Privacy Notice for California Residents

Effective Date: January 1, 2020

Last Reviewed: September 29, 2022

This Privacy Notice for California Residents (“Notice”) supplements the information and terms contained in Reach Network, Inc. dba Optimal’s Privacy Policy and our Terms of Service, and applies solely to all visitors, users, and other qualifying residents of the State of California who use our Site ( collectively "consumers" or "you"). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA), the California Privacy Rights Act of 2020 (CPRA), and such other laws as applicable to the processing of personal information of California residents (collectively, “California Privacy Laws”). Any terms that are not defined herein shall have the meaning provided in our Terms of Service and/or our Privacy Policy, and any terms defined in the CCPA or the CPRA have the same meaning when used in this Notice.

Notwithstanding any language to the contrary, this Notice is not intended to limit or to expand the scope of any rights that we have, or that you may have with respect to your personal information, under California Privacy Laws. In the event of any conflict between this Notice and our Privacy Policy with respect to the processing of any personal information that you provide to us, this Notice shall control to the extent necessary to comply with applicable laws.

Information We Collect

Our Site collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). For purposes of California Privacy Laws, note that personal information does not include any of the following:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information that we reasonably believe to have been lawfully made available to the general public either by you or from widely distributed media.
• Information which was made available to us by a person other than you, if we have a reasonable basis to believe that you provided the information to the disclosing party without restricting further disclosure of such information to a specific audience.
• Information otherwise excluded from the scope of California Privacy Laws, like:
  • health or medical information, or clinical trial data, which are required to be processed in accordance with by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA);
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In any cases where the information above is provided to us, we will process such information in accordance with applicable laws. We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you when you provide it to us. For example, from forms you complete.
• Indirectly from you. For example, we automatically collect information as you use our Site which may include IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
• From contractors, such as our business partners;
• Third parties, such as the schools, programs, and other businesses to whom we offer services (collectively “Marketing Partners”).

Information Collected Within the Last Twelve Months

In particular, we have collected the following categories of personal information through the Site from our users within the last twelve (12) months:

Note that, depending on your use of the Site and/or Services, not all of the categories or examples of personal information that we collect, as provided above, may apply to you.

Use and Sharing Personal Information

We may use, sell, and/or disclose the personal information that we collect about you through the Site to one or more third parties for business purposes or in a process that constitutes a sale of personal information under California Privacy Laws, and/or as otherwise permitted under California Privacy Laws. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing notice to you.

Additionally, to the extent that you submit any sensitive personal information for our collection, our use of such sensitive information will be limited to that use which is necessary to provide our services to you and/or for the uses to which you have expressly consented.

For more information about the processes that we use in sharing personal information for a business purpose, and the parties who may receive your personal information from us for business purposes, please see “Disclosures of Personal Information for a Business Purpose” below.

For more information about sales of personal information, please see the section below titled “Personal Information Sales Opt-Out and Opt-In Rights”.

Retention of Personal Information

We review our data collection practices to ensure that our collection, use, retention, and sharing of personal information is reasonably necessary, proportionate, and consistent with what an average consumer would expect at the time of collection. We determine the retention periods applicable to any consumer personal information collected through the Site according to the purpose(s) for which the information was collected. Once the purposes for which the personal information was collected are no longer applicable, we will anonymize and/or destroy the relevant personal information.

Our retention policies for each of those categories are described below.

• Retention period for business records relating to sales or sharing of personal information

Some of the laws, rules, and regulations applicable to marketing communications require our Marketing Partners to retain certain records about the consumers that they contact for a specified period. To assist our Marketing Partners in complying with their legal obligations, we will also retain those records relating to your consent. If you use the Site to request more information about a program and/or one of our Marketing Partners and you give your consent to receive communications related to your query directly from the program, or Marketing Partner, any personal information included with the submission of your consent will be retained under this section.

Business records relating to your consent will include (in each case if and as submitted) your full name, the phone number that you provide to us (which may be a work, mobile, or home number), a copy of the consent form provided to you, the date on which you provided consent, a copy of the completed consent form that we received from you, and any other information that you submit within your completed consent form.

Business records relating to your consent to receive marketing communications will be retained for five (5) years from the date of creation, or a longer period if we or our Marketing Partners are required to do so by law.

• Retention period for personal information processed for internal business purposes

In addition to the sale and sharing of personal information, we also collect and process personal information from visitors to the Site for our own business purposes (described below). Personal information that we process for business purposes will include data relating to Internet or other similar network activity and geolocation data. This category includes your IP address, but may also include the other examples listed in the table provided in the section “Information Collected Within the Last Twelve Months” if you choose to disclose those items.

We may also process additional personal information from you if you use the Site to request information about one of our Marketing Partners or one of the programs that they offer. For example, if you consent to receive communications related to your query directly from the program or Marketing Partner, we will request that you complete a form documenting your consent and providing certain information requested by the Marketing Partner. Such forms may incorporate additional categories of personal information, as specified in the above table.

Personal information collected from visitors to the Site for business purposes will be retained for up to two (2) years following the date of collection. Personal information collected from visitors to the Site will be retained for up to five (5) years following the date of collection if that personal information also forms a part of the business records that our Marketing Partners are required to retain.

For more information about the business records that our Marketing Partners are required to retain, please refer to the previous section.

Disclosures of Personal Information for a Business Purpose

When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. California Privacy Laws prohibit third parties who purchase the personal information that we collect about you from reselling such information, unless you have received explicit notice regarding such re-sale and have received an opportunity to exercise your right to opt-out of further sales in accordance with California Privacy Laws.

