The document that follows this paragraph is a license agreement that accompanies all of our Mac applications. We put it here so people could check it out before downloading the app in the first place.

Why do we need such a thing? Well, to be perfectly honest, our lawyers have told us that we need to protect ourselves. We at the Omni Group pride ourselves on our low-key style, but the global nature of the software business means that one lawsuit from one user in a far-flung jurisdiction could seriously affect us and our ability to provide software. It also means that, without this license agreement, we might not have protection from people who misuse our software. We do not want to risk our entire company on such possibilities, however unlikely, because we like doing what we do and want to continue to be able to do it. And, so, we require you to read and agree to the terms of this document before using our software. We think you will find it quite reasonable. Obviously, if you disagree, click “Disagree.” But don’t just stop there. Let us know. Send some email to info@omnigroup.com telling us what you find unacceptable about our license agreement. We can’t promise to change anything, but we will do our best to get back to you.

END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT (“License Agreement”) IS A LEGAL AGREEMENT between you (either an individual or an entity) and Omni Development, Inc. (“the Omni Group,” “we,” or “our”). By clicking on the “Agree” button or installing, using, or benefiting from the Software (as defined below), you are agreeing to be bound by the terms and conditions of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not click on the “Agree” button and you may not access or otherwise use or benefit from the Software in any manner. The terms and conditions of this License Agreement also apply to any updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items. If so, those terms apply.

1. Grant of Limited License; Conditions.

Any license granted to you herein is conditioned on your compliance with the terms and conditions contained in this License Agreement.

(a) Downloaded Software and Software on Media. The Omni Group grants to you a non-exclusive, nontransferable, limited license to install and use the Omni Group software program downloaded or contained on other media (the “Software”). The license permits either (a) multiple users to install and use the Software on a single machine; or (b) a single user to install and use the Software on multiple machines. However, a single license does not allow multiple users to ever use Software on multiple machines, regardless of whether such use is concurrent.

(b) Online Subscription Software. If available and you licensed the Software on an online subscription basis (a “Subscription”), the Omni Group grants to you a non-exclusive, nontransferable, limited license to use and access the Software for the Subscription period for which you have paid the applicable Subscription fees, solely for your own internal business purposes, subject to the terms of this License Agreement and any other terms and conditions accompanying such Software. If any Subscription-based Software is licensed on a “named user” basis, rights of any user licensed to utilize the Software cannot be shared or used by more than one individual. In addition, a “named user” license may not be transferred from one individual to another unless the original user no longer requires, and is no longer permitted, access to the Software. You may have the option to extend your Subscription or convert to a perpetual license. If you extend your Subscription, you may continue using the Software until the end of your extended Subscription period. See the Software activation screens or other accompanying materials for Subscription details. After the expiration of your Subscription, features of the Software will stop running.

2. Reservation of Rights and Ownership.

The Omni Group reserves all rights not expressly granted to you in this License Agreement. The Software is licensed, not sold. The Omni Group, its affiliates, and their suppliers own and retain all right, title, and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein, and the Software is protected by United States copyright laws and other intellectual property laws and international treaty provisions. Among other things, copyright laws prohibit you from making derivative works of the Software. You may, however, make copies of the Software solely for your individual and personal use on multiple computers, provided that you include all copyright and proprietary rights notices on any copies. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this License Agreement. To the extent you provide any comments or suggestions to the Omni Group (“Feedback”), the Omni Group shall have the right to retain and use any such Feedback regarding the Software in current or future software, products, or services, without further compensation to you and without your approval.

3. Other License Restrictions.

(a) You may modify, reverse-engineer, decompile, or disassemble the Software. However, you may not do so for the purpose of: (i) creating derivative works, or (ii) circumventing any of the terms of this License Agreement or any other provision of law.

(b) You may not claim that the Software, in whole or in part, is yours, and you may not use the name the Omni Group or Omni Development (or any of their suppliers’) or any of their respective logos or trademarks in any manner without first obtaining the prior written permission from an authorized representative of the Omni Group.

