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PRIVACY NOTICE

V 2024-02. Published 12 Febrary 2024

This Privacy Notice explains how information about you, that directly identifies
you, or that makes you identifiable (“personal information” (also referred to as
“personal data” in some jurisdictions)) is collected, used, disclosed, and
otherwise processed by Optimizely. This Privacy Notice replaced Optimizely’s
former Privacy Policy. 


SUMMARY

Who Collects And Processes Your Personal Information? Optimizely does, in the
form of the respective legal entity, entity of the global group of the
Optimizely group of companies. The Optimizely Privacy Notice describes in detail
which processing activities of which Optimizely group entity apply.

What Personal Information Does Optimizely Collect? Optimizely may collect
various types of personal information about you when conducting its business,
including (but not limited to):

 * personal contact information,
 * personal information related to your or your employer’s business relationship
   with Optimizely,
 * personal information Optimizely must collect due to legal- and
   compliance-related purposes,
 * personal usage, registration, and participation data which Optimizely may
   generate through your use of its web and online offerings,
 * special categories of personal information,
 * application-related personal information,
 * personal information which Optimizely may receive from third parties,
 * personal information Optimizely requires to ensure your or your employer’s
   satisfaction with our products, services and offerings.

The purposes Optimizely collects Your Personal Information? Optimizely processes
your personal information to:

 * pursue its business relationships with you, your employer, or your employer’s
   customers, including ensuring your satisfaction with and keeping you up to
   date on the latest news about our products and services,
 * develop and offer you its software products, cloud and other services,
 * protect the quality and safety of its premises, facilities, products or
   services,
 * secure and, if necessary, defend its protected legal assets against unlawful
   attacks, assert our rights or defend Optimizely against legal claims,
 * ensure compliance with statutory laws and regulations applicable to
   Optimizely,
 * operate Optimizely’s Internet pages, web offerings, or other online events
   including analyzing the behaviour of the users, enabling you to create a user
   profile, benefit from an identity service and to promote and continuously
   improve your user experience,
 * search you as a potential talent for Optimizely,
 * transfer it to recipients like other entities of the Optimizely Group,
   third-party service providers, Optimizely partners and others.

Rights of Access, Correction & Return. You have the right to request from
Optimizely access to, correction of, and/or the return or the deletion of your
personal information. You may request from Optimizely to restrict the access to
your personal information or to exclude it from further processing. You may
revoke a once given consent or object to processing activities which Optimizely
may intend to pursue in a given case. When you believe that Optimizely was
processing your personal information not in accordance with this Privacy Notice
or under breach of applicable personal information protection laws, you have the
right to lodge a complaint with a relevant supervisory authority. The Privacy
Notice describes each of these rights in detail, including how you can reach us
to exercise any of these rights against Optimizely and how to identify, if
necessary, the relevant personal information protection authority.

Country Specific Disclosures. In Schedule I, Optimizely addresses
several country specific aspects that must be explained in a privacy Notice
under relevant country laws. The country-specific requirements include, but is
not limited to those, from the EU and EEA, the United States of America (and
specifically, the State of California) and the United Kingdom.

Intranet Sites. This Privacy Notice does not apply to Optimizely internet-pages
or web-services which present their own privacy Notice – (for example, at
Optimizely Careers).

Learn More. This summary does not replace or supersede the detailed explanations
in the Optimizely Privacy Notice. In case of any doubt, please always refer to
the relevant passage in the actual full Notice below. If you want to learn more
about each of these purposes for which Optimizely may collect, transfer, and use
your personal information, including for how long your personal information is
being retained, please refer to the full Privacy Notice below.

______________________________

Definitions. When we use -

 * “Optimizely”, “Optimizely Group”, “we”, “us”, or “our” in this Privacy Notice
   - we are referring to Optimizely North America Inc. and Optimizely AB and
   their respective affiliates. And “Local Optimizely’ means an applicable
   Optimizely Group company. 
 * “Service” - we are referring to any of the services and product offerings
   that we offer as a controller, our websites https://www.optimizely.com and
   https://world.optimizely.com, or any other Optimizely Group product or
   service that posts or links to this Privacy Notice. Servicesmay include any
   of Optimizely’s on-prem and cloud software products, web services, apps,
   online-forums, webinars and events, non-marketing related newsletters, white
   papers, tutorials, trainings, as well as other offerings like contests or
   sweepstakes.
 * “personal information”, we are also referring to personal information and
   personally identifiable information

Optimizely as a Data Controller: This Privacy Notice applies only where
Optimizely is the “data controller” (or similar term under applicable laws) and
is responsible for and controls the processing of your personal information
collected by Optimizely for Optimizely through your use of our Services.

Optimizely as a Data Processor: In providing our Services, our customers may
collect and process data in their utilisation of Services (“Customer Data”), or
we may collect such data on their behalf, which may in either case include the
personal information of our customers’ authorized users. Here, Optimizely is a
“data processor” (or similar term under applicable laws), and we have
contractually committed ourselves to our customers (typically in the form of our
Software Subscription Agreement, and data processing agreement) to process that
Customer Data (and personal information) under the instruction of the respective
client, who is the data controller in these cases. As such, this Privacy Notice
does not apply to the processing of Customer Data (including personal
information), and we recommend you read the privacy notice of the respective
client if their processing concerns your personal information.

Table of Contents

 1.  For What Purposes Does Optimizely Use Your Personal Information
 2.  What Personal Information Does Optimizely Collect And Use, And How To We
     Collect It
 3.  How Long Will Your Personal Information Be Stored & Used by Optimizely
 4.  Who May Optimizely Share Your Personal Information
 5.  Your Control of Your Personal Information
 6.  Your Control of Our Marketing Messages
 7.  How Can You Exercise Your Rights of Control?
 8.  Children
 9.  Region-specific Disclosures
 10. Third Party Websites And Services
 11. EU-US Data Privacy Framework 
 12. Changes To This Privacy Notice
 13. Contact Us
 14. Region and Country Specific Disclosures

1. FOR WHAT PURPOSES DOES OPTIMIZELY USE YOUR PERSONAL INFORMATION.

When conducting business and operating our various web presences and other
communication channels, Optimizely collects limited personal information of the
people it interacts with, including customers, partners, suppliers, vendors,
candidates, and any other people with whom we interact. In any of these cases,
Optimizely may use this personal information for one or more of the following
business purposes:

To pursue business relationships with customers, partners, and others.
Optimizely may use personal information to pursue its business relationships
with customers, partners, and other users to fulfill pre-contractual and
contractual business relations. This may include satisfying requests, processing
orders, delivering an ordered product or service, or engaging in any other
relevant action to establish, fulfill and maintain our business relationships.
When you purchase or intend to purchase Services from Optimizely on behalf of a
corporate customer or are otherwise associated as contact person for the
business relationship between Optimizely and a corporate customer or partner,
Optimizely will use your personal information for this purpose. More
specifically, Optimizely may use your personal information to confirm your
opening of an account, manage the contract execution, send you disclosures as
may be required by law, notice of payments, and other information about our
products and services. Optimizely may respond to related inquiries, provide you
with necessary support and process your feedback. In the context of your or your
employers use of our Services, Optimizely may communicate with you by post,
email, live chat, contact forms, phone or any other medium to resolve your, a
user’s, or a customer’s question or complaint or to investigate suspicious
transactions. In case of telephone calls or chat sessions, Optimizely may record
such calls or chat sessions to improve the quality of Optimizely’s services
after informing you accordingly during that call and, subject to applicable law,
receiving your prior consent before the recording begins.

Customer Satisfaction - Within an existing business relationship between you or
your employer and Optimizely, Optimizely may use your personal information to
help us understand how satisfied you are with the functionality and quality of
our Services, to provide you with relevant information on our latest product
announcements, software updates or upgrades, events, special offers, and other
information about Optimizely’s Services that is relevant and useful to you.

