Effective June 14, 2023

Purpose

This Privacy Policy pertains to the information collected by AAG Capital Management, LLC and its subsidiaries (collectively referred to as “Optichain,” “we,” “us,” or “our”), which includes data gathered through our website or other online products and services (referred to as the “Site”). The Privacy Policy outlines our practices for collecting personal information, including the types of data we collect, how we may utilize it, and the purposes for which it is used. By using this Site or purchasing our products or services, you express your consent to abide by this Privacy Policy.

Collection of Personal Information

We may gather information that identifies, relates to, describes, references, or can be associated with a specific individual, consumer, or personal device, which is referred to as “Personal Information.” This data may include your name, postal and/or email address, telephone number, financial information, and date of birth.

The Personal Information may be collected when you use the Site or provide us with information in response to marketing efforts. Additionally, we may receive Personal Information from our business partners and/or clients who share such data with us to fulfill contracts for goods or services. Business partners, as defined in this Privacy Policy, encompass companies or organizations with which Optichain provides goods or services or engages in business.

Furthermore, Personal Information may be gathered through your use of the Site. This data may include the type of device you are using, your IP address, the pages you visit while browsing the Site, and the duration of your visits to specific pages. We collect this information for various purposes, such as enhancing and improving the Site and the services we provide to you.

Use of Personal Information

We may utilize the Personal Information we collect for one or more of the following business purposes:

•  Completing requests or orders received from our business partners or consumers.
•  Informing you about products and services we offer.
•  Communicating, servicing, and billing accounts or business partners.
•  Obtaining and updating information with appropriate third parties.
•  Monitoring and administering accounts and the services provided.
•  Fulfilling contractual obligations.
•  Complying with or satisfying legal or regulatory requirements.
•  Fulfilling any additional commercial purposes, with your consent as required by law.
•  Performing analytics to monitor and analyze web traffic.
•  Utilizing heat mapping services to identify points of interest on the Site by tracking where users frequently move the mouse or click.
•  Interacting with data collection platforms or other services.
•  Utilizing third-party live chat platforms to provide Site support services and allow users to contact us.
•  Managing contracts and customer contact databases to communicate with you and manage your profile.

For more detailed information about the collection and use of Personal Information through our Site, please refer to our Cookie Policy, as referenced below. We will not collect additional categories or types of Personal Information or use the Personal Information for materially different, unrelated, or incompatible purposes without providing you with additional notice.

Disclosing Personal Information

Optichain has not and will not sell your Personal Information. However, we may share and disclose your Personal Information for permissible business purposes related to providing and marketing our products and services to you. The parties with whom we share Personal Information include our affiliates, service providers, marketing business partners, and third parties to whom you or your agents have authorized us to disclose your Personal Information in connection with the products or services we provide to you or our clients. In some cases, we may share data with our marketing business partners to facilitate communications through their services. Rest assured that when we share your information with third parties, we enter into contracts to ensure appropriate levels of data protection in accordance with the law.

There may be circumstances where we are required to share Personal Information with government or law enforcement authorities, either as mandated by law or to protect our legal interests. This may include instances of suspected fraud or illegal activities, or when ordered by a subpoena, search warrant, or other court order.

Children’s Information

Our Site and products/services are not intended for children, and we do not knowingly collect Personal Information from individuals under the age of 16. If you are a parent or guardian and believe that your child has provided us with Personal Information without your consent, please contact us using the information provided in the Optichain Contact section. We will promptly take the necessary steps to delete such Personal Information from our systems.

Retention of Personal Information

We retain your information for as long as it is necessary to fulfill the purposes for which it was collected or as required by applicable laws. The duration for which we keep your Personal Information is determined based on operational and legal considerations. Personal Information collected for the purpose of fulfilling a contract will be retained until the contract has been completely executed.

In some cases, we may be allowed to retain Personal Information for a longer period if you or our client has provided consent for such processing, provided that the consent is not withdrawn. Additionally, we might be obligated to retain Personal Information for an extended period if required to do so by law or by order of an authority to fulfill a legal obligation.

Cookies

We utilize “cookies” on our Site. A cookie is a piece of information stored on the hard drive of a Site visitor, which aids us in enhancing your access to our Site and identifying repeat visitors. Cookies enable us to track and target the interests of our Site users to provide them with an improved experience on our Site. You have the option to disable cookies by adjusting your browser preferences. However, please note that turning off cookies may lead to a loss of functionality while using our Site.