(c) You must use the Software at all times in a manner that is consistent with any other software licenses granted to you by other companies that have provided software for your computer. For example, if the Software is designed to be used with the macOS operating system, you may not use the Software in a manner inconsistent with the applicable macOS license agreement between you and Apple, Inc.

(d) You may not rent, make available, loan, sublicense, or lease, with or without consideration, the Software to third parties. You further may not use the Software to act as a service bureau or application service provider or use the Software for commercial software hosting services. In addition, you may not publish the Software for others to copy or use the Software in any way that is against the law.

4. Limited Refund and Warranty; Disclaimers and Limitation of Liability.

(a) The Omni Group provides a thirty (30) day money-back guarantee on the Software. If you are dissatisfied with the Software for any reason, the Omni Group will refund your purchase price paid if you uninstall the Software and delete all copies of the Software within thirty (30) days of the date of the original purchase by the original user. THESE ARE YOUR ONLY REMEDIES WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, AND/OR SERVICES. EXCEPT FOR THE FOREGOING THE SOFTWARE, ANY DOCUMENTATION, AND ANY SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND. EXCEPT FOR ANY WARRANTY CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, THE OMNI GROUP, ITS AFFILIATES AND THEIR SUPPLIERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, GUARANTEE, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, AVAILABILITY, SECURITY INTEGRATION, CUSTOMER DATA, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK ARISING OUT OF THE USE OR RESULTS OBTAINED FROM THE SOFTWARE, DOCUMENTATION AND/OR SERVICES REMAINS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE OMNI GROUP, ITS AFFILIATES AND THEIR SUPPLIERS MAKE NO WARRANTY REPRESENTATION AND/OR GUARANTEE THAT THE SOFTWARE, DOCUMENTATION, AND/OR SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS. YOU (AND NOT THE OMNI GROUP, ITS AFFILIATES OR THEIR SUPPLIERS) ASSUME THE ENTIRE RISK AND COST RELATED TO OR ARISING OUT OF THE SOFTWARE, DOCUMENTATION, AND/OR SERVICES.

(b) IN NO EVENT SHALL THE OMNI GROUP, ITS AFFILIATES OR THEIR SUPPLIERS OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF ANY PART OF THE SOFTWARE, DOCUMENTATION AND/OR SERVICES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, OR FOR LOSS OF BUSINESS INFORMATION, ARISING OUT OF THE USE OF OR THE PERFORMANCE OF THE SOFTWARE, DOCUMENTATION AND/OR SERVICES OR THE INABILITY TO USE THE SOFTWARE, DOCUMENTATION AND/ OR SERVICES AND OTHER INFORMATION PROVIDED TO YOU BY THE OMNI GROUP, OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION. This exclusion and limitation shall apply even if any remedy fails of its essential purpose.

Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you downloaded or otherwise received the Software.

(c) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE CUMULATIVE LIABILITY OF THE OMNI GROUP, ITS AFFILIATES AND ANY OF THEIR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING ANY PROVISION OF THIS LICENSE AGREEMENT), TORT, OR OTHERWISE, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE GREATER OF DIRECT DAMAGES IN THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE AND/OR SERVICES OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THE OMNI GROUP, ITS AFFILIATES AND ANY OF THEIR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

5. Fees.

By clicking “Agree” or using or accessing the Software, you also represent that you are responsible for and have paid the Omni Group any and all applicable license fees for the Software unless the Omni Group has made available a version of the Software on a trial or evaluation basis for no fees, in which case, no fees are required for such trial or evaluation Software. If available and you licensed the Software on a Subscription basis, you agree to pay timely such fees throughout the Subscription period. You must keep all information in your billing account accurate and current, including your billing address and any expiration date for your payment method. Accounts that have an invalid payment method at the time of renewal will be suspended.

