Privacy Policy

GHValens LLC for itself and its divisions, subsidiaries and affiliates] (“we” or “us” or “our”) take seriously the issue of safeguarding your privacy. The following privacy policy (this “Privacy Policy”) applies to the web site located at http://ghvalens.com and the online services provided by us through the web site (collectively, the “Site”), unless otherwise stated herein. The purpose of this Privacy Policy is to inform you (“you” or “your”) about the types of information we gather about you, how we may use that information, with whom it is shared, what choices you have regarding our use of your information and how you may access information you provide to us.

YOUR USE OF THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND THE PRACTICES AND TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH OR ACCEPT THIS PRIVACY POLICY OR ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN OR ANY POSTED GUIDELINES OR RULES, PLEASE DO NOT USE THE SITE.

WE RESERVE THE RIGHT TO CHANGE OR REVISE THIS PRIVACY POLICY AT ANY TIME BY POSTING CHANGES, REVISIONS OR A NEW PRIVACY POLICY WITH THE DATE OF LAST MODIFICATION/POSTING NOTED ABOVE. THEREFORE, WE ENCOURAGE YOU TO REFER TO THIS PRIVACY POLICY ON AN ONGOING BASIS SO THAT YOU UNDERSTAND OUR POLICY AND ARE AWARE OF ANY CHANGES.

YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES OR REVISIONS TO, AND ANY REPLACEMENT OF, OUR PRIVACY POLICY. In addition to reviewing this Privacy Policy, please read the Terms of Use posted on this Site. Your use of this Site constitutes agreement to its terms and conditions as well.

INFORMATION COLLECTION AND USE

Non-Personal Information
When visitors come to the Site, we may collect information that is non-personally identifiable information or technical information that, by itself, cannot be used to identify or contact you. Examples of this type of information include the type of Internet browser or computer operating system you use, demographic information (i.e., your age, gender, income, education, profession or zip code), the date and time you visited the Site, the pages you accessed, the name of the web site from which you linked to the Site, employment status, county of residence, country of birth, job title, your business interests and other anonymous data. We also may ask for additional information which you have the option not to provide. We may use non-personally identifiable information to analyze trends, to gather broad demographic information for aggregate use and for marketing and promotional purposes. We may provide statistical information based on this data to affiliates, and other current and potential business partners and may use the aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their web sites. Non-personally identifiable information is not linked to any personally identifiable information.

Personal Information
We may collect personal information in various contexts, and in various areas of the Site, such as when you contact us, register to use the Site, sign-up for mailing lists, provide comments, submit RFPs, or participate in contests, sweepstakes, promotions or Interactive Areas (“Interactive Areas” include user galleries, blog comment posting areas or bulletin boards), we may request that you provide us with certain personally identifiable information such as your first name and last name, e-mail address, personal phone number, cell phone number, postal address, work telephone number, company or employer name or other information from which your identity is discernible. If you do not want your personally identifiable information collected, please do not submit it to us. Please keep in mind that if you do not submit personally identifiable information that is requested of you, you may be unable to access certain locations and features on the Site. When you provide us with personally identifiable information, we may use that information to better understand your needs and for the purpose of operating and improving the Site and our service offerings, and your user experience. We may also use that information to contact you, for example, to answer a question or respond to a comment you have submitted, distribute our newsletters and allow participation in Interactive Areas. We will not sell your personally identifiable information to any third party. However, as explained further in the Information Sharing section of this Privacy Policy, your personally identifiable information may be transferred to a third party in connection with a transfer or sale of any of our business or its assets or as part of a merger with a third party.

When you register, you may choose to “opt out” of receiving promotional materials from us and/or our affiliates, or other business partners. If you do not opt-out of receiving such promotional materials, we reserve the right to release any personally identifiable registration information regarding you to third parties who provide goods or services that we believe may be of interest to you. If you decide that you would like to discontinue receiving promotional information, please contact third parties directly or follow the directions below set out in the “E-MAIL COMMUNICATIONS” section below to opt-out.

Career Center
Our posting of jobs or your submission of a resume to us shall not mean that you are considered an applicant for a job nor shall it be deemed the offer of a job to you.  You are not considered an applicant until you have been contacted by an HR representative. Then, you may be asked to come in and fill out an employment application and/or begin the employment process involving an interview or job related testing.  We make no representations or warranties that the job postings remain accurate or available.  We may post and accept employment information, whereby you can also submit inquiries via an email form, submit a resume in consideration for a position of employment.  We will not be responsible or otherwise liable for any use or disclosure of your submitted contact or personal information as permitted by applicable law.

Cookies
We may use “cookies” – small pieces of data or text files sent by a web server that are stored on your computer. Cookies contain information that can later be read by a web server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies can store non-personally identifiable information, such as what web sites, pages, or advertisements your browser has accessed and may be tied to the personal information you knowingly choose to provide to us. Cookies help establish a user session and allow our web servers to correctly provide Site users with the appropriate information and services.

