OmniOn Power Privacy Statement

Last updated: October 31, 2024

OmniOn Power Holdings Inc. and its subsidiaries worldwide (collectively, “OmniOn”, the “Company”, “we”, “us”, “our”), takes your privacy seriously. This Global Privacy Statement (“Statement”) describes how we collect, use, disclose, transfer across borders, and otherwise handle (collectively, “process”) your personal data. This Statement also describes your choices regarding our handling of your personal data and how to make those choices, how we safeguard your personal data, and how you may contact us regarding our privacy practices.

The term “personal data” as used in this Statement means, unless specified otherwise, any information related to or about an identified or identifiable natural person.

This Statement contains the following sections:

1. Scope of this Statement
2. Personal Data We Collect
3. Cookies
4. Sources of Personal Data
5. How We Use Personal Data
6. How We Disclose Personal Data
7. Cross-Border Data Transfers
8. Data Security
9. Retention of Personal Data
10. Data Rights Specific to Your Region
    1. California
    2. Non-U.S. Jurisdictions
11. Contact Us
12. Changes to the Statement

California Notice at Collection

The Company collects the categories of personal data identified in Section 2 (Personal Data We Collect About You), below, for the purposes identified in Section 5 (How We Use Your Personal Data), below, and retains personal data for the period described in Section 9 (Retention of Personal Data), below. We do not, and will not, sell your personal data or disclose it to third parties for cross-context behavioral advertising (“sharing”). In addition, we have no actual knowledge that we sell or share the personal data of individuals of any age, including the personal data of children under 16. We also do not collect or process sensitive personal data for the purpose of inferring characteristics about you.

Consent for Cross-Border Data Transfer

By using the Site or providing your personal data to OmniOn, you consent to the transfer of your personal data to the United States, as described in Section 7, below. You have the right to withdraw your consent at any time.

1. Scope of this Statement

This Privacy Statement applies to the personal data of individuals (“you”, “your”, or “yours”) collected by OmniOn, including the personal data collected when you visit our website www.omnionpower.com as it may be modified, relocated and/or redirected from time to time (the “Site”). This Privacy Statement does not apply to the personal data of individuals in their capacity as prospective, current, or former employees, contract workers, board members, or owners of OmniOn, or their emergency contacts, dependents, or beneficiaries. This Statement also does not apply to personal data that we process in our role as a data processor to our clients on their behalf and under their instructions.

Identification of the Data Controller: The OmniOn entity whose website or physical location you visit, event you attend, or service you use also is responsible for the processing of your personal data collected in relation to the visit, event, service, or business relationship (“data controller”). A full list of the OmniOn entities is available here: https://www.omnionpower.com/contact-us/locations.

Third-Party Sites: The Site may include links to, and plug-ins from, sites or applications operated by third parties (“Third-Party Sites”). OmniOn does not control any Third-Party Sites and is not responsible for any personal data they may collect. The information collection practices of Third-Party Sites are governed by their privacy policies. If you choose to enter any Third-Party Site from this Site, please refer to that site’s privacy policy to learn more about that site’s processing of your personal data.

NOT INTENDED FOR CHILDREN

We do not collect information from anyone under 16 years of age. The products and/or services we provide, together with our Site, are all directed to individuals who are at least 16 years old. If you are under the age of 16, you are not authorized to use our services or the Site.

2. Personal Data We Collect

The types of personal data we collect will vary depending upon the reason that you are interacting with us and may include the following:

1. Identifiers, for example: real name, alias, telephone number, postal address, and e-mail address.
2. User Content, includes content you submit when you contact customer service or otherwise contact OmniOn. This may include recordings you create, including audio recordings or voicemail you submit in connection with customer service.
3. Communications Data, for example: during our communications with you, we collect the content of these communications as well as metadata about the communications, i.e., date and time of the call or text (SMS or MMS) message and phone numbers.
4. Internet or Other Electronic Network Activity Information, for example: information about your usage of the Site, such as the pages you viewed, the services and features you used or interacted with; internet protocol (IP); and operating systems and platform to the extent related to an identified or identifiable individual.
5. Geolocation data, for example: when we collect IP addresses, we can sometimes ascertain your region from the IP address.
6. Professional Information, for example: business contact information and title.

