PRIVACY POLICY

OMH HealthEdge Holdings, inc. d/b/a Omega Healthcare Management Services (“Omega”) is committed to protecting the privacy rights of our customers, visitors, and other users of Omegahms.com (the “Site”) and the products, information, and services provided by Omega through the Site (collectively, the “Services”). This Privacy Notice explains how we collect, use, and share your personal information. Please read this Privacy Notice carefully.

 

PERSONAL INFORMATION THAT WE COLLECT

A. Personal Information We Collect Directly From You

You do not need to register to use the Site. However, there are instances where you may voluntarily submit information that personally identifies you (“Personal Information”) to us for use of our Services. Examples where this may occur include (i) requesting information from us (e.g., copies of white papers, investor kits, alumni correspondence); (ii) registering and attending conferences or web sessions organized by us; (iii) contacting us using the forms or contact details on our Site; or (iv) logging into certain Omega web-based applications. In these examples, you may provide us Personal Information, including without limitation: (i) your contact details (i.e., your first and last name, physical address, telephone number, e-mail address); (ii) professional details (professional title, seniority level, employer, department, your expertise, administrative assistant’s name or contact information); (iii) the name and contact details of your emergency contact (if you sign up to attend events conducted by our marketing teams); (iv) your LinkedIn account details; (v) your marketing preferences; and (vi) other personal data that you may wish to share with us. If you communicate with us by, for example, e-mail or letter, any information provided in that communication may be collected as Personal information.

Some of our Services may be for purchase only on our website. In this case, we will collect from your payment information, including your name, credit or debit card number, card expiration date, CVV code, and billing address. We will not store this payment information. We will not retain payment information; however, we will store your shipping address to fulfill your order, if applicable. Note that third-party payment processors may retain this information in accordance with their own privacy policies.

B. Data We Collect Automatically

We automatically collect certain technical information relating to the device you use to visit the Site. Specifically, we use cookies, web beacons and similar technologies to help us understand your activity on the Site. A “cookie” is a small piece of data that a website can send to your browser, which may then be stored on your device. Data that we collect automatically includes your: (i) internet protocol (“IP”) address(es); (ii) domain servers; (iii) device location; (iv) device identification information; (v) types and configurations of web browsers used to access the Site; (vi) referring source which may have sent you to the Site; (vii)the actions taken on our Site (e.g., links that you click) as well as other sites that you may visit; and (viii) other information associated with the interaction of your browser and the Site (collectively, “Traffic Data”). For further information on the cookies and similar technologies we use on our Site and why we use them, please review our Cookie Notice.

We sometimes collect anonymous information from visits to the Site. Anonymous information (or click stream data) refers to information that does not and will not directly or indirectly reveal your identity, e.g., aggregated data relating to all of our website visitors. We may use this data to analyze trends and statistics and to help us provide you with a better experience using our Site.

If you provide us with Personal Information of third parties (such as the details of your administrative assistant or your emergency contact), you agree to: (a) notify each individual before sharing their Personal Information with us, (b) explain that their Personal Information will be processed in accordance with this Privacy Policy, and (c) obtain their consent, where appropriate.

WHY DO WE NEED TO COLLECT YOUR PERSONAL INFORMATION

To the extent permitted by applicable law, we use your Personal Information for various purposes, including without limitation to:

 Provide you with the Services that you have requested, including providing copies of white papers, investor kits, and where applicable, processing orders.

 Manage and maintain our relationship with you, including responding to an inquiry, question or comment made by you and providing you with other customer support.

 Allow you to participate in an event organized or promoted by us and/or our business partners. Communicate important notices to you, such as information about changes to this Privacy Notice, our Site, and service updates as well as regarding confirmations, technical notices, updates, security alerts, and support and administrative messages. Carry out analytics and market research and internal reporting to enable us to plan, develop and improve our Site, our Services, and marketing activities. (For example, we may use your IP address to help diagnose problems with our server, to administer the Site, to refine the Site based on which features people use most often, to help identify Site users (such as you) and gather general demographic information about Site users).