6. Your Warranty to the Omni Group.

You warrant that all individuals having access to and/or using the Software will observe and perform all the terms and conditions of this License Agreement. You shall use all reasonable efforts to see that employees, agents, or other persons under your direction or control who have access to and/or use the Software, Documentation, and Services abide by the terms and conditions of this License Agreement. You shall, at your own expense, promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you obtain upon agreeing to this License Agreement or any other lawful copy you have made from such copy) with your permission or while your employee or agent and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify the Omni Group in writing of any misuse, misappropriation or unauthorized use, disclosure, display or copying of the Software Documentation, and/or Services that may come to your attention. If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this License Agreement, you shall be deemed to have taken the action yourself. You agree to defend, indemnify and hold harmless the Omni Group, its affiliates and their suppliers from any and all claims resulting from or arising out of your, including any employee’s or agent’s, (a) use or misuse of the Software, Documentation, and/or Services, including without limitation, data you enter into, store, or access through the Software (“Customer Data”), (b) violation of any law or the rights of any third party, including but not limited to infringement or misappropriation of any intellectual or proprietary rights of any third party, or (c) breach of this License Agreement, including any breach of any warranty or representation you make to the Omni Group.

7. Collection and Use of Your Information.

Data collection and use, including collection and use of personal information, is governed by the Omni Group’s Privacy Policy, found at https://www.omnigroup.com/legal/privacy, which is incorporated into and is a part of this License Agreement.

8. Use of Software Services; Security; Availability.

(a) The Software may offer you access to use the Omni Group’s online services to store, access, transfer, or process Customer Data (the “Software Services”). To the extent you elect to use the Software Services, you grant the Omni Group a non-exclusive, revocable license to use Customer Data as necessary to provide the Software Services to you.

(b) The Omni Group strives to ensure the reliability and security of our Software Services but cannot guarantee that we will be successful at doing so, given the nature of the Internet. We will use commercially reasonable efforts and industry accepted methods to help ensure the reliability and security of our Software Services, but the Omni Group, its affiliates, and their suppliers are not responsible to you or any third party for unauthorized access or use, corruption, deletion, destruction or loss of your data or the unauthorized use of the Software Services. You are responsible for the use of the Software Services by any employee of yours, any person to whom you have given access to the Software Services, and any person who gains access to your data or the Software Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.

(c) You acknowledge and agree that: (i) your access to and use of the Software Services may be suspended for the period of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Software Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) the Omni Group shall also be entitled, without any liability to you, to suspend access to any portion or all of the Software Services at any time: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Software Services; (b) in the event of a denial of service attack or other attack on the Software Services or other event that we determine, in our sole discretion, may create a risk to the applicable Software Services, to you or to any of our other customers if the Software Services were not suspended; or (c) in the event that we determine that any Software Services are prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). The Omni Group, its affiliates, and their suppliers shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. The Omni Group will use commercially reasonable efforts to provide 15 days’ notice (except in emergencies) of any scheduled downtime. To the extent we are able, we will endeavor to provide notice of any Service Suspension by posting updates on our website regarding resumption of Software Services following any such suspension, but we shall have no liability for the manner in which we may do so or if we fail to do so. The foregoing is in addition to the Omni Group’s rights to terminate or suspend this License Agreement as set forth in Section 12 below.

9. Force Majeure.

In no event shall the Omni Group, its affiliates or their suppliers or anyone else involved in the creation, production, marketing, distribution, or delivery of any part of the Software, Documentation, or Software Services be responsible or liable for or deemed in breach hereof because of any delay in the performance of its respective obligations hereunder due to circumstances beyond its reasonable control, including but not limited to acts of God; weather conditions; war; terrorism in any form; riots; acts of the public enemy; requirements, actions or failures to act on the part of governmental authorities preventing performance; accidents; fire; and transportation delays or accidents. The provisions of this section are in addition to the other limitations and conditions of this License Agreement, including Section 4.

