Privacy Policy

Last updated on October 1, 2021

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND:

• HOW WE TREAT YOUR PERSONAL INFORMATION; AND
• WHAT CHOICES AND RIGHTS YOU HAVE IN THIS REGARD.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, YOU SHOULD NOT ACCESS OR USE THE PLATFORM OR ENGAGE IN COMMUNICATIONS WITH US.

INTRODUCTION

FJC Partners, LLC (“OpsCheck” also referred to as “we,” “us,” and “our“) is committed to protecting the privacy and security of the personal information we collect, use, share, and otherwise process as part of our business from individuals who use our Services, website, and web-based applications (“you” or “your“). We also believe in transparency, and we are committed to informing you about how we treat your personal information. We have established this Privacy Policy (the “Policy“) to inform you about the privacy practices that we apply to personal information and inform you about your rights and choices in this regard.

What processing activities are covered by this Policy?  This Policy applies to the processing of personal information when you visit our website https://opscheck.com/ (the “Site“) and any features, subdomains, content, functionality, services, media, applications, or solutions offered on or through the Site (collectively referred to as the “Platform“).  By accessing and using the Platform, or by otherwise signaling your agreement when the option is presented to you, you consent to the collection, use and disclosure of information described in this Policy. This Policy only governs the Platform, and it does not govern off-line data collection or any other website or service operated by third parties that do not specifically refer to this Policy. Any materials submitted through the Platform and your use of the Platform are subject to the Terms of Service at https://opscheck.com/termsandconditions/.

Who is responsible for your personal information? If you are a user in the European Union (“EU”) or European Economic Area (“EEA”), for purposes of the EU General Data Protection Regulation 2016/79 the “GDPR”), we act as a data controller with respect to the information described in this Policy, unless otherwise provided in a data processing addendum between we and your employer that engages our Services (in which your employer is the data controller, and we are the data processor). In this role as a data controller, we are responsible for implementing the applicable data protection principles and for safeguarding personal information.  We also recommend you consult the “Rights of EEA Residents” and “International Data Transfers” sections of this Policy for more information about provisions that may apply to you.

HOW DO WE COLLECT AND PROCESS YOUR INFORMATION?

We may process your personal information in connection with any of the purposes and uses set out in this Policy based on one or more of the following legal grounds:

• Because it is necessary to perform the Services you have requested or to comply with your instructions or other contractual obligations between you and us (“Performance of a Contract“);
• To comply with our legal obligations as well as to keep records of our compliance processes (“Legal Obligations“);
• Because our legitimate interests, or those of a third-party recipient of your personal information, make the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms (“Legitimate Interest“);
• Because it is necessary to protect your vital interests (“Vital Interest“);
• Because it is necessary in the public interest (“Public Interest“);
• Because you have expressly given us your consent to process your personal information in a particular manner (“Consent“). Giving consent may include your publication or display your personal information voluntarily on a public area of the Platform available for public view, such as a comment area.  In this case, we construe that you have given us Consent to process.  You may withdraw your Consent at any time unless otherwise provided in the applicable data protection or privacy laws.

We collect and process the following personal information from you for the purposes set forth below.

Legal Basis

The legal basis for this processing is Consent or, where applicable, our Legitimate Interests in the proper administration of our Platform and business, the proper management of our customer relationships, and the Performance of a Contract between you and us, and/or taking steps, at your request, to enter into such a contract.

The legal basis for this processing is Consent or, where applicable, our Legitimate Interests in the proper administration of our Platform and business, the proper management of our customer relationships, and the Performance of a Contract between you (or your employer) and us, and/or taking steps, at your request, to enter into such a contract.

The legal basis for this processing is Consent or, where applicable, our Legitimate Interests in the proper administration of our Platform and business, the proper management of our customer relationships, and the Performance of a Contract between you (or your employer) and us and/or taking steps, at your request, to enter into such a contract.

The legal basis for processing of strictly necessary cookies is our Legitimate Interests in the proper administration of our Platform and business.

We rely on your Consent for the use of marketing, performance, and analytic cookies and similar technologies that is not strictly necessary.

The legal basis for this processing is our Legitimate Interests in monitoring and improving our Platform and Services.

The legal basis for this processing is our Legitimate Interests in monitoring and improving our Platform and Services.

The legal basis for this processing is Consent or, where applicable, our Legitimate Interests in the proper administration of our Platform and business, the proper management of our relationships, and the Performance of a Contract between you and us and/or taking steps, at your request, to enter into such a contract.