If you provide us with personal data relating to other people (e.g., a colleague, a business contact, etc.), we will process that information in accordance with this Statement. You are responsible for the accuracy of such information and for ensuring that those people are informed that you provided their personal data to OmniOn and that we will process their personal data in accordance with this Statement.

3. Cookies

A. What are cookies?

Cookies are small files that are downloaded to your device when you visit a website. The cookie then sends information back to the originating website or to another website that recognizes that cookie.

Cookies are useful because they allow a website to recognize a user’s device. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. You can find more information about cookies at: www.allaboutcookies.org.

B. Cookies we use and why we use them

1. Categories of cookies

Our cookies categorized by function:

We may use up to five types of cookies on our Site:

• Essential Cookies - These are cookies that are strictly necessary for the functioning of the Site or for performing services that an individual user has requested. Some examples of functions performed by essential cookies are cookies that remember previous actions (e.g., entered text) when navigating back to a page in the same session.
• Analytical Cookies - These cookies, sometimes called “performance cookies,” collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies are used only to improve how the Site functions.
• Functional Cookies - These cookies allow the website to remember choices users make and to provide enhanced, personalized features. For example, these cookies could remember users’ language preferences.
• Targeting / Advertising cookies - Targeting/advertising cookies are cookies used to deliver advertisements relevant to the user. For example, we may use cookies that remember what you viewed on our Site in order that we may serve you relevant advertisements for products that might interest you. We also may use cookies that tell us whether you’ve seen an advertisement and interacted with it, for example, by clicking on it.
• Social Sharing cookies - These cookies provide access to social networks and may collect personal data in relation to the user’s use of these networks. For example, we could use cookies that share with other people in your Facebook network that you have visited our Site.

Our cookies categorized by persistence:

Cookies can also be categorized by how long they remain on your device. There are two broad categories of duration:

• Persistent cookies - Persistent cookies remain on your device until deleted manually or automatically.
• Session cookies - Session cookies remain on your device until you close your browser when they are automatically deleted.

We use both persistent and session cookies. Our persistent cookies last no longer than fourteen (14) months.

Our cookies categorized by who places them:

First-party cookies are cookies that we place on the Site. In contrast, third-party cookies are cookies placed by another party.

We use first-party cookies. In addition, OmniOn has relationships with business partners to place cookies on the Site and to perform tracking and reporting functions for the Site.

2. Other types of trackers - We include small graphic images or other web programming code, called web beacons (also known as "pixel tags", “web bugs” or "clear GIFs"), on the Site. The web beacons are minute graphics with a unique identifier. They are used to track the online movements of Web users. In contrast to cookies, which are stored in a user's computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence.

C. Information collected by our cookies:

Our cookies collect several types of information, including information about your usage of our Site, details about your device, and your IP address. Usage of our Site might include the time at which your device accesses our Site, the page you visit, how long you spend on each page, and the links you click. Cookies might also collect the link that brought you to our Site and the webpage you visit after you leave our Site.

Details about your device might include the type of browser you used to access the Site, the version of that browser, and what kind of device you use.

An IP address is the number assigned to your device, for example your laptop or mobile phone, when your device accesses the internet. Your device may have a static IP address, which means that your device always has the same IP address. Or it may have a dynamic IP address, which means that the IP address changes each time the device accesses the internet.

To the extent that data collected by our cookies and trackers is personal data under applicable data protection law, we treat it as personal data. If we link information collected through cookies with any personal data you provide to us through the Site, e.g., through submitting a form, we also treat that information as personal data.