10. Export Control Laws.

You agree to comply with all laws, rules and regulations applicable to the export of the Software. In that regard, you agree not to export or transmit or download, directly or indirectly, the Software or any technical data or products received from the Omni Group except in full compliance with all U.S. Export Administration Regulations and the import/export rules of any other country. Diversion contrary to U.S. or other law is expressly prohibited. You agree to comply with all applicable export laws and regulations and the laws, regulations, and rules of any country or region which apply to any of your use of the Software, Documentation and Services. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you shall comply with the foregoing.

11. Injunctive Relief.

Because of the unique nature of the Software, you understand and agree that the Omni Group will suffer irreparable injury in the event you fail to comply with any of the terms and conditions this License Agreement and that monetary damages may be inadequate to compensate the Omni Group for such breach. Accordingly, you agree that the Omni Group will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms and conditions of this License Agreement.

12. Termination.

(a) You may terminate this License Agreement at any time.

(b) If available and you licensed the Software on a Subscription basis, the Subscription will be automatically renewed upon the expiration of the then current term, unless you log into your account and cancel your Subscription prior to the expiration date. Fees at the time of automatic renewals will be at the then-current rates for such Subscriptions.

(c) The Omni Group may immediately terminate this License Agreement if you breach any representation, warranty, agreement, or obligation contained or referred to in this License Agreement. Upon termination, you must cease using the Software and delete all copies or versions of the Software.

(d) Upon termination or expiration of any Software Services, you agree that the Omni Group may permanently dispose of or delete any Customer Data stored in the applicable Software Service without notice or any obligation or liability to you.

(e) The provisions of Sections 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, and 14 of this License Agreement shall survive termination or expiration of this License Agreement for any reason.

13. Miscellaneous.

(a) In any suit or other action to enforce any right or remedy under or arising out of this License Agreement, the prevailing party shall be entitled reasonable attorneys’ fees together with expenses and costs that such prevailing party incurs.

(b) This License Agreement shall be governed by the laws of the State of Washington, but not including the 1980 United Nations Convention on Contracts for International Sale of Goods or conflicts of law principles that would require the application of law of a different jurisdiction.

(c) Venue for any action under this License Agreement shall be limited to the federal and state courts located in Seattle, Washington, provided that the Omni Group may pursue injunctive relief in any forum in order to protect intellectual property rights. You consent to the personal jurisdiction of the courts of such venue.

(d) This License Agreement will be binding upon, and inure to the benefit of, the parties and their respective successors and assigns.

(e) The failure by the Omni Group to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

(f) This License Agreement, together with any addendum or amendment included with the Software, is the complete agreement between the Omni Group and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof; provided that if a mutually executed agreement is in place between you and the Omni Group covering the subject matter of this License Agreement, then such executed agreement will remain in full force and effect, will not be superseded by this License Agreement, and will control to the extent the terms of this License Agreement are varied or contradicted by the terms of such executed agreement between the parties. If any provision of this License Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this License Agreement will continue in full force and effect.

(g) All communications and notices to be made or given pursuant to this License Agreement shall be in the English language. This License Agreement is prepared in the English language. In the event of a conflict between the English language version and any translated version, the English language version shall govern the parties’ relationship. Any translation of this License Agreement into any other languages shall be for convenience of reference only.

(h) Neither party will issue press releases or other publicity related to the Omni Group’s relationship with you or this License Agreement without prior written approval from the other party.

14. U.S. Government Restricted Rights.

The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 48 CFR § 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights 48 CFR § 52.227-19, as applicable. Manufacturer is Omni Development, Inc., 2917 NE Blakeley St, Seattle, WA 98105-3120.

If the Commercial Computer Software Restricted Rights clause at 48 CFR § 52.227-19 or its successors apply, the Software constitutes restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.

The Software (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of the Omni Group for all purposes of the Freedom of Information Act; (iii) is “restricted computer software” subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to the Omni Group.

