Privacy Policy

OFS Fitel, LLC (“OFS”) is committed to safeguarding the privacy of the Personal Information (as described below) that we gather and use concerning you. We want you to know that the information you share with us will be treated with care.

This Privacy Policy (“Policy”) addresses what Personal Information we collect and how we handle the personal information shared with us.

Application of this Policy

This Policy applies to Personal Information we obtain from and about individuals (“you”) interacting with OFS (as part of its day-to-day business) and its websites, social media channels, products, and services. This Policy applies to Personal Information we obtain from and about you as part of all interactions with OFS, including as a customer, supplier, vendor, or visitor. This Policy does not apply to Personal Information we obtain in our capacity as an employer. The term “Personal Information” in this Policy refers to information that identifies or is capable of identifying you as an individual.

References to “OFS”, “we”, “us” and “our” throughout this Policy, depending on the context, collectively refers to all the legal entities within the OFS family of companies, including the entity with which you have or may have interaction with and/or a business relationship.

Key points about our Personal Information practices

Collection	We may collect Personal Information about you, such as name, address, email address, phone number, tax identification number, IP address, and financial information through your use of our websites, products or services, and through OFS’ affiliates, resellers, representatives, licensees, business partners, service providers, and others who provide information to us.
Use	We may use your Personal Information to provide products and services, to maintain customer relationships, for safety and product research purposes, to provide customer and product support and service, and for marketing purposes.
Sharing	We may share your Personal Information as required by law, within OFS, with our OFS controlled subsidiaries and affiliates, with OFS’ resellers, representatives, licensees, service providers, and with our business partners.
Choices	You have choices regarding how we use and share your Personal Information for marketing and other purposes.
Cookies and Tracking	We may use cookies, pixel tags, web beacons and similar tracking technologies to help provide our products and services, understand and customize your preferences, and display relevant advertising
Third Party Products and Services	Through the use of OFS websites, products, and services, you may be able to access third party services, applications, and websites not controlled by OFS or covered by this Policy.
Business Associates	OFS’ business partners, resellers, representatives, and others are separate legal entities with their own privacy practices. For questions about their privacy practices including opting out of marketing communications, please contact those organizations directly.
Access and Update	You may contact us to learn about how to access, update, and delete your Personal Information.
Security Measures	We maintain reasonable and adequate security controls to protect your Personal Information and require our service providers by contract to do the same.
Retention	We keep Personal Information for as long as necessary to provide our products and services, operate our business, and comply with legal obligations.
Children’s Privacy	OFS websites do not target or knowingly collect any Personal Information from children under the age of 13.
Additional Notice to California Residents	California residents may request information about any disclosure of Personal Information to third parties for direct marketing purposes. Additionally, under California law, California residents may submit certain requests regarding their Personal Information.
Additional Notice to EEA Residents	We maintain appropriate protections as required by law, including for residents of the European Economic Area.
Contact Us	If you have concerns or questions regarding OFS’ privacy practices, including this Policy, please contact us at Privacy@OFSOptics.com.
Changes	We may update this Policy from time to time. We will do so by posting additions or modifications to this page.

Information Collected

As you interact with OFS, there may be opportunities for you to provide us with your Personal Information. Additionally, we may collect certain Personal Information about you as further described below.

You may provide us with Personal Information about you through a number of sources: OFS websites, applications, orders, trade shows and related events, surveys, social media platforms, sweepstakes entries and through our customer call centers. We also collect Personal Information that is publicly available. For example, we may collect publicly available Personal Information you submit to a blog, a chat room, or a social media platform like Facebook, Twitter or Google+ and we may use your Personal Information for the purposes set out in this Policy. OFS engages on multiple social media platforms and if you contact us on one of our social media pages, request assistance via social media or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Policy as well as the privacy policy of the social media platform you use.

We also receive Personal Information about you through orders, bids, repairs and service records, and tradeshows that you attend. We also may obtain Personal Information about you from OFS business partners, resellers, representatives, licensees and other sources, such as companies that provide lists of potential customers, and if such companies are permitted to share your Personal Information with us pursuant to their privacy policies. We may combine Personal Information that we receive from the various sources described in this Policy, including third-party sources, with Personal Information you provide, and use it and share it for the purposes identified below.