To develop our Services. To the extent permitted by applicable law, Optimizely
may process your personal information for internal research, technological
demonstration and development, and to help Optimizely create, develop, operate,
deliver, improve, upgrade or enhance Optimizely’s products and services.
Optimizely may process personal information to create anonymized data sets which
may then be used to improve Optimizely’s Services.

To ensure legal compliance. Optimizely processes personal information to comply
with statutory obligations. This includes Optimizely’s compliance with
applicable export laws, trade sanctions and embargoes of various countries
including, without limitation, those of the European Union and its member
states, and of the United States of America. Optimizely may use personal
information to the extent necessary to comply with these legal requirements.
Specifically, Optimizely may use personal information to conduct automated
checks against applicable sanctioned-party lists, to regularly repeat such
checks whenever a sanctioned-party list is updated or when a user updates his or
her information. In case of a potential match, Optimizely will block access to
Optimizely’s services and systems and contact the user to confirm his or her
identity. If necessary, Optimizely uses personal information to prevent or
prosecute criminal activities such as any form of cybercrime, the illegal use of
our products and services or fraud, to assert our rights or defend Optimizely
against legal claims. To comply with data protection and unfair competition law
related requirements. Depending on the country in which the relevant Optimizely
Group company operates, and whether you have expressly consented to or opted out
of receiving commercial information, Optimizely may process personal information
necessary to accommodate your data protection and privacy choices for the
receipt of such information and, when necessary to ensure compliance, exchange
such information with the other entities of the Optimizely Group.

Technical and Organizational Security. Optimizely may use your personal
information for the purpose of ensuring an adequate level of technical and
organizational security of Optimizely's products, services, online events,
facilities, and premises. Optimizely may take the measures necessary to verify
or maintain the quality and safety of a product or service which is owned,
manufactured by or for, or controlled by Optimizely. This may comprise the use
of personal information for sufficient identification and authorization of
designated users, internal quality control through auditing, analysis, and
research, debugging to identify and repair errors that impair existing or
intended functionality, account and network security, replication for loss
prevention, detecting security incidents, protection against malicious,
deceptive, fraudulent, or illegal activity, and prosecuting those responsible
for such kind of activity. We may further process your name, likeness, and other
contact or compliance related data when you visit an Optimizely Group office in
the context of access management and video surveillance to protect the security
and safety of our locations and assets.

To operate Optimizely internet pages, web-offerings, or other online events.
Optimizely may use your personal information for the purpose of operating,
providing to you and administering your use of Optimizely’s internet pages, web
offerings, or other online events. This includes the following -

Creating user profiles. Certain web offerings linked to Optimizely’s websites,
including forums, blogs, and networks (for example @
https://world.optimizely.com), require you to register and create a user
profile. Through the user profile you can share personal information about you
with other users, such as your name, photo, social media accounts, postal or
email address, telephone number, personal interests, skills, and basic
information about your company. The user profiles serve to personalize the
interactions between the users (for example, by way of messaging or follow
functionality) and to allow Optimizely to foster the collaboration and quality
of communication through such offerings. The profile settings of the relevant
web offering allow you to determine which information you want to share.

Identity service. The user profile may be specific to a single web offering of
Optimizely, but it also allows you to access other web offerings of Optimizely
or of other entities of the Optimizely Group. It is your choice whether or not
to use any of these additional web offerings. If you do, Optimizely will make
your personal information available to such other web offerings to provide you
with initial access. Kindly note that without your consent for Optimizely to
create such user profiles, Optimizely will not be able to offer such services to
you where your consent is a statutory requirement that Optimizely can provide
these services to you.

Event profiling. If you register for an event, seminar, or webinar of
Optimizely, Optimizely may share basic participant information (your name,
company, and email address) with other participants of the same event, seminar,
or webinar to promote the interaction between the participants and to stimulate
the communication and the exchange of ideas.

User experience improvement. Optimizely processes information that relates to
your visit to our web offerings to improve your user experience, identify your
individual demand and to personalize the way we provide you with the information
you are looking for. For this purpose, we collect information regardless of
whether you register with a user profile or not.

Cookies and similar tools. We and our third-party providers may use (i) cookies
or small data files that are stored on an individual’s computer and (ii) other,
related technologies, such as web beacons, pixels, embedded scripts,
location-identifying technologies and logging technologies (collectively,
“cookies”) to automatically collect this personal information. For more
information about these practices and your choices regarding cookies, please see
our Cookie Notice.

To Recruit. Optimizely is collecting and using personal information of qualified
individuals and people interested in our career opportunities from various
sources. Job applicants and candidates are asked to apply via Optimizely’s
Careers Portal, regardless of whether this is done initiatively or in response
to an advertised posting. Optimizely collects personal information by means of
the Careers Portal for the purposes of carrying out the application procedures
and selecting applicants. You may find further information about how Optimizely
collects and uses applicant’s personal information in the privacy notice
specific to the Optimizely careers websites and portals.

To offer Optimizely’ Services. Optimizely collects and processes personal
information for sales and marketing purposes. We aim to keep you updated on
upcoming events and Optimizely’s latest products and services. If possible, we
may contact you to discuss further your interest in Optimizely services and
offerings. This sales and marketing purposes includes the following -

Request feedback, questionnaires and surveys. To the extent allowed by
applicable law, Optimizely may contact you for feedback regarding the
improvement of the relevant material, product, or service. Optimizely may also
invite you to participate in questionnaires and surveys. These will generally be
designed so you can participate without having to provide information that
identifies you as a participant. If you nonetheless provide your personal
information, Optimizely will use it for the purpose stated in the questionnaire
or survey or to improve its products and services.

To keep you up to date. Within an existing business relationship between you or
your employer and Optimizely, Optimizely may use your personal information to
inform you about Optimizely products or services which are similar or relate to
products and services you or your employer have already purchased or used.
Optimizely will inform you by email or phone about such news only as far as it
is allowed by law, or if Optimizely has collected such information in the
context of the business relationship. You are entitled to object to Optimizely’s
use for this purpose at any time by selecting the opt-out option at the bottom
of each marketing related approach.

Personalized Content. Optimizely processes information about your interactions
with Optimizely across its various business areas and its offerings (your or
your employers prior and current use of Optimizely products or services, your
participation in and use of Optimizely’s web offerings, events, white papers,
free trials or newsletters) to provide you with the requested products and
services and to improve our personal communications with you. This data may also
be used to efficiently operate Optimizely’s business, which also includes: the
automation and aggregation of data to support various analytic and statistical
efforts, performance and predictive analytics and data science to support your
customer journey and to fulfill such requests. To the extent permitted by law,
Optimizely may combine and use such information in an aggregated manner to help
us understand your interests and business demands, develop our business insight
and marketing strategies, and to create, develop, deliver, and improve our
personalized communications with you. It may also be used by Optimizely to
display relevant content on Optimizely owned or third-party websites.

Advertising ID’s. If you consent or as permitted by applicable law, Optimizely
may create a hashed user ID to provide to third party operated social networks
or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram or
Google). This information is then matched against the third party’s own user
database to display to you more relevant Optimizely content.

2. WHAT PERSONAL INFORMATION DOES OPTIMIZELY COLLECT AND USE, AND HOW DO WE
COLLECT IT 

Optimizely processes various types of personal information about the people we
interact with when conducting our business or operating our various web
presences and other communication channels. When you interact with us, we are
collecting personal information about you. Sometimes we collect personal
information automatically when you interact with our Services and sometimes we
collect the personal information directly from you. At times, we may collect
personal information about you from third parties with a legitimate right to
share it.

Depending on the individual case, this may comprise the following types of
personal information:

Contact Information. Optimizely processes the following categories of personal
information as contact information: first name, last name, email addresses,
postal address/location (country, state/province, city), telephone numbers, and
your relationship history with Optimizely.

Personal information related to the business relationship with Optimizely. In
the context of established business relationships, Optimizely processes the
business partner’s company name, industry, your job title and role, department
and function and your company’s relationship history to Optimizely. If you
provide a credit card number or bank details to order products or services,
Optimizely will collect this information to process your payment for the
requested products or services.

