Privacy Policy

Your privacy is important to us. As part of Osterhout Group, Inc.’s (“ODG”, “we,” “us,” or “our”) efforts to facilitate and make your experience as user-friendly and enjoyable as possible with our web site (the “ODG Site”), as well as all related ODG web sites, ODG or third party Apps (as defined below) and other services provided by us (collectively, together the ODG Site, including any ODG materials on the ODG Site, ODG Product, or ODG App or any other software, service or content offered by ODG or its third-party providers to you through the ODG Site, the ODG Online Store or the Reticle AppCenter shall be referred to as the “ODG Service”), we may collect and use certain information you provide to us. This Privacy Policy addresses the collection, use, and disclosure of information that ODG may gather during your use of the ODG Service. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in the ODG Online Store & Reticle AppCenter agreement On OUR WEBSITE and the odg end user license agreement ON OUR WEBSITE.

Please review the entire policy to learn the types of End User information that ODG gathers, how ODG uses that End User information, what End User information is disclosed and to what third parties, and how ODG safeguards your End User information.

Please also check back periodically as this Privacy Policy may change from time to time. We will notify you of any material changes by publishing the new Privacy Policy through the ODG Service (including on the ODG Site). The End User information that ODG gathers is and will be subject to the Privacy Policy in effect at the time the information is gathered. Should you have any questions or concerns at any time, please feel free to contact us. This Privacy Policy applies only to the ODG Service. This Privacy Policy does not apply to any websites or Apps that are managed, maintained, developed and/or hosted by third parties not directly affiliated with ODG that you may download, access, use or visit, e.g., via a link provided through the ODG Service or on a website maintained by any third party. ODG does not control the privacy policies of other websites to which we may provide hyperlinks or of third party developed Apps that we may make available to you through the ODG Service. We encourage you to learn more about the online privacy and data security policies of third party websites or Apps directly from such third parties, as their policies may differ from ours.

PLEASE REVIEW THIS PRIVACY POLICY, THE ODG ONLINE STORE & RETICLE Appcenter agreement, THE WEBSITE USER AGREEMENT, and the odg end user license agreement, AS APPLICABLE, CAREFULLY. BY SUBMITTING YOUR INFORMATION TO US AND BY USING THE ODG SERVICE, ODG WILL ASSUME THAT YOU HAVE READ, UNDERSTOOD, AND CONSENT TO THE AGREEMENT, WHICH INCLUDES THIS PRIVACY POLICY, THE ODG ONLINE STORE & RETICLE APPCENTER AGREEMENT, THE WEBSITE USER AGREEMENT, THE ODG END USER LICENSE AGREEMENT, AND ALL OTHER APPLICABLE ODG RULES AND POLICIES. WE ALSO ASSUME THAT YOU CONSENT TO ODG’S USE OF YOUR INFORMATION AS DESCRIBED IN THE AGREEMENT. If you do not consent, you should not access or use the ODG Service.

I. Information ODG Collects

• A. Personal Information and Non-Identifying Information When you create an account with us to use the ODG Service, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your full name, phone number, email address, home and business postal addresses, photos of you, credit card or other billing information, and any other information that could be used to personally identify you.

We also collect other information that you provide as part of registration and the administration and personalization of your account with us that does not identify you (“Non-Identifying Information”). Non-Identifying Information includes, but is not limited to, your zip code (on its own), gender, date of birth, age, and individual preferences. Non-Identifying Information may also include the identification of the specific model and/or unit of ODG Products you purchased. Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your gender only or your viewing preferences). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the ODG Service, facilitate and complete transactions for you, facilitate transactions and communications between End Users, and respond to correspondence from you. We may also use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your account information.

We may also combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the ODG Service, and to analyze and understand how the ODG Service is used.

