PRIVACY POLICY

Welcome to optimum‑holdings.com (the “Website”), which is owned, directly or indirectly, by OPTiMUM Holdings, LLC, or one or more of its direct or indirect affiliates, divisions, business units and subsidiaries (collectively “OPTiMUM,” the “Company,” “we,” or “us”).

By choosing to access and use the Website, you are deemed to have read, considered, understood and expressly agreed to be bound by this Privacy Policy and the Terms of Use. If you do not consent to the terms and conditions outlined in these documents in their entirety, your use of any part of the Website is not authorized. If you have any questions or comments, Section 14 of the Privacy Policy describes how you may contact us.

1. COMMITMENT TO PROTECTING PRIVACY

OPTiMUM recognizes and respects the privacy of the individuals whose personal information it collects, uses, and otherwise processes while conducting its business. OPTiMUM is committed to protecting personally identifiable information (“Personally Identifiable Information” or “PII”) that Website visitors may provide to us online. We have adopted this privacy policy (the “Privacy Policy”) to inform you of our firm commitment to the protection of the privacy and security of PII. The Privacy Policy describes the types of information we may collect from you or that you may provide when you use the Website; our practices for collecting, using, maintaining, and protecting such information; and the circumstances under which we may disclose such information to third parties.

2. AVAILABILITY, ACCESSIBILITY AND MODIFICATIONS

The Privacy Policy, together with the Terms of Use, is published on the Website. Together, they set forth the general rules and policies governing your use of the Website.

You may review the Privacy Policy at optimum-holdings.com/privacy-policy. You should review it periodically since it may change from time to time at our discretion and without notice. Any revised Privacy Policy will be effective immediately upon posting. The date on which this Privacy Notice was last revised is always included on the Privacy Policy page.

Each time you access the Website, you are deemed to have accepted the Privacy Policy in force at that time even if you do not specifically visit the Privacy Policy page of the Website. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY SUBSEQUENT REVISIONS, YOU MUST IMMEDIATELY STOP ACCESSING THE WEBSITE.

3. APPLICATION

This Privacy Policy applies only to:

a. information collected through the Website, including any services provided via the Website, and information exchanged by electronic mail (“e-mail”), Short Message Service (SMS) via a cellular network (“text message”), and other electronic messages between you and any part of the Website; and

b. any new internet properties that we may acquire from time to time.

This Privacy Policy does not apply to:

a. information collected offline or through other means such as other relationships or legal arrangements we may already have (or may eventually have) with you; and

c. personal information we collect regarding candidates for employment with OPTiMUM, for which we have a separate Applicant Privacy Statement.

4. INFORMATION WE COLLECT

Our Website typically collects two kinds of information about you:

a. Personally Identifiable Information (PII)

Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, telephone number, postal and e‑mail addresses, etc. As a general policy, to facilitate the use of advanced content, you must provide PII when registering to use certain features of the Website. Registering suppliers, vendors or contractors may also be required to provide a tax identification number.

b. Non-Personal Information

Our definition of non-personal information is any information that does not personally identify you. Non-personal information can include certain PII that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personal information about you from information that you provide us, either separately or together with your PII. We also automatically collect certain non-personal information from you when you access our Website. This information can include, among other things, IP addresses, the type of browser you are using (e.g., Microsoft Edge, Internet Explorer, Firefox, Safari, etc.), the third-party website whence your visit originated, the operating system you are using (e.g., Windows 10, Macintosh OS, etc.), the domain name of your Internet service provider (e.g., America Online, NetZero, etc.), the specific areas of the Website that you visit, and the duration of your visit.

5. SOURCES OF PERSONAL INFORMATION

a. Personal Information You Provide

OPTiMUM collects personal information about Website visitors when specifically and knowingly provided by such individuals for purposes disclosed or otherwise known to them when they provide their information. This includes, for example, voluntary submission of an e‑mail address for our newsletter list, sending us an e‑mail which includes personal information about you. Unless we explain otherwise at the time, providing personal information that we request is optional and disclosures are made voluntarily.

b. Automatic Collection of Personal Information

We collect certain information by automated means when you visit our Website. We log IP addresses, the type of operating system that the visitor’s computer uses, the type of browser software used by the visitor, and the pages accessed by the visitor.