COPYRIGHT NOTICE. Copyright © 1994-2024 Omni Development, Inc., 2917 NE Blakeley St, Seattle, WA 98105-3120. All rights reserved. Any rights not expressly granted in this License Agreement are reserved.

TRADEMARKS. “The Omni Group,” “OmniGraffle,” “OmniOutliner,” “OmniPlan,” “OmniDiskSweeper,” and “OmniWeb” are either trademarks or registered trademarks of Omni Development, Inc. “OmniFocus” is a registered trademark and is used under license by Omni Development Inc.

CONSENT TO AGREEMENT TERMS IMPORTANT NOTICE: Clicking or authorizing the clicking of the “Agree” button below is a symbol of your electronic signature that you are authorized, and in so doing, accept and agree to be bound by all provisions of the License Agreement. Do not proceed and click “Disagree” if you are not authorized and/or you do not agree to all the provisions of the License Agreement.

Last Updated: March 26, 2024

California Notice at Collection

This Privacy Policy describes the policies of Omni Development, Inc. dba the Omni Group (collectively “Company” or “we,” “us,” or “Omni Group”) regarding the information we collect or receive about our customers. It is applicable to the omnigroup.com website and other interactive features, applications, services, or downloads that are operated by the Omni Group and which are available through the websites produced and maintained by us (“Website”). We have established this security and privacy policy (“Privacy Policy”) to let you know the kinds of personal information we may gather, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information.

Our overall stance is that privacy is a fundamental human right, and your data is yours. We don’t share data gathered from our apps or websites except as necessary to perform the functions you expect us to perform. We do keep track of conversations we have with you so that we can improve our products and services and provide you with good support, and we track connections to our Website to keep it secure. But we try not to collect more information than we need: the less we know about you, the easier it is to ensure your privacy. Within our apps, we give you control over where your data is stored and synced, rather than requiring that you store your data with us.

Along with the personal information which we gather or which you provide to us (for example, when you sign up for a newsletter or other mailing list, you comment on a blog or forum we operate, you purchase something from us, or we provide customer service to you), this Privacy Policy describes our policy regarding files which you upload to or store on the Omni Sync Server (“Customer Data”).

When you provide personal information and/or Customer Data, you are consenting to the manner in which the Omni Group will collect, use, disclose and otherwise manage your personal information and Customer Data, as set out in this Privacy Policy.

If you do not agree to the terms of this Privacy Policy, please do not use the Website, software, or Omni Sync Server. We may modify or amend the terms of our Privacy Policy from time to time. We will notify you of any material changes that affect your control over your information.

If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you should contact us by email at info@omnigroup.com.

What Information About Me Is Collected and Stored?

One of the basic principles we’ve tried to follow in designing this Website is that we ask for only the information we need to provide the service you’ve requested. As a result, what information we collect and store depends almost entirely on how you choose to make use of our Website and our services. You may provide the following information to us directly:

• Payment information, including credit card information.
• Content you may include in survey responses.
• Information contained in your communications to us, including call recordings of customer service calls.
• Information you send to us via a social media platform.
• Any information or data you provide by interacting in our online forums and chatrooms, or by commenting on content posted on our Services. Please note that these comments are also visible to other users of our services.
• Information you submit to inquire about or apply for a job with us.

In addition to information which you explicitly and knowingly provide, some information is collected automatically such as:

• Our Website uses browser cookies in order to gather information on usage patterns. These are used to measure how well our site is working, not to track you as an individual.
• Our software may, with your permission, send us anonymous statistics about its use (see below).
• Our servers maintain industry-standard logs of their activity: web page visits, including IP address, Referer: header, and user-agent; envelope information of e-mail sent and received; and the like.

How do we use the information we collect?

In general, we do not use your information beyond the purpose for which you provided it to us. For example, if you ask us a question by email, or subscribe to a mailing list, we will not send you product announcements or other promotional communications in response (unless that is what you requested). We do not sell, barter, or rent your personal information.