We share some or all of your personal information with the following categories of entities for business purposes:

• Service providers (such as data aggregators)
• Contractors (such as our business partners).

We share some or all of your personal information with the above entities for the business purposes listed below, to the extent permitted by California Privacy Laws:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request more information or ask a question about our products or services, we will use that personal information to respond to your inquiry.
• To provide, support, personalize, and develop our Site, products, and services.
• To create, maintain, customize, and secure your account on our Site.
• To process your requests.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in California Privacy Laws.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site users is among the assets transferred.

Note that, in any case where we are providing advertising and marketing services to you, we require that our service providers and contractors refrain from combining the personal information of opted-out consumers that such service provider or contractor receives from us with any personal information about you that the service provider or contractor obtains in any other manner, as required by California Privacy Laws.

Your Rights and Choices

California Privacy Laws provide consumers (California residents) with specific rights regarding their personal information. This section describes your rights under California Privacy Laws, and explains how to exercise those rights with respect to any personal information that we process about you.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Disclosure requests must be submitted using the process described in the section of this Notice titled “Exercising Access, Data Portability, and Deletion Rights”. If we are able to verify your consumer request in accordance with applicable laws, we will disclose to you the information that you have requested from the following categories:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• The categories of personal information that we sold or shared about you.
• The categories of personal information that we disclosed about you for a business purpose.
• The categories of service providers, contractors, and/or third parties to whom your personal information was disclosed for a business purpose.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of service providers, contractors, and/or third parties with whom we shared or sold that personal information
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Correction and Deletion Request Rights

You have the right to request that we delete and/or correct any of your personal information that we collected from and retained about you, subject to certain exceptions. All such consumer rights requests must be submitted using the process described in the section of this Notice titled “Exercising Access, Data Portability, and Consumer Rights”. If we are able to verify your consumer request in accordance with applicable law, we will delete and/or correct (and direct our service providers and contractors to delete and/or correct) your personal information from our records, unless an exception applies.

Exercising Access, Data Portability, and Deletion Rights

To exercise your rights regarding access, data portability, and deletion or correction, as described above, please submit a request to us by either:

• Calling us at (425) 605-8898.
• Visiting onlineu.com/contact.
• Email us at removal_request {at} optimal {dot} com
• Send a letter to 123 Lake Street, Suite 100, Kirkland, WA 98033

We may need to request specific information from you to help us confirm your identity and complete your request. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information related to your request to enable us to process your request more efficiently.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if you believe that the Site has collected any information about your child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We also reserve the right to refuse to fulfill any consumer rights requests for data that is not required to be provided under applicable laws.

If your request relates to the deletion of your personal information, we may deny your request to the extent that retaining your personal information is necessary for us or our service provider(s) or contractor(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Help to ensure the security and integrity of the Site and/or our Services, to the extent the use of the personal information is reasonably necessary and proportionate for those purposes.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's ability to complete such research, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the personal information.
8. Comply with a legal obligation.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to address a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing within forty-five (45) days of its receipt.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. You are entitled to request that we provide information from beyond the twelve-month period, but we shall not be required to provide such information if providing such information proves impossible, would involve disproportionate effort, or is otherwise permitted by California Privacy Laws. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out, and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). You may also direct us not to disclose, disseminate, transfer, or otherwise communicate your personal information to a third party for cross-context behavioral advertising (known as “sharing”). We do not sell or share the personal information of consumers we actually know are less than 16 years of age, unless we receive consent (the "right to opt-in") from either the consumer who is at least 13 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt in to personal information sales may opt out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us through one of the two methods provided below:

1. By visiting the following Internet Web page link: Do Not Sell or Share My Personal Information.
2. By submitting your request via e-mail to removal_request {at} optimal {dot} com.

You may also exercise your right to opt-out by sending us an opt-out preference signal that meets the following requirements: (1) the signal is in a format commonly used and recognized by businesses; and (2) the platform, technology, or mechanism that sends the opt-out preference signal makes clear at the time of opting out that the use of the signal is meant to have the effect of opting you out of the sale and sharing of your personal information on the Site. Acceptable opt-out preference signals may include browser settings implemented by Global Privacy Control.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by emailing your request to: removal_request {at} optimal {dot} com

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under applicable California Privacy Laws. Examples of discriminatory actions that we are not permitted to take under California Privacy Laws in response to a consumer’s lawful exercise of their rights regarding their personal information include:

• Denying you goods or services.
• Charging you for services or impose penalties.
• Providing you a different level or quality of goods or services.
• Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
• Otherwise retaliating against you, if you are our employee or independent contractor, or if you have applied to work for us.

California Consumer Data Request Metrics (2021-2022)

As a business which shares consumer personal information for business purposes, we are required to make certain disclosures once per year about consumer data requests that we have received, in accordance with California Privacy Laws.

As of the “Last Reviewed” date provided at the top of this Notice, our request metrics for the applicable period from 2021 through 2022 are listed below:

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to removal_request {at} optimal {dot} com or write us at: Optimal, 123 Lake Street S 100, Kirkland, WA 98033.

Contact Information

If you have any questions or comments about this Notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (425) 605-8898

Website: onlineu.com/contact

Email: removal_request {at} optimal {dot} com

Postal Address:
Optimal
Attn: Compliance/Accounts Department
123 Lake Street South 100
Kirkland, WA 98033