D. Location of information processing:

The information collected by our cookies is processed in servers located in the United States.

E. Your choices

In certain jurisdictions, when you first come to our Site, you will receive a banner notification that cookies are present. By clicking or tapping “Accept All,” you agree to the use of these cookies as described here.

You can change your cookie consent preferences at any time using your browser settings and accepting or rejecting cookies there. If you refuse cookies in your browser settings, some features may not work as intended on our Site.

4. Sources of Personal Data

We may collect personal data about you from the following sources:

• You, for example, when you register with our Site, submit feedback, submit orders, or when you otherwise provide information directly to us.
• Service providers, for example, analytics providers, IT, and system administration services.
• Affiliated companies such as OmniOn’s direct and indirect parent companies so that, for example, we can assist other companies in the OmniOn family of companies in providing you with products or services.
• Automated technologies, for example, browsing activity collected by automated technologies on the Site.
• Third parties, for example, lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.
• Public sources, for example, public databases.
• Marketing/advertising companies, for example, from social media platforms, consumer research companies, and analytics or marketing/advertising companies.
• Surveillance/recording technologies installed by OmniOn, for example, video surveillance in common areas of OmniOn facilities, voicemail technologies, and audio recording technologies with consent to the extent required by law.
• Government or administrative agencies, for example, law enforcement, public health officials, and other government authorities.
• Acquired entity, if OmniOn acquired another entity, OmniOn might collect personal data from that entity.

5. How We Use Personal Data

Depending on the nature of your interaction with OmniOn, we may use the categories of personal data listed above for the following purposes and on the following legal bases:

Where processing of your data requires explicit consent, this will be obtained directly from you prior to proceeding.

Please understand that you are not obliged to provide your personal data to the Company. However, if you do not provide your personal data, or otherwise do not consent to the processing of your personal data or withdraw your consent to the processing, the Company may not be able to provide you with certain services and may be required to terminate the services currently provided to you.

Before collecting special categories of personal data, we will, when required by applicable law, provide you with a separate notice and, if the collection is not required by applicable law, request your explicit consent whenever legally required to do so.

No Automated Decision Making

The Company does not use the personal data collected for automated decision-making, including profiling, that produces legal effects or similarly significant effects.

6. How We Disclose Personal Data

We may disclose personal data to the following categories of third parties for the following purposes:

• Service Providers: We may disclose your personal data to service providers to provide services to us or on our behalf and to assist us in meeting our business needs and contractual and legal obligations — for example, to host all or portions of this Site, or to ship orders. Service providers will be permitted to process your personal data only for the purpose(s) for which it was disclosed to them and in accordance with the Company’s instructions.
• Professional Advisers and Related Third Parties: For example, we may disclose personal data to lawyers to assist us with legal compliance, auditors, accountants, or consultants to assist us in providing services to you or in otherwise conducting our business.
• Corporate Affiliates: Your personal data may be disclosed to OmniOn’s corporate affiliates, including its direct and indirect parent companies, for example, to provide you with our products and services or to provide you with information about their products and services.
• Government Authorities or Administrative Agencies: We may disclose your personal data, for example, to law enforcement or regulatory bodies or tax authorities.
• Other Third Parties: We may disclose your personal data to other third parties
  • When Required By Law: for example, when we respond to subpoenas, court orders, legal process, or discovery requests in civil litigation.
  • To Protect Rights, Property or Safety: If we believe that your actions violate applicable law, or threaten the rights, property, or safety of the Company, our clients, or others.
  • In Corporate Transactions: We may disclose and transfer your personal data, including to a subsequent owner or co-owner, of our business, including in connection with a corporate merger, consolidation, bankruptcy, the sale of all or substantially all of our membership interests and/or assets, or other corporate change.

The Company will make the disclosures described above only as permitted by applicable laws.

