(Cookie Policy)
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Privacy Policy
Ogaki, LLC (“OGAKI,” “Company,” “we,” “our,” or “us”) provides this Privacy Policy to explain our practices regarding information collection and usage of Personal Information (defined below) on our website, www.ogakidigital.com, (the “Website”), and any communications or services we provide that link to this Privacy Policy (collectively, our “Services”). This Privacy Policy also provides region specific disclosures as described more fully under Additional EU & UK Disclosures below.
With respect to the information that our clients and their third-party service providers collect from you outside of our Services (“Service Data”), we process such information as a service provider on behalf of our clients in order to provide them with our Services. Our clients are the businesses that control the use of the Service Data and determine the purposes for which we process such information. To learn more about our clients’ use of your information and your rights that you may have over such information, please consult the privacy policy of the applicable company or publisher.
When we use the term “Personal Information” in this Privacy Policy, we mean information that relates to you as an identifiable person.
We collect Personal Information from users of our Website and Services when it is voluntarily provided to us and use such information for the purposes disclosed in Information We Collect Directly From You.
We automatically collect information from users of our Website and Services for analytical purposes (see Information We Collect From You Automatically).
We may obtain Service Data from our clients and their third-party service providers, which we process on behalf of our clients in accordance with our contracts with them.
We share information we collect from you as described in this Privacy Policy, including with service providers.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information. If you do not agree with our policies and practices, you should not use the Website or the Services. By accessing or using the Website or Services, you agree to this Privacy Policy. If you have questions, you can always contact us using the information in the section below titled Contact.
We may collect information, including Personal Information, when you provide such information to us directly, such as when you send us an email, sign up for our newsletter, or otherwise interact with us on the Website. Your provision of your Personal Information to us is completely voluntary. “Personal Information” is information that specifically identifies you. Categories of Personal Information we may collect directly from you include identity data (e.g., name or other similar identifiers) and contact data (e.g. address, email address, telephone number). We may also collect other information that you directly provide us, including marketing and communications data (e.g., your preferences in receiving marketing from us).
OGAKI and our third-party service providers may also automatically collect information from you when you visit our Website and use our Services through cookies and other tracking technologies. Such information may include:
Cookies and Similar Technology - We may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, pixels, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Website or our other Services. Cookies are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, without limitation, the address of the websites you visited before and after you visited the Website, the type of browser you are using, your Internet Protocol (IP) address, what pages on the Website you visit and what links you clicked on, the region where your device is located, and geo-IP data. We may use cookies to customize your visit to the Website and for other purposes to make your visit more convenient or to enable us to enhance our Services.
Clickstream - As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server. Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Website. We may collect and use clickstream data as a form of aggregate information to determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website, and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Website and our Services.
Analytics - We may work with third-party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Website and other Services.
How to Control Cookies
You can review your Internet browser settings, typically under the sections “Help” or “Internet Options,” to exercise choices you have for certain cookies. If you disable or delete certain cookies in your settings, you may not be able to use features of the Online Services.
To learn more about the use of cookies by Google for analytics and to exercise choice regarding those cookies, please visit the Google Analytics Opt-out Browser Add-on.
To learn more about certain third-party cookies used for interest-based advertising, including through cross-device tracking, and to exercise certain choices regarding such cookies, please visit the Digital Advertising Alliance, Network Advertising Initiative, Digital Advertising Alliance-Canada, European Interactive Digital Advertising Alliance or your device settings if you have the DAA or other mobile app.
The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt-out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will just not be based on your interests.
We use Personal Information and other information as described herein including for the following purposes:
To contact you about and provide you and our clients with our Services;
To operate the Website and to provide you with any specific services that you have requested;
To deliver content and product and service offerings relevant to your interests;
To provide you advertising for products and services that may be of interest to you;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and fulfillment;
To help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and business;
For internal research; for technological development and demonstration; and to improve, upgrade, or enhance our Website and Services;
For detecting security incidents; protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity;
To investigate suspected fraud, harassment, or other violations of any law, rule, or regulation, or the policies for the Website;
As required by law or legal process;
To respond to your direct inquiries;
To add you to our mailing lists and send you emails from time to time; and
For any additional purposes that you specifically consent to.
As noted above, with respect to Service Data, we use that information to provide Services to our clients. We reserve the right to supplement your Personal Information with information we gather from other sources which may include information we gather from online and offline sources.
As noted above, we may aggregate and/or de-identify Personal Information so that the information does not directly identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area. In some instances, we may combine such information with Personal Information, but in that case, the combined information will be treated by us as Personal Information consistent with this Privacy Policy.
Besides using your Personal Information ourselves, we may disclose your Personal Information and other information to other companies, affiliates, and third parties in the following instances:
Service Providers. We may disclose your Personal Information to third parties who use your information to provide us services such as website hosting, data analysis, infrastructure provision, information technology services, customer service, e-mail delivery services, auditing, and anti-fraud monitoring. These third parties may have access to Personal Information that is necessary to perform their functions, and they are only permitted to access such information in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
Legal Compliance and to Defend Our Rights. We may disclose Personal Information (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Business Transfers. We may disclose your Personal Information and other information to third parties in connection with a corporate restructuring, acquisition, or divestiture; bankruptcy; or other corporate transaction.
