Privacy Policy
Table of Contents
- OPTO Privacy Policy (US)
- When does this Privacy Policy Apply?
- What information are we collecting and how are we collecting it?
- Why we collect your information.
- How we use your information
- Who may we disclose your information to?
- California Privacy Rights
- Other Privacy Rights (United States)
- How we protect your information
- How we protect your information in data transfers
- How you can protect your information
- How long we hold your information.
- Cookies and our cookie policy
- Your Responsibilities
- Do-Not-Track Signals
- Events and Teleconferencing
- Persons with Disabilities
- Changes to our Privacy Policy
- How to contact us
OPTO Privacy Policy (US)
This U.S. Privacy Policy and Notice ("Notice") covers the services offered in the U.S. by Opto Markets LLC which is part of the CMC Markets Group. These entities are referred to as “Opto” "our affiliates," "we," "us," and "our" in this Notice.
Opto is committed to protecting the privacy of all personal information that we obtain from you. Our Privacy Policy explains how and why we collect personal information about you, and how that information is maintained and used (“Privacy Policy”) in relation to the services provided through our app(s) and our website(s).
PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SERVICES through our app(s) and our website(s) OR OTHERWISE PROVIDING US WITH PERSONAL INFORMATION, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS OF BUSINESS AND ANY APPLICABLE COOKIE POLICY ON OUR APP(S) and OUR WEBSITE(S).
Our app(s) and our website(s) are not directed at, nor intended for use by, children. As a result, if you are under the age of eighteen (18), you are prohibited from accessing or using our app(s) and our website(s) or with providing us with your personal information.
This Privacy Policy covers the following:
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When does this Privacy Policy Apply?
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What information are we collecting and how are we collecting it?
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Why we collect your information
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How we use your information
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Who may we disclose your information to
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What rights do you have
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How we protect your information
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How you can protect your information
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How we protect your information in data transfers
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How long we hold your information
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Cookies and our cookie policy
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What to do if you have a complaint
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Changes to our Privacy Policy
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How to contact us
When does this Privacy Policy Apply?
This Privacy Policy applies to personal information that Opto receives during its business operations as a “data controller” - which means we determine the purpose and means of processing such personal information. For purposes of this Privacy Policy, the terms “personal information” and “personal data” each mean any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation; however, they do not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. Opto may anonymize or de-identify personal information, and such data is not subject to this Privacy Policy, and Opto may use such data for any purpose.
What information are we collecting and how are we collecting it?
We will collect and process the following personal information about you.
Information you provide to us
You provide us with your personal information by filling in the application or other forms on our website, the iOS or Android application (Apps), by accessing your account(s) or our sites, and offline through channels other than the sites via your use or our services, by corresponding with us by phone, email or otherwise. The information you provide us may include your name, email address, physical address, home and mobile phone numbers, or contact details, financial information about your income and wealth, other information such as tax or government ID, date of birth, professional and employment details, records of products and services you’ve obtained or applied for, and other analogous personal information.
**Information we collect about you
**We will also collect information about you through your use of our website, the iOS or Android application (Apps) and our services. We may also automatically collect information about the devices you use to interact with our service. The information we automatically collect may include IP address, device identifier, web browser, and browsing information collected through first and third party cookies, web beacons, pixels, SDKs, and other similar technologies. We may also automatically collect information about how you use the service, such as site areas visited, pages viewed, frequency and duration of visits. The information automatically collected may be associated with a unique identifier as well as with any other personal data you have provided.
Information we receive from other sources
We may also collect your personal information from third parties including, for example, business partners, analytics providers, service providers, credit reference agencies and third-party marketing companies, affiliates, social media and advertising networks or through publicly available sources
Monitoring of communications
Subject to applicable laws, we will monitor and record your calls, emails, text messages, app and digital communications, social media messages and other communications in relation to your dealings with us. We will do this for regulatory compliance, crime prevention and detection purposes, to protect the security of our communications systems and procedures and for quality control.
Why we collect your information.
Opto collects your personal information in order to provide you with our products and services, to establish and manage your account and to comply with our legal and regulatory obligations. By collecting your information, Opto is able to monitor and improve the services we offer to our existing and potential clients.
How we use your information
Opto may use your personal information for one or more of the following purposes:
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To provide the services to you that you have requested including processing transactions, and customer support.
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To verify your identity when you contact us.
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To conduct security operations such as using your IP address to verify your identity when you log on to your account.
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To carry out fraud prevention checks.
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To maintain your personal profile and manage your account.
