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Privacy Policy

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Omnilert Privacy Policy

Last updated: April 1, 2023

Omnilert LLC (“we” or “us” or the “LLC”) respects your privacy. This Privacy Policy describes how we collect, use, and disclose information about you that we collect through our website www.omnilert.com, www.omnilert.net, mobile applications and websites, microsites, pages on social media sites, HTML-formatted email messages that we send to you and any other digital services, and properties operated or used by us from time to time (collectively, the “Sites”).

By providing personal information to us, you agree to the terms and conditions of this Privacy Policy. If you do not agree with the practices described below, you should not use the Sites.

FURTHER, THE SITES ARE CONTROLLED AND OPERATED BY US FROM THE UNITED STATES AND ARE NOT INTENDED TO SUBJECT US TO THE LAWS OR JURISDICTION OF ANY STATE, COUNTRY OR TERRITORY OTHER THAN THAT OF THE UNITED STATES.



Personal Information

"Personal Information" is information that identifies you as an individual. The categories of personal information may include, among other things, your name, phone number and email address.

If you submit any Personal Information relating to other people to us in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

 

How We May Collect Personal Information

We may collect Personal Information in a variety of ways, including:

  • Through the Sites: We may collect Personal Information through the Sites, such as when you visit the Sites, or register for a trial version of one of our products or services.
  • Offline: We may collect Personal Information from you offline, such as when you contact our customer service or sales departments.

 

How We May Use Personal Information

We may use Personal Information for the following categories of business purposes:

  • To communicate with you in order to fulfill the desire of your establishment which uses our Sites as a way to inform and interact with you.
  • To respond to your inquiries and fulfill your requests.
  • To send you marketing and other communications that we believe may be of interest to you.
  • To personalize your experience on the Sites by presenting product and service offers tailored to you.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, conducting surveys, determining the effectiveness of our communications and marketing, enhancing, improving or modifying the Sites, identifying usage trends, and operating and expanding our business activities.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety, or property, and/or those of you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

How We May Disclose Personal Information

We may disclose your Personal Information for the following categories of business purposes:

  • To our third-party service providers who provide services such as information technology and related infrastructure provision, messaging and voice service, email delivery, data analysis, marketing analysis, auditing and other services. These service providers are contractually obligated to ensure the confidentiality of Personal Information and implement appropriate security measures.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business or assets (including in connection with any bankruptcy or similar proceedings).
  • As we believe to be necessary or appropriate: under applicable law; to comply with legal process; to respond to requests from public and government authorities; to enforce our terms and conditions; to protect our operations; to protect our rights, privacy, safety, or property, and/or that of you or others; and to allow us to pursue available remedies or limit the damages that we may sustain.

 

Legal Basis

Our legal basis for collecting Personal Information are: (i) your consent; (ii) where we need the Personal Information for performance of a contract or requested service; or (iii) where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the Personal Information in question. If we collect your Personal Information with your consent, you may withdraw your consent at any time as provided below. You understand and agree that we may collect, use, disclose and otherwise process the Personal Information you provide even if you are located outside the United States.


Other Information

"Other Information" is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

  • Browser and device information
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information, messages from you to your establishment and other information provided by you
  • IP address
  • Aggregated information

We and our third-party service providers may collect other information in a variety of ways, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Sites you are using. We use this information to ensure that the Sites function properly. Likewise, if you use any mobile device to access the Sites or download any of our applications, we may also collect device information (such as your mobile device ID, model and manufacturer).
  • Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Sites, pages visited, language preferences and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation and display information more effectively, and to personalize your experience while using the Sites, as well as for online tracking purposes. We can recognize your computer to assist your use of the Sites. We also gather statistical information about the usage of the Sites in order to continually improve the design and functionality of the Sites, to understand how the Sites are used and to assist us with resolving questions regarding the Sites. Cookies further allow us to select offers that are most likely to be relevant to your interests and needs and display them while you are on the Sites. We may also use cookies for online advertising to track responses to our offerings and we may use cookies or other files to track your use of other websites. If you do not want information collected through the use of cookies, you can decline cookies; however, if you do not accept these cookies, you might experience some inconvenience in your use of the Sites. Cookies can be removed by following your web browser’s directions. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.
  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with the Sites to, among other things, track the actions of users of the Sites (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Sites and response rates.
  • IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Sites, along with the time of the visit and the pages that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Sites, helping diagnose server problems and administering the Sites.
  • By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Sites.