Compliance related personal information. If required by statutory law or
regulation, Optimizely may process data categories like date of birth, academic
credentials, identity cards or other ID numbers, geolocation, business partner
relevant information about e.g., significant litigation or other legal
proceedings, and other export control or custom compliance relevant information.

Information generated through your use of, or participation in, Optimizely’s
internet pages, web, or online offerings

Usage information. Optimizely processes certain user-related information, e.g.,
info regarding your browser, operating system, or your IP address when you visit
Optimizely’s web properties. We also process information regarding your use of
our web-offerings, like the pages you visit, the amount of time you spend on a
page, the page which has referred you to our page and the links on our sites you
select.

Without limiting Usage Data collection, we and our third-party providers and
partners collect certain personal information automatically when you visit,
interact with, or use our Service: (A) Log Data (including your internet
protocol (IP) address, operating system, browser details such as type, ID, and
configuration, unique identifiers, device type and version, the referring URL,
date/time of your visit, the time you spent on our services and any errors that
may occur during your visit to our Services; (B) Analytics Data (including the
electronic path you take to our services, through our services and when exiting
our services, UTM source, as well as your usage and activity on our services,
such as the time zone, activity information (first and last active date and
time), usage history (flows created, campaigns scheduled, emails opened, total
log-ins) as well as the pages, links, objects, products and benefits you view,
click or otherwise interact with. We may also analyse the interaction between
you and your customer using our Services, (C) Location Data (including your
general geographic location based on the IP address we collect, and (D) Platform
data (if you have an account to use the services we offer as a processor, we may
in addition also collect your name, phone number, email address, company
information, status in the sales cycle, lead and commercial details (like
platform specifics, initial marketing channel), and user and account ID and
other identifiers (such as Salesforce ID and Optimizely ID), NPS/account
sentiments, Optimizely Academy user profile/history data, account health status,
event attendance, status as lead/account, integrations. We and our third-party
providers may use (i) cookies or small data files that are stored on an
individual’s computer and (ii) other, related technologies, such as web beacons,
pixels, embedded scripts, location-identifying technologies and logging
technologies automatically collect this personal information. For more
information about these practices and your choices regarding cookies, please see
our Cookie Notice.

Registration information. Optimizely may process your contact data as set out
above and other information which you may provide directly to Optimizely if you
register for any of Optimizely 's events or other web services.

Participation information. When you participate in webinars, virtual seminars,
events, or other Optimizely web services, Optimizely may process your
interactions with the relevant webservice to organize the event including its
sessions, polls, surveys, or other interactions between Optimizely and/or its
participants. Depending on the event and subject to a respective notification of
the participants, Optimizely may collect audio and video recordings of the event
or session.

Special categories of personal information. In connection with the registration
for an event, Optimizely may ask for your dietary preferences or information
about potential disabilities for purposes of consideration for the health and
well-being of our guests. Any collection of such information is always based on
the consent of the participants. Kindly note that if you do not provide such
information about dietary preferences, Optimizely may not have the opportunity
to respond to such requests at the time of the event.

Personal information received during an application for a job at Optimizely.
Optimizely processes personal information of individuals applying for a job at
Optimizely as set out in the privacy notice at Optimizely’s career websites and
portals.

Personal information received from our partners. In some circumstances, we also
collect, or our partners provide us with, publicly available information which
may contain Personal Data that you have published or that has been made
available online. The way in which our partners collect this is detailed in
their own privacy policies, available on their websites.

Personal information received from other third-parties, including publicly
available sources. Optimizely aims to collect personal information directly from
the data subjects. If you or applicable law allows Optimizely to do so,
Optimizely may obtain personal information also from third party sources. These
third-party sources may include: (i) your employer in the context of its
business dealings with Optimizely and/or the Optimizely Group, (ii) third
parties you directed to share your personal information with Optimizely, and
(iii) third party sources and publicly available sources like business oriented
social networks or information broker. When we collect personal information from
third party sources, established internal controls aim to ensure that the
third-party source was permitted to provide this information to Optimizely and
that we may use it for this purpose. Optimizely will treat this personal
information according to this Privacy Notice, plus any additional restrictions
imposed by the third party that provided the personal information to Optimizely
or by applicable national law.

Personal information necessary for customer satisfaction. To the extent
permitted by law or based on your consent, Optimizely may combine the
information we collect either directly or indirectly about specific users to
ensure the completeness and correctness of the data and to help us better tailor
our interactions with you and determine the information which best serves your
respective interest or demand.

Our collection of your personal information can also include the following: (i)
personal information you provide in connection with our Service – for example,
account creation and profile information for any Optimizely account or
Optimizely ID, and this information includes your email and password, company
name, company URL, office phone number and office address, and you may also add
or confirm your name, company industry, tax ID, billing address, time zone and
source of contact/lead; (ii) Contract Information - if your company enters into
a contractual relationship with us, we may collect your name, job title, email
address, signature (if wet signed or a copy of their autograph is used),
customer name and address, and information how you heard about us; (iii) payment
and transaction Information - if you sign up for one of our Services requiring
payment, we collect the information provided in connection with such payment
using a third party payment processor to process your payments and as such, all
such information is provided directly by you to our third-party processor and
that payment processor’s use of your personal information is governed by their
privacy notice, although we will only receive the last 4 digits of the credit
card number along with transaction-related information (i.e., payment date,
amount, device type, IP address and card type), and if any custom billing is
arranged, then the account contact’s name, email, job title, company and address
may be collected as well; (iv) communications - when you contact us through any
method of communications, including through one of our website “Contact Us”,
“Chat” or “Support” functions or you request information about, or a
demonstration of, our Services, we may collect your name, email address, mailing
address, phone number, company/company URL, account ID, type of inquiry, or any
other personal information you choose to provide to us, such as how many
contacts you have/your company has, which products interest you, what platform
is currently being used, and meeting dates and times; (v) Newsletter, Marketing
Emails, and Blog - if you sign up to receive news or alerts from us, or
subscribe to our blog, we may collect your email and applicable interests and
communication preferences; (vi) Optimizely educational resources if you sign up
for courses or training at the Optimizely Academy (powered by Intellum) - you
will be asked for your user’s name, email, and password, and you may be able to
add a profile picture, and when using that platform, a user’s history on
registrations, courses taken, scores, and product certifications, survey
responses and lead status as well as unique identifier are captured; (vii)
Optimizely World Communities. if you wish to participate in the Optimizely
network with other account holders and developers, and find resources, insights
and further support from other used, you may participate in various Optimizely
communities. In this case we may collect the following information: your account
credentials, your Optimizely account ID, email address and partner ID, and your
account will also show classifications based on your involvement in the relevant
Community and badges showing your based on your involvement/accomplishment (both
of which can be manages in the profile settings to be visible or not visible to
other users of the applicable Community) as well as all content you share via
the Community function, and you may be able to add your name, username, job
title, city, country, profile picture, social media (Instagram and Twitter), and
bio/signature details that may be visible to the other users of the relevant
Community; and (viii) Events, Surveys, Feedback and Promotions (including
Contests, Sweepstakes, Webinars, and Training Sessions) - if you fill out any
forms or otherwise provide your information to us in connection with Optimizely
events, surveys, or other promotional events (including contests, sweepstakes,
webinars, and trainings), as well as when you provide feedback to us, we may
collect your contact information (such as your name, email, and phone number),
your organization company, your job title, the office address and any other
information you provide to us. 

