Privacy Policy

Last Updated: July 15, 2020


INTRODUCTION 


Please read this Privacy Policy (the “Policy”) carefully. Omella, Inc. (collectively “Omella”, “We”, “Us”, and “Our”) is committed to protecting your privacy through our compliance with this Policy and knows that you care about how your personal information is used and shared.


We understand that you may have questions or concerns regarding your personal information, how it may be collected, and how it may be used. To make this Policy easy to find, we make it available through the Site (as defined below). 


This Policy describes the types of information we may collect from you and explains how we use, collect, protect, share, and safeguard your information when you visit www.omella.com (the “Site”) or use Omella products and services. If you do not agree with the terms of this Policy, please do not access our Site. By accessing or using this Site, or using our products and services, you agree to this Policy.


We encourage you to e-mail us at contact@omella.com with any concerns or privacy-related questions that you may have. 


For information regarding our compliance with the U.S. Children's Online Privacy Protection Act (also known as "COPPA"), please see the section below entitled, Our Compliance With the Children’s Online Privacy Protection Act


APPLICABILITY 


This Policy applies to all information we may collect from you in connection with our services. The term “services,” as used in this Policy, means any products, services, content, features, technologies, or functions, and all related websites, applications, and services offered to you by Omella in connection with your Omella account. 


This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by us or by any third party (including our affiliates and subsidiaries). When you are no longer our customer, we may continue to share your information as described in this Policy.


Throughout this Policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been aggregated and/or anonymized so that it does not identify a specific user.


INFORMATION COLLECTED BY OMELLA  


When you visit the Site or use one of our mobile applications or other services, we may collect your IP address and standard web log information, such as your browser type and pages you accessed on our Site. We may also collect certain Geolocation Information (as defined below). If you do not agree to our collection of this information, you may not be able to use Omella. 


We collect information:


  • Directly from you when you provide it to us;


  • Other Omella Users; 


  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies; and


  • In certain instances from third parties, such as our business partners or other networks where you have connected your account and authorized the Site to access this information. 


If you open an Omella account we may collect the following information from you:


  • Personal Information. Information by which you may be personally identified, such as your name, postal address, e-mail address, telephone number, date of birth, other government-issued identification numbers, and other demographic information, such as your age, gender, hometown, and interests that you voluntarily provide to us as part of your registration with the Site or use of our services (collectively, “Personal Information”). There is no obligation for you to provide us with personal information of any kind, but your refusal to do so may prevent you from using Omella.


  • Derivative Information. Information our servers may collect automatically when you access the Site, such as your IP address, browser type, operating system, access times, and pages you viewed directly before and after accessing the Site. This may also include other information about your internet connection and the equipment you use to access our Site, and usage details.


  • Financial Information. Bank account online login information, bank account and routing numbers, credit card information (e.g., card brand, expiration date, and credit-card numbers) linked to your account, and other data related to your payment method. All financial information is retained by Stripe, our third-party payment processor. We encourage you to review their policies and to contact them directly at privacy@stripe.com regarding any questions or concerns that you may have related to their service.     


  • Account Information. Text-enabled cellular/wireless telephone number, machine or mobile device ID and other similar information.


  • Mobile Device Information. If you access the Site from a mobile device we may obtain information about you: (i) from your mobile device or computer such as your device type, machine or mobile device identification number, Geolocation Information, time zone, language setting, browser type, and IP address, and (ii) from third parties for purposes of transaction processing, identity verification, fraud detection or prevention and other similar purposes. We do not send push notifications to children, but we may use “local notifications” that are sent directly through a mobile app to your or your child's device (and do not require an internet connection). We may use these local notifications to notify you or your child of new content or events within the app, among other reasons.


