RIGHTS GUARANTEED

Data Rights & Requests

Last updated: May 8, 2024

1. Introduction

At Optave, we recognize the importance of your privacy. We’re committed to protecting the information we collect from you and adhering to applicable data protection and privacy laws.

  • Under GDPR, EEA, Switzerland and UK residents have certain rights concerning personal data: Right to Access, to Data Portability, Rectification, Objection, Restrict Processing, Erasure, Lodge a Complaint, Refuse or Withdraw Consent, and to Not be Subject to Automated Decision-making as described below.
  • Under CCPA, California residents have these rights: Right to Know, Delete, Correct, and Opt out of Sale or Sharing of data as described below.
  • Under Multi-State Privacy Statement, Virginia, Connecticut and Colorado residents have these rights concerning personal data: Confirmation/Access, Deletion, Correction, Opt Out of Sale, Opt Out of Targeted Advertising.
  • Under LGPD, Brazilian residents have the following rights concerning personal data: Right to know if we process your personal information, to Correct, Removal of unnecessary, excessive or unlawful uses of your information, Right of Data Portability, Deletion, Refuse and revoke consent.
  • Under PIPEDA, Canadian residents have these rights concerning personal data: Right to Know, Correct, Access, Delete, and the ability to Challenge Compliance as described below.
  • Under APPI, Japanese residents have the following rights concerning personal data: Right to know the use of their personal information, Disclosure, Correction, Deletion, Refuse and Opt-Out of Third Party Provision.
  • Under POPIA, South African residents have the following rights concerning personal data: Right to Access, Correction, Deletion, Object to the Processing, Complain to the Information Regulator, Not to be Subject to Automated Decision-making, Right to Data Portability and Withdraw Consent as described below.
  • Under PIPA, South Koreans individuals have the following rights concerning their personal data: Right to Access, Right to Data Portability, Right to Rectification, Right to Objection, Right to Restrict Processing, Right to Erasure.
2. Right to Access

You have the ‘Right to Access’, which means you can request a copy of the personal data we hold about you across various regions. Under GDPR (EEA, Switzerland, UK), CCPA (California), PIPEDA (Canada), LGPD (Brazil), APPI (Japan), PDPA (Singapore), POPIA (South Africa), PIPA (South Korea) and under Multi-State Privacy Statement (Virginia, Connecticut, Colorado), this is often referred to as a Subject Access Request. We will provide this information free of charge, and usually within one month of your request. Please note that in certain circumstances, such as if the request is complex or numerous, the period may be extended by two further months. 

3. Right to Rectification / Right to Correct ("Correction")

If you believe that any personal data we hold about you is incorrect or incomplete, you have the ‘Right to Rectification’ or ‘Right to Correct’ across various regions including under GDPR (EEA, Switzerland, UK), CCPA (California), PIPEDA (Canada), PIPA (South Korea), LGPD (Brazil), APPI (Japan), PDPA (Singapore), POPIA (South Africa), and under Multi-State Privacy Statement (Virginia, Connecticut, Colorado). This right allows you to request that we correct or supplement such data. We will typically address your request within one month of receipt. 

4. Right to Erasure ("Right to be Forgotten") / Right to Delete ("Deletion")

Under certain circumstances, you have the ‘Right to Erasure’, often referred to as the ‘Right to be Forgotten’, or ‘Right to Delete’. This right, applicable under GDPR (EEA, Switzerland, UK), CCPA (California), PIPA (South Korea), LGPD (Brazil), APPI (Japan), PDPA (Singapore), POPIA (South Africa), and under Multi-State Privacy Statement (Virginia, Connecticut, Colorado), means you can request that we delete or remove your personal data where there’s no compelling reason for us to continue processing it.

We will generally address such requests within one month of receipt. This is not an absolute right and will apply only in certain circumstances, such as when the data is no longer necessary in relation to the purpose for which it was originally collected, or if you withdraw consent on which the processing is based and where there is no other legal ground for processing.

5. Right to Restrict Processing / Removal of uses ("Purpose Limitation")

You have the ‘Right to Restrict Processing’, also known as ‘Purpose Limitation’ or ‘Removal of uses’. This right is recognized under GDPR (EEA, Switzerland, UK), CCPA (California), LGPD (Brazil), APPI (Japan), PIPA (South Korea), PDPA (Singapore), POPIA (South Africa), and under Multi-State Privacy Statement (Virginia, Connecticut, Colorado). It means you can request that we limit the way we use your personal data. It’s an alternative to requesting the erasure of data, and might be used when you contest the accuracy of your personal data and we’re verifying the information, or if you want us to retain your personal data for the establishment, exercise, or defense of legal claims even though we no longer need it for providing our services. 

6. Right to Data Portability

You have the ‘Right to Data Portability’. This right, recognized under GDPR (EEA, Switzerland, UK), CCPA (California), PIPA (South Korea), LGPD (Brazil), and POPIA (South Africa), allows you to obtain and reuse your personal data for your own purposes across different services. This might include moving, copying or transferring personal data easily from one IT environment to another in a safe and secure manner, without affecting its usability. When you make such a request, we will provide your personal data to you in a structured, commonly used, and machine-readable format. 

7. Right to Object / Opt out of Targeted Advertising

You have the ‘Right to Object’, which includes the ability to ‘Opt out of Targeted Advertising’. This right is recognized under GDPR (EEA, Switzerland, UK), CCPA (California), LGPD (Brazil), APPI (Japan), PIPA (South Korea), PDPA (Singapore), POPIA (South Africa), and under Multi-State Privacy Statement (Virginia, Connecticut, Colorado). This means you can object to the processing of your personal data in certain circumstances, including but not limited to, direct marketing, targeted advertising, or for purposes of scientific or historical research and statistics. When you make such an objection, we will cease such processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or where the processing is necessary for the establishment, exercise, or defense of legal claims. 