• B. Usage Data

When you visit the ODG Site or use the ODG Service, whether you are logged in or just browsing without logging in, our servers automatically record information that your browser sends whenever you visit a website. Similarly, when you log into the ODG Service using an App, our services automatically record information that the App sends. An “App” means one or more software programs developed by ODG or a third party for use with an ODG Product, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs, and distributed via the Reticle AppCenter. The information sent automatically by your browser and the App is referred to as “Usage Data.” This Usage Data may include information such as the manufacturer and model of your mobile device, your Internet Service Provider (ISP); your device’s Internet Protocol (“IP”) address (or other device identifier), browser type, and operating system; referring/exit pages; clickstream data; pages of the ODG Site that you visit, the time spent on those pages or interacting with certain portions of the App, information you search for on the ODG Site, an App, or elsewhere in the ODG Service, access times and dates; and other statistics.

Usage Data also includes geolocation data. ODG may offer certain features as part of the ODG Service in whole or in part based on your location, such as to locate the ODG Product or other mobile device on which you have installed or downloaded an App. You will be given the opportunity to opt-in to location-based services, normally through an opt-in screen on the App. If you choose to enable location-based services, we may collect your location based on information provided by you or the mobile device, including, if available, GPS, IP address or cell tower information. If you do not opt-in to or choose to disable location-based services, you may not be able to utilize certain features of the ODG Service. Without limiting the foregoing, even if you have not expressly granted us access to location data, we may nonetheless have access to location information contained in the transaction data associated with your ODG Products. We may also collect, usage, performance, energy data and other operational data from your ODG Products. We use this information for technical administration of the ODG Service, including to monitor and analyze use of the ODG Service, to increase the functionality and user-friendliness of the ODG Service, and to better tailor the ODG Service to End Users’ needs.

Usage Data may be non-identifying or it may be associated with you. Whenever we associate Usage Data with Personal Information, we will treat it as Personal Information . II. Collection of Information You may provide us with Personal Information and Non-Identifying Information (together, “End User Information”) in various ways on the ODG Service. For example, you provide us with End User Information when you register for an account, when we verify your identity for security purposes, when you use the ODG Service, post content, make a purchase on the ODG Service, interact with other End Users of the ODG Service through communication or messaging features, or send us customer service-related requests.

ODG may also use a number of different techniques and technologies to collect End User Information and Usage Data. For example, ODG may use cookies, log files, web beacons, clear gifs, pixel tags, embedded scripts, and/or other technology used to monitor your use of the ODG Service. ODG may also record any communications between you and ODG.

• A. Forms

We request certain information from you through the use of forms when you create an account, complete a transaction, or send us customer-service related requests. For example, when creating a member account, we may ask you to enter your first and last name, e-mail address, mailing address, and phone number. We may also ask for your payment information when making a purchase on the ODG Service.

• B. Surveys, Polls, Questionnaires

We may from time to time request certain information from you through the use of surveys, polls, and questionnaires.

• C. Cookies

As is regular practice on many websites, the ODG Service uses cookies and other technologies to help us understand which parts of the ODG Service are more popular and how much time End Users spend there. A cookie is a small amount of data that is sent to and stored on your device from our server. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser or Apps. A persistent cookie remains after you close your browser or Apps and may be used by your browser or Apps on subsequent visits to the ODG Site. Cookies may, for example, allow a user to enter a password less frequently or remember a user’s preferences during an online session.

The ODG Service uses cookies to determine whether an End User is active and for other business purposes. The ODG Service may include first-party cookies (i.e., cookies that send data directly to ODG and agents and contractors acting on behalf of ODG, including cookies used to monitor, analyze, and administer the ODG Service) and third-party cookies (i.e., cookies that send data to our contractors for their commercial use). We are not responsible for any third party cookies. The cookies on the ODG Service may also track Internet activity across different websites. Since cookies are now used as industry standard, most devices automatically accept cookies, but you can usually change your device’s settings to decline them. If you prefer not to enable cookies, you may choose to disable them; however, please note that certain features on the ODG Service may not be available to you once cookies are disabled.