We may also collect your personal information from: (A) within the Optimizely
Group - we may receive your personal information from within Optimizely Group;
(B) Optimizely Business and Marketing Partners - we may also disclose personal
information with other business and marketing partners with whom we jointly
offer products or services, co-market or host events, or who are part of our
partner ecosystem, and the information we disclose may include your name, phone
number, email address, company name and address, opportunity/interest details of
your company, and information on whether your company is a current client of our
partner; (C)Social Media – when an individual interacts with us through various
social media networks, such as when someone “Likes” us on Facebook or follows us
or shares our content on Facebook, Twitter, Instagram or other social networks
through, for example, the social media buttons embedded into our website, we may
receive some information about individuals that they permit the social network
to share with third parties, and this information we receive is dependent upon
an individual’s privacy settings with the social network. Individuals should
always review and, if necessary, adjust their privacy settings on third-party
websites and social media networks and services before sharing information
and/or linking or connecting them to other services, and (iv) Service Providers
- our service providers that perform services solely on our behalf, such as chat
services, payout processing, and marketing providers, collect personal
information and often share some or all of this information with us.

3. HOW LONG WILL YOUR PERSONAL INFORMATION BE STORED & USED BY OPTIMIZELY 

Optimizely will only process your personal information only for as long as it is
required:

 * to make Services requested by you or your employer available to you;
 * for Optimizely Group to comply with statutory obligations to retain personal
   information, resulting inter alia e.g. from applicable export, finance, tax
   or commercial laws;
 * to fulfill Optimizely’s legitimate business purposes as further described in
   this Privacy Notice, unless you object to Optimizely’s use of your personal
   information for these purposes;
 * until you revoke a consent you previously granted to Optimizely to process
   your personal information.
 * Optimizely may process your personal information for Service development
   until this no longer necessary or Optimizely is informed that your
   relationship with the Optimizely customer has changed.
 * Optimizely may retain your personal information for additional periods if
   necessary for compliance with legal obligations to process your personal
   information or if the personal information is needed by Optimizely to assert
   or defend itself against legal claims. Optimizely will retain your personal
   information until the end of the relevant retention period or until the
   claims in question have been settled.

To learn more about how you may revoke consent, please refer to Your Control of
Your Personal Information sections below, How Can You Exercise Your Rights of
Control, and Contact Us sections below.

 

4. WHO MAY OPTIMIZELY SHARE YOUR PERSONAL INFORMATION 

We may also share, transmit, disclose, grant access to, make available, and
provide your personal information as described below. 

 * Optimizely Group: As Optimizely is making available its Services to its
   customers only via local business relationships, Optimizely may transfer your
   personal information to the locally relevant Optimizely Group entity for the
   purpose and to the extent necessary to conduct a business relationship. Other
   entities of the Optimizely Group may also receive or gain access to personal
   information either when rendering group internal services centrally and on
   behalf of the Optimizely Group or when personal information is transferred to
   them on a respective legal basis. These companies will use your personal
   information in the same way as we can under this Privacy Notice. If you would
   like to find out which Optimizely Group entity is responsible for the
   business relationship with you or your employer, please contact us at
   privacy@optimizely.com
 * Service Providers: We may share your personal information with third party
   contractors and service providers, that are subject to reasonable
   confidentiality terms, and which may include processing payments, providing
   web hosting and maintenance services, technology support providers, email and
   messaging communications providers, analytics providers, data storage
   providers, and web and video hosting providers and developers. Any such
   service providers will be subject to confidentiality provisions, and be bound
   to only process the information on our behalf and under our instructions,
   unless such service providers act as their own controllers (e.g., in the case
   we seek advice from consultants).
 * Business and Marketing Partners: We may also disclose personal information
   with other business and marketing partners with whom we jointly offer
   products or services, co-market or host events, or who are part of our
   partner ecosystem. We may obtain your consent where required by applicable
   law. Our business and marketing partners will use your information in
   accordance with their own privacy notices. 
 * Advertising Partners: We may share certain personal information (including
   information collected through cookies) with our advertising service providers
   and vendors in order to advertise our Services to you. For more information
   on how we collect and share this information, please see the Online
   Advertising section below.
 * Corporate Transaction: We may transfer any information we collect in the
   event we sell or transfer all or a portion of our business or assets
   (including any shares in the company) or any portion or combination of our
   products, services, businesses and/or assets. Should such a transaction occur
   (whether a divestiture, merger, acquisition, bankruptcy, dissolution,
   reorganization, liquidation, change of control or similar transaction or
   proceeding), we will use reasonable efforts to ensure that any transferred
   information is treated in a manner consistent with this Privacy Notice.
 * Legal Obligations and Rights: We may disclose personal information to third
   parties, such as legal advisors and law enforcement agencies, regulators,
   other authorities and other third parties for legal reasons if we reasonably
   believe that such action is necessary:
    * in connection with the establishment, exercise, or defense of legal
      claims; 
    * to comply with laws or to respond to lawful requests and legal process; 
    * to protect our rights and property and the rights, personal safety and
      property of others, including to enforce our agreements and policies;
    * to detect, suppress, or prevent fraud; or
    * as otherwise required by applicable law.

 * The Public/Other Optimizely World Community users: when you post content on
   any Optimizely World Community portion of the website: Remember, our websites
   allow you to connect and interact with others. In that case, your personal
   information may be visible to others as set out above under “Optimizely World
   Community”.
 * With Your Consent: We may disclose personal information about an individual
   to certain other third parties or publicly with their consent or direction.
   For example, with an individual’s consent or direction we may post their
   testimonial on our website or service-related publications. 

5. YOUR CONTROL OF YOUR PERSONAL INFORMATION 

You can manage and control our use of your personal information as outlined in
this Privacy Notice.

In addition, If you have a Optimizely account with us, you have the ability to
modify certain information in your account (e.g., your contact information and
profile picture) through the “Settings” tab in your Optimizely log-in account.
Not all personal information is maintained in a format that you can access or
change. If you would like to request access to, or correction or deletion of
personal information, you may send your request to us by messaging support in
the support portal through your Optimizely account. We will review your request
and may require you to provide additional information to identify yourself, but
we do not promise that we will be able to satisfy your request.

Please direct any requests to exercise your rights to privacy@optimizely.com.

6. YOUR CONTROL OF MARKETING MESSAGES 

You can manage our marketing messages to you.

Email Communications. From time to time, we may send you emails regarding
updates to our Services, products or services, notices about our organization,
or information about products/services we offer that we think may be of interest
to you. If you wish to unsubscribe from such emails, simply click the
“unsubscribe link” provided at the bottom of the email communication.

Note that you cannot unsubscribe from certain services-related communications
(e.g., account verification, confirmations of transactions, technical or legal
notices).

Messaging Platforms. We may use personal information we collect to communicate
with individuals via messaging platforms (such as WhatsApp), including to market
to you or offer you information and updates on products or services we think you
may be interested in. You can unsubscribe from these messages at any time by
replying STOP in one of our messages.

SMS Text Messaging. We may use personal information we collect to communicate
with individuals via text message, including (with your consent) to market to
you or offer you information and updates on products or services we think you
may be interested in. You can unsubscribe from marketing text messages at any
time by replying STOP or clicking the unsubscribe link (where available) in one
of our messages.

If you do not want to receive any marketing communications from us, you can also
at any time go to our ‘unsubscribe’ page @
https://pages.optimizely.com/UnsubscribePage.html

Our customers are solely responsible for their own marketing emails and other
communications and we cannot unsubscribe you from their communications. If you
believe any of our customers or partners has engaged in unsolicited sending of
mass email (or SPAM) and that they are using our Products and Services to do so,
please contact our Data Protection Officer at DPO@optimizely.com, and the
Privacy Office at privacy@optimizely.com.

7. HOW CAN YOU EXERCISE YOUR RIGHTS OF CONTROL? 

Please direct any requests to exercise your rights to privacy@optimizely.com

Optimizely will take steps to ensure it verifies your identity to a reasonable
degree of certainty before it will process the information protection right you
want to exercise. When practical and commercially reasonable, Optimizely will
match personal information provided by you in submitting a request to exercise
your rights with information already maintained by Optimizely. This could
include matching two or more data points you provide when you submit a request
with two or more data points that are already maintained by Optimizely.
Optimizely will not process requests that are manifestly unfounded, excessive,
fraudulent, represented by third parties without duly representing respective
authority or are otherwise not required by local law.

