OPTICALVPN PRIVACY POLICY

Last updated: August 20, 2022

OpticalVPN, LLC is committed to protecting your privacy. We want you to understand what information we collect, use, and store. This document explains the privacy rules applicable to all information collected or submitted when you access, install, or use the OpticalVPN mobile application and related services ("Services").

BY DEFAULT, WE DO NOT COLLECT AND DO NOT PROCESS ANY PERSONAL DATA OF THE OPTICALVPN MOBILE APPLICATION USERS. We also do not collect logs of browsing history, traffic destination, data content, or DNS queries. HOWEVER, IN CERTAIN CASES, IN PARTICULAR DURING VOLUNTARY USER REGISTRATION PROCEDURE, WE MAY COLLECT AND PROCESS USER PERSONAL DATA.

This privacy policy will help you understand when and how OpticalVPN, LLC. ("OpticalVPN", "we", "our", or "us") collects, uses, stores and delete our users ("you" or "your") Personal Data. If you do not agree with this Policy, please do not use our application. Your continued use of our Services will signify your acceptance of this Policy.

EACH USER MUST CAREFULLY READ AND COMPLY WITH THIS POLICY. BY USING THE OPTICALVPN MOBILE APPLICATION AND RELATED SERVICES YOU CONFIRM THAT YOU AGREE TO THE TERMS OF OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY IN GENERAL OR ANY PART OF IT, YOU SHOULD WITHHOLD FROM USING THE OPTICALVPN MOBILE APPLICATION AND RELATED SERVICES. YOU ALSO AGREE THAT YOUR PERSONAL DATA, COLLECTED BY US, IS TRANSFERRED WITH YOUR CONSENT.

From time to time, we may change or update this Policy. Your continued use of the Site and/or the OpticalVPN mobile application and/or our Services constitutes your acceptance of the then-effective Policy.

Our Terms of Service, including their limitation on liability, apply to this Policy.

1. DEFINITIONS

The Website or the Site shall mean the website maintained at opticalvpn.com and/or all the subdomains of the website «opticalvpn.com». The Website gives Users an opportunity to read information about our Services and OpticalVPN mobile application.

The OpticalVPN mobile application or the Mobile application – is a complex software with relevant functional assignment specified in OPTICALVPN TERMS OF SERVICE.

The term “Services” means all of OpticalVPN LLC. mobile and other applications, the OpticalVPN website, products, services, software, accompanying documentation and any software provided by OpticalVPN (the “Software”). Find out more about the Services by reviewing Sections 3 and 6 of OPTICALVPN TERMS OF SERVICE.

The OpticalVPN owner or “we”, (“us”, “our”) means a legal entity – OpticalVPN LLC., 6-G Trostyanetska Street, Kyiv city, Ukraine, 02091 (identification number of the legal entity in the Unified state register of enterprises and organizations of Ukraine 44369491).

The Administration – the person (persons) authorised by OpticalVPN LLC. to implement management of the Mobile application and other actions related to its usage.

The User means a person (individual) who has an access to the functionality of the Mobile application and/or otherwise uses our Services.

Account – record which contains data that User reports when registering via the Mobile application. It contains data needed for the User authorisation when using the Mobile application.

Registration – the procedure of creating an account.

For the purposes of this Privacy Policy, the term “Personal Data” means any information relating to an identified or identifiable natural person. The term “Personal Data” does not include any information that has been anonymized, such that the natural person to which such information relates is not identifiable.

Controller means a person, which determines the purposes and means of the personal data processing.

Processor means a person, which processes personal data on behalf of the Controller.

OpticalVPN LLC. is a person, which determines the purposes and means of the personal data processing and which processes personal data. Accordingly OpticalVPN LLC. is Controller and Processor in the meaning which is specified in this Privacy Policy. However, there is also can be another person which processes personal data on behalf of the OpticalVPN LLC. as a Controller.

The other terms and notions used in this Policy shall be understood in accordance with the OPTICALVPN TERMS OF SERVICE, unless other specified in this Privacy Policy.

2. PERSONAL DATA PROCESSING

If you use our VPN service, we by default do not collect and do not process your personal data. It also should be noted that our Services adheres to No-logs Policy. We do not track, store or record your online activity, including browsing history, metadata, downloads or data content. We do not require your full name to provide our Services.

There are 2 exceptions to the above rule when we may collect and process your personal data. These exceptions are:

If mentioned exceptions are occurred, we could process the following data:

OpticalVPN uses your email address for the following purposes:

OpticalVPN uses your personal information only for the purposes established in this Privacy Policy. We do not sell and will not sell your information. Our paid services are the only way to make money.

We also process an information that is not a personal data. In particular, we process information about the device, such as: operating system version, device model, OpticalVPN application version, activation time. We receive this information in the process of using the application. We use such an information to troubleshoot and and to solve technical issues.