We may use the information we collect for the following purposes.

• To provide you with our products and services, including to take steps to enter a contract for sale or for services, process payments, fulfill orders, send service communications (including renewal reminders), and conduct general business operations, such as accounting, recordkeeping, and audits.
• To improve and grow our products and services, including to develop new products and services and understand how our products and services are being used, our customer base and purchasing trends.
• To provide you with important information about the product or service that you are using, including critical updates and notifications.
• To protect and secure our Website, assets, network, and business operations, and to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.
• To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with applicable legal requirements.

In the event we wish to publicly post any of your personal information on a website (as, for instance, a letter), we will contact you with details and ask for your express permission to publish that information and will not publish without your express permission.

If you have subscribed to any Omni newsletter, you may unsubscribe at any time by following the instructions located within each newsletter and on our Website, or by contacting us.

We gather general non-specific statistics about Customer Data that will help us improve the service, such as the amount of storage you are consuming on our servers, user-agent information sent in HTTP headers, or overall usage patterns. In rare cases we may examine metadata such as file names or synchronization client state to understand how the service is performing.

If you provide information to us for the purpose of making it public (for example, on a mailing list, blog, or forum that we operate), we cannot control what other parties may do with that information once it is public. Please be careful about what you disclose and do not post any information that you expect to keep private.

How do we share the information we collect?

We occasionally have service providers, subsidiaries, affiliates, and partners perform functions on our behalf, such as marketing, analytics, credit card processing, shipping, or stocking orders, fraud protection, etc. These entities have access to personal information only to the extent needed to perform their functions. They are contractually obligated to maintain the confidentiality and security of that personal information and are prohibited from using that information for any other purpose.

We may share any of the information we collect with the following recipients.

• Service providers: We engage vendors to perform specific business functions on our behalf, and they may receive information about you from us or collect it directly. These vendors are obligated by contract to use information that we share only for the purpose of providing these business functions, which include:
  • Supporting service functionality, such as vendors that support event registration, customer service and customer relationship management, subscription fulfillment, freight services, application development, list cleansing, postal mailings, and communications (email, fax).
  • Auditing and accounting firms, such as firms that assist us in the creation of our financial records.
  • Professional services consultants, such as firms that perform analytics, assist with improving our business, provide legal services, or supply project-based resources and assistance.
  • Analytics and marketing services, including entities that analyze traffic on our online properties and assist with identifying and communicating with potential customers.
  • Security vendors, such as entities that assist with security incident verification and response, service notifications, and fraud prevention.
  • Information technology vendors, such as entities that assist with website design, hosting and maintenance, data and software storage, and network operation.
  • Marketing vendors, such as entities that support distribution of marketing emails.
• Social media platforms: If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Website (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform.
• Government entities/Law enforcement: We may share information when we believe in good faith that we are lawfully authorized or required to do so to respond to lawful subpoenas, warrants, court orders, or other regulatory or law enforcement requests, where necessary to protect our property or rights or the safety of our employees, our customers, or other individuals, or under emergency circumstances to protect the personal safety of us, our affiliates, agents, the users of the Website, or the public. In cases where we must disclose personal information or Customer Data, we will send an email to the address registered to any accounts affected by that disclosure.

We may provide aggregate, anonymous statistical information derived from information we collect to other organizations or to the public (for example, see https://update.omnigroup.com/). Any information we share in this manner will not identify you personally.

How long do we retain the information we collect?

We determine the retention period for each of the categories of personal information listed above based on (1) the length of time we need to retain the information to achieve the business or commercial purpose for which it was obtained, (2) any legal or regulatory requirements applicable to such information, (3) internal operational needs, and (4) any need for the information based on any actual or anticipated investigation or litigation.

If you provide your credit card information, we will store the expiration date and last four digits of the credit card number in case you contact us with a billing question or we need to apply a refund or credit. We do not store the full credit card number or the card security code you enter in the payment form.

