Privacy Policy

OUR PRIVACY AND PERSONAL INFORMATION ARE IMPORTANT TO US.

INFORMATION WE COLLECT

We care about how your information is collected, used, stored, and protected and we appreciate your interest in it. We collect user profiles which are limited to Name, Phone Number and Email Address for the sole purpose of creating your secure login account for your Privacy Lock app. Your data WILL NOT BE SHARED or SOLD to any 3rd parties at all. We only use your profile information as part of our general business operations, to provide services, respond to requests, offer customer support, and to fulfill legal and contractual obligations. How you interact with us will dictate the types of information we collect from or about you. 

INFORMATION ABOUT YOUR TRANSACTIONS WITH US

In the event that you make a payment directly to us, we collect your payment and use information, such as the date, type, amount, and category of any payment. Additionally, when you provide financial, credit or debit card payment information, we collect relevant data for processing payment, such as your name, billing address, checking account number/card number, and expiration date. 

INFORMATION AUTOMATICALLY COLLECTED FROM YOU:

For the sake of clarity, we will not collect any information when you visit our website or App. 

HOW WE DISCLOSE INFORMATION WE COLLECT

We DO NOT SELL or otherwise MONETIZE your Personal Information.

INFORMATION STORAGE AND RETENTION 

We process and store your login profile data in the United States for processing, back-up and recovery purposes. If you live outside of the United States, you understand and agree that we may transfer your Personal Information to the United States. Our Website and App operations are subject to United States laws, which may not afford the same level of protection as those in your country. We will retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 

SOCIAL MEDIA SHARING

The App may offer social sharing features or other integrated tools, which lets you only share information you provide via the App with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. The fact that we link to or provide integrated tools for sharing with social media sites is not an endorsement, authorization, or representation of our affiliation with that social media site, nor is it an endorsement of their privacy or information security policies or practices. The collection or processing of your information as a result of any social sharing is governed by the agreements and privacy policies of such other social platforms, not us, and you should review and approve your information, rights and preferences with such other platform(s).

A NOTE TO PARENTS

We recognize the importance of protecting the privacy of children. Our App only collects user profile information for the creation of the account. We do not purposefully or knowingly solicit or collect any information – including Personal Information – from children under the age of 13. We expect all information provided by online users to be truthful and correct regarding age. If a parent or guardian becomes aware that a child under 13 has provided us with Personal Information, the parent or guardian should contact us, and we will delete such information from our files within a reasonable time. • Website: Website:www.ocuxapp.com  • 28881 Westport Way, Laguna Niguel, CA92677 • Phone: (949) 5400-0640 REVIEW OR REQUEST CHANGES TO YOUR PERSONAL INFORMATION We take reasonable steps to ensure that all Personal Information we collect is maintained as submitted by you to us, so that our records reflect your information for its intended purposes, which may include customer correspondence, compliance and legal considerations, auditing, security and fraud prevention, and preserving or defending our rights. To update, correct and/or request to remove your Personal Information, we will make reasonable efforts to incorporate the changes to your information that we hold as soon as practicable. You may cancel or modify any communications you have elected to receive, such as emails, newsletters, etc., by following the unsubscribe instructions contained within the applicable communication medium. We will retain your Personal Information only for as long as it is necessary for the purposes identified in this Privacy Policy or as authorized by applicable law. ABOUT THE PRIVACY POLICY AND HOW WE WILL NOTIFY YOU OF ANY MATERIAL CHANGES TO IT.

Our Privacy Policy may be accessed on the homepage of the Website, in the menu of our App, or by email upon request. We reserve the right to modify the Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you by means of a notice posted on the homepage of the Website, via email or mail, as available, or any combination thereof. Information, and how we will notify you of changes to the Privacy Policy along with the effective date.