 Inform you of our new Services and events that we think you will find valuable by sending promotional messages via email, SMS, phone, post and/or other similar communications means with your consent if you would prefer not to receive these communications, simply follow the unsubscribe instructions on the promotional communications that you receive).

 Create a profile about you to help us personalize our communications to you, including to ensure that you receive relevant marketing communications based on your actions on the Site or your geographic location based on your IP address.

 Prevent, detect, investigate, and take action regarding unlawful or potentially unlawful activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Notice, and to protect or enforce our legal rights, for example defending us in case of legal disputes.

 Manage or transfer our assets and liabilities in the case of an actual or potential acquisition, disposition, or merger.

 For management of user accounts and other administrative matters.

 Any other reasonable purpose arising from or related to the Services that are otherwise not prohibited under applicable law.

SHARING OF INFORMATION

We share certain categories of information we collect from you in the ways described in this Privacy Notice, including as described below:

 We may share your contact data, Traffic Data, and demographic data with our business partners for certain events.

 In order to customize your advertising interactions, we may share Personal Information with marketing affiliates and other third parties only on an aggregate, de-identified (i.e. anonymized) basis.

 We may share your anonymized Personal Information with third parties to enable them to run statistical research on individual or aggregate industry trends.

 We share Personal Information and Traffic Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Services. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Notice, and they will only use your contact data and other Personal Information to carry out their specific business obligations to us and to provide your requested Services.

 We may share your contact data with our subcontractors to enable them to send you Omega promotional materials. These subcontractors will only use your contact data to send you Omega promotional materials.

 We may transfer information about you to another person in connection with a merger, sale, or acquisition by or of Omega. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.

CONFIDENTIALITY AND SECURITY

Except as otherwise provided in this Privacy Notice, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that the disclosure of your Personal Information or any other information we collect about you is necessary to: (1) comply with a court order or other legal process, such as a court order or a subpoena; (2) protect the rights, property, or safety of Omega or another party; (3) enforce our Terms of Use or this Privacy Notice; or (4) respond to claims that any posting or other content violates the rights of third-parties.

HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

Your Personal Information will be retained only for so long as reasonably necessary for the purposes set out in this Privacy Notice in accordance with applicable laws, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.

PUBLIC INFORMATION

Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.

CHILDREN’S PRIVACY PROTECTION

Children under the age of 13 are prohibited from using the Services. The Site is not intentionally targeted to, or intended for, children under the age of 13. We do not knowingly collect data relating to children under the age of 13. If we learn that we have received any information from an individual under the age of 13, we will use that information only to respond directly to that child (or a parent or legal guardian) to inform him or her that he or she cannot use the Services and subsequently we will delete that information from our own servers.

PROTECTING YOUR INFORMATION

The security of your Personal Information is important to us. We follow generally accepted industry standard to protect the Personal Information submitted to us, both during transmission and once we receive it. Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Notice, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon reasonably possible and in accordance with applicable law. Your Personal Information is processed at our operating offices and such other locates as Omega processes Personal Information.

CONTROLLING YOUR PERSONAL INFORMATION

If you would like to exercise your right to modify or remove your Personal Information from our database or request a copy of your Personal Information (but only to the extent these rights are provided by law), you can send us an e-mail at legal@omegahms.com. For your protection, we may need to verify your identity before fulfilling your request. We will respond as soon as reasonably practical and within the time frame specified by applicable law. We reserve the right to deny your request based on applicable law and will inform you if we do so.

LINKS TO OTHER WEBSITES

Our Site contains links to third party websites to which Omega has no affiliation. Omega does not share your Personal Information with those websites, unless you have provided your consent for Omega to do so. Some websites may have the look and feel of our Site. Please be aware that you may be on a different website and that this Privacy Notice only covers our Site. A link to a non-Omega website does not constitute or imply endorsement by Omega. Additionally, we cannot guarantee the quality or accuracy of the information presented on the non-Omega websites. Should you decide to visit one of these third-party websites, we suggest that you read its privacy policy.