 

How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in “How We May Use Personal Information” section above, as well as for all the purposes for which we use and disclose Personal Information.

In some instances, we may combine Other Information with Personal Information (such as combining a name with a geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

 

Sensitive Information

We ask that you not disclose any sensitive Personal Information (such as a social security number or credit card number) on or through the Sites.

 

HOW YOU CAN MANAGE OUR USE AND DISCLOSURE OF SENSITIVE INFORMATION

Do Not Track Signal

The Sites do not respond to web browser “do not track” signals at this time.

Email

If you do not wish to receive marketing email messages about our products or services, or you wish to update, correct or delete your account information, contact us at:

Omnilert, LLC
880 Harrison Street SE
Leesburg, VA 20175
Email: info@omnilert.com

Direct Mail or Telemarketing

If you no longer want to receive marketing-related postal mail or telephone calls from us, you may opt-out of receiving these marketing communications by contacting us at:

Omnilert, LLC
880 Harrison Street SE
Leesburg, VA 20175
Email: info@omnilert.com

Please specify the contact information used and the form of marketing from which you are opting out.

Withdrawing Your Consent

You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure of your information. We will accommodate your request subject to legal and contractual restrictions. To withdraw or change your consent, contact us at:

Omnilert, LLC
880 Harrison Street SE
Leesburg, VA 20175
Email: dpo@omnilert.com 

 

Third-Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party operating any site or service to which the Sites link. The inclusion of a link on the Sites does not imply our endorsement of the linked site or service. Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, including those relating to any Personal Information you disclose to other organizations through our pages on social media sites such as Facebook and Twitter.

 

Information Security

We seek to use commercially reasonable measures to protect Personal Information within our organization and have implemented a written information security plan. However, no data transmission through the internet or via mobile devices, or even the physical transfer of information, can be guaranteed to be completely secure. We cannot fully eliminate all security risks associated with your transmitting Personal Information to us. We do not ensure or warrant the security of any data or information you transmit to us, and you do so at your own risk. Certain areas of the Sites may require the use of a user ID, email address and/or password as an additional security measure to help protect your information.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this privacy policy unless a longer retention period is required by law. When there is no longer a legitimate need to retain your information, we will securely delete or anonymize it, or if this is not possible, securely store it until deletion is possible.

 

Use of Service By Minors

The Sites are not directed to individuals under the age of 13, and we request that these individuals do not provide Personal Information through the Sites. In the event that we learn that we have collected Personal Information on the Sites from a child under age 13, we will delete that information promptly. If you believe that we might have any Personal Information from a child under 13, please contact us at the details at dpo@omnilert.com so that we may delete it.

 

California Privacy Rights

In addition to the rights as explained in this Privacy Policy, under California’s “Shine the Light” law, California residents who provide personal information (as defined in the statute) are entitled to request once a calendar year a notice about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this notice would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (for example, requests made in 2020 will receive information about 2019). If you are a California resident and want a copy of this information please write to us at: Omnilert, LLC, 880 Harrison Street SE, Leesburg, VA 20175 or dpo@omnilert.com. Please specify that you are submitting a “California Privacy Rights Notice.”

“California Consumer Privacy Act”— The California Consumer Privacy Act (CCPA) gives California consumers enhanced rights with respect to their personal information that is collected by businesses. The CCPA provides California consumers with three rights regarding their personal information.

First, California consumers can opt out of the sale of their Personal Information. However, this option is not available as Omnilert does not sell your Personal Information.

Second, California consumers may opt out of having their personal information sold to other persons or parties.

Third, California consumers can request to know:

  1. What specific pieces of information a business has collected about the consumer.
    2. Categories of personal information it has collected about the consumer.
    3. Categories of sources from which the personal information is collected.
    4. Categories of personal information that the business sold or disclosed for a business purpose about the consumer.
    5. Categories of third parties to whom the personal information was sold or disclosed for a business purpose.
    6. The business or commercial purpose for collecting or selling personal information.

Fourth, California consumers can request that a business delete Personal Information about the consumer that a business has collected from the consumer.

This Privacy Policy provides the required notices to California consumers. The categories of Personal Information we collect and disclose for business purposes in the preceding 12 months are described above. The CCPA also prohibits covered businesses from providing discriminatory treatment to California consumers if they exercise their rights under the CCPA.