Security

We implement commercially reasonable security methods and technologies to safeguard the Personal Information we collect and store, aiming to protect it from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, it is important to acknowledge that despite our efforts, it is not possible to completely eliminate all security risks associated with the storage and transmission of Personal Information. While we strive to maintain the highest level of security, no system can guarantee absolute protection.

European Economic Area

In accordance with the EU General Data Protection Regulation (“GDPR”), the following section, in conjunction with the information provided above, outlines Optichain’s data practices. Any terms defined in the GDPR retain the same meaning when used in this section of the Privacy Policy. This section further explains how Optichain handles and protects personal data in compliance with the GDPR’s requirements.

Data Processor

In various situations, Optichain functions as the Data Processor concerning your Personal Information and is dedicated to upholding the privacy rights of individuals, including your own. Optichain’s obligations pertaining to privacy and data security in these instances are documented in the contracts it establishes with the pertinent Data Controllers. As a Data Processor, Optichain ensures compliance with the relevant data protection regulations and works diligently to protect the confidentiality and integrity of the Personal Information entrusted to it.

Methods of Processing

Optichain implements commercially reasonable security measures to try to prevent unauthorized access, disclosure, modification, or unauthorized destruction of Personal Information.

Personal Information processing is carried out using computers and/or IT-enabled tools, following organizational procedures and modes strictly related to the specified purposes. In certain cases, Personal Information may be accessible to specific individuals in charge, involved in the operation of this Site (e.g., administration, sales, marketing, legal, system administration), or external parties (e.g., third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed by Optichain as Data Processors, if necessary. The updated list of these parties can be requested from Optichain at any time. Rest assured, Optichain ensures that these external parties comply with the relevant data protection regulations and maintain the necessary security measures to safeguard Personal Information.

Legal Basis of Processing

Optichain is dedicated to cooperating with the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and adhering to the guidance provided by these authorities concerning the transfer of human resources and non-human resources data from the EU and Switzerland, as required by applicable law.

We will only process Personal Information subject to the GDPR as described in this Privacy Policy if we have a lawful basis for doing so, which includes the following:

• Provision of Personal Information is necessary for the performance of an agreement and/or for any pre-contractual obligations.
• Processing is necessary for compliance with a legal obligation.
• Processing is related to a task carried out in the public interest or in the exercise of official authority vested in Optichain.

Processing is necessary for the legitimate interests pursued by Optichain or a third party, provided such interests are not overridden by the data subject’s interests or fundamental rights and freedoms.

In some cases, under specific legislation, Optichain may be permitted to process Personal Information until the data subject objects to such processing (opt-out), without having to rely on consent or any of the aforementioned legal bases.

If affirmative consent is required for specific processing of Personal Information subject to the GDPR, we will obtain your consent before proceeding with such processing.

We are willing to assist in clarifying the specific legal basis that applies to the processing, including whether the provision of Personal Information subject to the GDPR is a statutory or contractual requirement, or a necessary requirement to enter into a contract. If you have any questions or concerns regarding the legal basis of processing your Personal Information, please do not hesitate to reach out to us.

Place

Personal Information is processed at Optichain’s operating offices and any other locations where the parties involved in the processing are situated. Depending on your location, data transfers may involve transferring Personal Information to a country other than the one where the data subject resides.

If broader protection standards are applicable, you have the right to learn about the legal basis for data transfers to a country outside the European Union or to any international organization governed by public international law or established by two or more countries (such as the UN). You are also entitled to understand the security measures taken by the Owner to safeguard your Data.

If any such data transfer occurs, you can find more information by referring to the relevant sections of this document or by reaching out to the Owner using the contact information provided in the contact section.

Information Transfer and Consent

With regard to personal data received or transferred under the Privacy Shield Framework, Optichain is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Optichain may be required to disclose personal data in response to lawful requests by public authorities, including national security or law enforcement requirements. Your Personal Information may be transferred to and stored in the United States, and may be processed and accessed by us, our affiliates, and our unaffiliated service providers in the United States and other jurisdictions where we or they operate.

We comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework, as outlined by the U.S. Department of Commerce, concerning the collection, use, and retention of Personal Information transferred from the European Union and Switzerland to the United States. Optichain has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. As a result, Optichain is responsible for processing personal data received under the Privacy Shield Framework and subsequently transferred to a third party acting as an agent on its behalf. We also adhere to the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

To learn more about the Privacy Shield program and view our certification, please visit https://www.privacyshield.gov/. If there is any inconsistency between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence.

In compliance with the Privacy Shield Principles, Optichain is committed to resolving complaints about the collection or use of your Personal Information. If you are an EU or Swiss individual with inquiries or complaints regarding our Privacy Shield policy, please contact Optichain at: info@Optichain.com. Under specific conditions, more fully described on the Privacy Shield website (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint), you may request binding arbitration once other dispute resolution procedures have been exhausted.

By using the Services, you consent to the transfer, processing, storage, and access of your Personal Information inside and/or outside the jurisdiction in which you reside. In certain circumstances, courts and other authorities in these jurisdictions may be entitled to access your Personal Information. We will transfer your Personal Information with appropriate safeguards, including adherence to Privacy Shield Principles and/or standard contractual clauses, where appropriate.

Access to Information and Your Rights

You have specific rights regarding your Personal Information, subject to local data protection laws. These rights may include:

• Right to access: You can request access to your Personal Information held by us.
• Right to rectification: If your Personal Information is inaccurate or incomplete, you have the right to have it corrected.
• Right to erasure (right to be forgotten): You can request the deletion of your Personal Information, to the extent permitted by applicable data protection laws.
• Right to restriction of processing: You have the right to request the restriction of our processing of your Personal Information, to the extent allowed by law.
• Right to data portability: You can request the transfer of your Personal Information to another controller or processor, where feasible.
• Right to object: You can object to the processing of your Personal Information based on our legitimate interests. Additionally, if we process your Personal Information for direct marketing purposes or share it with third parties for their own direct marketing purposes, you have the right to object at any time without having to provide a specific reason.
• Right to not be subject to Automated Decision-Making: You have the right not to be subjected to decisions based solely on automated processing, including profiling. As of now, Automated Decision-Making does not occur on our websites or in our services.
• Right to withdraw consent: If we base the collection, processing, and sharing of your Personal Information on your consent, you have the right to withdraw that consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise these rights, please submit your specific request to exercise these rights using the information provided in the “Optichain Contact Information” section below. We will respond to your request promptly and in accordance with applicable data protection laws.

Timeframe for Responding to Requests

Optichain will respond to your request within thirty (30) days of receiving it. However, in certain circumstances where more time is needed to process your request, the response period may be extended to forty-five (45) or sixty (60) days. If such an extension is necessary, we will provide you with a written explanation of the reason for the extension and the new time frame. Rest assured, we will handle your request promptly and in compliance with applicable data protection laws.

Fee

We do not charge any fee to process or respond to your verifiable consumer request unless the request is excessive, repetitive, or manifestly unfounded. In such cases, where the request requires disproportionate effort or is clearly unjustified, we may charge a reasonable fee or decline to respond. Rest assured, we will always provide an explanation for any fee charged or the reason for not responding, as per applicable data protection laws.

Your California Privacy Rights

If you are a California resident, California law may grant you additional rights concerning our use of your Personal Information. For more information about your California privacy rights regarding the Personal Information we may collect through the Site, please visit the Privacy Notice for California Residents. This notice will provide you with detailed information on your rights and how we handle your Personal Information in compliance with California data protection laws.

Links to Other Sites

We may provide links to websites that are not operated by Optichain. If you choose to visit any of these linked sites, it is essential to review their privacy policies and other relevant policies. Please note that we are not responsible for the policies and practices of these external websites. Each site may have its own data collection, processing, and privacy practices that may differ from ours. Therefore, we recommend familiarizing yourself with the privacy policies of any external sites before providing any Personal Information or engaging in any activities on those sites.

Changes to Privacy Policy

Occasionally, we may update or modify this Privacy Policy, and we will notify you of any material changes by posting the revised Privacy Policy on our Site. These changes will become effective immediately upon the posting of the updated Privacy Policy unless otherwise specified. By continuing to use our Site after the changes have been posted, you indicate your acceptance of the revised Privacy Policy and agree to abide by its terms. We encourage you to review this Privacy Policy periodically to stay informed about how we handle your Personal Information.