ORC – Website Privacy Notice

Last updated October, 2023

PRIVACY NOTICE

This Privacy Notice describes the information collection, use, retention and sharing practices of O.R. Colan Associates, LLC (“ORC”, “we”, “us”, “our”) and its affiliates and subsidiaries when you interact with us through our website, www.orcolan.com (the “Website”), or other digital products on which this Privacy Notice appears (collectively, the “Services”).

PERSONAL INFORMATION WE COLLECT, WHY AND FOR HOW LONG

We collect personal information, which is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you, when you:

  • Contact us via the Website. When you contact us through the Website, for example, to submit questions regarding our technology solutions, we collect, from you, your personal identifiers (first and last name, email address, and telephone number). We use this personal information to respond to your questions or inquiries, troubleshoot where necessary, and address any issues you have with the Services.
  • Submit a referral to our ORC Referral Program. When you submit a referral to our ORC Referral Program, we collect, from you, your personal identifiers (first and last name, email address, and telephone number) and the personal identifiers (first and last name, email address, and telephone number) of your referral along with their professional or employed-related information (resume). We use this personal information to assess and manage referrals, and, in the event of successful placement of your referral, pay to you the $500 referral payment. For more information on how we handle applicant personal information, please see our Applicant Privacy Notice.
  • Apply for employment. When you apply for employment with ORC on our Website, we collect, from you, your personal identifiers (first and last name, email address, telephone number, physical address) and your professional or employment-related information (resume and cover letter), and any additional information you choose to include in your application. We use this personal information to assess and manage your application and to communicate with you about your application. For more information on how we handle applicant personal information, please see our Applicant Privacy Notice.
  • Interact with us at in-person promotional events. When you interact with us at in-person promotional events (e.g., trade shows, etc.), we may collect, from you, your personal identifiers (first and last name, email address, and telephone number). We use this information to communicate with you after the event and to send you additional information, if requested.
  • Interact with us on social media. When you interact with our fan page on social networking websites, such as Facebook, Twitter, and LinkedIn (each a “Fan Page”) (collectively “Fan Pages”), we collect basic engagement metrics and use it to tailor content and marketing and use it to improve user experience as set forth in this section. Please note that we do not control the use or storage of the information that you have posted to any social networking websites. This information is collected and processed by the social networking websites for their own purposes, including marketing. For more information on how Facebook, Twitter, and LinkedIn use your personal information, please see Facebook’s Privacy Policy, Twitter’s Privacy Policy, and LinkedIn’s Privacy Policy.
    • Fan Pages. When interacting with our Fan Pages, we collect, from you, your personal identifiers (first and last name and profile picture) as well as any information that you provide when interacting with our Fan Pages (e.g. commenting, sharing and rating). We use this information to advertise our products, for events and invitations, and to communicate with users via the contribution and comment function. Because our Fan Pages are publicly accessible, when you use them to interact with other users, for example by posting, leaving comments or liking or sharing posts, any personal information that you post in them or provide when registering can be viewed by others or used by them as they see fit. The content posted on our Fan Pages or other public areas of social networking websites can be deleted in the same way as other content that you have created. If at any time you want content posted to be deleted, please contact us here.
    • Community Management. With the help of a third party, we collect, from you, your contact, including “likes”, shares, messages and other interactions with the content, in order to analyze and evaluate how our content is perceived, to learn from it, and to improve our public relations efforts. We use this information to create advertisements that match our Fan Page and to disseminate them via Facebook based on demographic data.
    • Facebook Messenger. When using Facebook messenger, Facebook collects, automatically, your internet or other electronic network activity information (IP address, date and time of the server request, time zone, specific browser or app function, access status, amount of data transferred, browser or app from which the Request comes, device type, operating system used, and its interface (e.g. Android or IOS), language, version of the operating system, and device identifiers). We do not use this information; its use is governed by Facebook’s Privacy Policy. At events for which you have registered, photos and video recordings may be made (possibly by a photographer commissioned by us), in which you may also be shown. If you are the central subject of a recording, the photographer will ask you before the recording/taking the photo whether you agree and consent. We use the photos for our public relations and marketing on our various media/digital media outlets.
    • Facebook Page Insights. When you visit our Facebook Fan Page, Facebook records your IP address and other information about your usage behavior on our Facebook Fan Page. Facebook collects, through trackers in the browser of your device or via the advertising ID (IDFA from Apple or GAID from Google), when you open the Facebook app through your mobile device (e.g. smartphone or tablet). Facebook uses this information to create statistical evaluations for Us of the use of the Fan Page. We receive this information, from Facebook, in the form of aggregated data and anonymous statistics regarding things like: age, gender, city/country, device, inquiries from fans about other Facebook fan pages, region and language settings of the users, proportion of men and women, the number of people reached, clicks on posts, “Likes” and reactions, comments and shared content, and total video views. We do not collect or process any other personal data in connection with the page insights. We do not retain this information independently. For information on data protection and the storage period on Facebook in relation to the “Page Insights” function see here and Facebook’s Privacy Policy. It has been contractually agreed with Facebook that Facebook is responsible for providing you with information about the processing for Page Insights.
    • Information Processed Solely by Facebook. We do not know how Facebook uses personal information for its own purposes, how long the personal information is stored on Facebook or whether Facebook data is passed on to third parties. If you are currently logged in to Facebook as a user, Facebook automatically collects, through trackers on your device, your Facebook ID or a link between the Facebook ID and the advertising ID (IDFA from Apple or GAID from Google) when you open the Facebook app through your mobile device (e.g. smartphone or tablet). This enables Facebook to understand that you have visited our Facebook Fan Page along with other Facebook pages that you have clicked on, whether you clicked on Facebook buttons integrated into websites that partner with Facebook, and other online interactions that report user data to Facebook. Based on this data, content or advertising tailored to you can be offered. You can find more information about the personal information collected by Facebook, how it is used and how long it is stored by visiting Facebook’s Privacy Policy.
    • Aggregate data. We aggregate the data we collect for benchmarking purposes and for internal analytics.
    • Interact with the Services. In addition to the personal information you provide directly to us, we also collect information from you automatically as you use our Services via cookies and similar tracking technologies. This includes the following internet or other electronic network activity information. We use essential, performance, marketing, and analytics cookies to collect your usage, device, and location information when you interact with the Services. We use this information to: (i) track you within the Services; (ii) enhance user experience; (iii) conduct analytics to improve the Services; (iv) prevent fraudulent use of the Services; and (v) diagnose and repair Services errors, and, in cases of abuse, track and mitigate the abuse. You can manage your cookie preference by visiting Do Not Sell or Share My Personal Information. Particular third-party cookies to note on our Website include: Google Analytics. In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these trackers, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use.
    • Google Analytics. We use Google Analytics to collect information on your use of the Services for its improvement. To collect this information, Google Analytics installs cookies on your browser or reads cookies that are already there. Google Analytics also receives information about you from applications you have downloaded that partner with Google. We do not combine the information collected through Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Website or to another application which partners with Google is restricted by the Google Analytics Terms of Use and Privacy Policy. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on, which can be accessed here. To opt out of the sale or sharing through cookies, please visit Do Not Sell or Share My Personal Information.