We use this data, in aggregated form, to perform statistical analyses of the collective characteristics and behavior of our visitors and to measure overall user demographics and interests regarding specific areas of the site.

c. Collection of Personal Information from Third-party Sources

If you are involved in a business relationship with us, we may also obtain some limited information about you indirectly, for example when your colleagues give us your contact details and information about your role, or from publicly available sources such as the Internet and/or subscription-based services.

6. PURPOSES FOR USING PERSONAL INFORMATION

OPTiMUM does not trade, sell or rent personal information. We may use the information we collect about you for purposes which are made clear to you (or which you already know) when you provide your information or for the following purposes:

a. Business-related purposes

i. responding to and communicating with you about your requests, questions and comments;

ii. managing and developing our relationship with you and the organization that you represent;

iii. auditing and analyzing interactions with the Website;

iv. protecting the security and integrity of the Website and other information technology systems (including protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity);

v. debugging to identify and repair errors that impair intended functionality; and

vi. operating, evaluating and improving our business.

b. Legal and compliance purposes

i. protecting ourselves and our employees and business counterparties against fraud and other criminal activity, and co-operating with law enforcement and other regulatory agencies;

ii. exercising and defending our legal rights and legal claims made against us; and

iii. complying with our legal and regulatory obligations.

7. HOW WE USE AND SHARE THE INFORMATION COLLECTED

a. Personally Identifiable Information (PII)

The PII you submit to us is generally used to contact you or process your requests for information. If you become a registered user of the Website, the PII you submit to us will be used to identify you as user and to facilitate your access to advanced content. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information about OPTiMUM or affiliated companies.

In certain instances, we may also share PII with our third-party vendors performing functions on our behalf (or on behalf of our affiliated companies), e.g., companies that provide us marketing or promotional assistance, analyze our data, assist us with customer service, process credit card orders, etc. Our vendors agree to use the information we share with them solely for the purpose of carrying out our requests. Except as provided in the Privacy Policy or the Terms of Use, Personally Identifiable Information will not be shared or sold to third parties without your prior approval.

b. Non-Personal Information

We use non-personal information in a variety of ways, including to help analyze site traffic, understand customer needs and trends, carry out targeted promotional activities, and to improve our services. We may use your non-personal information by itself or aggregate it with information we have obtained from others. We may share your non-personal information with our affiliated companies and third parties to achieve these objectives and others. Aggregate information is always anonymous information that does not personally identify you.

8. OTHER USES & INFORMATION

a. IP Addresses

An IP address is a number that is automatically assigned to your computer whenever you connect to the Internet. Web servers (computers that host web pages) automatically identify your computer by its IP address. When visitors request pages from our Websites, our servers typically log the requesting IP addresses. We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Website. IP addresses are considered non-personal information and may also be shared as provided above. We reserve the right to use IP addresses and any personally identifiable information to identify a visitor when we feel it is necessary to enforce compliance with our Website rules or to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other visitors; or (d) in an emergency to protect the health and safety of our Website's users or the general public.

b. Cookies

i. Cookies Defined

A “cookie” (also known as an “HTTP cookie,” “web cookie,” or “browser cookie”) is a small piece of data in the form of a text file sent from a website and stored on a website visitor’s device. Every time the visitor loads the website, the browser sends the cookie back to the server to notify the website of the user's previous activity. Cookies themselves typically do not contain any Personally Identifiable Information.

To find out more about cookies, including how to see what cookies are set and how to manage them, visit www.allaboutcookies.org. You may also find it helpful to consult the documentation for your specific web browser, such as Microsoft Edge, Apple Safari, Google Chrome, Mozilla Firefox, etc.

ii. Purpose

Cookies were designed to be a reliable mechanism for websites to record visitors’ browsing activity including preferences (language, text size, color) button clicks, logging in, or recording which pages were visited as well as to remember stateful information such as items in a shopping cart.

Cookies make using our Website more convenient by, among other things, saving your preferences and passwords. We may analyze the information derived from these cookies and match this information with data provided by you or another party.

iii. Google Analytics

The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to analyze how visitors use the Website. Google Analytics employs cookies.