To make a “Request to know” or “Request to delete” your personal information, send us an e-mail at dpo@omnilert.com. Please put either “Request to know” or “Request to delete” in the subject line of your email. You may also submit these requests via our CCPA Interactive Request Form at www.omnilert.com/ccpa-request. Authorized agents may also complete and submit the interactive request form on behalf of a California consumer.

We will confirm receipt of your request within 10 business days. We must provide the requested information or delete your personal information within 45 days of receipt of your request, but we can use up to an additional 45 days if we let you know that additional time is needed.

Before responding, we must verify that the person making the request is the person about whom we have collected their personal information. We may ask you to provide certain, limited personal information, such as your name and email address to verify and match your identity with our records and systems. If you have an account with us, we may ask that you verify your identity through our account authentication process. This is also to protect against fraud. We will not retain this personal information or use it for any other purpose. Also please be advised that we need to search our records and systems only for the preceding 12 months. There may be cases where we do not have any personal information about you or we are not able to verify your identity for matching purposes. Deleting your Personal Information may result in the closing of your account and inability to access the Services. However, you can always re-register at any time.

(Residents of Nevada and other states may also have similar rights to request information about or delete their personal information. To inquire about exercising these rights, please contact us at dpo@omnilert.com.)

 

Located in the United States

Omnilert and the Sites are located and hosted in the United States and governed by US law. If you are outside the United States when you visit the Sites or engage in communications with us via mail, e-mail or telephone, please be aware that your Personal Information may be transferred to, stored and processed in the United States where our servers are located. Any information you provide to us, or that we collect through your use of the Sites and will be stored, processed and transferred within, or to, the United States. Please be aware that the United States and jurisdictions other than the one in which you are located may not provide the same level of data protection as considered adequate in your country. Note also that your Personal Information may be available to the US Government or its agencies under legal process in the United States.

 

EEA, United Kingdom and Switzerland Privacy Rights

The Legal Basis for Using EEA, UK and Swiss Personal Information

For residents of the European Economic Area (EEA), United Kingdom and Switzerland, we advise that your Personal Information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”). Our legal basis for collecting and using your Personal Information is to do so with your consent; where we need the Personal Information for performance of a contract or requested service, including to provide you with our daily Newsletter, or where the collection and use is in our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the Personal Information in question. If we collected your Personal Information with your consent, you may withdraw your consent at any time.

Our retention of your Personal Information and any subsequent communications are based on our legitimate interest in providing you with new and potentially relevant materials based on your geography, role, or company. As always, you can elect to opt out from receiving such future communications.

To the extent that we transfer Personal Information from the EEA, UK or Switzerland to a jurisdiction outside the EEA, UK or Switzerland that has not been adduced by the European Commission as providing adequate data protections (such as the United States), we will ensure that such Personal Information is safeguarded through appropriate contractual terms or other approved mechanisms.

Rights for EEA. UK or Swiss Residents

In addition, if you are a resident of the EEA, UK or Switzerland, you have the right to:

  • Find out if we use your Personal Information, to access your Personal Information and receive copies of your Personal Information.
  • Withdraw any express consent that you have provided to the processing of your Personal Information at any time without penalty.
  • Access your Personal Information and have it corrected or amended if it is inaccurate or incomplete.
  • Obtain a transferable copy of some of your Personal information which can be transferred to another provider when the Personal Information was processed based on your consent.
  • If you believe your Personal Information is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your Personal Information, you also have the right to request that we restrict the processing of your data pending our investigation and/or verification of your claim.
  • Request your Personal Information be deleted or restricted under certain circumstances. For example, if is using your Personal Information on the basis of your consent and has no other legal basis to use such, you may request your Personal Information be deleted when you withdraw your consent.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

If we ask you to provide Personal Information to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your Personal Information is required and if not, the consequences of not sharing your Personal Information with us.

Similarly, if we collect and use your Personal Information in reliance on our or a third party's legitimate interests and those interests are not already described above, we will let you know what those legitimate interests are.

We endeavor to apply suitable safeguards to protect the privacy and security of your Personal Information and to use it only consistent with your relationship with us and the practices described in this Privacy Policy.

To withdraw consent or exercise these rights, please contact us via email at dpo@omnilert.com.

