only information you share with us privately (i.e., through direct messages, private chat, etc.) is covered by this Privacy Policy. Any personal information you may make available in communications with us in publicly viewable areas of social media platforms is public by design. Do not share any personal information in those services that you do not want to be made public.

Analytics Data

optimyze uses the Analytics Data to enable us to figure out how often users use parts of the Website or Hosted Service, so that we can customize and improve the Hosted Service and Website. As part of our use of such information, we may provide such Analytics Data to our partners (only in a de-identified and aggregated format) about how our users use the Hosted Service. We may link Analytics Data to personal information that we collect through the Hosted Service, but we will only use the information in this form internally (for example, to customize your experience), and will not disclose it in linked format to third parties.

Business Transfers

Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change of control. If we sell, merge or transfer any part of our business, part of the sale may include your personal information.

Protection of optimyze and Others

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with applicable law, rule regulation, subpoena or other legal process; enforce or apply our Hosted Service Terms and other agreements; or prevent illegal activities and/or protect the rights, property, or safety of optimyze, our employees, our users, or others.

Occasionally, at our discretion, we may link to third party products or services on our Website or within the Hosted Service. If you access other websites using the links provided, the operators of these websites may collect information from you that will be used by them in accordance with their privacy policies. These third party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Security

We endeavor to protect the privacy of your account and other personal information we hold in our records, and we use industry standard data security measures to protect your personal information. Unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information.

Your Hosted Service account is protected by a password for your privacy and security, and you select that password, so we encourage you to select a strong password. You should prevent unauthorized access to your Hosted Service account and the personally identifiable information in that Hosted Service account by selecting and protecting your password and/or other sign-on mechanism appropriately, not sharing those sign-on credentials with anyone, and limiting access to your computer or device and browser by signing off after you have finished accessing the Hosted Service.

Your Login ID and Password.

You are responsible for maintaining the security of the email address you use for your Hosted Service account and your password or other login credentials. You may not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately at [prodfiler-support@optimyze.cloud] and you should change your password immediately via the Hosted Service. We are not responsible if someone else accesses your Account through login credentials they have obtained from you or through a violation by you of this Privacy Policy or the Hosted Service Terms.

Opting Out; Terminating Your Account; Retrieving, Changing and Deleting Information

You can opt out of most communications from us by so indicating in the relevant part of your Hosted Service account profile, by clicking the opt-out link in emails, by emailing us at [privacy@optimyze.cloud] or by other methods that we may provide which match the communication method. As long as you have a Hosted Service account, we will need to send you certain administrative communications, so you can’t opt out of receiving those communications.

For personally identifiable information collected through the Website (e.g., by signing up for a mailing list), please contact us at [privacy@optimyze.cloud] if you would like us to delete that information. Through your Hosted Service account settings, you may access, and, in some cases, update or delete the personally identifiable information in your Hosted Service account.

You may request termination and deletion of your Hosted Service account by contacting us at [prodfiler-support@optimyze.cloud]. After termination and deletion:

  • We may use aggregated or de-identified information derived from your personally identifiable information after you update or delete it, but not in a manner that would identify you personally.

  • Your data may also remain on a backup server or media until we overwrite it or delete it according to our standard practices. optimyze keeps these backups to ensure our continued ability to provide the Hosted Service in the event of malfunction or damage to our primary production servers.

  • We may also retain Hosted Service account information and related transaction records as required of us or our partners by applicable law or regulations or to comply with law enforcement.

The information you can view, update, and delete may change as the Hosted Service changes. We store Analytics Data and information collected through the Website separately from the information stored in the Hosted Service. We have no meaningful ability to provide you with information concerning Analytics Data. If you have any questions about viewing, updating or deleting information we have on file about you, please contact us at [privacy@optimyze.cloud].

United States Operation

As a matter of our practices and policies, we adhere to the principles set out the European Union General Privacy Directive (“GDPR”), but the Website and Hosted Service are operated from the United States, and the privacy laws of the United States may not be as protective as those in your jurisdiction. If you are located outside of the United States and choose to use the Website or Hosted Service or provide your information to us, you agree that your information will be transferred, processed, and stored in the United States. Your use of the Website or Hosted Service represents your agreement to this practice.

Under applicable laws of various countries or US States, you may have certain rights concerning your personal data, such as under EU or California law, the right to access to, rectification or erasure of, and/or restriction of processing or objection to processing of your personal data. If you are a resident in the European Union, you also have the right to at no cost to lodge a complaint with EU data protection authorities. This right may also exist in other countries.

For the purposes of the GDPR, we act as a data controller for the personal data which we collect directly from users who interact with us outside of an agreement we have with school or school district, but we act as a data processor for the personal data which we collect and process as part of our agreement with a school or school district. We have established an individual within our executive team as our data protection officer, who can be reached at [privacy@optimyze.cloud].

No Users Under 16

We do not knowingly collect or solicit personally identifiable information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Hosted Service or send any personally identifiable information about yourself to us. If we learn that we have collected personally identifiable information from a child under age 16, we will delete that information as quickly as possible, subject to subject to the information retention policies and legal requirements applicable to us and standard in our business (for example, we must retain the records of any transactions conducted using our Hosted Service). If you believe that a child under 16 may have provided us personally identifiable information, please contact us at [privacy@optimyze.cloud]. 

Changes to this Privacy Policy

We update this Privacy Policy periodically. The date last revised appears at the top of the Policy. We encourage you to periodically review this page for the latest information on our privacy practices. If we make material changes to this Privacy Policy, a notice will be posted on the Hosted Service, a notification of the change will be posted in the Account login screen, and if we have your email address, we will attempt to reach you at that email address to inform you that the Privacy Policy has been changed. You are deemed to accept and agree to be bound by any changes to the Privacy Policy when you use the Website or Hosted Service after those changes are posted.

Contacting Us

If there are any questions regarding this Privacy Policy we may be contacted using the information below.

privacy@optimyze.cloud

optimyze.cloud Inc.

2815 Elliott Ave Suite 100, Seattle, WA 98121, United States