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To contact you when necessary or appropriate in relation to the services being provided to you;
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To keep you updated and to manage and administer the products and services provided to you;
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To provide you with information regarding the products and services offered by Opto;
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To offer you additional services where appropriate;
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To develop an understanding of the products and services that you may be interested in obtaining from Opto;
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To provide you with information or opportunities that we believe may be relevant to you;
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To tailor the website, the iOS and Android application (Apps), or other services we provide to you to meet your needs and interests.
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To create anonymised statistical data - we may share anonymised data with other companies; however, this data will not include any information that personally identifies you; and
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We may also use your personal information, including market research, analysis and developing statistics across Opto/CMC Markets Group, to develop an understanding of the products and services that you may be interested in obtaining, and to market such products and services to you.
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When we collect and use your personal information, we will make sure this is only done in accordance with Data Protection law.
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If Opto or a fraud prevention agency determine that you pose a risk of fraud or money laundering, or other financial crime, we may refuse or stop providing our services to you.
Using your personal data for the following purposes
We will process your personal data to provide services to you pursuant to the agreement between us in relation to the relevant account(s). This includes:
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Taking steps at your request prior to entering into the agreement;
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Deciding whether we should enter into an agreement with you;
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Managing and performing our obligations under the agreement;
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Updating your records;
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Tracing your whereabouts or contacting you about your account and recovering any debt; and
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Verifying your identity including when you log on to your account online or when contacting us.
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As necessary for our (or our authorised third parties') legitimate interests, for example:
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For good governance, accounting, and managing and auditing your business operations;
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To carry out credit reference agency searches;
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To monitor emails, calls, other communications, and activities on your account, subject to applicable laws;
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For market research, analysis and developing statistics;
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To carry out marketing and send communications, including by email, post, text, content cards, digital communications, through our Apps, newsletter, banner advertising and other forms of communication including social media campaigns. We may analyse your personal information, as well as your activity, so that we can offer a more relevant, tailored service and product offering to you;
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To develop new services and improve the products and services we provide;
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To request your feedback on a product or service via a third party we have chosen;
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You have the right to ask us not to process your personal information for marketing purposes e.g. by using the unsubscribe link provided in relevant emails we send you, or you can opt out of receiving marketing communications by contacting the customer service team.
We will process your personal data as necessary to comply with a legal obligation, for example:
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When you exercise your rights under data protection law and make requests;
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For compliance with legal and regulatory requirements and related disclosures;
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For activities relating to the prevention, detection and investigation of crime;
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For establishment and defence of legal rights;
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To verify your identity, fraud prevention and anti-money laundering checks; and
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To monitor emails, calls, other communications, and activities on your account.
We will process your personal data based on your consent, for example:
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When you request us to disclose your personal data to other people or organisations such as a company handling a claim on your behalf, or otherwise agree to disclosures;
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To comply with our legal obligations and to allow us to identify you for authenticating, reporting, compliance and customer service purposes;
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To carry out marketing in instances when we have asked for your consent and you have provided it; and
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To provide our community forum to you if applicable;
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You are free at any time to change your mind and withdraw your consent by notifying us.
Who may we disclose your information to?
Opto may share your personal information with:
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Opto Markets LLC affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company CMC Markets UK PLC incorporated and registered in England with company number 02448409 whose registered office is at 133 Houndsditch, London, EC3A 7BX and any other subsidiaries or other companies that we control .
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Regulatory and government bodies from time to time
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Any court or tribunal.
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Financial institutions and other similar organisations that we deal with in the course of our corporate activities or those that are nominated by you.
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Fraud prevention and law enforcement agencies if false or inaccurate information is provided and fraud is identified.
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Anyone else where we have your consent or where we have another lawful basis for doing so;
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An introducing broker if you were introduced to Opto by an introducing broker.
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External service providers and professional advisers (which may be located overseas) that provide services to Opto including credit reference agencies.
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Any organisation at your request or any persons acting on your behalf, including your financial adviser, broker, solicitor, or accountant;
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Any third-party service providers where this is necessary to process a transaction or provide services which you have requested (e.g. software providers);
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Any authority to whom Opto is required to disclose such information by law;
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Other financial institutions for the prevention and detection of financial crime, including fraud, money laundering, and terrorism financing;
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Other parties connected with your account (e.g. other people named on the application).
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Opto also requires that external organisations, outside of the Opto Group, who handle or obtain personal information, acknowledge the confidentiality of this information and undertake to respect any individual’s right to privacy and comply with all of the relevant data protection laws and this Privacy Policy.
