Privacy Policy
The Privacy Policy regulates the procedure for ensuring the privacy of personal data.

The provisions of this Privacy Policy describe how Optimate processes, stores, and collects Personal Data. We have developed this Privacy Policy to describe how Personal Data is stored and protected, and communicated to the Data Subject.

During the implementation of its activities, the Platform may use your Personal Data in various ways, including when providing the Tools. That is why we have developed this document so that each Data Subject has the opportunity to familiarize himself with the ways in which his Personal Data is used or to decide to refuse such use.

The Platform may disseminate Personal Data during its activities. The Privacy Policy describes Third Parties that may receive your data. References to the words "you," "you," or "yours" (or similar words in meaning) mean our Data Subject, depending on the context of the Privacy Policy. The provisions of this Privacy Policy apply only to Personal Data obtained by the Platform in the ways described in its conditions. Optimate is in no way responsible for processing Personal Data by third parties, including a natural or legal entity, who may receive Personal Data under the terms of this Privacy Policy. Optimate operates worldwide.

Based on this, the question arises as to which country's legislation should regulate the methods of personal data processing. The most common and fundamental in the world is the General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016). Still, it regulates the processing of Personal Data only for residents of the European Union and the European Economic Area.

That is why, in our Privacy Policy, we have indicated the primary legislation of those jurisdictions, the provisions of which we are mainly guided by when processing Personal Data. We have also provided conditions for processing Personal Data for the jurisdictions of residents from other countries. We thank you for using the Optimate Platform.
1. DEFINITIONS
1.1 Account - is a functional part of the Site, through which the Client has the opportunity to pay for the use of the Platform Tools and can manage the receipt of the Tools.

1.2 Affiliate Program - is an interaction algorithm designed to support marketing, SEO, PPC, CRO, and Growth hacking agencies and increase the number of Users and profits. 

1.3 Blog - is an informative part of the Site where Optimate employees post informative articles and which the Client can comment on. 

1.4 Checkbox - means an element of the Site's graphical interface, which allows the Client to provide his Consent. For example: when registering on the Site, when agreeing to the Terms of Use, etc. 

1.5 Client - is a legal entity or an individual entrepreneur who registers on the Site, integrates Optimate on its website, and receives the Tools. 

1.6 Controller - means any natural or legal person, government agency, institution, or other body that independently determines the purposes and means of personal data processing. 

1.7 Cookies - are a piece of information in the form of text or binary data is transmitted to the browser from the site. 

1.8 Client's Consent (hereinafter "Consent") - means a voluntary, specific, informed, and unequivocal expression of will, in which the Client using a statement or explicit affirmative action agrees to the processing of his Personal Data.

1.9 Data Subject - means the common name for the Client and the User. 

1.10 Guest Post - is an author's article that the Client has the right to place on the pages of the Blog. 

1.11 Personal Data - means any information that directly or indirectly allows identifying the Client and/or the User. For example, name, surname, phone number, IP address. 

1.12 Optimate Platform Site (hereinafter “Site”) - means a web page or group of web pages on the Internet, which are located at: https://optimate.webflow.io/, through which the Client receives Tools from Platforms.

 1.13 Optimate Platform (hereinafter referred to as the “Platform” or “Optimate”) - is a tool that allows to realize the Client's business goals in the field of marketing research, optimize sales and analyze User behavior which increases site conversion rates, and get Tools. 

1.14 Products - are the common name of the Client's goods, services, and products. 

1.15 Processor - is a natural or legal person, government agency, institution, or other body that processes Personal Data on behalf of and behalf of the Controller. 

1.16 Pop-up form - is an element of the Site's interface displayed on top of the Site's web page in a browser and is used to advertise the Product and/or obtain additional information and/or obtain Consent. 

1.17 Referral Program - is a cooperation form between Optimate and the Client, according to the Client has the right to place links to the Site for a fee. 

1.18 Terms of Use - means a document that provides terms, rules, and fundamental provisions for the use of the Platform Tools. 

1.19 Third Party - means a natural or legal person, government agency, institution, or body other than the Client, User, Controller, Processor, and persons authorized by the Controller or Processor under their direct supervision to process Personal Data. 

1.20 Tools - are an algorithm of actions performed by the Platform for the Client in digital marketing to improve the conversion of the site and sales of the Client's Products. 

1.21 User - is a natural person or legal entity that interacts with the Client (through its website) and receives products from the Client. 
2. GENERAL PROVISIONS
2.1 The Platform processes and stores Personal Data based on the principles of legality, fairness and transparency by Article 5 "Principles relating to processing of personal data" of the GDPR. 

2.2 The Platform acts as a Processor for the Personal Data it receives through the Client's use of the Site, the provision of Tools, communication with Optimate employees, the use of social networks, and messengers. 