The legal basis for this processing is Consent or, where applicable, our Legitimate Interests in the proper administration of our Platform and business, the proper management of our relationships, and the Performance of a Contract between you and us and/or taking steps, at your request, to enter into such a contract.

Is entry of personal information required?
The entry of personal information is required to access certain portions of the Platform.  You may choose not to provide us with any personal information and may still access certain portions of the Platform but will not be able to access those portions of the Platform that require your personal information.

Other Processing Activities
We may process any of the personal information identified in this Policy when necessary for:

• The establishment, exercise, or defense of legal claims, whether in court, administrative, or other proceedings. (The legal basis for such processing is our Legitimate Interest in the protection and assertion of our legal rights, your legal rights, and the legal rights of others.);
• Obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice (The legal basis for this processing is our Legitimate Interest in the proper protection of our business.); and
• Purposes that are consistent with, related to and/or ancillary to the purposes and uses described in this Policy for which your personal information was provided to us.

We do not use personal information for making any automated decisions affecting or creating profiles other than as described herein.

HOW DO WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION?

How and When Is Your Information Shared With Other Parties?
We may share your information in the following contexts, but we will not share your personal information if such sharing is prohibited by applicable privacy and data protection law.

If we are acting as a data processor, disclosures in the following contexts will be limited in accordance with the instructions from the data controller.

Context

We may share your personal information with our corporate subsidiaries and affiliates and with their respective officers, directors, employees, accountants, attorneys and agents.

We may share your personal information with our service providers that need access to your information to provide operational or other support services on our behalf.  Among other things, service providers help us to administer the Platform; support our provision of Services requested by you; send marketing promotions and communications to you about our Services; provide technical support; and assist with other legitimate purposes permitted by law.

We may disclose your personal information in response to subpoenas, warrants, court orders or other legal process, or to comply with relevant laws.  We may also share your personal information in order to establish or exercise our legal rights, to defend against a legal claim, and to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our Terms of Service or other contracts.  We may also disclose personal information as needed to protect vital interests.

We may share your personal information in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. 

We may ask, from time to time, if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Policy. We will only disclose your information in this context with your Consent.

We may disclose aggregated information about our users, and information that does not identify any specific individual, such as groupings of demographic data or customer preferences, for new Services and marketing development.

We may share your personal information with our insurers and other professional advisors, including attorneys and accountants, that need access to your information to provide operational or other support services on our behalf.

When a User or Super User creates an account and uploads content to the Platform, the information contained in the User’s public profile and content uploaded to the Platform may be viewable to other Users or Super Users on the Platform who are given access to User’s profile and content. 

HOW LONG DO WE STORE AND PROCESS YOUR INFORMATION?

We retain and use your personal information for as long as is necessary to fulfill the purposes for which it was collected, to comply with our business requirements and legal obligations, to resolve disputes, to protect our assets, to provide our Services, to pursue legitimate business purposes, and to enforce our agreements.

We take reasonable steps to delete the personal information we collect when (1) we have a legal obligation to do so, (2) we no longer have a purpose for retaining the information, and (3) if you ask us to delete your information, unless we determine that doing so would violate our existing, legitimate legal, regulatory, dispute resolution, contractual, or similar obligations. We may also decide to delete your personal information if we believe it is incomplete, inaccurate, or that our continued storage of your personal information is contrary to our legal obligations or business objectives.

To the extent permitted by law, we may retain and use anonymous, de-identified, aggregated information for performance reporting, benchmarking, and analytic purposes and for product and service improvement. When we delete data, it will be removed from our active servers and databases; but it may remain in our archives when it is not practical or possible to delete it.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We have put security measures in place to protect the personal information that you share with us from being accidentally lost, used, altered, or disclosed or accessed in any unauthorized manner.  From time to time, we review our security procedures to consider appropriate new technologies and methods.

While our security measures seek to protect the personal information in our possession, no security system is perfect, and no data transmission is 100% secure.  As a result, while we strive to protect your information, we cannot guarantee or warrant the security of any information you transmit to or from the Platform. Your use of the Platform is at your own risk.  We cannot guarantee that your data will remain secure in all circumstances.

We use reasonable security measures when transmitting personal information to consumers in responding to requests under applicable data protection or privacy laws.  We have implemented reasonable security measures to detect fraudulent identity-verification activity and to prevent the unauthorized access to or deletion of personal information.