8. CHILDREN

Our Services are not directed to, and we do not intend to, or knowingly, collect
or solicit personal information from children under the age of 16. If an
individual is under the age of 16, they should not use our Services or otherwise
provide us with any personal information either directly or by other means. If a
child under the age of 16 has provided personal information to us, we encourage
the child’s parent or guardian to contact us to request that we remove the
personal information from our systems. If we learn that any personal information
we collect has been provided by a child under the age of 16, we will promptly
delete that personal information.

9. REGION-SPECIFIC DISCLOSURES

This Privacy Notice is designed to apply to our website visitors, users of our
Service, and other companies and users on a global basis. Please refer to
Schedule I for additional disclosures that may be applicable to you:

10. THIRD PARTY WEBSITES AND SERVICES

The Services may contain integrations or links to third party websites or
services, including those of our business partners. By interacting with these
third parties, you are providing information directly to the third party and not
Optimizely. Please note that Optimizely is not responsible for the privacy
practices of these third parties or any entity that it does not own or control.
We encourage you to review the privacy notices and online terms of those third
parties to learn more about how they handle your personal information.

11. EU-US, US-UK AND SWISS-US DATA PRIVACY FRAMEWORK 

Optimizely complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the
UK Extension to the EU-U.S. DPF, the Swiss-U.S. Data Privacy Framework
(collectively, the “Data Privacy Frameworks” or “DPFs”) as set forth by the U.S.
Department of Commerce (https://www.dataprivacyframework.gov/) regarding the
collection, use, and retention of personal information transferred to the U.S.
from the European Union (EU), United Kingdom (UK) and /or Switzerland
respectively. Optimizely has certified to the U.S. Department of Commerce that
will adhere to the DPF Principles with respect to such information (“DPF
Principles”), and accordingly, Optimizely is subject to the regulatory
enforcement powers of the U.S. Federal Trade Commission with respect to personal
information received or transferred pursuant to those Data Privacy Frameworks
and the DPF Principles. Furthermore, Optimizely shall be liable to you for any
third-party agent to which Optimizely transfers your personal information and
that processes such personal information in a manner that violates the DPF
Principles, unless Optimizely can demonstrate that it is not responsible for the
resulting damages. If there is any conflict between the terms in this Privacy
Notice and the DPF Principles, the DPF Principles shall prevail and govern. To
learn more about any Data Privacy Framework program, and to view our
certifications, please visit https://www.dataprivacyframework.gov/.

In compliance with the Data Privacy Frameworks, Optimizely commits to resolve
complaints about our collection or use of your personal information. EU, UK and
Swiss individuals with inquiries or complaints regarding our Data Privacy
Framework policy should first contact Optimizely at privacy@optimizely.com.

Optimizely has further committed to refer unresolved Data Privacy Framework
complaints to (i) the American Arbitration Association at the International
Centre for Dispute Resolution (‘ICDR AAA’) or to (ii) JAMS (formerly known as,
Judicial Arbitration and Mediation Services), as alternative dispute resolution
providers. The ICDR AAA and JAMS are both located in the United States. Either
is available to you, at your choice. If you do not receive timely acknowledgment
of your complaint from us, or if we have not reasonably addressed your complaint
to your satisfaction, please visit ICDR AAA at https://go.adr.org/dpf_irm.html
or JAMS at https://www.jamsadr.com/dpf-dispute-resolution for more information
or to file a complaint. Those services are made available to you at no cost to
you.

Alternatively, for European residents, the EU Data Protection Authorities (EU
DPAs), and for United Kingdom residents, the Information Commissioner’s Office ,
are also available to serve as an independent recourse mechanism for the dispute
resolution arising from our collection, use, and retention of your personal data
transferred to the United States. You may contact your UK ICO here, local EU
DPA here and for Swiss individuals, the Swiss Federal Data Protection
office here for more information. Those services are also made available at no
cost to you.

Optimizely also commits to cooperate and comply with advice of the panel
established by the EU data protection authorities (DPAs), and the UK Information
Commissioner’s Office (ICO), and the Swiss Federal Data Protection and
Information Commissioner (FDPIC) with regard to unresolved complaints concerning
our handling of human personal data received in reliance on Data Privacy
Frameworks.

In certain circumstances, the Data Privacy Frameworks provide you with the right
to invoke binding arbitration by the Data Privacy Framework Panel. For more
information on this option, please see refer to the DPF Principles.

12. CHANGES TO THIS PRIVACY NOTICE

We reserve the right to change this Privacy Notice from time to time in our sole
discretion. We will notify you about material changes in the way we treat
personal information by adequately informing you via your account, by placing a
prominent notice on our website, or through other appropriate communication
channels. It is your responsibility to review this Privacy Notice periodically.
All changes shall be effective from the date of publication unless otherwise
provided.

13. CONTACT US

If you have any questions or requests in connection with this Privacy Notice or
other privacy-related matters, please send an email to privacy@optimizely.com.

Region Specific Disclosures

________________________________________________

Where Optimizely is subject to privacy requirements in the EU, EEA and other
GDPR relevant countries, and the United Kingdom and Switzerland.

Optimizely Group maintains operations in Europe and may direct our services to
individuals located in the EEA, UK and Switzerland. In these instances, the
following additional disclosures apply to our processing of personal
information. When we use the term “personal data”, we mean personal information
– that is, information relating to an identified or identifiable natural person.

CONTROLLERS. SUBJECT TO YOUR LOCATION, EITHER OPTIMIZELY NORTH AMERICA INC OR
OPTIMIZELY AB. IS THE CONTROLLER OF YOUR PERSONAL DATA. IN ADDITION, THE
OPTIMIZELY GROUP ENTITIES ARE EACH JOINTLY RESPONSIBLE WITH OPTIMIZELY NORTH
AMERICA INC AND OPTIMIZELY AB TO PROCESS YOUR PERSONAL DATA FOR THE FOLLOWING
REASONS: TO PERFORM OUR CONTRACTUAL SERVICES, AS FURTHER DESCRIBED BELOW. 

Legal Bases For The Processing. Regularly, we use your personal data based on
the following legal grounds according to the Regulation (EU) 2016/679 (the “EU
GDPR”) or, where applicable, the “UK GDPR” as it forms part of the law of
England and Wales, Scotland and Northern Ireland by virtue of section 3 of the
UK European Union (Withdrawal) Act 2018 GDPR:

 * Perform our contractual services, including prior to entering into a contract
   with you: If you order Services from us or if you contact us to request our
   Services, we use your personal data to provide you with these Services,
   including for account and contract management, to facilitate user benefits
   and services, including customer support, and evaluate your candidacy for
   employment and to facilitate the onboarding process.
 * Justified by our legitimate interests: The usage of your personal data may
   also be necessary for our own business interests. For example, we may use
   some of your personal data to send gifts to you; market our Services to
   individuals; administer, improve and personalize our Services, including by
   recognizing an individual and remembering their information when they return
   to our Services and analyzing our client-base; Process payment for our
   Services; conduct market research; opportunity tracking, conversion and lead
   generation; test, enhance, update and monitor the Services, or diagnose or
   fix technology problems; help maintain the safety, security and integrity of
   our property and Services, technology assets and business; enforce ourWebsite
   Terms of Use and other online terms for our Services resolve disputes, carry
   out our obligations and enforce our rights, and protect our business
   interests and the interests and rights of third parties; and prevent,
   investigate or provide notice of fraud or unlawful or criminal activity. 
 * Consent: In some cases, we may ask you to grant us separate consent to use
   your personal data. 
 * Compliance with legal obligations. We are obligated to retain certain
   personal data because of legal requirements, for example, tax or commercial
   laws, or we may be required by law enforcement to provide personal data on
   request. We do not use your personal data for automated individual
   decision-making.