We may use two types of cookies – session cookies and persistent cookies – to enable us to collect information on the usage patterns of the Site, such as what areas of the Site are visited most often, so that we can tailor the Site to user preferences. Session cookies exist only for as long as your Internet browser remains open. When the session ends, the Internet browser is closed and the cookies go away. Persistent cookies, in contrast, last from visit to visit. Persistent cookies are saved on a visitor’s computer by the Internet browser and do not go away when you exit your Internet browser.

Most Internet browsers can be set to refuse to accept cookies, although this may affect your Internet experience, including your use of the Site. You can also erase cookies that are already on your computer, block all cookies or receive a warning before a cookie is stored. Please refer to your Internet browser instructions or “help” screen to learn more about these functions. If you choose to have your Internet browser refuse cookies, the Site may not function properly for you.

E-MAIL COMMUNICATIONS
We may send communications to you regarding our services, products, the Site or otherwise. If you send us an e-mail with questions or comments, we may use the personal information you provide to respond to your questions or comments, and we may save your questions or comments for future reference or we may discard the information. There may be times when you will have the opportunity to subscribe to an e-mail list or electronic newsletter that will send information about the Site. We limit our own e-mail solicitations to those customers or mailing list subscribers who have not “opted out” of receiving such communications. You have the ability to change your preferences and opt-out of receiving such communications by updating your account information to reflect your desire not to receive such communications, by sending an e-mail to Unsubscribe@GHValens.com, or by clicking the “unsubscribe” link which is included at the bottom of our e-mail communications and hitting send. If you are contacting us by e-mail to unsubscribe, please insert “UNSUBSCRIBE” in the e-mail subject line and the body. If you unsubscribe, you should assume that your request has been received and is being processed. Please allow ten (10) business days from when we receive your request to complete the removal of your e-mail address from our database.

INFORMATION SHARING
Though we make every effort to preserve user privacy, we may need to disclose information, including, without limitation, your identity, as required by law, rule or regulation or where we have a good-faith belief that such action is necessary to protect our rights and/or to comply with a judicial proceeding, court order, as requested by a governmental or law enforcement authority or other legal process. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We reserve the right to report any suspected illegal activity to law enforcement for investigation or prosecution. In addition, we also reserve the right to use or disclose non-personal information in any way we see fit.

If we sell our assets (or the assets of a division or subsidiary) to another entity or if we are acquired by or merged with another entity, you agree that without obtaining your consent we may provide and transfer to such entity information of users of the Site, including your personal and non-personal information, that is related to that part of our business that was sold to or merged with the other entity.

CERTAIN THIRD PARTY TRANSACTIONS
We may disclose personal information to our affiliates, subsidiaries, partners, contractors and permitted agents who assist us in providing services in connection with this Site and our business. We also allow access to our database by third parties we engage to assist us in providing you certain services. For example, we may hire a company to help us with technical maintenance. We may also use a third party to facilitate our online services or conduct surveys on our behalf. In these instances, we may need to share your personal information. We require these companies use your personal information only to provide that particular product or service and do not authorize them to use your personal information for any other reason. In addition, if some or all of the assets of our business are sold to a third party, such third party will be entitled to use the information disclosed by users of our Site. Both the personal and non-personal information that we or other third parties have collected may be transferred as part of the transaction.

SECURITY
Our Site has reasonable security measures in place to protect against the loss, misuse and alteration of information under our control. We safeguard the security of the data you send us with physical, electronic, and other procedures. However, it is not possible to guarantee the security or integrity of information disclosed online. As no data transmission over the Internet is completely secure, we urge you to take every precaution to protect your personal data when you are on the Internet. Because no physical or electronic security is impenetrable, by using the Site or e-mailing information to us, you agree to assume all risk in connection with the information sent to us or collected by us when using the Site.

ACCESS TO AND MODIFICATION OF YOUR INFORMATION
If you are a registered user of our Site, you may edit your personal information, or remove your profile entirely from our database by contacting our customer support at GHV@GHValens.com. We recommend that you do not divulge your Username and Password to anyone. We will never ask you for your Username and Password in an unsolicited phone call or in an unsolicited e-mail. Also, please remember to sign out of your account and close your browser window when you have finished your work.

If you would like to have your personally identifiable information removed from our database, please contact us at GHV@GHValens.com and we will use reasonable efforts to comply with your request. Your account can be deactivated, but doing so will result in not being able to access any account holders-only area of the Site. Please keep in mind, however, that there will be residual information remaining in our databases, access logs, and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes.

LINKS TO THIRD PARTY WEB SITES
The Site may contain links to other Internet web sites, including co-branded or other affiliated web sites and third party service providers, which may or may not be owned or operated by us. Unless otherwise explicitly stated on the Site, we are not responsible for the privacy practices or the content of such web sites, including information collected when visitors to the Site click through links to those web sites. We encourage you to be aware when you leave the Site and to read the privacy statements of other web sites, including every web site that collects personally identifiable information. Unless otherwise so-stated, this Privacy Policy applies solely to information collected by the Site and does not cover information collected elsewhere.