CHANGES TO THIS PRIVACY NOTICE

We may change and update this Privacy Notice from time to time. Any changes to our Privacy Notice will be posted on this page.

SUPPLEMENTAL NOTICE FOR EUROPEAN RESIDENTS

This section applies to European or United Kingdom residents only. If you are based in the EU or the UK, in certain circumstances, you have rights under the GDPR with respect to your Personal Information. Please note that the term “Personal Information” used in this Privacy Notice is equivalent to the term “personal data” under applicable European and UK data protection laws.

OMH-HealthEdge Holdings, inc. is the data controller responsible for your Personal Information collected via the Site and in connection with the Services.

A. Purpose And Legal Basis For Processing Your Personal Information

To the extent permitted by applicable law, we use your Personal Information for the purposes identified in the “Why Do We Need to Collect Your Personal Information” Section of this Privacy Notice based on the following legal grounds:

 Consent: We may process your Personal Information if you consent to such processing, e.g. for receiving promotional messages via phone or electronic communications means from us. You have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any prior processing based on your consent. Please note that even after withdrawal of your consent we may be entitled to continue processing your personal information if other legal grounds apply. To withdraw your consent, you can use the unsubscribe instructions in the promotional communications you receive.

 Contractual necessity: Where it is necessary to enter into a contract with you for the provision of our Services or to perform our obligations under that contract. If you do not provide us with your Personal Information, we may not be able to provide the Services requested.

 Our legitimate interests: We may process your Personal Information where it is necessary for our legitimate interests as a company, including to manage, promote and improve our business and manage our risk.

B. Data Transfers

Your personal information may be processed by us in countries outside your country of residence. In this event, we will ensure that the recipient of your Personal Information offers an adequate level of protection.

C. Your personal information may be processed by us in countries outside your country of residence. In this event, we will ensure that the recipient of your Personal Information offers an adequate level of protection. Your Rights

You have the following rights with respect to your Personal Information that we process, subject to conditions and restrictions set out in the applicable laws:

 To learn whether your Personal Information is processed by us and to request a copy of your Personal Information and information relating to the processing of your Personal Information.

 To request the correction of any inaccurate or incomplete Personal Information.

 To request the erasure of your personal information or the restriction of the processing of your Personal Information.

 To withdraw consent you have given.

 Under certain circumstances, to demand data portability, whereby you may ask to receive a copy of your Personal Information that we have obtained in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask us to transfer this to a third-party of your choice.

 To lodge a complaint with the applicable data protection supervisory authority if you have a concern about any aspect of our privacy practices, including the way we have handled your Personal Information.

Please note that some of these rights may be limited where we have an overriding legitimate interest or legal obligation to continue to process the Personal Information, or where the Personal Information may be exempt from disclosure due to applicable law.

If you have any questions about this GDPR policy or want to exercise your rights to the extent allowed under applicable law, please email legal@omegahms.com

SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This section supplements our Privacy Notice with additional information for California residents only. As described in further detail above, we collect data directly from you and automatically collect data about you when you access the Site or when you use our other Services.

A. Right to Know About Personal Information Collected or “Sold”

In accordance with the California Consumer Privacy Act (“CCPA”), California residents have the right to request that we disclose the following information about our collection and use of Personal Information over the twelve-month period prior to your request:

 The categories of Personal Information we collect about you.

 The categories of sources for the Personal Information we collect about you.

 Our business or commercial purpose for collecting or selling that Personal Information.

 The categories of third parties with whom we share that Personal Information.

 The specific pieces of Personal Information collected about you.

 If we disclosed your Personal Information for a business purpose, a list of the categories of Personal Information we have disclosed in the prior twelve months.

 If we sold your Personal Information for a business purpose, a list of the categories of Personal Information we have sold in the prior twelve months.

B. “Sale” of Personal Information

The CCPA broadly defines the term “sale” to mean:

“Selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration.