Aggregated or De-Identified Information. We may share aggregated information or information that has been de-identified in accordance with law with unaffiliated third-party service providers, such as business partners, manufacturers, distributors, and retailers.
Please note that if you specifically consent to additional disclosures of your Personal Information, we may disclose your Personal Information in a manner consistent with that consent.
We attempt to provide for the secure transmission of your information from your devices to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and OGAKI, or information stored on the Website, our Services, or our servers, will be free from unauthorized access by third parties such as hackers, and your use of the Website or Services demonstrates your assumption of this risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us at privacy@ogakidigital.com.
We will retain your information for as long as your account or inquiry is active or as needed to provide you with the Website or Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use information that is aggregated or de-identified such that it no longer constitutes Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.
Our Website and Services are intended for ages 18 and over. We do not knowingly collect Personal Information from minors. If you believe we might have any Personal Information from or about a child under 18, please contact us at privacy@ogakidigital.com, and we will make reasonable efforts to delete such information.
As a convenience to you, we may provide links to third-party websites, apps, or services from within the Website or Services. We are not responsible for the privacy practices or content of these third-party sites, and by providing a link we are not endorsing or promoting such third-party sites. When you navigate away from our Website or Services, you do so at your own risk. We encourage you to read the policies and terms of every website, app, or service you visit.
The Website or Services may integrate with social networking services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website or Services, we are doing so merely as a convenience and, like you, are relying upon those third-party services to operate properly and fairly.
You should be aware that Personal Information which you voluntarily include and transmit online in a publicly-accessible blog, social network, or otherwise online may be viewed and used by others. We are unable to control such uses of your Personal Information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
To opt out of any future promotional messages from us, you may send an unsubscribe request to us at privacy@ogakidigital.com. We will process your request within a reasonable time after receipt and as required by law. Please note that if you opt out in this manner, certain aspects of the Services may no longer be available to you.
If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to the instructions provided in the Information We Collect Automatically section above. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Website or some of its functionality may be affected.
Please note that, unless required by law, we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.
Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties. To request the above information, please contact us by email at privacy@ogakidigital.com. If you do not want your personal information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at privacy@ogakidigital.com.
IF YOU ARE SITUATED IN THE UNITED KINGDOM OR THE EUROPEAN ECONOMIC AREA, THIS SECTION APPLIES TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
Legal Basis:
We will only use your personal data, as that term is defined under the General Data Protection Regulation and the UK Data Protection Act 2018 (together, the “GDPR”), when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. For additional information about our legitimate interests, refer to How We Use Your Information above.
Where you have consented to a certain use of your personal data where we expressly request such consent.
Where we need to comply with a legal or regulatory obligation.
Data controller:
OGAKI is the data controller of all personal data collected through our Website. To contact us, please see the section titled Contact.
If you are situated in the UK or EU and have any complaints regarding our privacy practices, you have the right to make a complaint at any time to your local supervisory authority. We would, however, appreciate the opportunity to address your concerns before you approach your supervisory authority, so please contact us in the first instance. Our privacy manager can be contacted at privacy@ogakidigital.com.
Data processor:
In some cases, we act as a processor on behalf of our business customers who use our services, and our business customers act as data controllers for such data. As data controllers, our business customers are responsible for disclosing the rights of data subjects with respect to their personal data and other information regarding the collection and use of that personal data, in accordance with GDPR and other applicable laws requiring such disclosures. If you wish to exercise any of your rights in regard to such information under the GDPR, please contact the relevant business that acts as the data controller of your personal data.
Withdrawing your consent:
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time and may do so by contacting us at privacy@ogakidigital.com.
Data Transfer:
We may transfer personal data from the EU and the UK to the USA and other countries, some of which have not been determined by the European Commission or the UK Information Commissioner’s Office (“ICO”) to have an adequate level of data protection. In such cases, we have adopted suitable safeguards such as standard contractual clauses approved by the European Commission and the ICO. For more information about how we transfer your data or to request a copy of our standard contractual clauses, please contact us at privacy@ogakidigital.com.
Data Subject Rights:
If you are a situated in the EU or UK, under the GDPR, as a data subject, you have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data in a number of circumstances where required by law, including where we no longer require the personal data for the purposes for which it was collected, you have withdrawn consent, or where we are relying on legitimate interests as a legal basis and your rights override our legitimate interests. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and something about your particular situation makes you feel the processing impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal data 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 data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Data Portability of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data 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 data. 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.
To exercise your rights under the GDPR, please contact us at privacy@ogakidigital.com. Please note that in order for you to assert these rights, we may need to verify your identity to confirm your right to access your personal data. We will typically identify you by matching information we already have on file. For more sensitive information, in order to verify your identity, we may need to gather more personal data from you than we currently have. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying with the request. In addition, we may not always be able to comply with your request for specific legal reasons which will be notified to you, if applicable, at the time of your request.
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time, provided that any such modifications will only be applied prospectively. Your continued use of the Website or Services following the posting of any changes to this policy means you accept such changes. We encourage you to check this policy periodically for updates.
For questions or concerns relating to privacy, we can be contacted at: privacy@ogakidigital.com.
Our Website is maintained in the United States of America. If you are located outside the U.S., by using the Website, you authorize the export of your information to the U.S. and its storage and use as specified in this policy. If you have any questions about the transfer of your data to the U.S., please contact us at privacy@ogakidigital.com.