Privacy Policy

Oktana Corporation (“Oktana”, “we” or “us”) provide this policy to inform you of our personal information handling practices for personal information we collect from those who contact us by phone or email and visitors to our website www.oktana.com and any other web or mobile sites operated by us that link to this policy (“site” or “sites”).

This policy (together with our Terms of Use, Cookie Policy and any other documents referred to in it) sets out the basis on which any personal data, personally identifiable information, or personal information (“personal data”) we collect from you, or that you provide to us, through our sites will be processed by us. This policy does not cover any personal data we collect offline or that we process as a service provider for clients.

Oktana is currently in the process of self-certification for inclusion on the Data Privacy Framework List in demonstration of our commitment to the management of personal data received in compliance with the Principles set forth by the EU-U.S. Data Privacy Framework. By doing so, we are subject to the investigatory and enforcement powers of the FTC, DOT and any other authorized U.S. statutory body.

Residents of the European Economic Area, the United Kingdom, or Switzerland, see our EEA+ Supplemental Data Protection Law Disclosures to this policy below.

Residents of Mexico, see our Mexico Supplemental Data Protection Law Disclosures to this policy below.

California residents, see our California Consumer Privacy Act supplement below.

Local laws may provide for various data subject rights that provide individuals with the right to request access to their personal data, correction of their personal data that is in the possession or under the control of Oktana, and withdrawal of consent to process their personal data. This list is not exhaustive and may vary by local law and jurisdiction.

When you contact us, or make an inquiry, via our site, your data will be collected and controlled by Oktana (a U.S. corporation incorporated under the laws of the State of Delaware and based at 1116 Smith Street, Charleston, West Virginia 25301). We may also share your personal data with our other parties from time to time for the purposes set out in this privacy policy.

CATEGORIES OF INFORMATION WE COLLECT ABOUT YOU

We will collect and process the following data about you:

• Information you give to us. This is information about you that you give us by submitting forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you request information about our services, and when you report a problem with our site.
  The information you give us may include your name, address, e-mail address and phone number, and other information that you choose to provide. Providing such personal data is voluntary. However, without providing such personal data, we will not be able to provide you with information or services you request from us. You will know what personal data you provide because you will actively submit it to us.

• Information we collect about you. In addition to the personal data that you actively provide, for us to monitor and maintain the performance of the sites and to analyze trends, usage and activities in connection with the sites, to measure the effectiveness of advertising we serve to you, and to deliver relevant advertising to you, the sites may automatically collect, process and store certain information from you, to the extent permitted and under the conditions set out under applicable law:

  • technical information, including the domain and host name from which you access the Internet, the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone and country setting, browser plug-in types and versions, operating system and platform; and

  • information about your site visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

• Information we receive from other sources. We are working closely with third parties (including, for example, marketing services and recruitment agencies) that may provide us with additional information about you.

If we are unable to collect this information, this may affect the provision of the services you have requested from us. We will not collect additional categories of personal information without notifying you.

COOKIES

To the extent permitted under applicable law, our site uses cookies and similar technologies to distinguish you from other users of our site and enable us and third parties to automatically collect information about how you access and use our sites, and about the device you use to access our sites. This helps us to provide you with a good experience when you browse our site and also allows us to customize and improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy. Some web browsers include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. As no uniform technology standard for recognizing and implementing DNT signals has been finalized yet, we may not be able to respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

PURPOSES OF COLLECTING PERSONAL INFORMATION

When personal information is processed, all technologies available to Oktana and its partners and service providers are used, which may include generative AI tools. We use information held about you in the following ways:

• Information you give to us. To the extent permitted under applicable law, we will use this information:

  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

  • to provide you with information about other goods and services we offer that are similar to those that you have already purchased or inquired about, when permitted by applicable law;

  • to provide you, or permit selected third parties to provide you (where you have consented to such sharing when required by applicable law), with information about goods or services we feel may interest you. We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you, or where you have consented to this, or where we can otherwise lawfully do so.

  • to notify you about changes to our service;

  • to communicate with you in relation to a job opportunity you have applied to on our site; and

  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

• Information we collect about you. To the extent permitted under applicable law, we will use this information:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

  • as part of our efforts to keep our site safe and secure;

  • to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them; and

  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer.

• Information we receive from other sources.To the extent permitted under applicable law, we will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Oktana does not sell your personal information.

DISCLOSURE OF YOUR INFORMATION

To the extent permitted under applicable data protection law, we may share your personal data with:

• Any member of Oktana as needed

  • for the purposes of commercial delivery of services under contractual obligations; and

  • for the purposes of administrative and operational functions in support of commercial delivery of services under contractual obligations.