Types Personal Information that OFS collects about you may include, but is not limited to:

• contact information (such as name, address, city, state and zip code, email address and telephone number);
• payment information (such as your credit card number, CVV code and expiration date);
• order, repair, and service information (such as account number, products ordered, and service requests);
• information about your connected devices (such as mobile phone, computer, or tablet) and how you interact with our products, services, and websites (such as IP address, browser type, unique device identifier, cookie data, and associated identifying and usage information);
• demographic information (such as gender, date of birth, marital status and household composition);
• marketing profile information (such as when you plan to order; the products you’re interested in);
• photographs and videos such as those that you may submit for contests, social sharing, and tradeshows;
• Social Security Number (in limited circumstances, for example if you win a contest or receive compensation that must be reported for government tax purposes); and
• account information (such as login credentials and contact details).

Use

The Personal Information OFS collects about you may be used:

• to provide products and services and maintain customer relationships;
• to improve the quality and safety of our products and services;
• to administer your account(s) and process your payments for products and services;
• to operate our websites and applications, including online registration processes;
• to autofill data fields on our websites to improve your online experience;
• to develop new products and services;
• for warranty administration and validation;
• to provide information and product updates;
• to evaluate customer support and product performance;
• to purchase supplies and materials;
• for research, evaluation of use, and troubleshooting purposes;
• for marketing and analytics purposes;
• to customize and improve communication content; and
• to comply with legal, regulatory or contractual requirements.

Communications with you in connection with these uses may be via mail, telephone, e-mail, social media and other electronic messages, including via our websites and applications. See “Choices” below to learn how to manage your communication preferences.

Sharing

OFS may share the Personal Information it collects about you in the following instances:

• within OFS, with our OFS controlled subsidiaries and affiliates, with OFS representatives, resellers, and licensees;
• with our services providers who work on our behalf, and who do not have an independent right to use the Personal Information to which they have access to or that we disclose to them;
• with our business partners for OFS marketing activities, business partner marketing activities or both;
• in connection with the sale, transfer or financing of a significant part of OFS or its assets;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a law enforcement request, or to enforce our Terms of Use (incorporated herein as part of this Policy), contracts and other legal notices; and
• as required by law, such as in conjunction with a subpoena, government inquiry, litigation, dispute resolution or similar legal process.

Apart from the purposes listed above, OFS will not share Personal Information about you with other third parties.

Choices

If you do not want to receive unsolicited marketing communications from OFS, please follow the instructions in the email or related digital newsletter to unsubscribe.

If you opt out of receiving marketing communications from OFS, your Personal Information will not be used for marketing, but may still be used for the other purposes described in this Policy (such as order support and product service).

Cookies/Tracking Technologies

OFS may use cookies, pixel tags, web beacons and other tracking technologies on our websites, applications, email messages and advertisements to gather Personal Information about your visit (such as demographic data, browser type, IP address, pages visited, activities conducted on the page, and the day and time of your visit). Using cookies provides benefits to you, such as allowing you to maintain your account login information, or contact information on, for example, quote request forms between visits, or locating a nearby reseller. In addition, we use Personal Information gathered from cookies to autofill fields on forms such as the city, state or zip code associated with your IP address. This Personal Information can be corrected by you before submitting any form or inquiry or you can disable the cookie as discussed below and this Personal Information will not be collected.

We place pixel tags and web beacons in our emails to measure the effectiveness of our email campaigns by identifying the individuals who open or act upon an email message, when an email message is opened, how many times an email message is forwarded, the type of software, device, operating system and browser used to deliver the email and any URL accessed through our email message.

To measure site activity, provide a better user experience, and tailor our marketing communications, we or our service providers or business partners may compile Personal Information from the cookies, pixel tags, web beacons or other technologies on our websites. In particular, we use Google Analytics to track statistics about the use of our websites, including information about which browser you use, which pages you often visit and how long you view our websites. More information about Google Analytics is available here.

This Personal Information may be combined with other Personal Information collected online or offline about you, including data provided by third party sources, and may be used or shared for the purposes described in this Policy. This Personal Information may be used to evaluate our online advertising campaigns or to tailor promotions and other marketing messages to you across your devices.