If you are not satisfied with our response, or believe we are processing your Personal Information in violation of the law, you have the right to lodge a complaint with the Supervisory Authority (also known as Data Protection Authority) or other appropriate governmental authority in your EEA Member State or Switzerland.

 

EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework

Omnilert complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Omnilert has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Omnilert has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Omnilert commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Omnilert at: dpo@omnilert.com.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Omnilert commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

Omnilert is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). The FTC is a U.S. government agency responsible for enforcing consumer protection laws and ensuring that businesses comply with privacy and data protection regulations. As a part of its responsibilities, the FTC has the authority to investigate organizations for potential violations of privacy regulations and take appropriate legal action if necessary.

Under certain conditions, individuals have the option to invoke binding arbitration. Binding arbitration is a legal process in which an impartial arbitrator or panel of arbitrators makes a final, legally binding decision on a dispute between the individual and the organization. This option is available when other dispute resolution mechanisms have been exhausted, and the individual believes that their privacy rights have not been adequately addressed by the organization or relevant authorities.

Omnilert is committed to protecting your personal information and ensuring that it is processed in compliance with applicable privacy laws and regulations. In cases where we transfer your personal information to third parties, we remain liable if the third party processes your information in a manner inconsistent with our Privacy Policy, and if we are found to be responsible for the event that led to the improper processing.  To mitigate this risk, we carefully select third-party service providers and partners, and require them to adhere to the same privacy principles.

 

Updates to this Privacy Policy

As our products, services, and activities change from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason. The date of the last revision to this Privacy Policy will be indicated by the “Last updated” date at the top of this page. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Sites. Your use of the Sites following these changes means that you accept the revised Privacy Policy.

 

 

Supplemental Gun Detect Demo Privacy Policy

In addition to the policies set forth above, the following supplemental policies apply to users of Omnilert’s online Gun Detect Self Demo (hereinafter, the “Demo”):

  • To obtain the right to participate in the Demo, users must register with Omnilert, providing requested contact information (the “Registration Information”).
  • Omnilert will use this Registration Information to send the registered user by email a link that will afford the user access to the Demo.  In addition, this Registration Information may be used for product marketing purposes, to obtain feedback and other business purposes allowable under Omnilert’s general privacy policy terms as set forth above, and updated from time to time.
  • After the user gains access to the Demo, the Demo will request that the user allow the Demo to access the user’s web camera, which is necessary for the operation of the Demo.
  • To use the Demo, the user must also have available a realistic toy gun or unloaded handgun or long gun (collectively, the “Weapon”), which will be brandished by the user in front of the camera, allowing the Demo’s artificial intelligence (“AI”) software to make a determination of whether there is a gun present.
  • In typical use, it can be anticipated that during the Demo, the user’s camera imaging may capture a user’s face or other visible body parts, some details of the brandished Weapon, and possibly some of the background or other incidental items in the frame of the camera (collectively, the “Imaging Data”).  This Imaging Data is transmitted to Omnilert over the user’s Internet connection and is remotely analyzed by the AI software underlying the Demo, and a determination is made by the AI software whether there is a gun or some other familiar object present in the camera frame, together with some measure of certainty of the result, reflected in color highlighted images with numerical ratings.
  • By accessing and using the Demo, the user acknowledges and agrees that the aforesaid Imaging Data will be captured by the user’s web camera, transmitted over the Internet to Omnilert, analyzed, stored and utilized by Omnilert in accordance with the objectives of the Demo.  The Imaging Data may also be used without restriction for purposes of refining Omnilert’s Gun Detect product, underlying AI software, user interface or the Demo itself (the “Product Refinement Objectives”) or as otherwise permitted in Omnilert’s Privacy Policy as set forth above, and updated from time to time.
  • Omnilert will hold both the Registration Information and the Imaging Data in confidence, and will not disclose them to the public or to any third party, except as necessary under contractual arrangements for the Product Refinement Objectives.  Any such contractual arrangements will provide for the confidentiality of the Registration Information and Imaging Data and limit their use and disposition to the necessities of the Product Refinement Objectives or as otherwise permitted in Omnilert’s privacy policy as set forth above, and updated from time to time.

 

 

Contact Us

If you have any questions about this Privacy Policy, please contact us at: Omnilert, LLC, PO Box 178590, San Diego, CA  92177 or dpo@omnilert.com.