Privacy Policy

Last Updated: October 14, 2024

OSS Nokalva, Inc. (referred to as "OSS", "our" or "us") respects your right to privacy. This Privacy Policy explains how OSS collects, shares and uses personal information about OSS' customers and users of OSS' sites and how customers and users can exercise their privacy rights. If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Policy.

Changes and Updates

Our Privacy Policy may have changed since your last visit. You should review our Privacy Policy and Terms of Use each time you visit our Sites. Each time you use our Sites you have agreed to the current Privacy Policy and latest Terms of Use posted on our Sites. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Sites immediately.

This policy applies to information we collect:

• On our websites;
• When you purchase products or services;
• On phone calls with OSS personnel and in email and other electronic messages between you and our websites;
• When you request support or establish your account.

IT IS IMPORTANT FOR OUR CUSTOMERS TO UNDERSTAND HOW WE TRANSACT BUSINESS

• We sell our products directly and through third party resellers. Before completing your transactions with a third party reseller, please review the resellers' privacy policy and terms of use and any agreement that the reseller requires you to enter into. Only complete the transaction through the reseller if you are willing to agree to the resellers' privacy policy and terms of use and any agreement that the reseller requires you to enter into in order to complete the transaction. We do not control how a reseller uses your data.
• If you purchase through a reseller, the reseller and/or their third party payment processor receive and process your payment information. We do not receive, process, or store any payment information. Also, if you purchase through our Sites, we use a third party payment processor who receives your payment information; we do not receive, process, or store any payment information.
• Resellers provide to us a list of customers' names and email addresses for persons that purchase our products and services from those resellers.
• Your employer may provide your information as a user authorized by your employer.

Business to Business: We are primarily a business-to-business service and product provider. While we use reasonable efforts to protect the information you provide to us, as discussed further below, we cannot guarantee your privacy. Accordingly, we ask that you not share with us any unnecessary personal information, and instead limit the information you share with us to your business contact information.

Individual Entrepreneurs: You are advised that our Sites are intended for persons over the age of 18 (or the age of majority in your jurisdiction) and legally able to enter into contracts. If you are not over the age of 18 (or the age of majority in your jurisdiction), please do not use our Sites or purchase products from us, and do not provide to us any personal information; if we learn that we have any such information we will endeavor to remove it from our systems.

Geographic Considerations: We are based in the United States. Our products and practices are evaluated and based on United States' laws, rules, and regulations. When you access our Sites from outside the United States, you are doing so at your own choice; when you choose to share your information with us to request and/or receive information, and/or for support, you understand and consent to our use of your information consistent with the purpose for which it was collected. If you do not wish us to store your information and to use it for the purposes indicated at the time of collection, then please do not provide it to us.

The personal information that we may collect about you can be described in the following three major categories:

1. Information that you provide to OSS, such as your contact information
   For instance, this can be by way of filling in an on-line form when you register to use our products and services and/or to create an account with us, when you provide us with your contact information for support, or when you request to receive information from us. The types of information we ask you to provide include your name, your employer, your job title, business email address, business telephone number, and business postal address. If you set up an account with us, you will be asked to establish your user credentials. We do not receive or store your billing or payment information in our systems and/or records. All purchases are made through third party resellers.
   
   We collect this type of information so we can respond to inquiries from you, provide information about our products and services, receive feedback from you about our products and services, provide technical support, monitor and enforce compliance with our contractual terms, set-up and maintain your business and your user account, and manage other general business tasks.
   
   When you set up your account and access credentials, please do not use the same credentials that you use for other accounts – personal or business. Also, your credentials should not be shared with others. Remember: you and your employer are responsible for activities using your account credentials.
2. Information that we collect automatically
   We may also collect certain information automatically from your device, including information regarding your use patterns of our products and services. We use cookies and other tracking technology to collect and use personal information about you, which includes providing interest-based promotional information to you. In some countries, including countries in the European Economic Area and the UK, this information may be considered personal information under applicable data protection laws.
   
   Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g., country or city-level location), "click stream" data, and other technical information. We also may collect information about how your device has interacted with our websites and products, including the pages and products accessed and links clicked. Collecting this information enables us to better understand the visitors who come to our websites and the users of our products and services, where they come from, and what content on our websites, products, and services are of interest to them. We use this information to comply with law and for our analytics and business purposes, such as improving the quality and relevance of our websites, products, and services; sending you information on our products and services that we believe may be of interest or value to you; and also marketing and promotional e-mails. We also use this information to identify unauthorized use or distribution of our products and services, and other security issues.
3. Information that we obtain from third party sources
   We may also receive personal information about you from third party sources (such as our resellers and/or your employer), but only when we believe that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.
   
   Your employer may have purchased our products or services, and designated you as an authorized user for your employer. In these cases, we are relying upon your employer's contractual commitment to us that the employer has secured your consent where required, and has notified you that your employer has provided your information to us. If you do not want us to have this information, please confer with your employer.
   