The information generated by the cookie about your use of the Website (including your IP address) are transmitted to and stored by Google on servers in the United States. Google uses this information to evaluate Website usage, compile reports on Website activity, and provide other services relating to Website activity and internet usage for us. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

By using the Website, you consent to the processing of data about you by Google in the manner and for the purposes set out herein.

iv. Opting Out

If you are concerned about the storage and use of cookies, you may refuse the use of cookies by selecting the appropriate settings on your browser. You may also be able to direct your internet browser to notify you and seek approval whenever a cookie is being sent to your device. You may also delete a cookie manually from your device through your internet browser or other programs. However, if you refuse to accept a specific cookie or choose to disable cookies entirely, the full functionality of the Website may not be available to you.

c. Electronic Communications

If you send us e‑mail with questions or comments, we may use your PII to respond to your questions or comments. Furthermore, we may save your questions or comments for future reference as well as for quality assurance and regulatory compliance purposes. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by e-mail. However, aside from our reply to such an e-mail, it is not our standard practice to send you e-mail unless you request a particular service or sign up for a feature that involves e-mail communications, it relates to an ongoing commercial relationship you entered into with us, we are sending you information about our other services, or you consented to being contacted by e-mail for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving e-mail communications from us; that is, agree to some communications but not others.

d. Transfer of Assets

As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the PII and non-personal information we have about you will be transferred to and used by this acquiring entity. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

e. Other

Notwithstanding anything herein to the contrary, we reserve the right to disclose PII or non-personal information about you if we are required to do so by law, with respect to copyright or other intellectual property infringement claims, or if we believe that such action is necessary to: (i) fulfill a valid government request; (ii) conform with the requirements of the law or legal process; (iii) protect or defend our legal rights or property, our Website, or other visitors; or (iv) in an emergency to protect the health and safety of our Website's users or the general public.

9. PUBLIC FORUMS

We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Websites can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of public forums. We may use Personally Identifiable Information and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to post or share publicly through our Website.

10. STORAGE & RETENTION OF PERSONAL INFORMATION

a. Storage

OPTiMUM uses third-party cloud storage providers to store data, such as company e‑mails, that may include your personal information. In such circumstances, these agents will not have access to Personally Identifiable Information other than to facilitate our storage and retrieval of that data.

b. Retention

We retain personal information in accordance with our records management policies unless we delete the information earlier at your request or retain it longer if required by law. You may contact us at privacy@optimum‑holdings.com for more information on record retention periods.

11. KEEPING PERSONAL INFORMATION SECURE

We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse, and alteration of the information under our control. Once we receive your transmission, we will use reasonable efforts to ensure its security on our internal systems. Depending on the nature of the inquiry, your communication may be archived or discarded.

While we strive to protect your Personally Identifiable Information and privacy, the transmission of information via the Internet is not completely secure, and circumvention of privacy settings or security measures contained on the Website may occur. Therefore, we cannot guarantee or warrant the absolute security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your PII. Any transmission of Personally Identifiable Information is at your own risk.

Please note that your e‑mails, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use e‑mail to communicate information to us that you consider sensitive or confidential. If you prefer, you may contact us instead by mail at the address provided in Section 14 of the Privacy Policy.

12. LINKS TO INTERNAL AND EXTERNAL WEBSITES

a. Internal Links

All pages that are part of our Website can be identified by confirming the Universal Resource Locator either in your browser’s address bar or in pop-up labels visible when placing a mouse pointer (or similar pointing tool) over a hyperlink. Our website addresses always begins with the following:

https://optimum‑holdings.com/…
https://www.optimum‑holdings.com/…
https://[subdomain].optimum‑holdings.com/…

b. External Links to Third-Party Websites

Our Website may link to or contain links to various websites or resources external to our Website (“Third-Party Website(s)” or “3PW(s)”).

Links to Third-Party Websites are identifiable by the presence of an adjacent  symbol. When you click on such links, you will be transferred away from our Website and connected to the organization hosting the website or resource that you selected. Links to 3PWs may also be contained in advertisements, including banner advertisements and sponsored links, in which case the symbol may not be present.

We do not necessarily control or maintain Third-Party Websites and are thus not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites. Such websites are not investigated, monitored, or checked for quality, accuracy, or completeness by us. The privacy practices employed by 3PW operators may differ from those in place for our Website. You assume sole responsibility for your use of third-party links. We are neither responsible for any content posted on third-party websites nor liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

Inclusion of any linked 3PW on our Website does not imply or express our approval or endorsement of the linked website or any of the content, opinions, products, or services provided by the 3PW. We accept no responsibility for any loss or damage that may arise from your use of a 3PW. If you decide to access 3PWs linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for those linked websites. We encourage you to note when you leave our Website and to read the privacy statements of all 3PWs before submitting any PII.