NON-UNITED STATES DATA PROTECTION LAWS Our Services are intended for use by individuals located around the globe. If you are a user located outside of the United States, you understand and consent to having any information processed in the United States. United States data protection and other relevant laws may not be the same as those in your jurisdiction. For the sake of clarity we do not use cookies and other tracking technologies as described above. As a result, please read this Privacy Policy with care. Rights of EU Data Subjects The European Union (EU) data protection law known as the General Data Protection Regulation (GDPR) give individuals in the EU more control over their Personal Information and regulate businesses that store Personal Information. If the processing of your Personal Information is subject to the GDPR, whenever we use or share your Personal Information, we ensure that we have identified a legal basis under which such processing may occur. As described in more detail in the How We Use the Information We Collect section above, when we use your Personal Information in connection with a request, order, transaction, or to provide you with services that you requested (such as the use of the Website or App or to register for events), we do this because it is necessary for the performance of an agreement with you. Furthermore, to the extent the GDPR is implicated, where we use your Personal Information in relation to improvement, development, or marketing of our products or services, for reasons of safety and security, or to satisfy regulatory requirements, other than in connection with our agreement or request, we do this on the basis of our (or a third party’s) legitimate interests or with your consent, as required. If you are an EU data subject and if your use of our Website or App is governed by the GDPR, subject to the local and legal and regulatory requirements of the United States, you have the right to: • Request access to your Personal Information (commonly known as a “data subject access request”). • Request correction of the Personal Information that we hold about you (though we may need to verify the accuracy of the new data you provide to us). • Request erasure of your Personal Information: o Where there is no good reason for us continuing to process it or where you have successfully exercised your right to object to processing (see below). o Where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. o Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which you will be notified of, if applicable, at the time of your request. • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. • Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: o (a) if you want us to establish the data’s accuracy; o (b) where our use of the data is unlawful but you do not want us to erase it; o (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or o (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. • Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. • Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent. You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances. In order to exercise your rights under the GDPR, please contact us using the information provided in the How to Contact Us section below. Please put the statement “GDPR Privacy Rights” in the subject line of your request and include your name, country or region, and enough information to allow us to respond to your request in the body of your email. and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within a reasonable time period, generally one month, depending on the complexity of the request. For our users located in the European Union or the European Economic Area, if you feel that, after reaching out to us with your question or concerns, you have not received a satisfactory response, you have the option to contact your country’s Data Protection Authority (“DPA”) or similar regulatory body. To find contact information for your country’s DPA or similar body, please refer to the list provided on the website of the European Commission. CONTACT US If we need to contact you, we will do so by any available method, including email or by postal mail sent to the information provided by you. You must notify us if you change your email address or other contact information. • Website:www.ocuxapp.com • 28881 Westport Way, Laguna Niguel, CA92677 • Phone: (949) 5400-0640 GLOSSARY Aggregate Data: Aggregate Data is information that relates to a group or category of individuals, from which individual identities have been removed, that is not linked or reasonably linkable to any individual, including via a device. 

Personal Information: As used in this policy, Personal Information means any information that relates directly or indirectly related to an identified or identifiable individual. Personal Information does not include Anonymous or Aggregate Data (as defined above). (Please note that this definition is provided solely for purposes of giving notice to individuals of the information that we may collect. It is not an admission that the information actually constitutes Personal Information for any other purpose or under any particular law.)

YOUR PRIVACY AND PERSONAL INFORMATION ARE IMPORTANT TO US.

Congratulations on acquiring the latest OcuX Application iOS/Android mobile software application. 

Use of the App for any other purpose, including reproduction, modification, distribution, transmission, republication or display, is strictly prohibited. All content accessible via the App, including all logos, maps, text, images, audio, video, feeds, databases and software, as well as the collection, arrangement, assembly and presentation of the App’s visual components, are the sole and exclusive property of OcuX LLC or its affiliated content suppliers and are protected by copyright laws. You may not use the OcuX  logo, map or any other content from the App without express written permission in advance from OcuX LLC.

You acknowledge and agree that the OcuX  Marks may not be used in connection with any product or service that is not OcuX  in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OcuX . Other products, services or company names used on the App may be trademarks of their respective owners.