8. Right to not be subject to Automated Decision Making and Profiling


You have the ‘Right to not be subject to Automated Decision Making and Profiling’. This right, recognized under GDPR (EEA, Switzerland, UK), CCPA (California), and POPIA (South Africa), means you can choose not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or significantly affects you. Exceptions can be made under certain circumstances, such as if the automated decision is necessary for entering into or performing a contract with you, is authorized by law, or if you have given your explicit consent. When you exercise this right, we will ensure that there are proper safeguards in place to protect your rights and freedoms and legitimate interests.

9. Right to Lodge a Complaint

You have the ‘Right to Lodge a Complaint’. This right, recognized under GDPR (EEA, Switzerland, UK), CCPA (California), PIPEDA (Canada), LGPD (Brazil), APPI (Japan), PDPA (Singapore), POPIA (South Africa), and under Multi-State Privacy Statement (Virginia, Connecticut, Colorado), allows you to make a complaint about how we handle or process your personal data to your national or state data protection regulator.

10. Right to Know / to Confirm

Under GDPR (EEA, Switzerland, UK), you have the right to request a ‘Categories Report’, which includes information about the categories of personal data collected, sources of collection, purposes, categories of third-party disclosures, and disclosure purposes. Additionally, you can request a ‘Specific Pieces Report’, which provides details about the specific personal data collected about you.

Under LGPD (Brazil), you have the right to know if we process your personal information. This involves confirming whether there is processing of your personal data and, if so, to access these data.

Under the Multi-State Privacy Statement (Virginia, Connecticut, Colorado), as well as under CCPA (California), PIPEDA (Canada), APPI (Japan), PDPA (Singapore), and POPIA (South Africa), you can request to confirm whether we process your personal data and, if so, to what extent and for what purpose we are processing your data.

11. Right to Opt out of Sale or Sharing

You have the ‘Right to Opt out of Sale or Sharing’ of your personal data. This right is recognized under CCPA (California) and under Multi-State Privacy Statement (Virginia, Connecticut, Colorado). It allows you to request that we stop selling or sharing your personal data with third parties for their own direct marketing uses. Please note that the specific conditions and definitions of ‘sale’ and ‘sharing’ can vary based on local legislation. When you exercise this right, we will respect your request and stop selling or sharing your personal data, unless otherwise permitted by the law

12. Right to revoke consent

You have the ‘Right to Revoke Consent’. This right is recognized under GDPR (EEA, Switzerland, UK), LGPD (Brazil), and PIPEDA (Canada). This means that if you have previously given consent for the processing of your personal data, you have the right to withdraw that consent at any time. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Note that once consent is withdrawn, we may not be able to provide certain services or products to you.

13. Right to challenge compliance

You have the ‘Right to Challenge Compliance’. This right, recognized primarily under PIPEDA (Canada), allows you to question the compliance of our data handling practices with respect to applicable privacy laws. If you believe that we are not following the relevant regulations, you can raise a challenge.

14. Right to Refuse and opt-out of third party provision

Under APPI, you have the right to request business operators to cease the provision of your personal data to third parties. You can control the dissemination of your personal data and, if this right is exercised, the business operator is generally required to stop providing your personal data to third parties. Exceptions can apply if the provision of data is required by law or necessary for the protection of someone’s life, health, or property.

However, please note that our services are dependent on certain third-party providers. Therefore, if you exercise this right, it will result in the interruption or cessation of our services to you as we may not be able to provide these services without sharing your personal data with our third-party providers.

15. Exercise these Rights

To exercise any of these rights, please fill the form below or contact our Data Protection Officer at [email protected]. In both cases, we’ll need to confirm your identity before processing the request.

We’re here to help, and we’re committed to upholding your rights and keeping your personal data secure. We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.

Verification: In order to handle certain data protection requests, we may require verification by obtaining information from you to locate your records or confirm your identity, depending on the nature of the request. Typically, we will ask for details such as your name, email address, or other relevant information. If you submit a “Specific Pieces Report” under the Right to Know, we may additionally request a signed declaration, stating that you are indeed the person you claim to be and that you reside in California, with the understanding that providing false information could lead to legal consequences. In certain situations, we may also seek alternative information or seek assistance from third-party services to ensure the verification of your identity.

Timeframe for response: We will process Right to Opt Out of Sale or Sharing requests within fifteen business days from the date we received the request. We’ll respond to any other data request without undue delay and, in any event, within one month of receiving the request.  This timeframe can be extended by a further two months if necessary, considering the complexity and number of requests, in which case we will notify you.

Limits to your Privacy Rights and Choices. Please note that these rights are not absolute, and limitations/exceptions may apply in some cases. For instance, when fulfilling your request could infringe upon the rights of others, hinder our ability to deliver a service you’ve requested, or impede our ability to comply with our legal obligations and enforce our legal rights. If you’re dissatisfied with our handling of your request, you can file a complaint by contacting us as detailed in the “Contact Us” section below. Depending on your location, you might have the right to complain to a data protection regulator where you live or work, or where you believe a breach has taken place.

No fees: You will not have to pay any fees to access your personal information or to exercise any of the rights described at this Statement. 

Appeals. Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights under applicable local law. To appeal a decision, please send your request to [email protected]

#500, 602 12 Ave SW, Calgary AB – Canada, T2R 1J3
Optave AI Solutions Inc. 

Your trust is important to us. We promise to handle your personal data responsibly and with the utmost care.