ORC will also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION.

We retain personal information for purposes of compliance with our legal obligations, exercising or defending legal claims, and meeting our safety and security commitments.

HOW WE SHARE YOUR PERSONAL INFORMATION

A. General Sharing

ORC shares personal information in the following instances:

  • In the event of a corporate reorganization. In the event that we enter into, or intend to enter into, a transaction that alters the structure of our business, such as a reorganization, merger, acquisition, sale, joint venture, assignment, consolidation, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we would share personal information with third parties, including the buyer or target (and their agents and advisors) for the purpose of facilitating and completing the transaction. We will also share personal information with third parties if we undergo bankruptcy or liquidation, in the course of such proceedings.
  • For legal purposes. We share your personal information where we are legally required to do so, such as in response to court orders, governmental/regulatory bodies, law enforcement or legal process, including for national security purposes. We may share your information with our legal advisors or auditors to establish, protect, or exercise our legal rights or as required to enforce our terms of service or other contracts or to defend against legal claims or demands. We also share this information with third parties as necessary to: detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person; to comply with the requirements of any applicable law; or to comply with our legal obligations.

B. Sharing in the Last Twelve (12) Months

For a business purpose. In the preceding twelve (12) months, ORC has disclosed the following categories of personal information for a business purpose to the following categories of third parties:

  • We have disclosed your internet or other electronic network activity information related to Services to our IT support to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and repair the Website and platform errors.
  • We have disclosed your internet or other electronic network activity information related to Services to our IT support to update, improve, and maintain the Website and platform.

C. Sale of Personal Information

In the preceding twelve (12) months, ORC has shared your internet or other electronic network activity information collected via cookies and other tracking technologies with our data analytics providers described in PERSONAL INFORMATION WE COLLECT, WHY AND FOR HOW LONG. Such sharing may be deemed a sale under the CCPA (“California Consumer Privacy Act”) or sharing under the CPRA. To opt out of this sale or sharing, please visit Do Not Sell or Share My Personal Information.

