Privacy Policy
OPTIAK is committed to protecting and respecting your privacy. In this Privacy Policy, we explain how OPTIAK collects, uses, discloses and protects the Personal Information you submit to us, including, for example, when accessing, browsing, and using our website https://optiak.com, hereinafter the “Platform”.
Our Privacy Policy has been drafted to comply with applicable data privacy laws, in particular, the EU General Data Protection Regulation, “GDPR”. If the GDPR does not apply to you, not all terms of this Privacy Policy may be relevant to you.
As used in this Privacy Policy:
“OPTIAK”, “we”, “our” and “us” means OPTIAK TECHNOLOGY, S.L., and its affiliates and/or subsidiaries.
OPTIAK TECHNOLOGY, S.L. (OPTIAK), with Tax ID number B23848518, is located at Calle Tramontana 2, Bajo A, 28231, Las Rozas de Madrid (Madrid), Spain, and our contact email is privacy@optiak.com.
“Controller”, for the purposes of data protection laws, including the GDPR and other applicable data protection laws in European Union member states, as well as other relevant provisions, means OPTIAK.
“Personal Information” generally has the same meaning as personal data or personally identifiable information, PII. Personal Information is defined in the data privacy laws applicable in your country. It includes any information relating to an identified or identifiable natural person.
This means any individual who can be identified directly or indirectly by reference to an identifier such as name, identification number, location data, online identifiers, for example IP addresses if they can be used to identify you, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Put simply, this includes data which either by itself or with other data held by us or available to us, can be used to identify you.
OPTIAK is committed to the following key principles
Legal capacity
Minimum age
To provide us with your personal data, you must be at least 18 years old and/or, where applicable, have sufficient legal capacity to use our Platform.
Accuracy
When you provide us with your data to use our services, you guarantee that the data and information provided is real, accurate, up-to-date, and belongs to you and not to third parties.
In addition, you must notify us of any changes to the data provided, and you are responsible for the truthfulness and accuracy of the data provided at all times.
Age and accuracy control
OPTIAK reserves the right to verify your age and identifying information at any time, if necessary, including by requesting official supporting documentation or an equivalent procedure.
In the event of detected fraud or suspicion that you are under the indicated age, OPTIAK may delete, temporarily deactivate, and/or cancel your account.
We limit how, and with whom, we share your Personal Information
In general, OPTIAK will not disclose your data to third parties.
However, in addition to the transfers that we specifically indicate in the section explaining the characteristics of the different operations, we inform you of the communications that we may make in general, and that affect all of the above processing and its legal basis.
Providers of services essential to the performance of the service
We may share your data with providers of services essential to the performance of the service we offer you, for example, computer hosting companies or commercial communication delivery platforms.
Notwithstanding the foregoing, these entities have signed the corresponding confidentiality agreements and will only process your data in accordance with our instructions, and may not use it for their own purposes or for purposes other than the service they provide to us.
Public bodies
We may disclose to the competent public authorities any data and other information in our possession or accessible through our systems when there is a legal obligation to do so.
This may also happen when required, for example, when the purpose is to prevent or prosecute abuse of services or fraudulent activities through our Platform.
In these cases, the personal data you provide us with will be retained and made available to the administrative or judicial authorities.
In the event of a corporate transaction
In the event of a merger, acquisition, sale of all or part of its assets, or any other type of corporate transaction involving a third party, we may share, disclose, or transfer user data to the successor entity, even during the pre-transaction phase.
To third parties after aggregation or anonymization
We may disclose or use aggregated or anonymized data, meaning data that cannot be linked to an identified or identifiable natural person, for any purpose.
To third parties with the user's consent or other legitimate basis
In the event that we wish to share data with third parties outside the scope of this Privacy Policy, we will, in all cases, request your consent or inform you of the same and its legitimate basis.
Purpose and legal basis of the processing
Where you wish to provide us with Personal Information about another person, including colleagues, participants in meetings and phone calls, podcasts, videos, etc., or the persons you act on behalf of, you must ensure that you have their prior permission to do this.
You must also share with them a copy of this Privacy Policy, as well as any other relevant privacy statements, before you ask them for this permission.
We collect Personal Information for the purposes described above when you use our Platform and from public sources.
We keep your Personal Information for as long as it is necessary
We keep your Personal Information for as long as it is necessary to fulfil the purposes for which it was collected, as described above.
The criteria we use to determine data retention periods for Personal Information includes the following:
Retention in case of queries
We will retain it for a reasonable period after the relationship between us has ceased in case of queries from you.