• Selected third parties including:

  • service providers such as Salesforce.com Inc who act as our data processor who are subject to contractual obligations to implement technical and organizational security measures to safeguard the personal data and to process the personal data only as instructed;

  • advertising and advertising networks such as Google AdWords that require the data to select and/or serve relevant advertisements to you and others;

  • marketing tools such as MailerLite, Apollo and Hippo Video to distribute and track marketing emails with content relevant to you for commercial purposes;

  • analytics and search engine providers such as Google Analytics and Search Console that assist us in the improvement and optimization of our site; and

  • social media tools such as LinkedIn, Facebook, X, Instagram and YouTube for the purposes of sharing content at the user’s discretion

• To the extent permitted by applicable data protection law, we will also disclose your personal data to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.

  • If we are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or request of law enforcement, national security or governmental authorities, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Oktana, our employees, customers, or others.

GLOBAL DISCLOSURES

Your personal data may be disclosed to employees, representatives, or other third parties operating outside of the country you are based who work for, or are engaged by us in other countries, including the U.S. and in other countries that we operate, and to our service providers who may be located outside of the country you are based, including the U.S. and in other countries that we operate. We note that these persons and third parties may also store, transfer or access personal data outside of the country you are based in.

In disclosing your personal data overseas, we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal data in accordance with applicable laws. For any further information on the safeguards we adopt to ensure the protection of your personal data, you can contact us at trust [at] oktana [dot] com.

CONTACTS & COMPLAINTS

We rely on personal data provided by you. In order to ensure that personal data provided to us is current, complete and accurate, please update us if there are any changes to the personal data provided to us. Questions, comments or requests regarding this privacy policy are welcomed and should be addressed to the General Manager at trust [at] oktana [dot] com or by mail at Oktana Corporation, 1116 Smith Street, Charleston, West Virginia 25301.

If you have any complaints about our privacy management practices, you can contact us at the same details above. You may also have a right to raise your complaint with the relevant privacy regulator in your jurisdiction or to a panel established by the Data Protection Authorities overseeing the EU-U.S. Data Privacy Framework.  We acknowledge the possibility, under certain conditions, for the individual to invoke binding arbitration.

CHANGES TO OUR PRIVACY POLICY
We may make changes to this notice, including material changes, from time to time. We will inform you of any changes to the processing activities described in this notice before we start that new processing.

EEA+ SUPPLEMENTAL DATA PROTECTION LAW DISCLOSURES

Oktana provides to residents of the European Economic Area, Switzerland and the United Kingdom (EEA+) the following disclosures to supplement the Website Privacy Policy.

Data Controller: The data controller is Oktana Corporation, a U.S. corporation incorporated under the laws of the State of Delaware and based at 1116 Smith Street, Charleston, West Virginia 25301.

Legal Bases for Processing under European Union and United Kingdom law: Legal bases for the processing of your personal data by Oktana are:

(i) performance of a contract, where we have entered into a contract with you and need to process your personal data to fulfill our contractual obligations to you (Art. 6 (1) lit. b GDPR/UK GDPR),

(ii) our legitimate interests (Art. 6 (1) lit. f GDPR/UK GDPR) for the transfer of your personal data within Oktana offices located in third countries which are the following: for internal administrative, operational and support purposes in addition to providing you with our company’s services,

(iii) compliance with a legal obligation to which Oktana is subject (Art. 6 (1) lit. c GDPR/UK GDPR), for example if we are required by law to disclose personal data to law enforcement agencies, national security or governmental authorities,

(iv) our legitimate interests for the purposes of exercising our legal rights or defending legal claims,

(v) our legitimate interests (Art. 6 (1) lit. b GDPR/UK GDPR) for the transfer of your personal data in connection with a transfer of all or part of our organization or assets which are the following: the orderly transition of all or part of our business,

(vi) our legitimate interests to protect and defend the rights or property of us or third parties, including enforcing agreements, policies and terms of use, and in an emergency including to protect the safety of our employees or any person which are the following: to protect the property, rights, and safety of any person and to prevent fraud. Information on the balancing test is available upon request,

(vii) your consent to the processing (art. 6 (1) lit. a GDPR/UK GDPR) for marketing and advertising purposes, as required by applicable laws.

Recipients in Third Countries: The personal data that we collect or receive about you may be transferred to and processed by recipients that are located inside or outside the EEA+ and which are not recognized from an EEA+ law perspective as providing for an adequate level of data protection. When interacting with our site or contacting Oktana, you transfer personal data to the United States. To the extent your personal data are transferred to countries that do not provide for an adequate level of data protection from an EU or UK law perspective, we will base the respective transfer on appropriate safeguards (Art. 46 GDPR/UK GDPR), such as standard data protection clauses adopted by the European Commission, and any supplementary measures as necessary in order to adequately protect your personal data. You can ask for a copy of such appropriate safeguards by contacting us at trust [at] oktana [dot] com.