Within this meaning, we may have disclosed (as that term is defined by the CCPA) Personal Information in the categories below from consumers and users of our Services within the last twelve months where such disclosure may fall within the CCPA’s definition of a “sale.” When we disclose that we may have sold Personal Information, it means that we may have received some kind of benefit to our company in return for sharing Personal Information, it does not necessarily mean we received any money in exchange.

The categories below are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact “sold” but reflects our good faith belief to the best of our knowledge that some of that information may have been shared for value in return. We will update this disclosure from time to time as appropriate.

In response to a verified consumer request for categories of Personal Information “sold,” we will investigate and provide an individualized response to the consumer, and will not merely refer the consumer to our general practices outlined in this Privacy Policy unless our response would be the same for all consumers and this Privacy Policy discloses all the information that is otherwise required for the response to such a consumer request.

Categories of Information:

 Identifiers.

 Personal Information categories listed in the California Customer Records statute.

 Protected classification characteristics under California or federal law.

 Commercial information.

 Internet or other similar network activity.

 Geolocation data.

 Sensory data.

 Professional or employment-related information.

 Inferences drawn from other Personal Information.

The CCPA requires businesses to provide a web page where consumers can opt out of the ”sale” of their Personal Information. The link to our Do Not Sell my personal information web form is located here.

C. Right to Request Deletion of Personal Information

You also have a right to request that we delete any of your Personal Information, subject to certain exceptions, including if we need the Personal Information for a reason related to our business, such as:

 Providing goods or Services to you;

 Detecting and resolving issues related to security or functionality of the Services;

 Complying with legal obligations;

 Conducting research in the public interest;

 Exercising free speech or ensuring another’s exercise of free speech; or

 Using the information for internal purposes that a consumer might reasonably expect.

After we receive and confirm a verifiable consumer request, we will delete your Personal Information from our records in the time and manner required by the CCPA, subject to any limitations or exceptions under applicable law.

D. Exercising Your Rights

To exercise your rights described above, please submit a verifiable consumer request to us at: legal@omegahms.com. You may also write to us at: Omega Healthcare Management Services, 2424 North Federal Highway, Suite #205 Boca Raton, FL 33431.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. This means that in making a request you may be required to: provide your email and phone number, customer information, and/or other information needed to verify your identity depending on the sensitivity of the Personal Information that is the subject of the request.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. If we are unable to verify your identity, we reserve the right to deny the request. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

If you choose to use an authorized agent to submit a request to know or a request to delete your information, we may require that you: (1) provide the authorized agent written permission to do so; and (2) verify your own identity directly with us. We will not require these steps if we have received proof that you have provided the authorized agent with a power of attorney pursuant to California Probate Code sections 4000 to 4465. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf. We may also deny a request from an agent that does not meet the requirements for authorized agents under the CCPA. Once we have verified your identity (and your authorized agent, as applicable), we will respond to your request as appropriate. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. If we are unable to complete your request in whole or in part, we will let you know why.

E. Response Timing and Format

We use good faith efforts to respond to a verifiable consumer request within 45 days after its receipt. If we need more time (up to 90 days), we will inform you of the reason and the needed extension period in writing. We will deliver our written response by email. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. If we cannot comply with any portion of a request, the response we provide will also explain why, if applicable. For data portability requests, we will select a commercially reasonable format to provide your Personal Information that is commonly useable and should allow you to transmit the information from one entity to another entity without hindrance, but we do not guarantee that all formats are useable in all media. We do not charge a fee to process or respond to your verifiable consumer 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.

CONTACT US

Any questions, concerns or complaints about our processing operations and our commitment to this Privacy Notice should be addressed to Omega’s Data Protection Officer at legal@omegahms.com. In addition to contacting us, in certain countries you have the right to lodge a complaint with your local data protection authority if you so choose.

You can also write to us at:

Omega Healthcare Management Services
2424 North Federal Highway, Suite #205
Boca Raton, FL 33431

You may also write our Data Protection Officer using your local office address.