• D. Usage Data

Usage Data are collected automatically by the ODG Service’s servers and software. For example, because the ODG Site automatically collects Usage Data for all End Users that visit the ODG Site, your ODG Site session will be tracked. Additionally, the ODG Apps collect Usage Data and send it to the ODG Service servers to facilitate the services provided to you through the ODG Apps. You agree that we may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, to facilitate the provision of software updates, product support and other services to you related to the ODG Apps.

Additionally, in some of our email messages, ODG may use a “click-through URL” linked to content on the ODG Service. When an End User clicks onto one of these URLs, the End User will pass through our server before arriving at the destination web page. ODG tracks this click-through data to help us determine End User interest in certain subject matter and measure the effectiveness of these End User communications. You can avoid being tracked in this way by not clicking text or graphic links in emails from ODG. Finally, we may use clear gifs or pixel tags, which are tiny graphic images, in order: (i) to advise us of what parts of the ODG Service End Users have visited, (ii) to measure the effectiveness of any searches End Users perform, and (iii) to enable us to send emails in a format that End Users can read and tell us whether such emails have been opened in order to ensure us that we are sending messages that are of interest to End Users.

• E. Tracking

Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. The ODG Service, including the ODG Site, does not accept or process such Do Not Track signals or similar mechanisms.

• F. Messaging and Metadata

The ODG Service may provide messaging to enable End Users to communicate with one another and/or with ODG. In such event, ODG may, but has no obligation to, review communications made between End Users using the ODG Service’s messaging for legitimate business purposes, including in the course of customer service investigations regarding End User complaints and disputes between End Users, and ODG may collect metadata associated with such messaging, including but not limited to location and sender/recipient identification data.

• G. Public Communications

Please note that if you use any bulletin board, chat room, comment posting feature, or other public communication service, forum, or feature offered through the ODG Service, or post any information available for viewing by other End Users, any of the information that you share will be visible to other End Users. The information that you make available can be read, used, and collected by other End Users to send you unsolicited messages outside of the ODG Service. ODG is not responsible for the manner in which the End User Information that you decide to share will be used by other End Users.

• H. Third Party Web Beacons

We may also implement third-party content or advertising on the ODG Site that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser or Apps in connection with your viewing of the third party content on the ODG Site. Information collected through web beacons is collected directly by these third parties, and ODG does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

• I. Information from Other Sources

We may obtain End User Information, including Personal Information, from third parties and sources other than the ODG Service, such as from our partners, advertisers, and integrated services. If we combine or associate information from other sources with Personal Information that we collect ourselves through the ODG Service, we will treat the combined information as Personal Information in accordance with this Policy.

III. Use of Information by ODG

The End User Information that ODG collects may be added to our databases and used for business purposes, including for marketing and promotional purposes, for a statistical analysis of End Users’ behavior, for product development, for content improvement, or to customize the content and layout of the ODG Service. More specifically, our use of End User information that we collect on the ODG Service includes the following:

We use the information that we collect on the ODG Service to operate, maintain, enhance and provide all features of the ODG Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users.

We use the information that we collect on the ODG Service to understand and analyze the usage trends, operational performance and preferences of our users, to improve the ODG Service, and to develop new products, services, feature, and functionality, to more effectively communicate the benefits of ODG Products and to provide you additional services and functionality.

We may use your email address or other information we collect on the ODG Service (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your content posted on the ODG Service or (ii) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “ODG’s Opt-In/Opt-Out Policy.”

We may use “cookies” information and “automatically collected” information we collect on the ODG Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the ODG Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics; and (v) track your entries, submissions, and status in any promotions or other activities on the ODG Service.

IV. Sharing of Information by ODG

ODG’s policy is not to share the End User information it collects with third parties other than as specified below, or where an End User expressly consents to our sharing of certain information with a third party. We may share End User information with third parties under the following circumstances:

• A. Connecting End Users

The ODG Service may use certain information provided by End Users to connect End Users with each other. • B. Other Business Partners and Vendors

We may work closely with certain business partners, vendors, or third party service providers and we may provide End User information to such parties so that they can offer or provide services to you. For example, we may provide End User information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. We may also employ third party companies and individuals for any of the following: to facilitate the ODG Service; to provide the ODG Service or portions of the ODG Service on our behalf; to perform related services, including without limitation, maintenance services, database management, fulfillment, web analytics, and improvement of the features or functionality; or to assist us in analyzing how the ODG Service is being used.

Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.

Under certain circumstances, you may avoid having ODG share your information with its business partners and vendors by not granting ODG permission to share your information. Not granting ODG permission to share your information with its business partners or vendors may limit your access to their service offerings through the ODG Service.

• C. Promotions

From time to time, we may offer promotions through the ODG Service that require a separate registration. By participating in such a promotion, you agree to the official rules for the promotion, which may require that you provide certain information. Information collected in connection with a promotion will be used consistently with the promotion’s official rules and this Privacy Policy.

• D. Business Transfers

As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, bankruptcy, or other similar transaction. In such transactions, information about End Users generally is often a transferred business asset. In the event that ODG itself or substantially all of ODG’s assets are acquired, information about our End Users may be one of the transferred assets.

• E. Compliance with Law and Protection of ODG and Others

We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) to enforce or apply the Agreement, including this Privacy Policy, the ODG Online Store & Reticle AppCenter Agreement, the Website User Agreement, and the ODG End User License Agreement and other any ODG agreements, rules, and policies (ii) take precautions against liability, (iii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iv) investigate and defend ourselves against any third-party claims or allegations, (v) protect the security or integrity of the ODG Service and any facilities or equipment used to make the ODG Service available, or (vi) protect our property or other legal rights, or the rights, property, or safety of others.

• F. Aggregate Site Use Information

We may release aggregate End User information (without revealing any Personal Information about you) to advertisers and other third parties for various purposes, including (i) in order to promote or describe use of the ODG Service (ii) compliance with various reporting obligations; (iii) for business or marketing purposes; or (iv) to assist such parties in understanding our End Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the ODG Service. More specifically, we intend to aggregate and use operational performance data and usage trends of the ODG Products for business and marketing purposes in order to publicly demonstrate the benefits of the ODG Products in any and all use scenarios.

V. ODG’s Opt-in/Opt-out Policy

You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the ODG Service. By providing an email address to us through the ODG Service, you agree that ODG may contact you in the event of a change in the Agreement, including this Privacy Policy, to provide you with any service related notices, or to provide you with information about ODG Products, events, invitations, or related information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by an End User to submit or receive information, as the case may be. We currently provide the following “Opt-Out Opportunities”:

• 1. At any time, you can follow a link or the instructions provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from ODG to unsubscribe from the ODG Service.

• 2. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at info@osterhoutgroup.com or by writing to us at the address given at the end of this Privacy Policy.

We may also allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in the End User account functionality on the ODG Service.

Please be aware that if you “opt-out” of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that time period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the ODG Service and please note that ODG always reserves the right to contact you in the event of a change in the Agreement, including this Privacy Policy, or to provide you with any Service related notices.

California Users. In addition to the ability to utilize the Opt-Out Opportunities described above, California Users may have the right to request certain disclosure information annually from ODG. Such disclosure requests should be directed to: Osterhout Group, Inc., 153 Townsend Street, Suite 570, San Francisco, California 94107. For more information, please reference the Cal. Civ. Code § 1798.83, available at http://oag.ca.gov/privacy/privacy-laws. In addition, if you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

VI. Changing or Deleting Your Information

You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page on the ODG Service. If you wish to access or amend any other Personal Information we hold about you, or to request that we delete any information about you that we have obtained from you, you may contact us at info@osterhoutgroup.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate business reason to do so.

VII. Third Party Service Providers, Links to other Sites, and Third Party Advertising

This Privacy Policy applies only to the ODG Service. This Privacy Policy does not apply to any websites or Apps managed, maintained, developed and/or hosted by third parties not directly affiliated with ODG that you may access, use, or visit, e.g., via a link provided through the ODG Site or on a website maintained by any third party. ODG does not control the privacy policies of other websites to which we may provide hyperlinks or third party developed Apps which are made available to you through the ODG Service. We cannot be responsible for the privacy practices or the content of such non-ODG websites or Apps, and we do not control the practices of any of the third party websites, third party Apps, or service providers to whose sites we link. We encourage you to learn more about the online privacy and data security policies of third party websites or third party Apps directly from such third parties, as their policies may differ from ours.