2.3 The Platform is not responsible for processing Personal Data by third parties that are not controlled or owned by Optimate.
3. PERSONAL DATA
3. 1 The Platform receives the following Personal Data about the Client:  

3. 1. 1 full name;  

3. 1. 2 contacts: e-mail, work and/or contact phone number;  

3. 1. 3 messenger ID;  

3. 1. 4 password required to log in to the Account;  

3. 1. 5 payment data: Optimate does not collect or process your payment data directly.

3. 2 Optimate purposely does not collect Users' Personal Data. Users' Personal Data is processed and stored by Optimate in encrypted form.

3. 3 Optimate may obtain User Personal Data only through the use of the Pop-up form.

3. 4 In case of using the Pop-up form by the User, Optimate may receive the following Personal Data of the User:  

3. 4. 1 full name;  3. 4. 2 contacts: e-mail, work and/or contact phone number, links to social networks and any other types of contacts;  

3. 4. 3 links to profiles on social networks;  

3. 4. 4 address and/or place of residence.

3. 5 When you visit the Site or receive the Tools, Optimate may collect the following Personal Data automatically:  

3. 5. 1 IP address;  

3. 5. 2 time zone and language settings;  

3. 5. 3 browser type and version;  

3. 5. 4 operating system, device type and screen extension;

3. 5. 5 location country;  

3. 5. 6 Information about your visit to the Site, including complete details on the URL, route to and from the Site (including date and time), page response time, data loading errors, length of stay on certain pages, activity on the page (such information such as scrolling and mouse movements, clicks), methods used to exit the page, and phone numbers for contacting the Client service center.

3. 6 Optimate does not collect or process sensitive Personal Data of users, such as race or ethnic origin, political views, religious or philosophical beliefs, union membership, genetic or biometric data, health information, sexual life or sexual orientation.

3. 7 Optimate has the right to collect and receive Personal Data as follows:  

3. 7. 1 when providing Tools;  

3. 7. 2 during interaction with the employees of the Platform, by exchanging e-mails and telephone calls;  

3. 7. 3 using log files, cookies and other tracking technologies;  

3. 7. 4 by using a feedback form;  

3. 7. 5 through the use of messengers and social networks;  

3. 7.6 when commenting on Blog articles;  

3. 7. 7 within the Referral and Affiliate Program;  

3. 7. 8 when using the Pop-up form;

3. 7. 9 when using UX games;  

3. 7. 10 during the User survey, using the NPS (Net Promoter Score) form;  

3. 7. 11 during the information provision by the Client about his business;  

3. 7. 12 by subscribing to receive news from Optimate;  

3. 7. 13 when posting a Guest Post on the Blog pages.

3. 8 During the Affiliate Program, Optimate receives Client Personal Data through feedback and communication forms between Client and Optimate employees. During the Affiliate Program, Optimate may additionally receive Personal Data from Client Users.

3. 9 When providing the Tools, the Platform has the right to receive the domain name of the Client's site. And the Client undertakes to provide the domain name of his site when registering on the Site.

3. 10 During the Referral Program, Optimate does not require the Client to provide additional Personal Data.

3. 11 The Client has the right to get acquainted with the Referral and Affiliate Program, Guest Post by using the link to the Terms of Use.

3. 12 The Platform has the right to use Personal Data for the following purposes:  

3. 12. 1 to provide Tools;  

3. 12. 2 during registration and authorization;  3. 12. 3 to ensure the security of the Site;  3. 12. 4 to administer the Site and conduct internal operations, including troubleshooting, data analysis, testing and completin surveys;  3. 12. 5 to inform the Client about new types of Tools, change in the value of Tools, news, etc. ;  

3. 12. 6 to improve the navigation of the Site, based on your preferences;  

3. 12. 7 to implement the terms of the Referral and Affiliate Program;  

3. 12. 8 to communicate with the Client;  

3. 12. 9 to send information in accordance with the terms of the subscription;  

3. 12. 10 to accommodate the Guest Post;  3. 12. 11 to respond to requests from law enforcement agencies;  

3. 12. 12 to initiate responses to lawsuits, investigate or resolve disputes with you.

3. 13 Suppose the Client provides Personal Data of the Platform User, including receiving the User's Personal Data via the Pop-up form. In that case, the Client is obliged to inform the User that his Personal Data may be processed by the Platform and obtain the User's consent to processing his Personal Data.

3. 14 During a survey using the survey tools system.
4. PERSONAL DATA TRANSFER
4.1 The Platform has the right to transfer Personal Data to Third Parties for the implementation and provision of the Tools and/or protection of its legal interests: 

4.2 Contractors and employees. The Platform may transfer Personal Data to other entities with which it will cooperate, including legal and tax consultants and entities that provide accounting, marketing and IT services. 