HOW LONG WILL WE STORE YOUR PERSONAL DATA. WE WILL USUALLY STORE THE PERSONAL
DATA WE COLLECT ABOUT YOU FOR NO LONGER THAN NECESSARY FOR THE PURPOSES AS SET
ABOVE, AND IN ACCORDANCE WITH OUR LEGAL OBLIGATIONS AND LEGITIMATE BUSINESS
INTERESTS. THE CRITERIA USED TO DETERMINE THE PERIOD FOR WHICH PERSONAL DATA
ABOUT YOU WILL BE RETAINED VARIES DEPENDING ON THE LEGAL BASIS UNDER WHICH WE
PROCESS THE PERSONAL DATA:

 * Contract.Where we are processing personal data is based on contract, we
   generally will retain your personal data for the duration of the contract
   plus some additional limited period of time that is necessary to comply with
   law or that represents the statute of limitations for legal claims that could
   arise from our contractual relationship.
 * Legitimate Interests.Where we are processing personal data based on our
   legitimate interests, we generally will retain such information for a
   reasonable period of time based on the particular interest, taking into
   account your fundamental interests and your rights and freedoms.
 * Consent.Where we are processing personal data based on your consent, we
   generally will retain your personal data until you withdraw your consent, or
   otherwise for the period of time necessary to fulfil the underlying agreement
   with you or provide you with the applicable service for which we process that
   personal data.
 * Legal Obligation.Where we are processing personal data based on a legal
   obligation, we generally will retain your personal data for the period of
   time necessary to fulfil the legal obligation.
 * Legal Claim. We may need to apply a “legal hold” that retains information
   beyond our typical retention period where we face threat of legal claim or
   intent to establish a claim. In that case, we will retain the information
   until the hold is removed, which typically means the claim or threat of claim
   has been resolved.

In all cases, in addition to the purposes and legal bases, we consider the
amount, nature and sensitivity of the personal data, as well as the potential
risk of harm from unauthorized use or disclosure of your personal data.

MARKETING AND ADVERTISING. FROM TIME TO TIME WE MAY CONTACT YOU WITH INFORMATION
ABOUT OUR SERVICES, INCLUDING SENDING YOU MARKETING MESSAGES AND ASKING FOR YOUR
FEEDBACK ON OUR SERVICES. MOST MARKETING MESSAGES WE SEND WILL BE BY EMAIL OR
VIA MESSAGING PLATFORM. FOR SOME MARKETING MESSAGES, WE MAY USE PERSONAL DATA WE
COLLECT ABOUT YOU TO HELP US DETERMINE THE MOST RELEVANT MARKETING INFORMATION
TO SHARE WITH YOU. WE MAY SEND YOU MARKETING MESSAGES IF YOU HAVE GIVEN US YOUR
CONSENT TO DO SO OR WHERE WE HAVE RELIED ON THE SOFT OPT-IN RULE (WHERE
APPLICABLE). IF YOU WISH TO UNSUBSCRIBE FROM SUCH COMMUNICATION, PLEASE SEE THE
DETAILS SET OUT UNDER “YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA”. 

STORING AND TRANSFERRING YOUR PERSONAL DATA

 * Security. We implement appropriate technical and organizational measures to
   protect your personal data against accidental or unlawful destruction, loss,
   change or damage. All personal data we collect will be stored by our cloud
   hosting provider on secure servers. We will never send you unsolicited emails
   or contact you by phone requesting credit or debit card information.
 * International Transfers of your Personal data. The personal data we collect
   may be transferred to and stored in countries outside the EEA, UK and
   Switzerland in countries where we and our third-party service providers have
   operations, including in the United States, where Optimizely North America
   Inc. is located. In the event of a transfer by Optimizely, we ensure that:
   (i) the personal data is transferred to countries recognized as offering an
   equivalent level of protection; or (ii) the transfer is made pursuant to
   appropriate safeguards, such as standard contractual clauses adopted by the
   European Commission. If you wish to enquire further about these safeguards
   used, please contact us using the details set out under the Contact Us
   section of the main Privacy Notice. 

YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA. IN ACCORDANCE WITH APPLICABLE
PRIVACY LAW, YOU MAY HAVE THE FOLLOWING RIGHTS IN RESPECT OF YOUR PERSONAL DATA
THAT WE HOLD:

 * Right of access. You have the right to obtain certain information about our
   processing of your personal data which includes:
   * confirmation of whether, and where, we are processing your personal data;
   * information about the categories of personal data we are processing, the
     purposes for which we process your personal data and information as to how
     we determine applicable retention periods;
   * information about the categories of recipients with whom we may share your
     personal data; and
   * a copy of the personal data we hold about you.
 * Right of portability. You have the right, in certain circumstances, to
   receive a copy of the personal data you have provided to us in a structured,
   commonly used, machine-readable format that supports re-use, or to request
   the transfer of your personal data to another person.
 * Right to rectification. You have the right to obtain rectification of any
   inaccurate or incomplete personal data we hold about you without undue
   delay. 
 * Right to erasure. You have the right, in some circumstances, to require us to
   erase your personal data without undue delay, such as if the continued
   processing of that personal data is not justified. 
 * Right to restriction. You have the right, in some circumstances, to require
   us to limit the purposes for which we process your personal data, such as
   where the accuracy of the personal data is contested by you.
 * Right to withdraw consent. There are certain circumstances where we require
   your consent to process your personal data. In these instances, and if you
   have provided consent, you have the right to withdraw your consent at any
   time. If you withdraw your consent, this will not affect the lawfulness of
   our use of your personal data before your withdrawal. 
 * Right to Object. You also have the right to object to any processing based on
   our legitimate interests where there are grounds relating to your particular
   situation. There may be compelling reasons for continuing to process your
   personal data, and we will assess and inform you if that is the case. You can
   object to marketing activities for any reason at any time.

You also have the right to lodge a complaint to your local data protection
authority. If you are based in the EU, information about how to contact your
local data protection authority is available here. If you are based in the UK or
Switzerland, your local data protection authorities are the UK Information
Commissioner’s Office (https://ico.org.uk/global/contact-us/) and the Swiss
Federal Data Protection and Information Commissioner
(https://www.edoeb.admin.ch/edoeb/en/home/deredoeb/kontakt.html).

If you wish to exercise one of these rights, please submit a request by
completing our Privacy Rights Request Form. You can also always contact our Data
Protection Officer at DPO@optimizely.com, and the Privacy Office at
privacy@optimizely.com..

Due to the confidential nature of data processing, we may ask you to provide
proof of identity when exercising the above rights.

COOKIES AND SIMILAR TECHNOLOGIES. OUR EUROPEAN SERVICES AND EMAILS USE COOKIES
AND SIMILAR TECHNOLOGIES SUCH AS PIXELS AND LOCAL STORAGE OBJECTS (LSOS) LIKE
HTML5 (TOGETHER “COOKIES”) TO DISTINGUISH YOU FROM OTHER USERS OF OUR SERVICES.
THIS HELPS US TO PROVIDE YOU WITH A GOOD EXPERIENCE WHEN YOU USE OUR SERVICES
AND ALSO ALLOWS US TO MONITOR AND ANALYSE HOW YOU USE AND INTERACT WITH OUR
SERVICES SO THAT WE CAN CONTINUE TO IMPROVE OUR SERVICES. IT ALSO HELPS US AND
OUR PARTNERS TO DETERMINE PRODUCTS AND SERVICES THAT MAY BE OF INTEREST TO YOU.
PLEASE SEE OUR COOKIE NOTICE FOR MORE INFORMATION ABOUT THESE PRACTICES AND YOUR
CHOICES REGARDING COOKIES. YOU CAN ALSO ALWAYS CONTACT THE PRIVACY OFFICE AT
PRIVACY@OPTIMIZELY.COM FOR MORE INFORMATION.

________________________________________________

Where Optimizely is subject to privacy requirements in the United States, the
following also applies.

U.S. Children’s Privacy. Optimizely does not knowingly collect the personal
information of children under the age of 13. If you are a parent or guardian and
believe Optimizely collected information about a child, please contact
Optimizely as described in “Contact Us” section of the main Privacy Notice.
Optimizely will take steps to delete the information as soon as possible. Given
that Optimizely websites and online services are not directed to users under 16
years of age and in accordance with the disclosure requirements of the CCPA,
Optimizely does not sell the personal information of any minors under 16 years
of age.