We maintain backups of Customer Data in order to recover from hardware failures or other problems. These backups are not kept longer than six months.

What Steps Are Taken To Keep Personal Information and Customer Data Protected?

We are committed to protecting your personal information and Customer Data. We use a variety of technologies and procedures to help protect your personal information and Customer Data from unauthorized access, use, or disclosure.

Personal information we collect or receive and Customer Data you upload is stored in protected operating environments that are not available to the public and, when transmitted, is protected using strong cryptography.

We limit access to your personal information or Customer Data to only our employees and third parties who need access for purposes described in this Privacy Policy. They are contractually obligated to maintain the confidentiality and security of that personal information, are prohibited from using that information for any other purpose, and are subject to disciplinary action, including possible termination and civil and/or criminal prosecution, for failing to do so.

If a password is used to help protect your accounts and personal information and Customer Data, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a website or service to protect access to your personal information and Customer Data from subsequent users.

While we use reasonable security measures to safeguard your personal information and Customer Data once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. You should know that no company, including the Omni Group, can fully eliminate security risks associated with personal information or Customer Data. Accordingly, the Omni Group cannot ensure or warrant the security of any information you transmit to us on our Sites.

Do Not Track: Your browser or device may include “Do Not Track” functionality. We already limit our tracking to that which is necessary to provide our services, and we honor Do Not Track signals we receive from your website browser. Note that the information collection and disclosure practices and the choices that we provide to you will continue to operate as described in this privacy policy regardless of whether a Do Not Track signal is received.

Is Information Collected From Children?

We do not sell or ship any items ordered through this Website directly to anyone who we know to be under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use this Website only with the involvement and consent of a parent or guardian and should not submit any personal information to us. Our Website is not intentionally targeted to children under the age of 13.

Passwords

To use some features of this Website, or our software, you may be asked to set up an account and provide a functional email address and password. You should be careful about providing your password to others — you are responsible for the actions of anyone you’ve shared your password with. No one at the Omni Group will ask for your password; if they do, you should not provide the information and should email customerservice@omnigroup.com to report the incident so we can investigate.

Governing Law

The Website is published in the United States. U.S. law shall govern in any and all disputes, including privacy or defamation issues or otherwise.

Transfers

If you use our Website outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws.

Changes to This Policy

As our company and Website continue to develop, we may add new services and features to our Website or products. If these additions affect our Privacy Policy, this document will be updated appropriately. We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. We do, however, recommend that you read this Privacy Policy periodically in case you missed any changes to the Privacy Policy.

Your Privacy Rights

We will honor the following rights regarding your personal information, regardless of where you reside or whether you are subject to a specific state or region’s data protection laws:

• Access and Portability: Request access to personal data we hold about you or request transmission of your data to a third party.
• Correction: Request that we rectify inaccurate or incomplete personal data we store about you.
• Deletion: Request that we erase personal data when such data is no longer necessary for the purpose for which it was collected, when you withdraw consent and no other legal basis for processing exists, or when you believe that your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
• Restriction of processing: Request that we restrict our processing of personal data if there is a dispute about the accuracy of the data; if the processing is unlawful; if the processing is no longer necessary for the purposes for which it was collected but is needed by you for the establishment, exercise or defense of legal claims; or if your request to object to processing is pending evaluation.
• Objection to processing: Object to processing of your personal data based on our legitimate interests or for direct marketing (including profiling). We will no longer process the data unless there are compelling legitimate grounds for our processing that override your interests, rights, and freedoms, or for the purpose of asserting, exercising, or defending legal claims.
• Transfers: Obtain information about and a copy of the safeguards we use to transfer personal data across international borders.
• Opt out of “sales” or “sharing” of personal information and use of their personal information for “targeted advertising,” as those terms are defined under applicable law. Note that we do not use your personal information for these purposes.
• Opt out of “profiling” under certain circumstances, as defined under applicable law. Note that we do not engage in “profiling,” as defined under applicable law.