CALIFORNIA PRIVACY RIGHTS

California Shine the Light Law
Pursuant to California Civil Code Section 1798.83, a California resident who has provided personal information to a business with whom he/she has established a business relationship has the right to request from that business information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, the business is required to provide a list of all third parties to whom such personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed, upon receipt of a request by a California resident. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right. As described in this Privacy Policy, we do not disclose such personal information to third parties for its direct marketing purposes without consent.

California Consumer Privacy Act
The California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 – 1798.199 (CCPA) gives California consumers certain rights regarding their personal information. For purposes of the CCPA, the Privacy Policy applies to our privacy practices both online and offline.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. You may request (i) the categories of personal information we collected about you; (ii) the categories of sources for the personal information we collected about you; (iii) our business or commercial purpose for collecting that personal information; (iv) the categories of third parties with whom we shared that personal information; and (v) the specific pieces of personal information we collected about you.

You have the right to request that we delete your personal information we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete your personal information from our records, unless an exception applies. We may deny your request if retaining the information is necessary for us to: (i) complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; (ii) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities; (iii) debug products to identify and repair errors that impair existing intended functionality; (iv) exercise free speech, ensure the right of another party to exercise their free speech rights, or exercise another right provided for by law; (v) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (vi) comply with a legal obligation; or (vii) make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise your CCPA rights, please submit a request to us by either calling us at 800-407-7104 or by sending an email to GHV@GHValens.com.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request regarding your personal information. The request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it. We may need to contact you to request additional information in order to verify you are the person about whom we collected personal information or that you are an authorized representative. We will not use any information provided as part of a request, including any contact information you provide or that we request in order to respond to or verify a request, for any purpose other than to respond to or verify your request.

We will make an effort to respond to your request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing either by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period before our receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We will not discriminate against you for exercising any of your CCPA rights by (i) denying you goods or services; (ii) charging you a different price or rates for goods or services; or (iii) providing you a different level of quality of goods or service.

We have not sold personal information in the preceding 12 months.

For additional information regarding your rights under the CCPA, or how to exercise them, you may contact us at GHV@GHValens.com.

NON-U.S. RESIDENTS
Residents of countries outside the U.S., such as in the European Union, may have other rights. [While you may be able to setup an account as a user outside the U.S., we make no assurances or representations of any kind that the Site is suitable for use in the country in which you reside.]

By accessing the Site, establishing an account or conducting any other transaction, you consent to the processing of your personal information as provided in this Privacy Policy. You may withdraw that consent by contacting us at GHV@GHValens.com.

You are required to provide certain personal information in order to open and maintain an account. Your failure to provide such information may preclude you from establishing an account or may subject your account to termination. An account may be required to make certain types of online transactions, as a guest option is not always available across all of our Site.

If at any point you believe the personal information we process about you is incorrect, you may access your account and modify it there, or otherwise request to see the information and to have it corrected or deleted by contacting us at GHV@GHValens.com. If you wish to object to or raise a complaint on how we have handled your personal information, you may contact Joel Getzler at jgetzler@ghvalens.com  who will investigate the matter. You may also be able to have your personal information transferred by contacting us at mbianco@ghvalens.com.

If you are not satisfied with our response or believe we are processing your personal information not in accordance with law, you may complain to the data protection authority in your jurisdiction.

The data controller for personal information collected pursuant to this Privacy Policy is GHValens LLC.

Our Data Protection Officer is Joel Getzler and you may contact him at jgetzler@ghvalens.com.

Children’s Personal Information
This Site is intended for adult users only. Consistent with Children’s Online Privacy Protection Act of 1998, we do not knowingly collect or maintain personal information from children under the age of thirteen (13) without prior written verifiable consent. If we learn that personally identifiable information of persons under thirteen (13) years of age has been collected on the Site, we will take the appropriate steps to delete that information.

PROMOTIONS
If and when we sponsor promotions, or third parties sponsor promotions in conjunction with us, either we or the third party will post relevant privacy information in the official rules and/or registration area for the promotion. That privacy information, to the extent it conflicts with this Privacy Policy, will govern that particular promotion.

IRS CIRCULAR 230 DISCLOSURE
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained on this Site or in any communication, such as email (including any attachments), newsletter or featured article is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

HOW TO CONTACT US
If you have any questions or suggestions regarding this Privacy Policy, or if you have submitted personally identifiable information through the Site and would like access to such information or to have that information corrected, please contact our webmaster, who may be contacted at:

Postal address:
295 Madison Avenue
20th Floor New York, NY 10017
Attention: Mary Ellen Bianco

E-mail:  mbianco@ghvalens.com

GOVERNING LAW AND JURISDICTION
All matters relating to this Privacy Policy and your access to, and use of, the Site shall be governed by the internal laws of the State of New York in the United States without regard to its principles of conflict of laws. You agree to the personal and exclusive jurisdiction of the federal or state courts located in New York County in the State of New York.