We exercise no control over linked sites even if an affiliation exists between the Website and a 3PW. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While we expect our business partners and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties.

13. SPECIFIC WEBSITE AUDIENCES

Some Website visitors are subject to specific considerations depending on certain factors:

a. Location

i. International Users Outside the United States of America

This Privacy Notice is governed by the laws of the United States of America, where the server and database facilities that operate the Website are located. We make no representation that any part of the Website is available or appropriate for use outside of the United States. Should you visit the Website from another country, your information may be transferred to, stored, and processed in the United States, where data privacy laws might not be as comprehensive as those of your country. By using the Website, you understand that your information may be transferred to our facilities and to those third-party contractors with whom we may share it in accordance with this Privacy Notice.

The primary language of the Website is English. Translations into other languages, if any, are provided for your convenience only.

ii. Residents of California, United States of America

The California Consumer Privacy Act (“CCPA”) affords specific rights to individuals who are residents of the State of California (“California residents”) who use or visit the Website. The Privacy Policy describes the categories of personal information we collect, or have collected, through the Website or in the course of our business in the preceding 12 months, the categories of sources from which personal information is collected, the purposes for which such personal information may be used, and the categories of third parties to whom personal information may be disclosed.

The CCPA rights of California residents are as follows:

1. Right to Request Deletion. You have a right to request that we delete your personal information from its records and direct any service providers to delete your personal information from their records, subject to certain exceptions.

2. Right to Request Information. You have a right to request that we disclose the following to you as it relates to the 12-month period preceding its receipt of your request: (i) the categories and specific pieces of personal information we has collected about you; (ii) the categories of sources from which your personal information is collected; (iii) the business or commercial purpose for collecting your personal information; (iv) the categories of personal information disclosed for a business purpose; and (v) the categories of third parties with whom we has shared your personal information.

3. Right to Request Information as to Sale or Disclosure for Business Purpose. We do not sell your personal information or disclose your personal information for a business purpose.

4. Right to Non-Discrimination. We will not discriminate against you for exercising your CCPA rights.

To exercise any of these rights, please send a request to privacy@optimum‑holdings.com with a preference on how our response to your request should be sent. You must describe your request with enough detail so we can understand and respond to it.

A verifiable consumer request is one made by an individual who is: (i) the consumer who is the subject of the request; (ii) a consumer on behalf of the consumer’s minor child, or (iii) by a natural person or person registered with the Secretary of State authorized to act on behalf of a consumer. We may request that you provide us with information to verify your identity and/or authority to act on behalf of a consumer. Personal information collected to determine whether your request is a verifiable consumer request will not be used for any other purpose. We will respond to your request within 45 days of its receipt, unless we notify you that we need more time.

The California Online Privacy Protection Act (“CalOPPA”) requires that we disclose how our Website responds to “do‑not‑track” requests, which can signal websites when visitors indicate they prefer not to be monitored. The Website currently do not respond to “do‑not‑track” requests.

b. Age

i. Children Under the Age of 13

No part of the Website is intended or designed to attract children under the age of 13. We do not collect personally identifiable information PII from any person we actually know is a child under the age of 13. If you are under the age of 13, do not use or provide any information on the Website or on or through any of its features, use any of the interactive or contact features of any part of the Website or provide any information about yourself to us, including your name, address, telephone number, e‑mail address or any screen name or username you may use.

If we discover that we have collected or received PII from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us by sending us an e-mail stating your request to privacy@optimum-holdings.com or contacting us in writing at the address provided below.

By using any part of the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any part of the Website.

14. CONTACT INFORMATION

You may contact us at the address provided below if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future promotional correspondence, including e-mails, from us or our affiliated companies; or (d) want to delete a user account you created by registering on our Website.

OPTiMUM Holdings, LLC
P.O. Box 381
Gates Mills, Ohio 44040-0381
United States of America
ATTN: Legal Department (W3-PP)

If applicable and appropriate, we will respond to you and make the requested change in our active databases as soon as reasonably practicable. Please note that, by us fulfilling opt-out requests, you may lose access to certain benefits, features and services offered on or through our Website.

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OH-W3-PP, rev.001 (2021-04-21)