Period of Data Storage: Your personal data will be retained for as long as necessary to provide you with the services requested. When Oktana no longer needs to use your personal data to comply with contractual obligations, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, to comply with statutory retention periods e.g. for tax purposes for a legally prescribed time period thereafter, or if we need it to preserve evidence within statutes of limitation. With regard to personal data collected through cookies or similar technologies, details are provided in the Cookie Policy.

Data Subject Rights Under applicable law, you may have the following rights in relation to your personal data. These may be limited under applicable data protection law.

(i) Right to request from us access to personal data: You have the right to confirm with us whether your personal information is processed, and if it is, to request access to that personal information including the categories of personal information processed, the purpose of the processing and the recipients or categories of recipients. You have the right to obtain a copy of the personal data undergoing processing. However, this is not an absolute right and the interests of other individuals may restrict your right of access.

(ii) Right to rectification: You have the right to obtain from us rectification of inaccurate or incomplete personal information concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

(iii) Right to erasure of your personal data (right to be forgotten): You have the right to ask us to erase personal data concerning you.

(iv) Right to restriction of processing: In limited circumstances, you have the right to request that we restrict processing of your personal data.

(v) Right to data portability: You may have the right to receive personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that personal data to another entity without hindrance from us.

(vi) Right to object: Under certain circumstances you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, including profiling, by us and we can be required to no longer process your personal data.

Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.

(vii) Right to provide guidelines: For France specifically, you have the right to provide us with guidelines as to the processing of your personal data after your death, either directly or via a trusted third-party.

You also have the right to lodge a complaint with a supervisory authority and you can contact the authority when the exercise of your rights is subject to delay, restriction or exclusion by the data controller. If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. You can exercise your rights by contacting us as set out in the contact section, or, in the UK you may contact the Information Commissioner’s Office. You may also have a right to raise your complaint to a panel established by the Data Protection Authorities overseeing the EU-U.S. Data Privacy Framework. We acknowledge the possibility, under certain conditions, for the individual to invoke binding arbitration.

Failure to Provide Personal Data: Where we are required by law to collect your personal data, or we need to collect your personal data under the terms of a contract we have with you, and you fail to provide that personal data when we request it, we may not be able to perform the contract we have or are trying to enter into with you. This may apply where you do not provide the personal data we need in order to provide the services you have requested from us. In this case, we may have to cancel the provision of the relevant services to you, in which case we will notify you.

MEXICO SUPPLEMENTAL DATA PROTECTION LAW DISCLOSURES

1. Sensitive data.
Oktana does not proactively collect sensitive data from you. If at some point we consider it necessary or mandatory to collect sensitive data from you, we will ask you to provide us with your express consent before collecting such data.

2. Your rights in connection with personal information

• Right of access: You may have the right to confirm with us whether your personal information is processed, and if it is, to request access to that personal information including the categories of personal information processed and the purpose of the processing.

• Right to rectification: You may have the right to rectify inaccurate or incomplete personal information concerning you.

• Right of cancellation: You may have the right to ask us to cancel personal information concerning you and we will assess such request in accordance with the relevant laws.

• Right of opposition: Under certain circumstances you may have the right to oppose our processing of your personal data and we will assess such request in accordance with the relevant laws.

• Right to revoke/withdraw your consent: You have the right to withdraw your consent granted to us for processing your personal information and we will assess such request in accordance with the relevant laws.

To exercise any of the abovementioned rights, or to submit questions or complaints please contact us at our email address at trust [at] oktana [dot] com

Your requests will be evaluated pursuant to applicable laws. Upon request, we can inform you about: (i) the information we may need to receive from you in order to identify yourself as well as the documents that you may need to enclose alongside your request; (ii) the time periods in which you will receive an answer from us regarding your request; (iii) how you may file your request, including any templates or mechanism that may be available (if any); (iv) the media format in which we will deliver the information to you (e.g. by email).

CALIFORNIA CONSUMER PRIVACY ACT SUPPLEMENT

This section applies to all users (users are referred to below, simply as “you”, “your”, “yours”) who are consumers residing in the state of California, U.S., according to the “California Consumer Privacy Act of 2018” (the “CCPA”), as updated by the “California Privacy Rights Act” (the “CPRA”) and subsequent regulations. For such consumers, this section supersedes any other possibly divergent or conflicting information contained in the above privacy policy.

This portion of the document uses the term “personal information“ as defined in the California Consumer Privacy Act (CCPA/CPRA).

Notice at collection
Categories of personal information collected, used, sold, or shared

In this section we summarize the categories of personal information that we’ve collected, used, sold, or shared and the purposes thereof. You can read about these activities in detail in the section titled “Detailed information on the processing of Personal Data” within this document.

