Privacy Policy

1. INTRODUCTION

Opteon AMC, Inc. and Opteon Appraisal, Inc. (together, “Opteon,” “we,” “us,” and “our") respects your privacy and is committed to protecting it. Please read this privacy policy (“Privacy Policy”) carefully to understand how and why Opteon collects, stores, uses, and shares your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint. This Privacy Policy covers all Personal Data we receive from various sources, as outlined below. By using Opteon’s website or engaging in transactions with Opteon by any other means, you acknowledge and agree to the practices and policies outlined in this Privacy Policy, and you consent to our collection, use, and disclosure of you information in the manner described herein.

2. PERSONAL DATA WE MAY COLLECT

“Personal Data” may include information that can be used to identify or locate you, such as your name, address, Internet Protocol (IP) address, mailing address, contact information, email address, or phone number, and other information you may produce to us. Both federal and state law in the United State define Personal Data or Personal Information, as do the laws of Canada, the European Union, and other countries and jurisdictions. This Privacy Policy is intended to include the most expansive definition. Please recognize that your rights related to Personal Data, and how Personal Data is defined, differs somewhat from state to state and country to country.

We may collect and use the following Personal Data that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Categories of Personal Data	Specific Types of Personal Data Collected
Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers)	Name, telephone number, email address, subject property address(es), postal address(es), file ID, loan number IP address
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	Name, telephone number, employer or company name, credit card information Opteon never stores credit card information; all payment processing is encrypted and conducted via third parties. Please review their privacy policies for more information.
Characteristics of protected classifications under California or federal law.	None
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)	Financial and real estate transactional information (such as details about relevant mortgage or rental history); property ownership information (such as details about tenant and lender history); loan type
Biometric information	None
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)	None
Geolocation data	None
Audio, electronic, visual, thermal, olfactory, or similar information	None
Professional or employment-related information	Job title, employer or company name
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)	None
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	None
Sensitive personal information	e.g.: · Social Sec number, DL or State ID or Passport numbers · Account login, financial account, debit or credit card number in combination with any required security or access code, pw, or credentials allowing access to an account

3. HOW WE COLLECT PERSONAL DATA

We collect most of this Personal Data directly from you—in person, by telephone, by text or email, or via our website or online forms. By providing us with this Personal Data, you expressly agree to our collection, use, storage, and disclosure of it as detailed in this Privacy Policy. Personal Data is required for Opteon to provide you with our products and services; if you elect not to provide the Personal Data we ask for, it may delay or prevent us from providing you with those products and services.

We may also collect information:

From publicly accessible sources (e.g., property records);

Directly from a third party (e.g., credit reporting agencies, customer due diligence providers);

From a third party with your consent (e.g., your bank);

From cookies on our website; and

Via our IT systems, including:

Door entry systems and reception logs;

Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.

4. HOW AND WHY WE USE YOUR DATA

We may use or process Personal Data for any purpose permitted under applicable data protection laws in accordance with this Privacy Policy. “Processing” of Personal Data includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing or otherwise making available to third parties, deleting, or otherwise using or dealing with your Personal Data. We may process your Personal Data with or without automatic means.

The purposes for which we process your Personal Data include:

What we use your Personal Data for	Reasons
To provide products and services to you	For the performance of our contract with you or to take steps at your request before entering into a contract
To prevent and detect fraud against you or Opteon	For our legitimate interests or those of you or a third party, i.e. to minimize fraud that could be damaging for us and for you
Verifying customer identities Screening for financial and other sanctions or embargoes Other processing necessary to comply with professional, legal, and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator	To comply with our legal and regulatory obligations To protect us and you against fraud or misappropriation of your personal data
Gathering and providing information required by or relating to audits, enquiries, or investigations by regulatory bodies	To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet use	For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best services to you
Operational reasons, such as improving efficiency, training, or quality control	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you and all our customers at the best price
Ensuring the confidentiality of commercially sensitive information	For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base and satisfaction, product range, or other efficiency measures	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best services to you at the best price
Preventing unauthorized access and modifications to systems	For our legitimate interests or those of you or a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations
Updating and enhancing customer records	For the performance of our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. ensuring we can contact our customers about existing orders and new products
Statutory returns	To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments	To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services to: · existing and former customers; · third parties who have previously expressed an interest in our services; · third parties with whom we have had no previous dealings.	For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers
Credit reference checks via external credit reference agencies	For our legitimate interests or those of a third party, i.e. to ensure our customers are likely to be able to pay for our products and services
External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts	For our legitimate interests or those of you or a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations

5. WHO WE SHARE PERSONAL DATA WITH

We routinely share personal information with:

Our affiliates, including companies within Opteon AMC, Inc. and Opteon Appraisal, Inc.;

Service providers we use to help deliver our services to you, such as technology and payment services;

Service providers we use to help deliver our services to you, such as payment services;

Credit reporting agencies, insurers, and brokers; and

Our banks

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to confidentiality, to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. While we typically anonymize information, this may not always be possible. The recipient of such information will be bound by confidentiality obligations.

We do not sell, trade, or otherwise transfer your personal information like phone number to third parties/affiliates/business partners.

6. RETENTION, STORAGE, AND DISPOSAL OF PERSONAL DATA

Opteon is required by law to store some information for a defined period of time. In some cases, Opteon may retain information indefinitely. We keep your Personal Data while you have an account with us or while we are providing you with products or services. Thereafter, we retain Personal Data in order to respond to questions, complaints, or claims made by you or on your behalf, to show we treated you fairly and acted in accordance with the law, or to keep records otherwise required by law. We archive all Personal Data on an annual basis and regularly backs up all data in order to maintain data integrity and business continuity.

Personal Data may be held at our offices and those of our affiliates, third party agencies, service providers, representatives, and agents as described elsewhere in this Privacy Policy.