You further acknowledge and agree that OcuX , or its third party affiliates or content suppliers, own all right, title and interest in and to the App and all content accessed via the App. You shall not acquire any right, title or interest to the App or content contained or provided therein.

ALLOWABLE USE TERMS:

The rights granted to you under these Terms are limited to accessing and displaying or otherwise making available the App. The App, its content and the services provided therein are available as a resource for your personal, non-commercial use, and may not be used as a part of any advertisement, promotion or other commercial endeavor. You shall not change, tamper, dismantle, augment, misrepresent, modify, reproduce, redistribute, or frame any of the content contained on the App, or received via the use of the App, without the express, advanced, written consent of OcuX LLC and any relevant third party. You shall not use the App in any way that causes detriment to OcuX LLC or brings OcuX LLC into disrepute. You shall not represent yourself as OcuX LLC or an agent or partner of OcuX LLC or make any representations, warranties or guarantees to third parties with respect to the App. You agree to comply with all applicable laws and regulatory requirements in relation to your receipt and use of the App. You shall not have any rights to assign, transfer or convey this agreement to any third party.

DISCLAIMER:

The information contained in the App is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY WAIVED.

OcuX LLC, its members, Directors, agents and employees, will not be liable for any loss or damages of any kind arising from the use of, or inability to use, the App, its content or its services, including, but not limited to, direct, indirect, incidental, compensatory, punitive, special, consequential or exemplary damages, lost profits, lost sales or business, anticipated revenue, interest, expenditures, investments or commitments in connection with any business, loss of goodwill, loss of use, or other such claims arising from any causes whatsoever, irrespective of whether OcuX LLC had been informed of, knew of, or should have known of the likelihood of such damages, claims or losses. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. You agree to bear the entire risk as to quality, accuracy or performance of the App, its content and its services.

You further expressly agree to indemnify and hold OcuX LLC and its members employees, directors, officers, agents, assigns, affiliates and/or content providers harmless from and against any and all liability and expenses, including reasonable defense costs and legal fees, caused by your use of the App or its services, or the dissemination and/or possession of any content you received via your use of the App.

NOTICE FOR CALIFORNIA USERS:

Under California Civil Code Section 1789.3, California users of the App are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. The App is operated by the OcuX LLC, 1243 Mayanna Dr, Woodburn, OR 97071, (971) 444-5601.

TERMINATION:

OcuX LLC shall have the right in its sole discretion to terminate your access to and use of the App if you are found to have used the App in a manner inconsistent with these Terms. In addition, OcuX LLC may change, suspend or discontinue all or any aspect of the App, including its availability, at any time, and may suspend or terminate your use of the App at any time and for any reason.

GOVERNING LAW:

The App is created and controlled by OcuX LLC in the State of Oregon, USA. As such, the laws of the State of Oregon shall govern all matters arising from or relating to the use and operation of the App and interpretation of the terms and conditions contained herein, without giving effect to any conflicts of laws principles. In any dispute, venue and jurisdiction shall reside in Marion County, Oregon.

MISCELLANEOUS:

Failure by OcuX LLC to insist upon strict performance of any part of these Terms, or delay in or failure to exercise any rights or remedies to which it is entitled, shall not constitute a waiver of such right or remedies, nor shall termination of these Terms by OcuX LLC operate as a waiver of any of its terms. Any express waiver of any breach of these Terms by OcuX LLC does not constitute a waiver of any subsequent breach of these Terms. Waivers shall only be valid if recorded in writing and signed by OcuX LLC.

If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect as if these Terms had been executed without the invalid, illegal or unenforceable provision.

The provisions of the Warranty and Disclaimer section above, including, without limitation, all provisions pertaining to liability and indemnity, as well as any other paragraphs that are necessary to give effect to that section, shall survive the termination of these Terms.

ENTIRE AGREEMENT:

These Terms, and all documents referred to herein constitute the entire agreement between you and OcuX LLC and govern your use of the App, superseding any prior agreements between you and OcuX LLC governing your use of the App.