Retention in case of contracting our products/services or contacting our customer service
We will retain it for the time necessary to deliver our product/service to you according to the contract conditions, as well as to attend any of your questions.
Retention in case of claims
We will retain it for the period in which you might legally bring claims against us.
Retention in accordance with legal and regulatory requirements
We will consider whether we need to retain it because of a legal or regulatory requirement, for example, to comply with tax or fiscal duties.
Retention in case of job applications
If you applied for a job offering with OPTIAK and have not been successful, your application data will be retained in our talent pool for a limited period as defined in Principle 3.
International transfers
OPTIAK operates globally, therefore your Personal Information may be transferred and accessed from around the world from countries where OPTIAK affiliates and subsidiaries are located and where our processors operate.
The data will be transferred for the time required to fulfil the purpose for which it is processed. It can be shared with our service providers and OPTIAK affiliates for the purposes listed in Principle 3.
In such cases, OPTIAK is the controller of the data, and the service providers are processors or joint controllers, as the case may be.
Where personal data is transferred to service providers located outside your country of residence, OPTIAK applies appropriate safeguards, such as:
- The European Commission’s Standard Contractual Clauses, SCCs.
- Equivalent contractual mechanisms recognized by the competent authority in the recipient country.
These measures ensure a level of protection consistent with that required by the GDPR.
Depending on where you are located, we implement the appropriate safeguards when transferring Personal Information to these countries.
Information for individuals in the European Economic Area, “EEA”, and the United Kingdom, “UK”
OPTIAK may transfer Personal Information from the EEA or the UK to the United States, “US”, and other countries.
When OPTIAK engages in such transfers of Personal Information, it relies on:
- Adequacy Decisions, as adopted by the European Commission, based on Article 45 of Regulation (EU) 2016/679, GDPR.
- Adequacy Decisions, as adopted by the UK Secretary of State, based on Article 45 of the UK GDPR and Section 17A of the Data Protection Act 2018.
- The European Commission’s Standard Contractual Clauses, “SCCs”, and the UK Information Commissioner’s Office’s International Data Transfer Addendum, “IDTA”, as applicable, supplemented by additional security measures as recommended by the European Data Protection Board.
OPTIAK performs transfer impact assessments, “TIA”, and continually monitors the circumstances surrounding such transfers to ensure that these maintain, in practice, a level of protection that is essentially equivalent to the one guaranteed by the EEA and UK data protection laws.
Information for individuals from the European Union, UK, Gibraltar and Switzerland: EU-US Data Privacy Framework
As part of our commitment to maintaining high data protection standards when transferring Personal Information between the US and European Economic Area, “EEA”, UK, Gibraltar and Switzerland, we participate in the EU-US Data Privacy Framework, “EU-US DPF”, the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework, “Swiss-US DPF”.
OPTIAK and all our affiliates comply with the EU-US Data Privacy Framework, the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework as set forth by the US Department of Commerce.
In compliance with the EU-US DPF, the UK Extension to the EU-US DPF, and the Swiss-US DPF, OPTIAK commits to resolve complaints about your privacy and our collection or use of your Personal Information transferred to the United States pursuant to the EU/SWISS DPF Principles.
European Union, UK, Gibraltar and Swiss individuals with DPF inquiries or complaints should first contact OPTIAK Data Protection Officer at privacy@optiak.com.
We will investigate and attempt to resolve any complaints or disputes regarding processing of Personal Information within 45 days of receiving your privacy complaint.
Accountability for onward transfers
We acknowledge our responsibility for the processing of Personal Information received and subsequently transferred to our third parties, agents, and service providers.
OPTIAK remains liable under the DPF Principles if a third party, agent, or service provider processes Personal Information covered by this Notice in a manner inconsistent with the DPF Principles, except where OPTIAK can demonstrate that we are not responsible for the event giving rise to the damages.
Information for individuals in California, CCPA/CPRA
If you reside in California, the following rights apply under the California Consumer Privacy Act, CCPA, as amended by the California Privacy Rights Act, CPRA:
- Right to know the categories of Personal Information collected, the purpose of collection, and the categories of third parties with whom it is shared.
- Right to request deletion of Personal Information, subject to legal or operational retention obligations.
- Right to opt-out of the sale or sharing of Personal Information.
- Right to non-discrimination for exercising any privacy rights.
OPTIAK does not sell or share personal data for monetary value, but we provide this right for transparency.
You may exercise these rights by contacting privacy@optiak.com and including “CCPA Request” in the subject line.
Information for individuals in Canada, PIPEDA
If you reside in Canada, please note that OPTIAK complies with the Personal Information Protection and Electronic Documents Act, PIPEDA.