   Specifically, the types of information we collect from your employer consist of your company issued contact details, which includes your name, your company issued email, and your company telephone number.
   
   We also may receive personal information from other third parties, where you or your employer have authorized such information to be provided to OSS.

Who does OSS share my personal information with?

We may disclose your personal information in connection with the enforcement of our rights under our contracts with you and/or your company, or to enforce our Terms of Use. We may also disclose your information to your employer, law enforcement, courts and regulatory and governmental bodies.

Third parties that help us to present and operate our Sites may process your information, but only to facilitate our operations and our services to you. In addition, with respect to certain countries, we use resellers to license and distribute our products and services. If you request to license our products and services and you are located in certain countries, we may share your business information with the applicable reseller that we use for that country for the purpose of having such reseller provide you with our products and services. If you license or receive any of our products or services through any reseller, you should review such reseller's privacy policies and any agreement that you enter into with that reseller because any information you provide the reseller will be subject to the reseller's privacy policies and any agreement that you enter into with that reseller. Such resellers may provide us with your business contact information; we will use such information in compliance with this Privacy Policy.

We may also provide your personal information pursuant to a corporate merger, acquisition, or sale of assets by OSS. In these instances, the acquiring entity will continue to be subject to applicable laws in the processing of your personal information.

In addition, we may disclose your personal information to any other person, with your consent to the disclosure.

Legal Basis for Collecting and Using Personal Information (EEA and UK users only)

We may process or share your data that we hold based on the following legal basis:

• Consent: We may process your data if you and/or your employer have given us specific consent to use your personal information for a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you or your employer, or where you have requested samples and/or a proposal, we may process your personal information to fulfill the terms of our contract or your requests.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.

Cookies and Similar Tracking Technology

We use cookies and similar tracking technology (collectively, "Cookies"), such as Google analytics, to collect personal information about you when you visit our websites and use this information solely for our legitimate business interests. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove or reject cookies, this could affect certain features or services of our websites. To opt-out from Google Analytics click Opt-out.

OSS Security Procedures

We have implemented reasonable technical and organizational security measures designed to protect the security of the limited personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure; we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. We use reasonable measures to protect your personal information, but to the fullest extent allowed by law, the transmission of personal information to and from our websites is at your own risk. You should only access the websites within a secure environment.

International Data Transfers

Your personal information may be transferred to and processed in countries other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective).

Specifically, our servers and support staff are located in various countries which may be located outside of the jurisdiction where we collected the data, such as the United States. This means that when we collect your personal information we may transfer it to or process it in any of the countries in which we do business or use third party service providers.

We require, by contract, that these third parties and staff members comply with this Privacy Policy and with applicable data protection laws.

Data Retention

We retain the personal information we collect from you only when we have a legitimate business need to do so (for example, to provide you with a product or service you have requested, to enforce our contractual and intellectual property rights, or to comply with applicable legal, tax, or accounting requirements). If you elect to opt-out from receiving future correspondence from us, we do keep your information for the limited purposes of complying with your request and/or if you have an ongoing subscription and/or dispute pending with us.

Your Data Protection Rights

Your rights include the right to access, correct, update, or request deletion of your personal information. You also have the right to withdraw the consent you have provided to us. In addition, you also have the data protection rights to (i) object to our processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information, and (ii) to opt-out of marketing communications we send you at any time. You can exercise your right to opt-out by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you or by using the OSS specific contact details below. You also have the right to complain to a data protection authority about our collection and use of your personal information.
We are not currently subject to the California Consumer Privacy Act. However, we do afford Site visitors to exercise certain rights regarding their data, as stated above. Further, we do not sell your personal information to third parties.
For more information, please contact your local data protection authority.

In some regions (like the European Economic Area and the UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure, (iii) to restrict the processing of your personal information, and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact information below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note, however, that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

How can you review, update, or delete the data we collect from you?
Based on the applicable laws of your country, you may have the right to request a copy of the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request by clicking here. We will respond to your request within 30 days.

Verification Process
Upon receiving your request, we will need to verify your identity to determine that you are the same person as whom we have the information for in our system. These verification efforts require us to ask you to provide information so that we can match it with the information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use the personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here.
If you are a resident of Switzerland, the contact details for the data protection authorities are available here.
Please be advised, however, that as provided in our Terms of Use, your agreement with us regarding our websites is governed by U.S. law and the laws of the State of New Jersey. Further, to the fullest extent allowed by law, the venue for disputes is in the United States.

Updates to this Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, the updated version will be posted and will not be effective for ten (10) days after such posting.

You can see when this Privacy Policy was last updated by checking the "last updated" date displayed at the top of this Privacy Policy.

How to Contact OSS

If you have any questions or concerns about our use of your personal information, please contact our Chief Privacy Officer at privacy@oss.com or Chief Privacy Officer, OSS Nokalva, Inc., 300 Atrium Drive, Suite 402, Somerset, New Jersey 08873.