• We have collected the following categories of personal information about you: identifiers, commercial information, internet or other electronic network activity information and employment related information.

• We do not collect sensitive personal information.

• We will not collect additional categories of personal information without notifying you.

Pursuant to CCPA requirements (Section 1798.140), Oktana shared the below user information categories for business reasons in the past year:

1. Identifiers: Marketing, Service delivery

2. Commercial Information: Service delivery, Auditing

3. Employment-related Information: Auditing

4. Internet Activity: Detection of security events, internal research and site optimization

Sale or sharing of your personal information

For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer’s personal information by the business to a third party, for monetary or other valuable consideration”, as defined by the CCPA. This means that, for example, a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like. 

Oktana does not sell your personal information.

For our purposes, the word “sharing” means any “sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged”, as defined by the CCPA.

Please note that the exchange of personal information with a service provider pursuant to a written contract that meets the requirements set by the CCPA, does not constitute a sale or sharing of your personal information.

Your right to opt out of the sale or sharing of your personal information and how you can exercise it

We sell or share your personal information with the third parties listed in detail in the section titled “Detailed information on the processing of Personal Data” within this document. These third parties are categorized in accordance with the different purposes of processing.

You have the right to opt out of the sale or sharing of your personal information. This means that whenever you request us to stop selling or sharing your personal information, we will abide by your request. Such requests can be made freely, at any time, without submitting any verifiable request. To fully exercise your right to opt out, you can contact us at any time at trust [at] oktana [dot] com.

We use any personal information collected from you in connection with the submission of your opt-out request solely for the purposes of complying with the opt-out request. Once you have opted out, we are required to wait at least 12 months before asking whether you have changed your mind.

Your privacy rights under the California Consumer Privacy Act and how to exercise them

The right to access personal information: the right to know and to portability

You have the right to request that we disclose to you:

• the categories of personal information that we collect about you;

• the sources from which the personal information is collected;

• the purposes for which we use your information;

• to whom we disclose such information;

• the specific pieces of personal information we have collected about you.

You also have the right to know what personal information is sold or shared and to whom. In particular, you have the right to request two separate lists from us where we disclose:

• the categories of personal information that we sold or shared about you and the categories of third parties to whom the personal information was sold or shared;

• the categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

The disclosure described above will be limited to the personal information collected or used over the past 12 months.

If we deliver our response electronically, the information enclosed will be “portable”, i.e. delivered in an easily usable format to enable you to transmit the information to another entity without hindrance, provided that this is technically feasible.

The right to request the deletion of your personal information

You have the right to request that we delete any of your personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on Oktana web properties, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).

If no legal exception applies, as a result of exercising your right, we will delete your personal information and notify any of our service providers and all third parties to whom we have sold or shared the personal information to do so — provided that this is technically feasible and doesn’t involve disproportionate effort.

The right to correct inaccurate personal information

You have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.

The right to opt out of sale or sharing of personal information and to limit the use of your sensitive personal information

You have the right to opt out of the sale or sharing of your personal information. You also have the right to request that we limit our use or disclosure of your sensitive personal information.

The right of no retaliation following opt-out or exercise of other rights (the right to non-discrimination)

We will not discriminate against you for exercising your rights under the CCPA. This means that we will not discriminate against you, including, but not limited to, by denying goods or services, charging you a different price, or providing a different level or quality of goods or services just because you exercised your consumer privacy rights.

However, if you refuse to provide your personal information to us or ask us to delete or stop selling your personal information, and that personal information or sale is necessary for us to provide you with goods or services, we may not be able to continue a commercial relationship.

How to exercise your rights

To exercise the rights described above, you need to submit your verifiable request to us at trust [at] oktana [dot] com.

For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;

• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you. Making a verifiable consumer request does not require you to create an account with us. We will use any personal information collected from you in connection with the verification of your request solely for the purposes of verification and shall not further disclose the personal information, retain it longer than necessary for purposes of verification, or use it for unrelated purposes.

If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf. If you are an adult, you can make a verifiable request on behalf of a child under your parental authority. You can submit a maximum number of 2 requests over a period of 12 months.

How and when we are expected to handle your request

• We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.

• We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.

• Our disclosure(s) will cover the preceding 12-month period. Only with regard to personal information collected on or after January 1, 2022, you have the right to request that we disclose information beyond the 12-month period, and we will provide it to you unless doing so proves impossible or would involve a disproportionate effort. Should we deny your request, we will explain to you the reasons behind our denial.

• We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.

Detailed information on the processing of Personal Data

We have collected the following categories of personal information about you: identifiers, commercial information, internet or other electronic network activity information and employment related information.