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Privacy Policy for Optivantage Solutions

Effective Date: September 16, 2025

Optivantage Solutions ("we," "us," or "our") is dedicated to safeguarding your privacy and securing your personal information. Based in Lakewood, NJ, we provide software solutions and workflow optimization services to small businesses, collecting and processing personal information through our website, communications (SMS, email, WhatsApp), and payment processing. This Privacy Policy outlines our practices to comply with laws including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR) for EU residents, California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA) for California residents, Payment Card Industry Data Security Standard (PCI DSS), and other applicable federal, state, and international privacy regulations.

By engaging with our services, website, or providing information, you agree to the practices described herein. If you disagree, please refrain from using our services or sharing information. We may update this policy, with changes posted here and the effective date revised. Significant updates will be communicated via email or website notice where required.

1. Information We Collect

We collect personal information you provide or that we gather through interactions, limited to what’s necessary:

  • Contact Information: Name, email address, phone number (for SMS or WhatsApp), and physical address.

  • Payment Information: Credit card or other payment details, processed securely through third-party providers (we do not store full credit card numbers).

  • Communication Preferences: Consent records for SMS, email, or WhatsApp communications, including marketing preferences.

  • Usage Data: IP address, device type, browser details, and interaction logs from website visits or software use.

  • Business Information: Details about your business operations (e.g., workflow data) to deliver tailored solutions.

We do not collect sensitive data (e.g., health, racial, or ethnic information) unless explicitly required and with your consent. For minors under 13 (or 16 in some jurisdictions), we do not knowingly collect data without verifiable parental consent, per the Children’s Online Privacy Protection Act (COPPA).

2. How We Collect Information

  • Directly from You: When you contact us, sign up for services, request a consultation, or communicate via SMS, email, or WhatsApp.

  • Automatically: Via cookies, web beacons, or similar technologies on our website to track usage and enhance services. Manage cookie preferences through your browser.

  • From Third Parties: From service providers (e.g., payment processors, analytics tools) or partners, only with your consent or as needed for service delivery.

  • Communications Channels:

    • SMS: Collected when you provide your phone number and consent to receive texts during direct interactions.

    • Email: Gathered during inquiries or service agreements, with consent for marketing communications.

    • WhatsApp: Used only with your explicit consent for business communications, per WhatsApp’s Business API terms.

We obtain prior express written consent for all marketing communications, as required by TCPA and CAN-SPAM.

3. How We Use Your Information

We use your information responsibly to provide and improve our services:

  • Delivering software solutions and workflow optimization.

  • Processing payments securely via PCI DSS-compliant providers.

  • Sending transactional or service-related communications (e.g., confirmations, updates).

  • Marketing and promotions, only with your consent:

    • SMS: Alerts or promotions sent to consented numbers, with clear opt-out instructions (e.g., “Reply STOP to unsubscribe”).

    • Email: Commercial emails include accurate headers, our physical address, and unsubscribe options, per CAN-SPAM.

    • WhatsApp: Business messages with opt-out options, complying with WhatsApp policies.

  • Analyzing usage to improve services and personalize experiences.

  • Meeting legal obligations, preventing fraud, and protecting our rights.

We do not sell your personal information. Sharing is limited to necessary business purposes.

4. Sharing Your Information

We do not sell, rent, or trade your information. Sharing occurs only in these cases:

  • Service Providers: With trusted third parties (e.g., cloud hosting, payment processors like Stripe or PayPal, communication platforms like Twilio) bound by contracts to protect data and comply with PCI DSS, GDPR, and other standards. They cannot use your data for their own purposes.

  • Legal Requirements: To comply with laws, subpoenas, or government requests, or to prevent fraud or harm.

  • Business Transfers: During mergers, acquisitions, or asset sales, with notice where required.

  • With Consent: For other purposes, only with your explicit permission.

For international transfers (e.g., EU data under GDPR), we use safeguards like Standard Contractual Clauses. Under CCPA/CPRA, we do not “sell” or “share” personal information or engage in targeted advertising with sensitive data.

5. Data Security

We implement robust safeguards to protect your information:

  • Encryption for data in transit (e.g., HTTPS, SSL for payments).

  • Access controls and regular security audits.

  • PCI DSS compliance for payment processing; we do not store sensitive payment data.

  • Secure transmission and storage for SMS, email, and WhatsApp communications.

While we strive to protect your data, no system is fully secure. We are not liable for unauthorized access beyond our reasonable control. In case of a breach, we will notify affected individuals as required (e.g., within 72 hours under GDPR).

6. Your Privacy Rights and Choices

You have rights over your data. Contact us at privacy@optivantagesolutions.com to exercise them, and we will respond within 45 days (or 90 days for complex requests under CCPA).

  • Access: Request a copy of your data.

  • Correction: Update inaccurate information.

  • Deletion: Request removal, subject to legal retention requirements (e.g., financial records).

  • Opt-Out of Communications:

    • SMS: Reply “STOP” to cease marketing texts; we confirm and comply immediately.

    • Email: Use “unsubscribe” links; we honor requests promptly under CAN-SPAM.

    • WhatsApp: Use opt-out commands or contact us to revoke consent.

  • Do Not Sell/Share: Under CCPA/CPRA, opt out of any “sale” or “sharing” (we do not engage in this).

  • GDPR Rights (EU/UK): Withdraw consent, object to processing, request data portability, or lodge complaints with authorities (e.g., ICO).

  • CCPA Rights (California): Limit sensitive data use; non-discrimination for exercising rights.

  • Other: Opt out of cookies via browser settings; revoke TCPA consent for texts/calls.

We do not discriminate against users exercising rights and provide free access twice yearly under CCPA. Identity verification may be required.

7. Retention of Information

We retain data only as needed for the purposes outlined or legal requirements (e.g., 7 years for financial records per IRS rules). Upon request or when no longer needed, we securely delete or anonymize data. Communication logs are retained for compliance but deleted after opt-out.

8. International Data Transfers

As a U.S.-based company, we store data primarily in the U.S. For users outside (e.g., EU under GDPR), we ensure protections via contracts. Using our services constitutes consent to such transfers.

9. Third-Party Links and Services

Our website may link to third-party sites (e.g., payment gateways). We are not responsible for their privacy practices. For WhatsApp, we comply with Meta’s terms, including their privacy policy.

10. Compliance with Specific Laws

  • TCPA: SMS and calls require prior express written consent; no autodialed messages without permission; opt-outs honored immediately.

  • CAN-SPAM: Emails include opt-out, accurate headers, and our address: Optivantage Solutions, 513A Dr. M. L. King Drive, Lakewood, NJ 08701.

  • PCI DSS: Payments are handled by certified processors; we ensure compliance.

  • GDPR/CCPA: We act as a data controller, appoint EU representatives if needed, and conduct DPIAs for high-risk processing.

  • Other: Compliance with state laws (e.g., New Jersey) and monitoring for U.S. federal privacy laws.

11. Children’s Privacy

Our services are not for children under 13 (or higher ages per local laws). We do not knowingly collect their data and delete it promptly if discovered.

12. Changes to This Policy

We may update this policy to reflect legal or business changes. Continued use signifies acceptance. Significant changes will be notified via email or website.

13. Contact Us

For questions or rights requests:

Optivantage Solutions

513A Dr. M. L. King Drive, Lakewood, NJ 08701

Email: privacy@optivantagesolutions.com

Phone: 848-223-2708

EU residents: Contact our GDPR representative or your local data protection authority.

This policy ensures compliance while protecting our business and does not create third-party beneficiary rights.