7. Cross-Border Data Transfers

Due to the global nature of our business and for the purposes set forth above, we may transfer personal data to parties located in countries other than the one where you reside, including in the United States. For example, we may transfer personal data internationally to our subsidiaries, affiliates, service providers, business partners, and governmental or public authorities in another country in connection with the performance of our services. The laws of these countries may provide a different level of protection for personal data than the country where you reside.

We will, when required by applicable law, rely on approved mechanisms to lawfully transfer personal data across borders.

8. Data Security

We work to secure your personal data from being lost, accessed, used, modified, or disclosed by/to unauthorized persons. During transmission of personal data between you and our Site, we use Transport Layer Security (TLS) software to encrypt information you input. Only employees who need the information to perform a specific job are granted access to personal data. These employees are made aware of our security and privacy practices. As another security measure, the servers that we use to store personal data are kept in a secure, restricted access area.

Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your personal data. Consequently, you should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private.

9. Retention of Personal Data

We keep personal data for as long as is reasonably required for the purposes explained in this Statement. We also hold records, which may include personal data, to meet legal, regulatory, tax, accounting, and/or internal data retention policy needs. For example, we strive to retain an accurate record of your dealings with us, so we can respond to any complaints or concerns you or others might raise later. We’ll also retain files if we reasonably believe there is a prospect of litigation. The specific retention period for your personal data will depend on your relationship with us and the reasons we hold your personal data.

10. Data Rights Specific to Your Region

10.1 California

This section applies only to individuals who reside in the state of California in the United States. This section does not apply to:

• Information publicly available from government records or made publicly available by you or with your permission.
• Deidentified or aggregated information.
• Protected health information covered by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”).
• Personal data covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FCRA”), or the Gramm-Leach-Bliley Act (“GLBA”).

A. Information About Disclosures of Personal Data

1. Disclosures for Business Purposes:

OmniOn has disclosed each of the categories of personal data listed in Section 2, above, for the following “business purposes”, as that term is defined under the California Consumer Privacy Act (“CCPA”), in the last 12 months:

• Service providers: For the business purpose of performing services on OmniOn’s behalf and, in particular, for the specific purposes described in Section 5, above.
• Auditors, lawyers, consultants, and accountants engaged by OmniOn: For the business purpose of auditing compliance with policies and applicable laws, in addition to performing services on OmniOn’s behalf.
• Affiliated companies: To other affiliated companies, such as OmniOn’s direct and indirect parent companies, for the business purposes of (1) auditing compliance with policies and applicable laws, (2) helping to ensure security and integrity, (3) debugging, (4) short-term transient use, (5) performing services on behalf of OmniOn, (6) internal research, and (7) activities to maintain or improve the quality or safety of a service or device.

2. Sales and Sharing: 

We do not sell or share your personal data, where “share” means disclosing personal data to third parties for cross-context behavioral advertising. Without limiting the foregoing, we have not, and have no actual knowledge that we have, sold or “shared” the personal data of individuals of any age, including the personal data of children under 16, in the last 12 months.

3. Deidentified Information:

We may deidentify information, use it internally, and disclose it to third parties. Deidentified Information (defined below) is not personal data. “Deidentified Information” means information subjected to reasonable measures to ensure that the deidentified information cannot be associated with the individual. An example of Deidentified Information would be the data point that an unidentified visitor first entered the Site through our main web page. We maintain Deidentified Information in a deidentified form and do not attempt to reidentify it, except that we may attempt to reidentify the information just to determine whether our deidentification processes function correctly.

B. Your California Privacy Rights

Subject to applicable law, California residents have the following rights:

• Right to Know: You have the right to submit a verifiable request for specific pieces of your personal data and for information about OmniOn’s collection, use, and disclosure of your personal data. In addition, you have a right to know the categories of your personal data that OmniOn sold or shared for cross-context behavioral advertising and the parties to which those categories were sold or shared.
• Right to Delete: You have the right to submit a verifiable request for the deletion of personal data that you have provided to OmniOn.
• Right to Correct: You have the right to submit a verifiable request for the correction of inaccurate personal data maintained by OmniOn, taking into account the nature of the personal data and the purposes of processing the personal data.