4.3 Courts, law enforcement, and government agencies. The Platform has the right to transfer Personal Data in the event of fulfilling any legal obligations, including in connection with a court ruling. 

4.4 Third Party. The Platform has the right to disclose or transfer the Client's Personal Data during the following transactions: acquisition or merger, financing, corporate reorganization, joint venture, including the sale of assets or in the event of bankruptcy. 
5. CLIENT CONSENT
5.1 The following actions are considered to be the Agreement with the terms of processing of Personal Data specified in the Privacy Policy and the terms of providing the Tools: 

5.1.1 registration on the Site; 

5.1.2 integration of Optimate Tools on your website; 

5.1.3 participation in the Referral and/or Affiliate Program. 

5.2 The Platform reserves the right to obtain the Client's Consent via the Pop-up form. The Pop-up form may contain a Consent form in the Checkbox view. 
6. PERSONAL DATA STORAGE
6.1 The Platform uses all necessary security and protection measures for Personal Data to ensure its confidentiality and prevent loss or misrepresentation. 

6.2 The Platform protects and stores Personal Data from: 6.2.1 losses; 6.2.2 illegal use, transfer, disclosure, alteration, removal and/or destruction. 

6.3 The Platform may delete a Data Subject’s Personal Data upon receipt of a request from the Data Subject and upon the termination of the relationship. By deleting Personal Data, we mean deleting all Personal Data from servers and/or written media. 

6.4 Optimate has the right to retain Personal Data of Data Subjects for 5 (five) years after the termination of the relationship in the following cases: 6.4.1 for statistical accounting; 6.4.2 if the current legislation requires their storage; 

6.4.3 if they are necessary for doing business. 

6.5 The Platform does not store the Client's Personal Data in the event of a request to delete Personal Data on his behalf in accordance with the right to delete, as provided in Article 17 of the "Right to Erase" GDPR. 

6.6 A Optimate employee performs the process of deleting Personal Data. The Client has the right to delete the Account independently, using the appropriate section in his Account. In case of deleting the Account, the Client's Personal Data will be deleted by the employee of the Platform. 

6.7 Optimate has the right not to delete Personal Data in the event of a reorganization of the company, the merger of Optimate with another company, or any other changes in the structure of Optimate, and in the event of a change of server. 

6.8 The Platform has the right to delete Personal Data if the Client does not use the Tools within 6 (six) months. 
7. BASIS FOR PROCESSING PERSONAL DATA
7.1 The Platform collects and processes Personal Data by the specified legislation and jurisdiction of the Data Subject.⠀

7.2 The Platform processes Personal Data based on the following legal grounds:⠀

7.2.1 Client's Consent;⠀7.2.2 integration of Optimate Tools;⠀

7.2.3 to comply with the provisions of applicable law, for the proper level of our business, the conclusion, and execution of corporate transactions (sale of shares/stocks, mergers, acquisitions), to fulfill your obligations to you and/or the Third Party.⠀

7.3 In cases where the basis for the processing of Personal Data is your Consent, you have the right to revoke it at any time. In the event of withdrawal of your Consent, the Platform has the right to terminate the provision of the Tools and terminate all relations with you. If the Consent is revoked, your Personal Data will be permanently deleted.⠀

7.4 The Platform undertakes to stop processing Personal Data within 10 (ten) working days from the date of receipt of the withdrawal of the agreement.
8. JURISDICTION OF UKRAINE
8.1 The conditions of this section apply to residents of Ukraine, which is contained in the Privacy Policy and relates to specific requirements, in accordance with the provisions of the legislation of Ukraine, in particular, the Law of Ukraine "On Personal Data Protection."

8.2 The Platform collects Personal Data of Data Subjects of residents of Ukraine under the conditions provided by Section 3 of this Privacy Policy.

8.3 Rights of the Data Subject in connection with the transfer and Personal Data processing:

8.3.1 know about the sources of collection, location of Personal Data, the purpose of their processing and location;

11.3.2 receive information on the conditions for granting access to Personal Data, in particular, information on Third Parties to whom they are transferred;

8.3.3 receive, no later than thirty calendar days from the date of receipt of the request, except as provided by law, an answer as to whether the Personal Data is processed;

8.3.4 send a reasoned request to deny the processing of Personal Data;

8.3.5 send a reasoned request to change or delete Personal Data;

11.3.6 to protect Personal Data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision, or untimely provision, as well as to protect against the provision of information that is inaccurate or discredits the honor, dignity, and business reputation of the Data Subject;

8.3.7 apply to the court with complaints about the Personal Data processing;

8.3.8 use legal remedies in case of violation of the legislation on Personal Data protection;

8.3.9 make reservations regarding the restriction of the right to the processing of Personal Data during the Consent;

8.3.10 withdraw Consent to the processing of Personal Data; 11.3.11 know the mechanism of automatic Personal Data processing;

8.3.12 to protect against an automated decision that has legal consequences for him.