Canadian users have the right to access and correct personal data and to withdraw consent where processing is based on consent.
Complaints may be submitted to the Office of the Privacy Commissioner of Canada, OPC, at www.priv.gc.ca.
Information for individuals in Australia, APPs
If you reside in Australia, OPTIAK ensures that personal data is processed in line with the Australian Privacy Principles, APPs, established under the Privacy Act 1988.
These frameworks provide rights equivalent to those already described in this Policy, including access, rectification, erasure, limitation and objection.
Give us your feedback
Our goal is to protect your privacy.
To comment or help us improve, please contact us via email at privacy@optiak.com.
You may also contact us via written letter at OPTIAK’s address:
OPTIAK TECHNOLOGY, S.L.
Calle Tramontana 2, Bajo A
28231, Las Rozas de Madrid
Madrid, Spain
We may ask you to provide a copy of your proof of identity.
If you consider that we are in breach of our obligations under data protection laws, you may lodge a complaint with the competent Data Protection Authority, which may be the supervisory authority in your country of residence, place of work or of an alleged infringement of data protection laws.
Changes to this Privacy Policy
This Privacy Policy may be modified from time to time to comply with applicable laws or to conform to our current business practices.
We will post any changes to this on our Platform and, where required by law, will notify you via your contact email.
When notifying such changes to you, we will also explain what the likely impact of those changes on you will be, if any.
We encourage you to revisit the Privacy Statement that is posted on our Platform from time to time to check for updates.
Additional information we want you to know
Provision of Personal Information / Automated decision making
Please note that the Personal Information we collect from you is necessary to provide the services and our Platform to you.
Failure to provide such data may not enable us to provide our services to you or make our Platform accessible.
We do not use automatic decision-making or profiling of individuals.
Your Rights
You have various rights under data privacy laws in your country. These may include, as relevant:
- Right to request access to the Personal Information we hold about you.
- Right to rectification, including to require us to correct inaccurate Personal Information.
- Right to request restriction of processing concerning you or to object to processing of your Personal Information.
- Right to request the erasure of your Personal Information where it is no longer necessary for us to retain it.
- Right to data portability, including to obtain Personal Information in a commonly used machine-readable format in certain circumstances, such as where our processing of it is based on consent.
- Right to object to automated decision-making, including profiling, if any, that has a legal or significant effect on you as an individual.
- Right to withdraw your consent to any processing for which you have previously given that consent.
Marketing Information
With your consent, where relevant, we will keep your name, address and contact details, including telephone numbers and email addresses, in our databases.
We may from time to time use that information to make you aware of our related products and services, as well as updates on developments in our industry sector generally which may be of interest to you.
We may contact you in writing, by telephone or email for this.
If at any time you decide that you do not want your contact details used for these purposes, you may object or revoke your consent for receiving marketing communications by following the instructions in the relevant marketing communication, for example, clicking on the “Unsubscribe” button, or by contacting us.
Security Statement
We take reasonable precautions to protect your information.
In particular, we implemented appropriate technical and organizational measures designed to ensure a level of security appropriate to the risk, including as appropriate:
- Pseudonymization, such as where data is separated from direct identifiers so that linkage to an identity is not possible without additional information that is held separately.
- Encryption.
- Protecting the ongoing confidentiality, integrity, availability and resilience of systems and services used to process your Personal Information.
- Providing the ability to restore the availability and access to Personal Information in a timely manner in the event of a physical or technical incident.
- Maintaining a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational security measures.
When you submit information to us through our Platform, your information is protected both online and offline.
All data transferred to/from the OPTIAK internal network, from/to an external entity, is encrypted to industry standards.
Please keep in mind that messages you send to us by Internet email may not be secure.
We maintain appropriate physical, electronic and procedural safeguards to ensure the security, integrity and privacy of your Personal Information within our company.
Only those employees who may require your information to perform a specific job are granted access to your organization’s identifiable information.
Furthermore, all employees are kept up-to-date on our security and privacy practices.
Our use of cookies and analytic tools
OPTIAK may use “cookies” or other tracking and tracing tools as further described in our Cookie Policy.
Depending on the country in which you are located, you may be asked to provide your consent for our use of cookies, except for strictly necessary cookies.
In addition, you have the following choices concerning the use of cookies.
Third Party Websites
Our Platform may contain links to third-party websites.
If you follow these links, you will exit our Platform. This Privacy Policy does not apply to websites of third parties.
OPTIAK cannot accept liability for the use of your Personal Information by these third parties.
Your use of these websites is at your own risk.
For more information on how these third parties treat your Personal Information, please check their privacy policy, if available.