The safety and security of your personal information also depends upon you.  Where you use a password for access to restricted parts of the Platform, you are responsible for keeping your password confidential.  Do not share your password with anyone.

If a data breach compromises your personal information, we will notify you and any applicable regulator when we are required to do so by applicable law.

RIGHTS AND CHOICES REGARDING HOW WE USE AND DISCLOSE YOUR INFORMATION

Please use the “Contact Us” details at the end of this Policy to exercise your rights and choices under this Policy.  If you would like to manage, change, limit, or delete your personal information, or if you no longer want to receive any email contact from us in the future, such requests may be submitted via the “Contact Us” details at the end of this Policy.

Communication Preferences. If you no longer wish to receive communications from us via email, you may opt-out of certain types of communications (as described below) by clicking the “unsubscribe” link at the bottom of our emails or by contacting us at the “Contact Us” details provided at the end of this Policy and providing your name and email address so that we may identify you in the opt-out process.  Once we receive your instruction, we will promptly take action.

• Communications Regarding Our Services. We will send you email notifications and free newsletters from time to time with offers, suggestions and other information. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email.
• Legal or Security Communications. We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as this Policy or the Terms of Service. Generally, you may not opt out of such emails.
• Account and Order Communications. If you subscribe to our Services, we may send you communications regarding such Services. We may also send communications providing customer support or responses to questions regarding the operation of the Services. Generally, you may not opt out of such emails.

Online Tracking Signals. We do not currently recognize browser settings or signals of tracking preferences, which may include “Do Not Track” instructions. “Do Not Track” is a web browser setting that seeks to disable the tracking of individual users’ browsing activities. We adhere to the standards set out in this Policy and do not currently respond to “Do Not Track” signals on the Platform or on third-party websites or online services where we may collect information.

Accuracy and Updating Your Personal Information. Our goal is to keep your personal information accurate, current, and complete. If any of the personal information you have provided to us changes, please update it in your user/account profile, or let us know via the “Contact Us” details at the end of this Policy.  For instance, if your email address changes, you may wish to let us know so that we can communicate with you.  If you become aware of inaccurate personal information about you, you may want to update your information.  We are not responsible for any losses arising from any inaccurate, inauthentic, deficient, or incomplete personal information that you provide to us.

Complaints. If you believe that your rights relating to your personal information have been violated, you may lodge a complaint with us by contacting us via the “Contact Us” details at the end of this Policy.

COOKIES AND SIMILAR TECHNOLOGIES

First and Third-Party Cookies

A “cookie” is a small file created by a web server that can be stored on your device (if you allow) for use either during a particular browsing session (a “session” cookie) or a future browsing session (a “persistent” or “permanent” cookie). “Session” cookies are temporarily stored on your hard drive and only last until they expire at the end of your browsing session. “Persistent” or “permanent” cookies remain stored on your hard drive until they expire or are deleted by you. Local stored objects (or “flash” cookies) are used to collect and store information about your preferences and navigation to, from, and on a website. First-party cookies are set by the website you’re visiting, and they can only be read by that site. Third-party cookies are set by a party other than that website.

Other Third Party Technologies

In addition to cookies, there are other automatic data collection technologies, such as Internet tags, web beacons (clear gifs, pixel tags, and single-pixel gifs), and navigational data collection (log files, server logs, etc.) that can be used to collect data as users navigate through and interact with a website:

• Social Widgets: These are buttons or icons provided by third-party social media platforms that allow you to interact with social media services when you view a webpage or mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by third parties. For example, if you click the Facebook, YouTube, or LinkedIn logos at the bottom of our webpage, these logos may take you to these third-party websites, that may collect the information that you are referred from our website to such 3^rd party website(s).

We do not control these third parties’ technologies or website or how they may use your data once you are referred to these third-party websites. If you have any questions, you should contact the responsible party directly or consult their privacy policies.

What Cookies and Similar Technologies Are in Use and Why Do We Use Them?

Google Analytics. We use Google Analytics to collect and process statistical data about the number of people using the Website and to better understand how they find and use the Website. The data collected includes data related to your device/browser, your IP address, and on-site activities to measure and report statistics about user interactions on the Website. Any data collected is used in accordance with this Policy and Google’s privacy policy. You may learn more about Google Analytics by visiting:

https://policies.google.com/technologies/partner-sites and;

https://support.google.com/analytics/answer/6004245.

You can learn more about Google’s restrictions on data use by visiting the Google Privacy Policy at: https://policies.google.com/privacy. To opt-out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout and install the opt-out browser add-on feature. For more details, visit the “Google Analytics opt-out browser add-on” page (located at https://support.google.com/analytics/answer/181881?hl=en).