You can exercise these rights by contacting us at using one of the methods listed below.

Additional Information for European Union (EEA), the United Kingdom (UK), and Swiss Residents

Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our products and Website. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; and (3) as necessary for our legitimate interests in providing the products and Website where those interests do not override your fundamental rights and freedom related to data privacy.

Right to lodge a complaint: Users that reside in the EEA, UK, or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available from the European Commission website.

Additional Information for California Residents

If you are a California resident, California law permits you to request certain information regarding the disclosure of your personal information by us and our related companies to third parties for the third parties’ direct marketing purposes. We do not disclose your personal information for this purpose.

California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and disclosure of information about them, as well as rights to know/access, correct, delete, and limit disclosure of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.

Notice at Collection Regarding the Categories of Personal Information Collected

You have the right to receive notice of certain information about our data collection, use, and disclosure. The following table summarizes the categories of personal information we collect; the categories of sources of that information; and whether we disclose, sell, or share that information to service providers or third parties, respectively. The categories we use to describe personal information are those enumerated in the CCPA. We collect this personal information for the purposes described above in “How do we use the information we collect.”

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. We restrict service providers from using personal information for any purpose that is not related to our engagement.

Your rights under the CCPA

• Opt out of sale or sharing of personal information: You have the right to opt out of our sale or sharing of your personal information to third parties. We do not sell or share your personal information to third parties. Your right to opt out does not apply to our disclosure of personal information to service providers.
• Limit the use of your sensitive personal information: You have the right to limit our use of your sensitive personal information if we use such information to infer characteristics about you. We do not use your sensitive personal information for this purpose.
• Know and request access to and correction or deletion of personal information: You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers to whom we sell, share, or disclose it. You also have the right to request in certain circumstances that we correct personal information that we have collected about you and to delete personal information that we have collected directly from you. Please contact us to exercise these rights.

Additional Information for Nevada Residents

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties. We do not engage in such sales. If you are a Nevada resident and would like more information about our data sharing practices, please contact us.

Procedures For Exercising your Rights

If you have previously opted to subscribe to an Omni mailing list, you may always opt-out of receiving future e-mail messages and newsletters by ending your subscription. Unsubscribe instructions are located within each newsletter and on our Website, or you may contact our Customer Service Department.

You have the right to know about the personal information we have collected about you, as well as access and correct such information and delete personal information that you have previously provided to us. You can request to know, access, correct, update, or request the deletion of certain personal information by emailing support@omnigroup.com or sales@omnigroup.com.

If you wish to cancel your password, please contact our Customer Service Department by email at support@omnigroup.com or by phone at 800-315-6664. If you become aware of any unauthorized use of your password, data theft, or possible security issues with our Website or products, please contact security@omnigroup.com. Especially sensitive issues may be encrypted to our PGP key, 0x0A70467B.

You may, under certain circumstances, authorize another individual or a business, called an authorized agent, to make requests on your behalf. (Authorized agents in California must be registered with the California Secretary of State.)

Verification: We must verify your identity before responding to your request. We verify your identity by asking you to provide personal identifiers that we can match against information we may have collected from you previously. We may need to follow up with you to request more information to verify identity.

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Appeals: If your request is denied, you may appeal the denial by contacting us as described in the notice of denial.

Who do I talk to if I have more questions?

Questions regarding this statement should be directed to info@omnigroup.com.

The most powerful tool that we have in our effort to make our products better is the feedback from our users. This means you! We encourage folks to send us bug reports, questions and ideas about how to make our existing products fit their needs more closely.

While we also encourage folks to send us their ideas about new products, we must make it clear that any product idea submitted to Omni, either by word of mouth, email, telephone or other means immediately becomes the property of Omni. This means that if we develop your idea or an idea similar to yours, you will not be compensated and it also means that we can use the idea for any purpose, including giving it away.