These are the types of cookies used on our websites:

Session Cookies

Session cookies are created when you visit our website. Session cookies identify your browsing session and allow our servers to communicate back and forth to your computer or mobile device as you navigate our website. If you do not allow session cookies, you will not be able to sign into certain sections of our website and access secure applications. Session cookies are only used for the length of your browsing session and are deleted automatically from your computer when you end the session.

Persistent Cookies

Persistent cookies are text files that are stored on your computer or mobile device during and between browser sessions. These cookies are used to remember your preferences, to personalize your experience, and to remember information that you provided so that you do not have to re-enter this information every time you visit with us. For example, if you choose a language option, we will remember that choice. The next time you visit our website, it will display in your chosen language. Persistent cookies remain on your computer or mobile device for longer than a browsing session and have varying expiration dates, upon which, the cookie is deleted.

Third Party Cookies

Besides placing our own cookies on your computer or mobile device, we may also allow certain third parties to place cookies to track and analyze data relating to visits to our website and serve advertisements. Third Party cookies contain the information needed to execute the functionality or service provided. For example, such as when you want to share content on our website via social media. These third parties will manage the data they collect and they may combine it with other information they have in accordance with their privacy policies.

Managing Your Cookie Preferences

You may refuse or delete cookies. Please refer to your browser Help instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse or delete cookies, you will need to repeat this process if you use another computer, or change browsers. If you choose to decline cookies, some of the functionality of our website may be impaired. For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies, visit All About Cookies.org and What Are Cookies.com. You can also visit NAI, for more information on how to “opt-out.”

Third Party Services, Applications and Websites

Through the use of OFS websites, you may be able to access third party services, applications and websites not controlled by OFS or covered by this Policy, such as those belonging to OFS resellers, co-branded websites offered in conjunction with a business partner, or independent product review sites. We recommend that you carefully review the privacy policy of other third party services, applications and websites before providing any Personal Information.

OFS Business Associates

OFS and OFS’ business partners, resellers, and representatives (collectively “business associates”) are separate legal entities with their own privacy practices. For questions about their privacy practices including opting out of marketing communications from them, please contact them directly.

When you buy from an OFS business associate, they will share your Personal Information with OFS. Please be aware that each business associate operates as a separate legal entity and you should read their privacy policy to ensure that you understand its privacy practices and procedures. While OFS encourages its business associates to ensure full compliance with all applicable privacy legislation, OFS is not responsible for business associates’ compliance with applicable law.

Access and Update

You may contact us, as provided below, to learn about how to access, review, correct, update, or delete the Personal Information about you in our records. We may need to retain certain Personal Information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law. Please submit your requests to us at Privacy@OFSOptics.com.

We will initially respond to your request within ten (10) business days and in accordance with applicable law. If we provide you with a copy of the Personal Information we maintain about you, we will provide the results in a digital format.

How We Safeguard Your Personal Information

We maintain reasonable and adequate technical, administrative, and physical security and confidentiality measures designed to help protect your Personal Information from unauthorized access or acquisition. We also require by contract (other than in emergency situations) that third party services providers acting on our behalf or with whom we share your Personal Information also undertake to provide such security and confidentiality measures in accordance with industry standards.

How Long We Keep Your Personal Information

We may keep the Personal Information we collect for as long as necessary to provide products or services to you, to operate our business, to enable us to communicate with you, for our safety, research, evaluation of use, or troubleshooting purposes, or to satisfy our legal or contractual obligations. Where required, we will anonymize or dispose of the Personal Information we collect when we no longer need it for the uses described above. Under all circumstances, OFS will only retain Personal Information for as long as it is necessary and in all cases for no longer than permitted by applicable law.

Children’s Privacy

OFS websites do not target or knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, do not use our websites and do not provide any information to us through our websites. If we learn we have collected or received any Personal Information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe we may have collected or received any information about a child under the age of 13, please contact us using the contact details provided in the How to Contact Us section below. To learn about how to protect children’s privacy online view this FTC guide.

Additional Notice to California Residents

If you are a California resident, under California Civil Code Section 1798.83, once a year you may request a notice from us regarding our disclosure of Personal Information, if any, to third parties for their direct marketing purposes. To make such a request, please contact us using the contact details provided in the How to Contact Us section below.