Choices About Cookies

Most web browsers are set by default to accept cookies. If you do not wish to receive cookies, you may set your browser to refuse all or some types of cookies or to alert you when cookies are being sent by website tracking technologies and advertising. You may adjust your browser settings to opt out of accepting a “persistent” cookie and to only accept “session” cookies, but you will need to log in each time you want to enjoy the full functionality of the Site.

Please be aware that, if you decline the use of cookies, you may not have access to the full benefits of the Site. In addition, adjusting the cookie settings on the Site may not fully delete all of the cookies that have already been created. To delete them, visit your web browser settings after you have changed your cookie settings on the Site. Additional information is provided below about how to disable cookies or manage the cookie settings for some of the leading web browsers:

Google Chrome:         
https://support.google.com/chrome/answer/95647?hl=en

Firefox:                       
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Internet Explorer:      
http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies

Safari:                        
https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac and https://support.apple.com/en-us/HT201265

To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website at: https://www.macromedia.com/support/documentation/en/flashplayer/help/help09.html.

For more information on how to modify your browser settings to block or filter cookies, visit http://www.aboutcookies.org/ or http://www.cookiecentral.com/faq/. You may learn more about internet advertising practices and related consumer resources at http://www.aboutads.info/consumers/, http://www.networkadvertising.org/choices, and http://youronlinechoices.eu/.

CALIFORNIA SHINE THE LIGHT

Under California Civil Code Section 1798.83, California residents who provide personal information in obtaining products or services for personal, family, or household use may be entitled to request and obtain from us once a calendar year information about the information we shared, if any, with other businesses for direct marketing uses. At present, we do not share your personal information with third parties for those third parties’ direct marketing purposes. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing, if any, will be included in our response. As part of the California Online Privacy Protection Act, all users of our Platform may make any changes to their information at any time by contacting us at support@opscheck.com.

NEVADA RESIDENTS

You may submit a verified request to us at support@opscheck.com to request that we not make any sale (as defined under Nevada law) of any covered information (as defined under Nevada law) that we have collected or will collect about you. Please provide your name and contact information in your request, and we will respond to your request in accordance with Nevada law.

EU/EEA RESIDENTS

If you are located in the EU or EEA, you have the following rights under the GDPR. All requests should be sent to the address noted in the “Contact Us” section of this Policy, and we will fulfill requests to the extent required by applicable law.

Right of Access. To the extent required by law, you have the right to receive confirmation as to whether or not personal information concerning you are being processed, and, where that is the case, access to the personal information and the following information: the purposes of the processing; the categories of personal information concerned; and the recipients or categories of recipient to whom the personal information have been or will be disclosed. We will provide a copy of your personal information in compliance with applicable law.

Right of Rectification. Our goal is to keep your personal information accurate, current, and complete. Please contact us if you believe your information is not accurate or if it changes.

Right to Erasure. In some cases, you have a legal right to request that we delete your personal information when (1) it is no longer necessary for the purposes for which it was collected, (2) consent has been withdrawn in certain instances, (3) you have objected to the processing in certain instances, (4) the personal information has been unlawfully processed, (5) the personal information have to be erased for compliance with a legal obligation; and (6) the personal information were collected in relation to the offer of information society services. However, the right is not absolute. When we delete personal information, it will be removed from our active servers and databases as well as the Platform; but, it may remain in our archives when it is not practical or possible to delete it. We may also retain your personal information as needed to comply with our legal obligations, resolve disputes, or enforce any agreements.

Right to Restrict Processing. You have the right to restrict the processing of your data when (1) the accuracy of the personal information is contested, for a period enabling the controller to verify the accuracy of the personal information; (2) the processing is unlawful and you oppose erasure and request a restriction instead; (3) we no longer need the personal information, but you need us to keep it for the establishment, exercise, or defense of legal claims; or (4) you have objected to us processing the personal information, pending resolution of the objection.

Right to Object. In certain circumstances, you have the right to object to the processing of your personal information where the processing is necessary for performance of a task carried out in the public interest, for our Legitimate Interests, or for the Legitimate Interests of others. You also have the right to object where personal information is processed for direct marketing purposes or for scientific or historical research purposes or statistical purposes.