3. PURPOSES OF PERSONAL DATA PROCESSING

We may process your personal data for the following purposes:

4. PERSONAL DATA SECURITY

We take appropriate technical and organizational security measures to protect your personal data:

If you believe that your privacy has not been treated in violation of our Policy, or if someone has attempted to abuse our Services or acted improperly, please contact us directly at the following address support@opticalvpn.com. Moreover, if we find that your personal information is at risk, we will notify you immediately.

5. PROVIDING ACCESS TO YOUR PERSONAL DATA

We do not transfer, sell, rent or trade your personal data to third parties, except as provided in this Privacy Policy.

We may additionally collect and possibly transfer your Personal Data to ensure compliance with our Terms of Service. This may be done to prevent a crime or violation of our Terms of Service or remedy a violation that has occurred.

We also reserve the right to disclose your Personal Data as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process. We will notify affected users about any requests for their account information, unless prohibited from doing so by law or court order.

6. YOUR RIGHTS AND CONTROL

You as the Personal Data subject have the rights in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679. You agree that the way of implementation of your rights is subject to the terms of this Privacy Policy. The following paragraphs are the way to implement some of your rights under the provisions of the General Data Protection Regulation.

WE TAKE ALL MEASURES TO COMPLY WITH THE GDPR REQUIREMENTS, HOWEVER, YOU, AS A USER, SHOULD TAKE INTO ACCOUNT THAT THE RELATIONSHIP BETWEEN YOU AND US IS GOVERNED BY THE LEGISLATION OF UKRAINE, IN PARTICULAR THE LAW OF UKRAINE "ON THE PROTECTION OF PERSONAL DATA". UKRAINIAN LEGISLATION IS APPLICABLE LAW UNDER THIS PRIVACY POLICY AND OUR TERMS OF USE.

Your principal rights under data protection law in relation to your Persona Data are:

We offer you the opportunity to make certain choices and control over processing your personal data. These means of control may include access to personal data collected by us; correct, update or delete your personal data that we store; if you wish to opt out of data collection, please contact us at the following address: support@opticalvpn.com. If you submit a request, please note that we may request certain information from you in order to verify your identity and find your information. It should be also noted that we will delete your personal information if we are not legally required to store it, including the following cases:

The information you provide to us may be periodically archived or stored by us in accordance with the backup processes that are performed during normal data disaster recovery.

If you wish to implement any of the above-mentioned rights, please contact us at support@opticalvpn.com.

7. OPTICALVPN CONNECTION STATISTICS

Our Services does not track user traffic inside the OpticalVPN tunnel, for example: browsing history, traffic destination, search parameters, data content, DNS queries.

8. HOW LONG WE STORE PERSONAL DATA

We store your Personal data n as long as you remain a user of the Services or as long as you have an account on our server. We store Personal Data necessary to fulfil our legal obligations and perform the contract for the required period of time in accordance with applicable law or seven years.

YOU AGREE THAT YOUR PERSONAL DATA MAY BE PROCESSED AND STORED BY US AND/OR OUR COUNTERPARTIES DURING THE PERIOD OF TIME THAT IS PRACTICALLY NECESSARY TO FULFILL THE AIMS AND PURPOSES THAT IMPACT WITH FUNCTIONAL PURPOSE OF THE OPTICALVPN.

9. CHILDREN'S PRIVACY

By using our Services, you represent and warrant that you are at least eighteen (18) years of age and/or have reached the age of majority in the jurisdiction in which you reside and from which you access the Site and/or Services where you have reached the age of eighteen (18 years). If you have not reached the age of eighteen (18) and/or have reached the age of majority in the jurisdiction in which you reside and from which you access the Site and/or the Services, you are strictly prohibited to access them. We do not use the Services to deliberately request data from children under the age of eighteen (18). We request that such persons not provide Personal Data through our Services. We urge parents to encourage their children not to disclose their real name, address or phone number without prior permission. If you become aware or have reason to believe that a child under the age of 13 has shared any information with us, please contact us at support@opticalvpn.com and we will take appropriate measures for removal such information from our Services.

10. DATA STORAGE

We may correct, supplement or delete incomplete or inaccurate information at any time and in our sole discretion, as described above. Please note that, unless you tell us otherwise, we store the information we collect for as long as is necessary to provide the Services and fulfill our legal obligations, resolve disputes and enforce our agreements.

11. INTERNATIONAL DATA TRANSFERS

Personal data of our users is stored and processed on servers in the USA. However, Your Personal Data may be temporarily stored and processed in other jurisdiction, in particular in Ukraine. OpticalVPN is a global business. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy.

12. POLICY UPDATES

This Privacy Policy will remain in effect until it is replaced by a new policy. We may update this policy at our discretion, so you should check this page periodically, as its terms may periodically change. The latest version of the policy will display the date of the "last update" at the top of the page. If you further use of our Services, this will mean that you accept current version of policy and understand its terms.

13. OUR DETAILS

This Services are owned and operated by OpticalVPN, LLC. We are registered in Ukraine under registration number 44369491. Our office is located at 6-G Trostyanetska Street, Kyiv city, Ukraine, 02091.

You can contact us by email: support@opticalvpn.com