C. How to Exercise Your Rights

OmniOn will respond to requests to know, delete, and correct in accordance with applicable law if it can verify the identity of the individual submitting the request. You can exercise these rights in the following ways:

• Call 877.546.3243 or Email: webmaster@omnionpower.com.

D. How We Will Verify Your Request

We match personal data that you provide us against personal data we maintain in our files. The more risk entailed by the request (e.g., a request for specific pieces of personal data), the more items of personal data we may request to verify your identity. If we cannot verify your identity to a sufficient level of certainty to respond securely to your request, we will let you know promptly and explain why we cannot verify your identity.

E. Authorized Agents

You may designate an authorized agent to exercise your right to know, to correct, or to delete. If an authorized agent submits a request on your behalf, the authorized agent must submit with the request another document signed by you that authorizes the authorized agent to submit the request on your behalf. In addition, we may ask you or your authorized agent to follow the applicable process described above for verifying your identity. You can obtain the “Authorized Agent Designation” form by contacting us at webmaster@omnionpower.com.

In the alternative, you can provide a power of attorney compliant with the California Probate Code.

F. OmniOn’s Non-Discrimination Policy

OmniOn will not unlawfully discriminate against you for exercising your privacy rights under the CCPA.

10.2 Additional Information Specific to Individuals Who Reside Outside the United States

Your Rights With Respect to Your Personal Data

Subject to any limitations and exceptions provided by the law applicable to your country of residence, you have the right to:

• Request access to your personal data, i.e., to ask the Company to provide you with copies of your personal data;
• Request that the Company update, correct or delete (the “right to be forgotten”) your personal data, i.e., to rectify personal data that is incomplete or inaccurate or to erase your personal data;
• Withdraw your consent to the processing of your personal data, at any time, where you previously consented to the processing of your Personal data. If the Company requests your consent to process your personal data and you do consent, you may use the contact information below to withdraw your consent. Any withdrawal shall not affect the lawfulness of processing based on your consent before its withdrawal, and the Company will continue to retain the information that you provided us before you withdrew your consent for as long as allowed or required by applicable law. In addition, if OmniOn has an alternative lawful ground for processing your personal data without your consent, the Company may continue processing your personal data based on that alternative lawful ground for processing.
• Request data portability: Subject to certain limitations, the right to data portability allows you to obtain from the Company, or to ask the Company to send to a third party, a copy of your personal data in electronic form that you provided to the Company.
• Request restriction of processing of your personal data in certain situations, such as while a dispute concerning the accuracy of personal data is being resolved;
• Object to the processing of your personal data: You have the right to object to the processing of your personal data in certain circumstances.
• Lodge a complaint with the supervisory authority where you live, where you work, or where you believe the violation occurred if you believe that your personal data has been processed in violation of applicable data protection law.

UK residents can find contact information for your data protection authority here: https://ico.org.uk/.

Notice for data principals in India: If you believe that your personal data has been processed in violation of India’s data protection law, you may contact webmaster@omnionpower.com. OmniOn will respond in accordance with applicable law. If OmniOn does not resolve your complaint to your satisfaction, you may submit a complaint to the Data Protection Board of India.

How to Exercise Your Rights

You can exercise your rights by submitting a request to us at webmaster@omnionpower.com. The Company will respond to such requests in accordance with applicable data protection law.

11. Contact Us

If you have any questions about this Statement or the rights conferred to you under the applicable data privacy law, please contact webmaster@omnionpower.com.

12. Changes to the Statement

We review this Statement regularly and may make changes at any time to take account of changes in our business activities, legal requirements, or the manner in which we process personal data. We will place updates on this website and where appropriate we will give reasonable notice of any changes. You should periodically review this Statement to ensure you understand how we collect and use your personal data.