California residents. These California disclosure provide additional information
about how we collect, use, disclose and otherwise process personal information
of individual residents of the State of California, either online or offline,
within the scope of the California Consumer Privacy Act of 2018, as amended by
the California Privacy Rights Act (collectively, the “CCPA”) – (“CA
Disclosures”). Unless otherwise expressly stated, all terms in these CA
Disclosures have the same meaning as defined in our Privacy Notice or as
otherwise defined in the CCPA. When we use the term “personal information” in
this CA Disclosure, we mean information that identifies, relates to, describes,
is reasonably capable of being associated with, or could reasonably be linked,
directly or indirectly, with a particular consumer or household. 

Collection and Use of Your Personal Information. Optimizely collects personal
information from and about you for a variety of purposes, as described in
previous sections of this Privacy Notice.

Categories of Personal Information Collected. In the last 12 months, we have
collected the following categories of personal information: (i) identifiers,
such as your first, middle and last name, email address, username, or other
similar identifiers; (ii) CA customer categories, such as your name, phone
number, and postal address; (iii) commercial information, such as records of
services purchased, obtained or considered; (iv) internet/network Information,
such as device information, logs and analytics data; (v) geolocation data, such
as approximate location data generated based on your IP address or other
information; (vi) sensory information, such as recordings of any phone calls or
video calls (with your permission, as applicable) between you and Optimizely;
(vii) professional/employment information, such as the business or organization
you represent, your title with that business or organization and information
relating to your role with the business or organization, job application
information and other details contained in your resume; (viii) inferences about
your interests and preferences, generated from your use of our sites; and (ix)
other personal information, including information you submit into the feedback
form and any communications between you and Optimizely, as well as information
we receive from social networking sites. We collect this information from the
following sources: (i) directly from you, (ii) from our business partners and
affiliates, (iii) from your browser or device when you visit and / access and
use any of our Services, or (iv) from third parties that you permit to share
information with us. Please see the What Personal Information Does Optimizely
Collect And Use, And How Do We Collect It section above for more information
about the sources of personal information we collect.

Disclosure of Personal Information. Optimizely may share your personal
information with third parties for business purposes. The categories of third
parties to whom we disclose your personal information for a business purpose
include: (i) within the Optimizely Group; (ii) our service providers and
advisors; (iii) analytics providers; (iv) marketing and strategic partners; and
(v) social networks. In the previous 12 months, we have disclosed all of the
categories of personal information we collect, explained in the Collection and
Use of Personal Information section above, to third parties for a business
purpose, as described in the What Purposes Does Optimizely Use Your Personal
Information, What Personal Information Does Optimizely Collect, Use and How we
Collect It, and Who May We Share your Personal Information sections in this
Privacy Notice.

Sale Of Personal Information. As further described in the What Purposes Does
Optimizely Use Your Personal Information, What Personal Information Does
Optimizely Collect, Use and How we Collect, and Who May We Share your Personal
Information sections of the Privacy Notice, we may “sell” or “share” your
personal information (as those terms are defined by the CCPA) to third parties,
subject to your right to opt out of those sales or sharing (see the Exercise
Your Right To Opt Out section below). In the last 12 months, we have sold or
shared the following categories of personal information for the purposes
described in our Privacy Notice, subject to your settings and preferences and
your Right to Opt-Out: (i) identifiers, such as your name and email address,
(ii) CA customer categories, such as your name and phone number, and (iii)
commercial information, such as records of services purchased, obtained or
considered. The categories of third parties to whom we may sell or share the
personal information include: (A) business and marketing partners, (B) online
advertising networks and analytics providers, and (C) Social Networks. We may
also disclose personal information to third parties at your direction or upon
your request, in connection with a corporate business transaction, or to comply
with legal or contractual obligations, as described in our Privacy Notice.

Your California Privacy Rights. As a California resident, you may be able to
exercise the following rights in relation to the personal information that we
have collected about you (subject to certain limitations at law): (A) The Right
to Access/Know, (B) The Right to Request Deletion, (C) The Right to Correction,
(D) The Right to Opt-Out of Sales or Sharing of Personal Information, (E) The
Right to Limit Use and Disclosure of Personal Information, (F) The Right to
Control Over Automated Decision-Making / Profiling, (G) The Right to
Non-Retaliation, and (H) to “Shine the Light”. 

Your Right to Access/Know means that you have the right to request any or all of
the following information relating to your personal information we have
collected and disclosed in the last 12 months, upon verification of your
identity: (i) the specific pieces of personal information we have collected
about you; (ii) the categories of personal information we have collected about
you; (iii) the categories of sources of the personal information; (iv) the
categories of personal information that we have disclosed to third parties for a
business purpose, and the categories of recipients to whom this information was
disclosed; (v) the categories of personal information we have sold about you (if
any), and the categories of third parties to whom the information was sold; and
(vi) the business or commercial purposes for collecting or, if applicable,
selling the personal information.

Your Right to Request Deletion means you have the right to request the deletion
of personal information we have collected from you, subject to certain
exceptions.

Your Right to Correction means you have the right to request that any
inaccuracies in your personal information be corrected, taking into account the
nature of the personal information and the purposes of the processing of your
personal information.

Your Right to Opt-Out of Sales or Sharing of Personal Information means you have
the right to direct us not to “sell” your personal information to third parties
for monetary or other valuable consideration, or “share” your personal
information to third parties for cross-context behavioural advertising purposes.
If you are under the age of 16, you have the right to opt in, or to have a
parent or guardian opt in on your behalf, to such sales.
Your Right to Limit Use and Disclosure of Personal Information means you have
the right to direct us to limit the use of your sensitive personal information
to certain purposes, subject to certain exceptions.

Your Right to Control Over Automated Decision-Making / Profiling means you have
the right to direct us not to use automated decision-making or profiling for
certain purposes.

Your Right to Non-Retaliation means you have the right not to receive
retaliatory or discriminatory treatment for exercising these rights. However,
please note that if the exercise of these rights limits our ability to process
personal information (such as in the case of a deletion request), we may no
longer be able to provide you our products and services or engage with you in
the same manner.

Your “Shine the Light” right means that California residents that have an
established business relationship with us have rights to know how their
information is disclosed to third parties for their direct marketing purposes
under California’s “Shine the Light” law, or the right to opt out of such
practices (Civ. Code §1798.83).

　

How To Exercise Your California Privacy Rights. To exercise your Right to
Access, Right to Know, Right to Correction, or your Right to Deletion: please
submit a request by completing our Privacy Rights Request Form. You can also
always contact our Data Protection Officer at DPO@optimizely.com, and the
Privacy Office at privacy@optimizely.com.

Before processing your request, we will need to verify your identity and confirm
you are a resident of the State of California. In order to verify your identity,
we will generally either require the successful authentication of your account,
or the matching of sufficient information you provide us to the information we
maintain about you in our systems. This process may require us to request
additional personal information from you, including, but not limited to, your
email address, phone number, and/or date of last transaction on our Services.

In certain circumstances, we may decline a request to exercise the rights
described above, particularly where we are unable to verify your identity or
locate your information in our systems. If we are unable to comply with all or a
portion of your request, we will explain the reasons for declining to comply
with the request.