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In addition, we may disclose or transfer your personal data in the event of a re-organization, merger, sale, joint venture, assignment, or other transfer or disposition of all or any portion of our business.
California Privacy Rights
Data Privacy Rights. Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, California residents are entitled to certain data privacy rights:
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Right to Know (Specific Pieces of Personal Information). You have the right to know the specific pieces of your personal information that we have collected about you.
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Right to Know (Categories of Personal Information). You have the right to know (i) the categories of personal information we have collected from you; (ii) the categories of sources from which the personal information is collected; (iii) the categories of your personal information we have sold or disclosed for a business purpose; (iv) the categories of third parties to whom your personal information was sold or disclosed for a business purpose; and (v) the business or commercial purpose for collecting or selling your personal information.
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Right to Delete. You have the right to request that we delete your personal information that we have collected and retain.
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Right to Correct. You have the right to request that we correct inaccurate personal information that we have collected and retain.
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Nondiscrimination. You have the right not to be subject to discrimination for asserting your rights under the CCPA.
Submit a Privacy Request. To submit a privacy request, you (or your authorized agent) may contact us in accordance with the “How to contact us” section listed below. However, any such authorized agent must be registered with the California Secretary of State to conduct business in California.
Privacy Request Verification Process. If you (or your authorized agent) make any request related to your personal information, Opto will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, Opto will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email, request certain contact information or government identifiers, and we will match at least two pieces of such personal information with data that we have previously collected from you before granting you access to, erasing, or correcting, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute, and such rights are subject to legal and regulatory exceptions and exemptions. For more information about the CCPA, please see: https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the “sale” of their personal information. However, Opto does not sell your personal information to third parties for profit or monetary or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities).
Opt-Out Rights / Do Not Share My Personal Information. California residents have the right to opt out of the “sharing” of their personal information. Opto uses third-party analytical and targeted advertising features on our Site and similar web tools provided by our marketing partners, and such features, tools and marketing relationships involve the disclosure of your personal information to third parties and may constitute the “sharing” of your personal information for CCPA purposes. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool (sometimes visible as a “Your Privacy Choices” or a “Do Not Sell/Share My Personal Information” link on the footer of the Site) to set your cookie preferences, where applicable. You, or your authorized agent, may also contact us in accordance with the “How to contact us” section listed below.
Children. The Site is not directed at, and should not be used by, minors under the age of eighteen (18), and therefore Opto does not knowingly sell or share the personal information of minors under eighteen (18) years of age.
Limit Use of Sensitive Personal Information. Opto does not use or disclose sensitive personal information for reasons other than those set forth in the CCPA, and therefore we do not provide individuals with the ability to limit how we use or disclose such sensitive personal information.
Other Privacy Rights (United States)
Data Privacy Rights. Pursuant to certain U.S. state privacy laws (e.g., Colorado, Connecticut, Montana, Oregon, Utah, Virginia), you may have the following privacy rights with respect to your personal information:
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To confirm whether or not we are processing your personal information and access such personal information.
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To correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of your personal information.
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To delete personal information provided by, or obtained about, you.
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To obtain a copy of your personal information processed by us, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
Submit a Privacy Request. To submit these abovementioned privacy requests, please contact us in accordance with the “How to contact us” section below. Where permitted by U.S. state law, you may designate an authorized agent to submit a privacy request on your behalf.
Privacy Request Verification Process. If you make any request related to your personal information, the Opto will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. In particular, before granting you access to, erasing, or correcting, specific pieces or categories of personal information or otherwise responding to your request, the Opto will, to the extent required or permitted by law, (i) require you (or your authorized agent) to verify your request via email, (ii) request certain contact information or government identifiers, and (iii) match at least two pieces of such personal information with data that we have previously collected from you. None of your privacy rights are absolute, and such rights are subject to exceptions and exemptions.
Privacy Requests Appeals Process. If you would like to appeal a decision the Opto has made with respect to your privacy request, please email us in accordance with the “How to contact us” section listed below, with the subject line “ATTN: Privacy Appeals,” and describe the nature of your request, and the reason for requesting an appellate review.
Opt-Out Rights / The Sale of Personal Information. You may have the right to opt out of the “sale” of their personal information. However, the Opto does not sell your personal information to third parties for monetary consideration or other valuable consideration, and therefore we do not provide opt-out request processes for the sale of personal information (because we do not undertake such activities). Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their personal information to others. If you would like to exercise this right (even though we do not sell or license personal information), please contact us in accordance with the “How to contact us” section listed below.