  • Social Network Information and Third-Party Data. With respect to services and portions of our services that are not directed to children, we may give you the option to share with others on social media platforms. In such circumstances, we will access your social network information if you connect your Omella account to social networking sites, such as Facebook, Instagram, and Twitter, among others, and authorize these social networking platforms to allow us access to your e-mail address, social-media username, location, gender, date of birth, contacts, and public profile (including profile picture), among other things. Omella allows you to import data from other social web services, including certain e-mail service providers. Social and e-mail contact information helps you connect to friends and contacts for invitation and payment transmission purposes (and helps us improve the quality of our services that we deliver and combat fraud). You may manage certain contact preferences and notifications in your account settings.


  • Geolocation Information. We collect information that identifies, with reasonable specificity, your location by using certain longitude and latitude coordinated obtained through GPS, Wi-Fi, cell-site triangulation, or other locational data. We may collect this data for fraud prevention and risk management purposes, among other reasons. We do not collect such information from our services that are directed to children without consent of their parent or legal guardian.


  • Survey Information. We collect information that you may provide to us when entering contests, giveaways, and/or responding to customer surveys. 


  • Correspondence and Recordkeeping. We will retain records and copies of your correspondence (including e-mail addresses), if you contact us. We will also retain your responses to surveys that we may ask you to complete for our research purposes. Omella shall retain all records for such time period as may be required by applicable law. We do not allow children to communicate with others on public platforms.


We are committed to providing a safe and secure customer experience. As a result, before permitting you to use our services, we may require additional information from you that we can use to verify your identity, address or other information or to manage risk and compliance throughout our relationship. We may also obtain information about you from third parties such as to verify your identity, prevent fraud, and provide similar services.


Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.


OUR COMPLIANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT 


This policy is prepared in accordance with the COPPA, among other applicable privacy laws, and outlines our practices in the United States regarding children's information collected from users of our services. We recognize the need to provide further privacy protections when it comes to children. While we generally do not target children, we recognize that aspects of our services may be directed to children (individuals younger than 18 years of age), while other services or portions of them are intended for use by adults and teens age 18 and older. 


For services that are directed to children or that allow children to submit personal information, we will collect, use, and disclose personal information as described in this Privacy Policy, with certain differences and specific practices as described below and throughout this Policy. Omella does not condition a child’s participation in any service on the disclosure of more information than is reasonably necessary to participate in the activity. 


PARENTAL ACCESS AND CONTROLS 


As a parent or legal guardian you can, at any time, refuse to permit us to collect personal information from your child and request that we delete from our records personal information we have collected. If you have any questions or concerns about our approach to children's privacy, you want to access the data of your child, or request the deletion of your child's data, please contact us at contact@omella.com or call us at 510-560-6766. For information about requesting deletion of personal information, please visit the Contact Us section below.


COLLECTION OF INFORMATION FROM CHILDREN


If we allow children (individuals younger than 18 years of age, but older than 13 years of age) to engage with us, we will first obtain parental consent prior to the collection of their personal information. In order to obtain this consent, we sometimes ask your child to provide a parent's e-mail address so that we may directly notify you of our privacy practices and obtain your consent. When we do this, we delete the e-mail address they provided if a parent does not timely respond to the request for consent.


We do not send text messages or other non-email messages (like chat) to children. Omella will delete any personal information collection from children online immediately upon a parent’s request, and will retain personal information collected from children online only as long as may be reasonably necessary to fulfill the purpose for which such information was collected.  


With respect to portions of our services directed to children, we generally do not allow users to use social media sharing or login functions or use, or allow our partners to use, automatically collected information, such as IP addresses, cookie identifiers, and other device identifiers, other than for purposes of supporting our internal operations, such as to provide children with access to features and activities on the services, to customize content and improve our services, or serve contextual advertising or limit the number of times you or your child sees a particular advertisement. We never allow interest-based advertising on portions of our services that are directed to children or where we know that the user is a child or a teen under 18 years of age.