VIII. Social Media Sites

ODG operates and maintains social media networking pages on websites such as Facebook, Twitter, and LinkedIn. ODG will, from time to time, import comments and posts from these third-party websites to the ODG Site or other part of the ODG Service. If you post to any of ODG’s social networking pages on third-party websites, you are providing information to the public and do so at your own risk. Further, ODG may use these postings on its ODG Site or other part of the ODG Service without notice or compensation to you, and ODG may edit, modify, or delete these postings in its sole discretion. Please visit the privacy policies of any third party websites before posting to ODG’s pages there.

IX. International Transfer

By accessing and using the ODG Service, you acknowledge and agree that ODG controls and operates all parts of the ODG Service from its offices in the United States of America and that the ODG Service is intended for use by End Users located in the United States of America. Unless expressly stated to the contrary, ODG makes no representation that the ODG Service is appropriate or will be available for use in other locations.

If you access the ODG Service from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.

Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the ODG Service. By providing any information, including Personal Information, on or to the ODG Service, you consent to such transfer, storage, and processing. X. Security and Privacy Settings

We are very concerned with safeguarding your information. We employ administrative, physical, technical, and electronic measures designed to protect your information from unauthorized access. For example, we use commercially reasonable security measures such as encryption, firewalls, and secure socket layers (SSL) to protect End User information. For your benefit and the benefit of others, we encourage you to use strong password protection for your ODG ID.

Please note that no security system is impenetrable. Accordingly, we do not guarantee the security of our databases, nor that information you supply won't be intercepted while being transmitted to us over the Internet or other network. Any information you transmit to ODG you do at your own risk. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the ODG Service in the most expedient time possible and without unreasonable delay, as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Although we may allow you to adjust your privacy settings to limit access to certain Personal Information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the ODG Service. Additionally, we cannot control the actions of other End Users with whom you may choose to share your information. Further, even after information posted on the ODG Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the ODG Service. We cannot and do not guarantee that information you post on or transmit to the ODG Service will not be viewed by unauthorized persons.

XI. Children’s Privacy

Protecting the privacy of young children is especially important. The ODG Service is not directed to children under the age of thirteen (13), and we do not knowingly collect Personal Information from children under the age of thirteen (13) without obtaining parental consent. If you are under thirteen (13) years of age, then please do not use or access the ODG Service at any time or in any manner. If we learn that Personal Information has been collected on the ODG Service from persons under thirteen (13) years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information and may terminate your access to or use of the ODG Service (or any portion, aspect, or feature of them). If you are a parent or guardian and discover that your child under thirteen (13) years of age has obtained an account on the ODG Service, then you may alert us at info@osterhoutgroup.com and request that we delete that child’s Personal Information from our systems.

Note that if you are a developer and have agreed to our Developer Agreement and Developer Policies, you must be at least eighteen (18) years of age.

XII. Changes and Updates to this Privacy Policy

We encourage you to periodically review our Privacy Policy to be sure you are familiar with the most current version.

We may update our Privacy Policy from time to time. If we modify the Privacy Policy, we will make it available through the ODG Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the ODG Service for the first time after such material changes are made. Your continued use of the ODG Service after the revised Privacy Policy has been posted throughout the ODG Service indicates that you have read, understood and agreed to the current version of the Privacy Policy.

XIII. Contacting Us.

Please contact us with any questions or comments about this Privacy Policy, your Personal Information, our use and disclosure practices, or your opt-in/opt-out choices by email at info@osterhoutgroup.com; via physical mail to Osterhout Group, Inc., 153 Townsend Street, Suite 570, San Francisco, California 94107, or via telephone at (415) 644-4000.