When Opteon disposes of Personal Data, it does so completely so that no trace of the information exists other than in aggregate, anonymized data.

Opteon takes appropriate security measures to prevent accidental loss, unauthorized access, and misappropriation of your Personal Data. We limit access to your Personal Data to those who have a genuine business need for access. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. Opteon’s Information Technology team continually tests our systems, and Opteon is ISO 27001 certified, which means we follow top industry standards for information security. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

7. SALE AND RENTAL OF PERSONAL DATA

Except as otherwise disclosed in this Privacy Policy, Opteon has not sold, rented, or otherwise disclosed to third parties any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

8. YOUR RIGHTS RELATING TO YOUR DATA

If you wish to opt out from any of the uses of Personal Data that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us as described in Section XIII below. Subsequent disclosure of Personal Data to us nullifies prior opt-out requests.

While Opteon does not discriminate against those who opt-out, opting out may prevent us from conveniently and efficiently providing further product support services and information to you.

Unsubscribing to marketing communications:You may unsubscribe from marketing communications at any time. To unsubscribe to marketing communications, please contact us as set forth in Sections X and XIII below.

EU Consumer Notice: Opteon does not currently conduct business in the EU. To the extent Opteon customers utilize our products and services to provide their own products and services to citizens of the EU, such is conducted pursuant to their own GDPR policies and other applicable laws and regulations.

Canada Consumer Notice:Opteon does not currently conduct business in Canada. To the extent Opteon customers utilize our products and services to provide their own products and services to citizens of Canada, such is conducted pursuant to their own PIPEDA policies and other applicable laws and regulations.

9. MARKETING COMMUNICATIONS

We may use your personal information to send you offers, promotions, and updates by email, text message, telephone or mail about products and services offered by Opteon and our Partners.

We have a legitimate interest in processing your personal information for promotional purposes. This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside of Opteon AMC, Inc. and Opteon Appraisal, Inc. for marketing purposes.

You have the right to opt out of marketing communications at any time by: (i) using the “unsubscribe” option provided within marketing emails or (ii) contacting us directly as set forth in Section XIII below.

If you chose to opt-out or update your marketing preferences, please allow us sufficient time to process your request. We may still contact you for transactional and informational purposes, such as customer service issues, in response to inquiries relating to Opteon products and services, outstanding payment inquiries, surveys and recalls, or any questions regarding a specific request.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products and services in the future, or if there are changes in the law, regulation, or the structure of our business.

10. CHANGES TO PRIVACY POLICY

We review this Privacy Policy regularly and may make changes from time to time. We will post any changes on this page and may also provide notice of material changes via the contact information you provide. Each time you use a product or service of Opteon, you agree that the current version of this Privacy Policy applies.

11. EXTERNAL LINKS

This site may contain links to third-party websites, including websites operated by our suppliers and commercial partners. These linked sites are not under our control or subject to this Privacy Policy, and we are not responsible for content on these sites. Before using any third-party website, we recommend you examine the terms of use and privacy policy of that site.

12. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Personal Data that we hold about you, have any complaints, would like to opt out of marketing communications, would like to exercise any of your other rights related to your Personal Data, or need any extra help accessing this Privacy Policy in a different format (for example: audio, large print, braille), please contact us:

By email: legal@opteonusa.com; or

By telephone: +1 (833) 740-2739

13. ADDITIONAL CALIFORNIA CONSUMER RIGHTS NOTICE

The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide the following consumer rights for California residents:

Right to Disclosure of Personal Information We Collect About You	You have the right to know: · The categories of personal information we have collected about you; · The categories of sources from which the personal information is collected; · Our business or commercial purpose for collecting or selling personal information; · The categories of third parties with whom we share personal information, if any; and · The specific pieces of personal information we have collected about you. Please note that we are not required to: · Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; · Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or · Provide the personal information to you more than twice in a 12-month period.
Right of Correction	You have the right to request that we correct inaccurate personal information, taking into account the nature of the personal information and thus purposes of the processing of the personal information.
Personal Information Sold or Used for a Business Purpose	In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know: The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and The categories of personal information that we disclosed about you for a business purpose. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale [or disclosure] of your personal information. If you exercise your right to opt-out of the sale [or disclosure] of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale [or disclosure] of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here: [URL].
Right to Deletion	Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: · Delete your personal information from our records; and · Direct any service providers to delete your personal information from their records. Please note that we may not delete your personal information if it is necessary to: · Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; · Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; · Debug to identify and repair errors that impair existing intended functionality; · Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; · Comply with the California Electronic Communications Privacy Act; · Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; · Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; · Comply with an existing legal obligation; or · Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right of Portability	You have the right, upon request, to obtain your personal information by mail or electronic delivery without charge and in a readily usable format that allows you to transmit the information from one entity to another without hindrance.
Right of No Discrimination or Retaliation	You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things: · Deny goods or services to you; · Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; · Provide a different level or quality of goods or services to you; or · Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.

California residents who would like to exercise a right as described in this Privacy Policy, should:

Complete a data subject request form available on our website at opteonusa.com;

Call us toll-free at (888) 887-0207 or

Email us at legal@opteonusa.com.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within any 12-month period.

If you choose to contact us, please provide us with:

Enough information to identify you (e.g., your name, address, and customer or matter reference number);

Proof of your identity and address (e.g., a copy of your driver’s license or passport and a recent utility or credit card bill); and

A description of what right you want to exercise and the information to which your request relates.

If we cannot verify that the person making a request is the person about whom we collected information or is otherwise authorized to act on such person’s behalf, we are not obligated to make a data access or data portability disclosure. Any personal information we collect from you to verify your identity in connection with your request under this section will be used solely for the purposes of verification.