YOUR INFORMATION CHOICES

You have the following choices with respect to your personal information:

  • Correct or View Your Information. You may access your account to correct or view certain personal information you have provided to us and which is associated with your account.
  • Opt Out of Google Analytics. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser, which can be accessed here.
  • Opt Out of Advertising Cookies. To set your cookie preferences or opt out of the sale or sharing of your information via cookies, please visit Do Not Sell or Share My Personal Information. All session cookies are temporary and expire after you close your web browser. Persistent cookies can be removed by following your web browser’s directions. To find out how to see what cookies have been set on your computer or device, and how to reject and delete the cookies, please visit: https://www.aboutcookies.org/. Please note that each web browser is different. To find information relating to your browser, visit the browser developer’s website and mobile application. If you reset your web browser to refuse all cookies or to indicate when a cookie is being sent, some features of our website may not function properly. If you choose to opt out, we will place an “opt-out cookie” on your device. The “opt-out cookie” is browser specific and device specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for essential cookies. If the cookie is removed or deleted, if you upgrade your browser or if you visit us from a different computer, you will need to return and update your preferences. By clicking on the “Opt-Out” links below, you will be directed to the respective third-party website where your computer will be scanned to determine who maintains cookies on you. At that time, you can either choose to opt out of all targeted advertising or you can choose to opt out of targeted advertising by selecting individual companies who maintain a cookie on your machine.

RIGHTS OF CALIFORNIA RESIDENTS

The California Privacy Rights Act (“CPRA”) entitles California residents to certain rights. To the extent the CPRA applies to our processing of your personal information, you are entitled to the following rights:

  • Right to Access/Know. You have the right to request what personal information we have collected, used, disclosed, and sold about you, unless doing so proves impossible or would involve disproportionate effort. You may only make a request for access twice within a 12-month period.
  • Right to Deletion. You have the right to request the deletion of your personal information that we collect or maintain, subject to certain exceptions. For example, if we are required by law to retain the information that you are asking be deleted, we would not be able to delete the information until we are legally permitted to delete it.
  • Right to Opt Out of Sale/Sharing. You have the right to opt out of the sale or sharing of your personal information to third parties. ORC does not have actual knowledge that it sells or shares personal information of minors under the age of sixteen (16) years. We only sell or share personal information under CPRA via cookies. Our use of third-party cookies may be deemed a sale or sharing under the CCPA/CPRA. To opt out of the sale or sharing of your personal information through cookies, please visit Do Not Sell or Share My Personal Information.
  • Right to Non-Discrimination. You have the right to not receive discriminatory treatment if and when you exercise your rights to access, delete, opt out, correct, or limit use of sensitive personal information under the CPRA.
  • Right to Correct. You have the right to correct inaccurate personal information that we collect or maintain.
  • Right to Limit Use of Sensitive Personal Information. You have the right to limit the use of your sensitive personal information when such use goes beyond that which is necessary for providing the Services or certain other permissible purposes like fraud, customer service or quality control. Sensitive information includes Social Security number, driver’s license number, biometric information, precise geolocation, and racial and ethnic origin. ORC does not use sensitive information collected through the Services in this manner.

To exercise your right to know, access or delete your personal information, you may submit a request via our Contact Us page, or by calling us toll-free at 704-529-3115. To opt out of the sale or sharing of your personal information via cookies, please visit Do Not Sell or Share My Personal Information. To opt out of the sale of your personal information for marketing purposes, you may submit a request via our Contact Us page, or by calling us toll-free at 704-529-3115. When submitting your request, please describe the nature of your request and the nature of our relationship with you.

For requests submitted via telephone, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. In doing so, we will take steps to verify your request by matching information provided by you with the information we have in our records. If we are not able to verify your identity for access and deletion requests with the information provided, we may ask you for additional pieces of information.

Only you, or a person that you authorize to act on your behalf may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual.

DO NOT TRACK

We do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

INFORMATION SECURITY

We implement and maintain reasonable security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you.

CHILDREN’S PRIVACY

The Services are not intended for individuals under the age of eighteen (18) years. If we learn that we have collected or received personal information from individuals under the age of eighteen (18), we will delete the personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided below.

CHANGES TO THIS PRIVACY NOTICE

We may amend this Privacy Notice in our sole discretion at any time. If we do, we will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you by prominent posting on the Website and/or via email, and obtain your consent, if required.

CONTACT US

If you have any questions or concerns regarding this Privacy Notice, please contact our Corporate Office via telephone at 704-529-3115 or send us a message via Contact Us.