8.4 To confirm its rights, the Data Subject must send a request to the Platform. The request has the following information: identifying data subject data, indicating the rights that, in the opinion of the data subject, have been violated, clearly stated requirements, and contact details.

8.5 The request of the Data Subject must comply with the requirements set out in paragraph

8.4 and must be sent in writing. If the request does not specify the exact requirements and/or it is not sent in writing, the Platform has the right to refuse the request.

8.6 If the confirmation of the data subject's residence is not received or a vague request is received, the Platform has the right not to process the Personal Data.

8.7 If the Platform refuses the Data Subject to consider its request, it shall notify the Data Subject of such refusal within 14 (fourteen) business days.

8.8 The Platform must respond to the request or fulfill the conditions outlined in the request within 21 (twenty-one) business days from the date of receipt.
9. RESPONSIBILITY
9.1 The Platform notifies the Data Subject that its Personal Data may be used to provide the Tools, and in case of disagreement, the Data Subject must leave the Site and not use the Platform Tools.

9.2 The Platform has the right to collect the Personal Data of the Data Subject to obtain statistical data.

9.3 The Platform is not responsible for:

9.3.1 loss of Personal Data in the event of a hacker attack, hacking of the Site software, illegal actions of third parties, illegal actions of the Client and actions that violate the terms of the Privacy Policy;

9.3.2 provision by the Client of inaccurate information and Personal Data;

9.3.3 placement by the Client on the pages of the Blog of content that contains false information and violates the intellectual property rights of third parties; which violates dignity, religious beliefs, sexual orientation, and/or contains signs of racial discrimination and/or violation of other third party rights.

9.4 We do not record videos, take screenshots or view the information that Users provide to the Platform, except for viewing the video session, as requested by the Client.

9.5 We store the collected information, but only the Client who owns the Account can access it. Optimate does not use the data collected to distribute newsletters without your Consent.

9.6 Unfortunately, the transmission of information via the Internet may not be completely secure. Although we make every effort to protect your Personal Data, we cannot guarantee the secure process of transferring your Personal Data to our Site. In this regard, you are solely responsible for possible failures in sharing your Personal Data with the Site. Upon receipt of your Personal Data, we undertake the necessary technical and security measures to prevent unauthorized access to your Personal Data.

9.7 If your Personal Data and other information is received using the survey tool system, the Client's Personal Data can be used for analysis purposes and the Client is personally responsible for the accuracy of the Personal Data and any other information transmitted by him/her 
10. COOKIE
10.1 Optimate purposefully does not use Cookies, but when you use the Site, we may use cookies to improve the Site's functions. For example, Cookies allow Optimate to store information for Client authorization (but not a password).

10.2 You can prevent Cookies from being viewed in incognito mode, and you can block or delete Cookies in your browser settings. However, we would like to warn you that this may adversely affect your use of OptimateTools.

10.3 The Platform can use the following web analytics services:

10.3.1 Facebook;

10.3.2 Google Analytics;

10.3.3 Linkedin. 
11. ADULT POLICY
11.1 The Platform Tools are intended for Clients for adults. The Platform does not process the Personal Data of minors.

11.2 If you are a minor, you may not use Optimate Tools.

11.3 Optimate has the right to delete the Personal Data of a minor, without warning and any consequences for the Platform, and to terminate the provision of such person to the Tools.

11.4 If you have information about the use of the Tools by a minor, please contact Platform support by sending an email to: [email protected]
12. CHANGES TO THE PRIVACY POLICY
12.1 The Platform has the right to change the Privacy Policy provisions to ensure the preservation of Personal Data and in case of changes in the legislation governing the processing of Personal Data.

12.2 The Platform notifies Clients of changes to the Privacy Policy by posting news on the Site. Optimate updates the date of changes to the current version of the Privacy Policy in the "Last Update" line.

12.3 The Client is obliged to read the new terms of the Privacy Policy, and the Platform is not responsible if the Client has not read the new terms of the Privacy Policy.

12.4 Electronic or otherwise retained copies of the Privacy Policy are considered genuine, complete, valid, and enforceable versions of this Privacy Policy in effect when the Client visits the Site. If the Client uses the Tools after updating the Privacy Policy, He agrees with the new rules of Personal Data processing. 
13. CONTACTS
13.1 The Client has the right to contact the support service of the Platform at: [email protected] to ensure his rights, by the terms of this Privacy Policy, or in case of violation of his rights, or to leave a response or ask questions.
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