CHILDREN UNDER THE AGE OF 18 


Please note that our Site is generally not intended for children under 18 years of age. If we obtain actual knowledge that we have collected personal information from a person under the age of 18 without parental consent, we will promptly delete it, unless we are required by law to retain such data. If you believe we may have mistakenly or unintentionally collected any information from or about a person under 18 without parental consent, please contact us using the contact information provided in the Contact Us section below. 


Please be advised that Omella does not knowingly collect or solicit information from, or otherwise market to, persons under 18 years of age. If you are under 18 years of age, please do not use or provide any information on this Site or through any of its features without first providing Omella consent from your parent or legal guardian. 


OUR USE OF COOKIES


A cookie is a small file placed on the hard drive of your computer. When you visit our Site or use our services, or visit a third-party website for which we provide services, we and certain business partners and vendors may use cookies and other tracking technologies (collectively, "Cookies"). We use Cookies to recognize you as a customer; customize services, other content and advertising; measure the effectiveness of promotions; perform a wide range of analytics; mitigate risk and prevent potential fraud; and to promote trust and safety across our services.


Most browsers are set to accept cookies by default. You can remove or reject cookies. However, certain services are only available through the use of Cookies. Therefore, if you choose to disable or decline Cookies, your use of certain Omella services may be limited or not possible.


Pages of our Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.


Do Not Track: Do Not Track ("DNT") is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals.


USE OF YOUR INFORMATION 


Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Omella does not sell personal information collected from children or teens we know to be under 18 years of age. 


Specifically, we may use information collected about you via the Site to:


  • Administer sweepstakes, promotions, and contests; 
  • Compare information for accuracy and verify it with third parties;
  • Compile anonymous statistical data and analysis for our use internally or with third parties; 
  • Contact you regarding your Omella account, use of the Site, and the service; 
  • Create and manage your account, including a personal profile about you to make future visits to our Site and your use of Omella more personalized; 
  • Customize, personalize, measure, and improve our services and the content and layout of our Site; 
  • Deliver our services and provide customer support to you; 
  • Enable user-to-user communications; 
  • Enhance the efficiency and operation of the Site and Omella; 
  • Fulfill any other purpose for which you may provide us with your information; 
  • Improve the security of the Site and Omella and, if you share Geolocation Information, provide you with location-specific options, functionality, offers, advertising, search results, or other location-specific content;
  • Monitor and analyze usage and trends to improve your experience with the Site and our application; 
  • Notify you of updates to the Site and to Omella; 
  • Perform other duties as may be required by law; 
  • Prevent potentially fraudulent, prohibited or illegal activities, and enforce our User Agreement through the use of our risk and fraud tools which may include use of Personal Information, Derivative Information, Financial Information, Account Information, Mobile Device Information, Social Network Information and Third-Party Data Information, Geolocation Information, and Survey Information;
  • Process transactions (including payments and refunds) and send notices about your transactions or your network activity;
  • Provide targeted advertising, coupons, newsletters, and other promotional information regarding the Site and the Omella app to you; 
  • Request feedback, resolve disputes, collect fees, and troubleshoot problems; and
  • Send you updates about new products and services that we are offering to customers. 


We may use information we collect about you to fulfill any other purpose for which you may provide us with your information. We may also use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.


HOW WE PROTECT AND STORE PERSONAL INFORMATION 


We strive to ensure security on our systems and use administrative and technical security measures to help protect your personal information. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your Omella password with anyone. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

We store and process your personal information using third-party servers located in data centers in the United States. This information is protected by electronic and procedural safeguards in compliance with applicable U.S. federal and state regulations. We also use computer safeguards such as firewalls and data encryption, we enforce access controls to our files, and we authorize access to personal information for all Omella employees who require it to fulfill their job responsibilities.

If Omella learns of a systems security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the services, you agree that Omella may communicate with you electronically. Omella may post a notice on the website or mobile application if a security breach occurs. We may also send an e-mail to you at the e-mail address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), please e-mail us at contact@omella.com.  