Opt-Out Rights / Targeted Advertising. You may have the right to opt out of having their personal information used for targeted advertising purposes. The Opto uses third-party analytical and targeted advertising features on our Site and similar web tools provided by our marketing partners. To opt out of this sharing of your personal information in these circumstances, please click on the cookie management tool (sometimes visible as a “Your Privacy Choices” link) on the footer of the Site to set your cookie preferences, where applicable.
Opt-Out Rights / Profiling. You may have the right to opt out of having their personal information used for profiling in furtherance of decisions that produce legal or similarly significant effects. However, the Opto does not engage in such activities.
Complaints. You may file a complaint about our data processing activities with your local authorities, which may include the following:
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The Colorado Attorney General at: https://coag.gov/file-complaint/.
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The Connecticut Attorney General at: https://portal.ct.gov/DCP/Complaint-Center/Consumers---Complaint-Center.
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The Montana Attorney General at: https://dojmt.gov/consumer/.
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The Nevada Attorney General at https://ag.nv.gov/Complaints/File_Complaint/.
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The Oregon Attorney General at: https://www.doj.state.or.us/consumer-protection/contact-us/.
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the Texas Attorney General at: https://www.texasattorneygeneral.gov/consumer-protection.
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The Virginia Attorney General at https://www.oag.state.va.us/contact-us/contact-info.
How we protect your information
Opto is committed to protecting the privacy of all personal information that Opto obtains from you.
We make reasonable efforts to adopt industry and information security best practices to protect your personal information and ensure that unauthorised persons do not access it. Measures include encryption of data during transmission, strong authentication mechanisms, cybersecurity processes and secure access to machines and data. We train our employees who handle personal information to respect the confidentiality of customer data and the privacy of individuals. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION CAUSED BY A THIRD PARTY.
How we protect your information in data transfers
We may transfer your information to organizations in other countries (including to other Opto or CMC Markets Group companies) provided that certain safeguards are applied. In such circumstances, we will ensure the transfer is lawful and that there are appropriate contractual, legal and security arrangements in place.
How you can protect your information
Just as we do at Opto, you should care about the security of your personal data. Do not give your security details to log in to your account, such as passwords or passcodes, to anyone else. If you feel someone may have gained knowledge of your login details, please contact us immediately (and within 24 hours) so we can support you and protect you and your information.
Additionally, we recommend securing your devices with a password or passcode. When you use our mobile app, we recommend that you enable the use of Touch ID or Face ID where available.
How long we hold your information.
We have an obligation to hold your personal information for regulatory or legal purposes, to provide you with the services you have requested or to maintain adequate business records. We will remove any personal information that will identify you or we will securely destroy the records when we consider that that personal information is no longer required.
Cookies and our cookie policy
Opto uses cookies to gather information about your access to this website, the Opto application (Apps) and other services we provide to you. Cookies are small pieces of information, which use a unique identification tag and are stored on your device because of you using this website or other service we provide to you.
They enhance your browsing experience in numerous ways, which include remembering your preference settings, displaying relevant content and ensuring web pages function as intended. For detailed information on the cookies, we use and the purposes for which we use them, see our cookie policy.
Site Monitoring. Please be aware that we, and our service providers and partners, use cookies and other tracking technologies within our app(s) and website(s) to monitor and record any and all activities and communications to, from, and on, our app(s) and website(s). For the avoidance of doubt, you hereby acknowledge, agree, and consent to, such monitoring and recording by us and our service providers and partners.
When you use this website or other services we provide to you, you may be able to link to other websites. This Privacy Policy does not apply to those sites. Opto encourages you to read the privacy policies on such sites.
Your Responsibilities
You are permitted, and hereby agree, to only provide personal information to Opto if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO OPTO, YOU EXPRESSLY REPRESENT AND WARRANT TO OPTO THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE OPTO WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT OPTO’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY OPTO FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO OPTO.
Do-Not-Track Signals
Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
Events and Teleconferencing
Opto hosts and uses video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Google, Zoom, WebEx, Microsoft Teams, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.
Persons with Disabilities
Opto strives to ensure that every person has access to information related to our Services, including this Privacy Policy. Please contact us if you would like this Privacy Policy provided in an alternative format, and we will seek to meet your needs.
Changes to our Privacy Policy
Opto may change this Privacy Policy from time to time. When such a change is made, we will post a revised version online. Changes will be effective from the point at which they are posted. It is your responsibility to review this Privacy Policy periodically, so you are aware of any changes. By using our services, you agree to this Privacy Policy.
How to contact us
If you have any questions about this Privacy Policy or want to exercise your rights, please email our customer service team at support@optothemes.com.
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