Right to Withdraw Consent. If you have provided your consent to the collection, processing, and transfer of your personal information, you may have the right to fully or partially withdraw your consent. Once we have received notice that you have withdrawn your consent, in whole or in part, we will no longer process your information for the purpose(s) to which you originally consented and have since withdrawn unless there are compelling legitimate grounds for further processing that override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. Withdrawal of consent to receive marketing communications will not affect the processing of personal information for the provision of our Services.

Right to Complain. If you believe we have not processed your personal information in accordance with applicable provisions of the GDPR, we encourage you to contact us at support@opscheck.com.  You also have the right to make a GDPR complaint to the relevant Supervisory Authority or seek a remedy through the courts. A list of Supervisory Authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law.

INTERNATIONAL DATA TRANSFERS

Your personal information may be transferred to, stored, or processed in countries other than where you live. These arrangements may involve your personal information being located in various countries around the world, e.g., United States, where privacy laws differ from EU, Australia, or United Kingdom. While the data protection, privacy and other laws of another country might not be as comprehensive as those in your country, we take necessary and appropriate steps, including contractual, technical and organizational measures to protect the privacy and security of your personal information. By using the Platform or requesting services from us, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this Policy.

When storing, hosting, or otherwise processing your information (including personal information), we may send such data outside of the EU and the EEA. When we transfer information to other countries, we do so for the purposes set forth in this Policy and in accordance with applicable law. We rely on recognized legal bases to lawfully conduct cross-border/international transfers of personal information outside of the EU and EEA, such as your express informed consent to do so (as noted above), when transfer is necessary for us to deliver Services pursuant to an agreement between us and you, for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person, or when the transfer is subject to safeguards that provide for the protection of your personal information, such as the European Commission’s approved standard contractual clauses.

LINKS TO OTHER SITES

This Policy only applies to the Platform, and it does not apply to any third-party websites or applications.

The Platform may contain links to, or media and other content from, third-party websites. These links are to external websites and third parties that have their own privacy policies. If you follow any links that direct you away from the Platform, including links to social media sites or to other websites, this Policy will not apply to your activity on the other sites you visit. Because of the dynamic media capabilities of the Platform, it may not be clear to you which links are to the Platform and which are to external, third party websites. If you click on an embedded third-party link, you will be redirected away from the Site to the external third-party website. You can check the URL to confirm that you have left this Platform.

We cannot (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites, (ii) control the privacy policies or the privacy practices of any third parties regarding their independent collection or use or your personal information, or (iii) endorse any third-party information, products, services or websites that may be reached through embedded links on this Site.

Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms of use. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.

CHILDREN UNDER 18

The Children’s Online Privacy Protection Act (“COPPA”), as well as other data privacy regulations, restrict the collection, use, or disclosure of personal information from and about children on the Internet. The Platform is restricted to the use of adults over the age of majority in their place of residence. No portion of the Site is directed to children under the age of 18, and no one under the age of 18 may access, browse, or use the Site or provide any information to or on the Platform. Consequently, we do not knowingly collect personal identifying information from any person under the age of 18. If we learn that we have collected personal information from a child under age 18 without a parent’s or legal guardian’s consent, we will take steps to stop collecting that information and delete that information as quickly as possible. If you are a parent or guardian of a child under 18 years of age and you believe your child has provided us with personal information, please contact us at support@opscheck.com.

For more information about COPPA, please visit the Federal Trade Commission’s website at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule.

UPDATES AND CHANGES TO THIS POLICY

We reserve the right to add to, change, update, or modify this Policy at any time to reflect any changes to how we treat your information or in response to changes in law. In the event we make changes to this Policy, such policy will be re-posted on this page, with the date such modifications were made indicated on the top of the page. If we make material changes to how we treat your information, we may contact you to inform you about the revisions with a link to the revised Policy or notify you through a notice on the homepage of the Site for a reasonable period of time. All changes are effective on the date listed at the top of this page and will apply to all information that we have about you.

You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review this Policy prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site or our Services after the “Last Updated” date indicates your acceptance of the changes and your continued consent to our processing of your personal information according to the terms of the then-current Policy. If at any point you do not agree to any portion of this Policy, then you should immediately stop using the Site and the Services. Because this Policy contains legal obligations, we encourage you to review this Policy carefully.

CONTACT US

For more information, or if you have any questions concerning this Policy or our information collection, storage and disclosure practices, wish to exercise your rights, or wish to lodge a complaint with us, you may contact us using the information below. Please note, if your communication is sensitive, you may wish to contact us by postal mail or telephone.

In Writing by Email:

FJC Partners, LLC: support@opscheck.com