 

HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES

 

We may share your information with our business partners to offer you certain products, services, and promotions. We may also use third-party advertising companies to serve ads when you visit the Site or app. These companies may use information about your visits to the Site and our mobile app and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you. While we may share your information with third-party advertising companies, we do not monetize or otherwise generate revenue for Omella from our Users’ information.


We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. We encourage you to opt-out of receiving targeted ads as you may deem appropriate. 


Some personal information is public information (including your Omella username, Omella profile photo, Omella profile first and last name, month, and year of Omella account creation, Omella account organization information, names of individuals affiliated with the organization using Omella, and public transactions in which you've been involved), and may be seen by anyone on the Internet, whether or not they have an Omella account. Public information may also be seen, accessed, reshared or downloaded through Omella’s APIs or third-party services that integrate with our products. In addition to any public information, your Omella friends list may be seen by any logged-in Omella user.


We may share your personal information with: 


  • Our subsidiaries and affiliates.
  • Stripe, Inc., including affiliates and subsidiaries it controls, but only for purposes permitted by this Policy. 
  • Companies that we may plan to merge with, be acquired by, or in the event of any liquidation, dissolution, or bankruptcy, a bankruptcy estate (if applicable). Should such a combination occur, we will endeavor to require that the new combined entity follow this Policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice and the opportunity to communicate preferences you may have, if applicable.
  • Law enforcement, government officials, or other third parties if Omella is compelled to do so by a subpoena, court order or similar legal procedure, when it is necessary to do so to comply with law, or where the disclosure of personal information is reasonably necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of the Omella Terms of Service, or as otherwise required by law.
  • Third-party service providers who assist us in providing services to you or who provide fraud detection or similar services on our or any vendor’s behalf.
  • Service providers under contract who help with parts of our business operations (for example, fraud prevention, payment processing, or technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
  • Other Omella users participating in a transaction and, depending on the privacy setting of each Omella account transaction, your Omella friends and the Omella friends of the other user participating in the transaction, or the public, through the Omella feed on our website and mobile application and elsewhere on the Internet.
  • Other third parties with your consent or at your direction to do so, including if you authorize an account connection with a third-party account or platform.
  • For the purposes of this Policy, an "account connection" with such a third party is a connection you authorize or enable between your Omella account and a non-Omella account, payment instrument, or platform that you lawfully control or own. When you authorize such a connection, Omella and the third-party will exchange your personal information and other information directly. Examples of account connections include, without limitation: linking your Omella account to a social media account or social messaging service; connecting your Omella account to a third-party data aggregation or financial services company, if you provide such company with your Omella account log-in credentials; or using your Omella account to make payments to a merchant or allowing a merchant to charge your Omella account.
  • If you connect your Omella account to other financial accounts, directly or through a third-party service provider, we may have access to your account balance and account and transactional information, such as purchases and funds transfers. If you choose to create an account connection, we may receive information from the third party about you and your use of the third-party’s service. For example, if you connect your Omella account to a social media account, we will receive personal information from the social media provider via the account connection. We will use all such information that we receive from a third-party via an account connection in a manner consistent with this Policy.
  • Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third party that will gain access to your personal information as part of the account connection. 


Omella does not send your personal information to third-party social networks unless you have specifically requested or authorized us to do so. When you broadcast information to such third-party social networks, such information is no longer under the control of Omella and is subject to the terms of use and privacy policies maintained by such third parties.


INTERNET-BASED ADVERTISING 


We do not send marketing communications to children or teens under 18 years of age. We may use third-party software to serve ads on the Site, implement e-mail marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative (“NAI”) Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.


HOW WE SHARE PERSONAL INFORMATION WITHIN THE OMELLA NETWORK

To process payments on Omella, we need to share some of your personal information with the person or company that you are paying or is paying you. If you interact with other users of the Site and our app, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, and following blogs. Your contact information, sign-up date, the number of payments you have received and other verification metrics like social graph activity may be provided to users or companies when you transact with, on, or through Omella.