Exercise Your Right to Opt-Out of Personal Information Sales or Sharing for
Targeted Advertising. Unless you have exercised your Right to Opt-Out, we may
disclose or “sell” your personal information to third parties for monetary or
other valuable consideration, or “share” your personal information to third
parties for cross-context behavioural advertising purposes. The third parties to
whom we sell or share personal information may use such information for their
own purposes in accordance with their own privacy policies. You do not need to
create an account with us to exercise your Right to Opt-Out. However, we may ask
you to provide additional personal information so that we can properly identify
you to track compliance with your opt-out request. We will only use personal
information provided in an opt-out request to review and comply with the
request. If you choose not to provide this information, we may only be able to
process your request to the extent we are able to identify you in our data
systems. To exercise the Right to Opt-Out of personal information “sales,” you
may submit a request as outlined below Additionally, as is common practice among
companies that operate online, we permit third party advertising networks,
social media companies and other third party businesses to collect and disclose
your personal information (including preferences, geolocation, commercial
information and internet, network and device information) directly from your
browser or device through cookies or tracking technologies when you visit or
interact with our websites, use our apps or otherwise engage with us. These
third parties use this information for the purposes of serving ads that are more
relevant, for ad campaign measurement and analytics, and for fraud detection and
reporting and may sell or share that information to other businesses for
advertising and other purposes. To learn more about how third parties collect
information through tracking technologies and what other choices you may have in
relation to those activities, please see our Cookie Notice. 

To exercise the Right to Opt-Out of the sharing of your personal information for
cross-context behavioural advertising purposes (targeted advertising). You may
submit a request by completing our Privacy Rights Request Form, and you can also
always contact our Data Protection Officer at DPO@optimizely.com, and the
Privacy Office at privacy@optimizely.com.

Authorized Agents. In certain circumstances, you may permit an authorized agent
to submit requests to exercise your California Privacy Rights on your behalf.
The authorized agent must provide a letter signed by you confirming the agent
has permission to submit a request on your behalf or must provide sufficient
evidence to show that the authorized agent has been lawfully vested with power
of attorney. For security purposes, we may need to verify your identity and
confirm directly with you that you have provided the authorized agent permission
to submit the request, and it may take additional time to fulfil agent-submitted
requests. We may deny a request in the event we are not able to verify the
authorized agent’s authority to act on your behalf. Please note that for privacy
and security reasons, we will direct future communications to the data subject
on whose behalf the request was made.

“Shine the Light” Disclosures. The California “Shine the Light” law gives
residents of California the right under certain circumstances to request
information from us regarding the manner in which we share certain categories of
personal information (as defined in the Shine the Light law) with third parties
for their direct marketing purposes. To opt out of this type of sharing, please
submit a request by completing our Privacy Rights Request Form, and you can also
always contact our Data Protection Officer at DPO@optimizely.com, and the
Privacy Office at privacy@optimizely.com.

Notice of Financial Incentives. In addition, we may offer you financial
incentives for the collection, sale, retention, and use of your personal
information as permitted by the CCPA that can, without limitation, result in
reasonably different prices, rates, or quality levels. The material aspects of
any financial incentive will be explained and described in its program terms.
Please note that participating in incentive programs is entirely optional, you
will have to affirmatively opt-in to the program and you can opt-out of each
program (i.e., terminate participation and forgo the ongoing incentives)
prospectively by following the instructions in the applicable program
description and terms. We may add or change incentive programs, and/or their
terms by posting notice on the program descriptions and terms linked to above,
so check them regularly. Each financial incentive or price or service difference
related to the collection and use of personal information is based upon our
reasonable, good-faith determination of the estimated value of such information
to our business, taking into consideration the value of the offer itself and the
anticipated revenue generation that may be realized by rewarding brand loyalty.
We calculate the value of the offer and financial incentive by using the expense
related to the offer.

Minors. We do not sell the personal information and do not have actual knowledge
that we sell the personal information of minors under 16 years of age. Please
contact us at privacy@optimizely.com, to inform us if you, or your minor child,
are under the age of 16. If you are under the age of 18 and you want to remove
your name or comments from our website or publicly displayed content, please
contact us directly at privacy@optimizely.com. We may not be able to modify or
delete your information in all circumstances.

Nevada residents. This Nevada disclosure provide additional information about
how we collect, use, disclose and otherwise process personal information of
individual residents of the State of Nevada, either online or offline, within
the scope of the Chapter 603A of the Nevada Revised Statutes – (“NV
Disclosures”). Unless otherwise expressly stated, all terms in these NV
Disclosures have the same meaning as defined in our Privacy Notice or as
otherwise defined in the Chapter 603A. Chapter 603A of the Nevada Revised
Statutes permits a Nevada resident to opt out of future sales of certain covered
information that a website operator has collected or will collect about the
resident. To opt out of this kind of future sales, please submit a request by
completing our, Privacy Rights Request Form, and you can also always contact our
Data Protection Officer at DPO@optimizely.com, and the Privacy Office at
privacy@optimizely.com.

Colorado, Connecticut, Utah and Virginia residents. In accordance with
applicable privacy law and the jurisdiction in Colorado, Connecticut, Utah and
Virginia, residents of those states may be able to exercise some or all of the
rights as detailed under the CA Disclosures in respect of your personal
information that we have collected (subject to certain limitations at law).

________________________________________________

Where Optimizely may be subject to privacy requirements in Australia, the
following also applies.

Australian residents. These additional disclosures for Australian residents
(“Australian Disclosures”) supplement the information contained in our Privacy
Notice and applies solely to individuals lawfully resident in Australia
(“you”). These Australian Disclosures provide additional information about how
we collect, use, disclose and otherwise process personal information of
individuals in Australia, either online or offline, within the
Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (“APPs”)
found in Schedule 1 of the Privacy Act. Unless otherwise expressly stated, all
terms in these Australian Disclosures have the same meaning as defined in
our Privacy Notice or as otherwise defined in the Privacy Act. When we use the
term “personal information” in this Australian Disclosures notice, we mean
information or an opinion about an identified individual or an individual who is
reasonably identifiable, whether the information or opinion: (i) is true or not;
and (ii) is recorded in a material form or not. 

How We Collect Your Australian Personal Information. The various ways in which
your personal information is collected are described in the main Privacy Notice.
We may also collect your personal information if we record any phone calls or
video calls (with your permission) between you and Optimizely. 

Overseas Transfers From Australian Of Your Personal Information. Your personal
information may be transferred to and stored in locations outside Australia
where we and our third-party service providers have operations, including in the
United States, where Optimizely North America Inc. is located, United Kingdom,
where Optimizely Ltd is located, and Sweden, where Optimizely AB is located. In
the event of a transfer by Optimizely to a location outside Australia, we ensure
that: (i) personal information is transferred to countries recognised as having
an equivalent level of privacy protection to Australia; or (ii) the transfer is
made pursuant to appropriate safeguards, such as contractual obligations. 

Storing Your Australian Personal Information. We implement appropriate technical
and organizational measures to protect your personal information against
accidental or unlawful destruction, loss, change or damage. All personal
information we collect will be stored by our cloud hosting provider on secure
servers. We will never send you unsolicited emails or contact you by phone
requesting credit or debit card information.

YOUR AUSTRALIAN PRIVACY RIGHTS. You have various rights under the APPs.

You have the right to request access to and/or the correction of your personal
information held by Optimizely. You can exercise these rights by contacting our
Privacy Office at privacy@optimizely.com. We will respond to your request within
a reasonable time. If your request is refused, you will be provided with written
reasons for the refusal and information about the mechanisms you can use to
complain about the refusal. 

To exercise your right to access, right to know, right to correction, or your
right to deletion: please submit a request by completing our Privacy Rights
Request Form.

You have the right to make a privacy complaint to our Privacy Office at
privacy@optimizely.com. Our Privacy Office will first consider your complaint to
determine whether there are simple or immediate steps which can be taken to
resolve the complaint. Our Privacy Office will endeavour to complete the
investigation into your complaint promptly. You may be asked to provide further
information about your complaint and the outcome you are seeking. Our Privacy
Office will then typically gather relevant facts, locate and review relevant
documents, and speak with individuals involved. In most cases, our Privacy
Office will investigate and provide a written response to your complaint within
30 days of receipt of the complaint. If the matter is more complex or the
investigation may take longer, our Privacy Office will let you know.If you are
not satisfied with Optimizely’s response to your complaint, a complaint may be
made to the Office of the Australian Information Commissioner (“OAIC”). The OAIC
can be contacted by telephone on 1300 363 992 or by using the contact details on
the website www.oaic.gov.au.




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