In addition, under the California Consumer Privacy Act of 2018 (“CCPA”), effective January 1, 2020, if you are a California resident, you have the following rights:

The right to request the deletion of your Personal Information; and

Up to two times a year, you have the right to request access to your Personal Information that we collected, used, and/or disclosed, during the preceding 12 months, which shall include:

• The categories of Personal Information that we’ve collected, used, or shared for business purposes.
• The source from which we collected such Personal Information.
• The third parties with whom we’ve shared that Personal Information.
• The business or commercial purpose for collecting that Personal Information.
• The specific pieces of Personal Information we’ve collected about you.

For purposes of exercising your rights under this section, please note the following regarding how we collect and use your Personal Information as described in this Policy:

• We collect the following categories of Personal Information: Identifiers; payment information; commercial information; professional or employment-related information; characteristics of protected classifications under California or federal law; audio, electronic, visual, or similar information; internet or other electronic network activity information; geolocation data.
• We disclose the following categories of Personal Information for business purposes, as needed: Identifiers; payment information; commercial information; professional or employment-related information; audio, electronic, visual, or similar information; internet or other electronic network activity information; geolocation data.

To submit a request under this section, please contact us using the details provided in the How to Contact Us section below. We will not discriminate against you because you exercise your rights under this section.

Additional Notice to Residents of the European Economic Area (“EEA”)

• Your Data Protection Rights

As noted above, you may request access to or ask us to correct, update, or delete your Personal Information. We will consider your request in accordance with applicable laws. In addition, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your Personal Information. You can exercise these rights by contacting us using the contact details provided below. Similarly, if we have collected and processed your Personal Information with your consent, you have the right to withdraw your consent at any time by contacting us. Withdrawing your consent will not affect 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. Lastly, you have the right to address your concerns to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority (contact details for data protection authorities in the EEA, are available here).

• Legal Basis for Processing Personal Information

If you are a resident of the EEA, our legal basis for collecting and using the Personal Information described in this Policy will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect Personal Information from you where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Typically, our legitimate interests include: improving, maintaining, providing, and enhancing our technology, products, content, and services we provide to you; and conducting marketing activities. In other situations, where required by law, we will collect your Personal Information only where we have your consent to do so. If you have any 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 in the How to Contact Us section below.

• International Data (Cross-Border) Transfers

OFS is headquartered in the United States. If you are located anywhere outside of the United States (including in the EEA), please be aware that some information we collect (including Personal Information), will be transferred to, processed and stored in the United States. We have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Policy and applicable law.

Some of these safeguards include requiring OFS entities to protect Personal Information they process from the EEA in accordance with European data protection laws, including Regulation (EU) 2016/679 (the General Data Protection Regulation (“GDPR”)). We have implemented similar appropriate safeguards with our third-party service providers.

OFS Fitel, LLC acts as a data processor for its OFS controlled subsidiaries and affiliates in Europe by providing data hosting, maintenance, support, and troubleshooting of services, as well as other redundant back office support. Under some circumstances, OFS Fitel, LLC acts as a data controller in relationship to its OFS controlled subsidiaries and affiliates. In addition, data (including some Personal Information) from OFS companies outside the United States is shared with OFS Fitel, LLC to evaluate or research the safety, quality, usage, and functionality of products and services; to provide customers with product support and services; and to ensure accurate customer records and maintain customer relationships.

We transfer, process, and store your Personal Information in the United States and other locations where we or our service providers maintain servers. The data protection laws in the United States may differ from those of the country in which you are located (and/or a citizen of), and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By providing us with your Personal Information, you consent to this transfer.

If you use products or services offered by an OFS company outside of the United States, you may wish to raise any privacy questions with such company directly, including filing any requests to access European customer data or exercise other privacy rights. You may also raise questions with OFS using the contact details below.

How to Contact Us

If you have any questions about this Policy, about the processing of your Personal Information as described herein, or any concerns with regard to this Policy, or if you would like to submit a request (in the manner described in the Access and Update, Additional Notice to California Residents, or Additional Notice to Residents of the EEA sections above) for access to the Personal Information that we maintain about you, please contact us at Privacy@OFSOptics.com. In the alternative, as of January 1, 2020, if you are a California resident, you may also submit a request by contacting us at 1-877-416-9790.

Changes to this Policy

Just as our business changes, from time to time this Policy may also change to reflect new or different privacy practices. We will do so by posting additions or modifications to this page. We encourage you to review this Policy periodically.

Last Revised: December 2019