When you post comments, contributions or other content to the Site or our app, your posts may be viewed by all users and may be publicly distributed outside the Site and our app in perpetuity. 

 

We will not disclose your credit card number or bank account number to anyone you have paid or who has paid you through Omella, except with your express permission or if we are required to do so to comply with a subpoena or other legal process.

 

LINKS TO OTHER SERVICES OR SITES 


The services may contain links to (or allow you to link to) other third-party services or websites. Omella does not control the information collection of third-party services or websites that can be reached through such links. We encourage our users to be aware when they are linking to a third-party service or website and to read the privacy statements of any third-party service or website that collects personally identifiable information.


HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION

 

You can review and update your personal information in your account settings at any time by logging in to your account.


CHANGES TO OUR POLICY 


Omella is constantly improving. We may update this Policy from time to time as our services evolve, and we encourage you to periodically review this Policy to remain apprised of any updates. 


The date the Policy was last updated is identified at the top of the page. If we modify this Policy, we will post the revised Policy to our Site, and will revise the “Last Updated” date stated above. It is our policy to post any changes we make to this Policy on this page.


If we make material changes to the way we use personal information, we will notify you by posting an announcement on our mobile application or Site or by sending you an e-mail. It is your responsibility to periodically review this Policy to ensure that we have your up-to-date and active information. You are also responsible for visiting our Site and reviewing this Policy to check for any changes; users are bound by any changes to the Policy by using the services after such changes have been first posted. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check our Policy periodically for updates.


THIRD-PARTY LINKS AND WEBSITES 


The Site and our service may contain links to (or allow you to link to) unaffiliated third-party services, applications, and websites. Omella does not control information collection of any third-party services, applications, or websites that can be reached through such links. Any information you provide to any third party is not covered by this Policy and we cannot guarantee the safety and privacy of your information. We encourage our users to be aware when they are linking to a third-party service, application, or website, and to read the privacy statements and policies of any third-party service, application, or website that collects personally identifiable information.  


Note also that third parties may use cookies (either alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Site. Information third parties collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and online services. Third parties may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, we encourage you to contact the responsible provider directly. If you no longer wish to receive correspondence, e-mails, or other communications from third parties, you are responsible for contacting the third party directly.


COMMUNICATIONS 


You consent to receive communications (including privacy notices) electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you via the Site or e-mail satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights. Please note also that we do not send marketing communications to children or teens under 18 years of age.

 

By using Omella, you agree to subscribe to newsletters, marketing, or promotional materials, and other information we may send. You may opt out of receiving any of these communications from us by e-mailing us at: contact@omella.com 


CALIFORNIA PRIVACY RIGHTS 


California’s “Shine the Light” law (Civil Code Section § 1798.83) permits our app users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to contact@omella.com or write us at: 98 Wadsworth Blvd Ste 127 #5025, Denver, CO 80226

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NEVADA SECURITY AND PRIVACY OF PERSONAL INFORMATION  


Nevada residents wishing to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to contact@omella.com or write us at: 98 Wadsworth Blvd Ste 127 #5025, Denver, CO 80226


Nevada law requires that we also provide you with the following contact information: Nevada Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington Ave., Ste 3900, Las Vegas, NV 89101; telephone: 702-486-3132; e-mail: aginfo@ag.nv.gov. Our e-mail: contact@omella.com.


HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION 


You can review and update your personal information in your account settings at any time by logging in to your Omella account.


You may also e-mail us at contact@omella.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.


CONTACT US 


If you have questions or concerns regarding this Policy, or other concerns relating to your privacy and the services that we provide, including feedback that you would like for us to consider, please e-mail us at contact@omella.com or call us at 510-560-6766. 


You may send physical mail to us at: 


Omella, Inc. 98 Wadsworth Blvd Ste 127 #5025, Denver, CO 80226