PRIVACY POLICY

Updated February 29, 2024

Omniku is a product of Between Nothing and Infinity LLC (“BNI”, “Omniku”, or “we”) that provides a free resource of literature, art, and digital media intended to entertain and enlighten.

Omniku understands how important privacy is to you. We protect that information carefully and handle it with discretion.

This privacy policy (“Privacy Policy” or “Policy”) describes how Omniku collects, uses, and shares personal information in connection with Omniku’s website at www.omniku.com, social media accounts, and email newsletters that Omniku uses to as needed to provide services from time to time (collectively, “Platform”). This Policy is part of our Terms of Use for the Platform (the “Terms”).

Our Services and the Platform may be used by adults and children who have the consent and supervision of a parent or guardian.

MODIFICATIONS

Omniku may modify this Policy and/or the Terms from time to time, which will not be effective until posting and then only going forward. We will provide notice of changes via the Platform and other methods if we believe that is needed.

You agree to visit the Platform from time to time to ensure you are aware of updates. You do not have to agree to the modified terms but if you do not agree, you must stop using the Platform immediately.

You agree that Your use of the Platform or any services we provide after notice of a modification constitutes your confirmation of agreement to the Policy and Terms then in effect at the time of your use.

COLLECTION OF NON-PERSONAL INFORMATION

We may collect non-personally identifiable information regarding your use of the Platform or our services. We may utilize third party software to collect this information and may change our data collection methods, providers and/or software, at any time in our sole discretion.

If you do not want non-personally identifiable information collected, it may be possible for you to adjust settings on the electronic equipment you use to access the Platform (e.g., a stationary or mobile computer, phone or tablet) (your “Device”). However, we cannot guarantee that such settings may be changed or will be effective and you assume all risks associated with your access to the Platform.

COLLECTION OF PERSONAL INFORMATION

We also collect Personal Information about you. By “Personal Information”, we mean information that can be used to identify a specific individual.

The Personal Information is primarily what you provide to us when using the Platform or obtaining our services. On the Platform, you provide your name and email information in order to post a comment.

Device identifier, IP addresses, or “cookies” may also be collected. This type of information, if collected, is collected through our software referred to as “tracking” or “analytics” technology.

HOW WE USE PERSONAL INFORMATION

We will use Personal Information to verify users who post comments or to respond to users who have contacted us.

As referenced above, we may share your information with vendors that are necessary to provide service to you. Those vendors are subject to change in our discretion.

We may use Personal Information to identify you when you visit our Platform, to improve the operation and usefulness of our Platform, to enable us to improve our services and products, and comply with applicable laws and law enforcement.

We use tracking technology by Google Analytics to understand how users use our site so as to enhance the user experience on our Site. If you wish to opt-out please go to https://tools.google.com/dlpage/gaoptout?hl=en-GB.

You have the opportunity at any time to request your information.

HOW WE PROTECT PERSONAL INFORMATION

Generally accepted standards are used to protect your Personal Information, both during transmission and once we receive it.

No company is immune to criminal actors however, and no method of transmission over the Internet, or method of electronic storage, is 100% secure. You acknowledge the inherent risk and agree Omniku will not be liable for security breaches.

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the Policy for residents of the State of California. We adopt this notice to comply with the California Consumer Privacy Act (“CCPA”) and other California privacy laws, if applicable. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The majority of information we obtain is from registered patients pursuant to Patient Policies and not subject to the CCPA, as noted below, but for the avoidance of doubt, has been taken into account in identifying below categories of data collected within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, other similar identifiers, , driver’s license number, passport number, or other information you choose to reveal in the comments section of our site.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, or other information you choose to reveal in the comments section of our site. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

Personal information does not include:

• Publicly available information from government records.

• De-identified or aggregated consumer information.

• Information excluded from the CCPA’s scope, like:

health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our users. For example, when a user contacts us directly.

• Indirectly from website analytics data. For example, through information collected from Google Analytics.

• Directly and indirectly from activity on our website, e.g., from submissions through our website.

• From third-parties that interact with us in connection with the services we perform, such as our payment processor.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided. For example, if you contact us via email we may respond directly to your email address.

To provide you with information, products or services that you request from us.

To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

To improve our website and present its contents to you.

• For testing, research, analysis and product development.

• As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We do not sell any personal information to third parties. In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

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. Once we receive and confirm your verifiable consumer request, we will disclose to you, if applicable:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collection and use of that personal information.

• The categories of third parties with whom we share that personal information.

• The specific pieces of personal information we collected about you (also called a data portability request).

• If we disclosed or sold your personal information for a business purpose, a list for each category of activity, and identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. 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.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Emailing us at: info@omniku.com

Writing us at:

Between Nothing and Infinity LLC

Attn: Omniku Legal Compliance

1207 Delaware Ave, Suite 842

Wilmington, DE 19806

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

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.

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request unless we can verify your identity or authority to make the request and confirm the personal information relates to you.

Response Timing and Format

We endeavor to respond to a verifiable consumer 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. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA or other legal rights.

Contact Information

If you have any questions, please do not hesitate to contact us at the email address and/or mailing address listed above.

TERMS OF USE

Updated November 1, 2020

Welcome to Between Nothing and Infinity LLC’s Omniku (“Omniku”) website www.omniku.com (the “Site”), social media and other platforms that Omniku makes available from time to time (collectively, “Platform(s)”). These Terms of Use and all of the guidelines, rules and directions published anywhere on the Platform, including the Privacy Policy, are referred to as the “Terms” or “Terms of Use”.

The Platform may be used by adults and children who have the consent and supervision of a parent or guardian.

For easier reading, the Terms define certain commonly used words or phrases. Any individual or entity accessing or using the Platform is referred to herein as a “User,” “You” or “Your.”

1. The Omniku Platform is Provided in Reliance Agreement to the Terms

Your use of the Platform constitutes your agreement to the Terms.

If you do not agree to and understand the Terms, do not use the Platform.

Omniku may modify the Terms from time to time, in its sole discretion. We will provide notice of changes via the Platform, and may also give notice via other methods, in our sole discretion, such as email. The modified Terms will be effective upon posting on a going forward basis.

You agree to visit the Platform from time to time to ensure you are aware of updates. You do not have to agree to the modified terms but if you do not agree, you must stop using the Platform.

You agree that Your use of the Platform or any services we provide after notice of a modification constitutes your confirmation of agreement to the Terms then in effect.

2. How the Terms Apply to Users

These terms apply to all users who visit the Platform.

1. No Professional, Legal, or Medical Advice

The Platform may contain content regarding a variety of topics that might require professional or expert assistant. All content on the Platform is for entertainment purposes only. The Content is not intended to be a substitute for professional, legal, or medical advice. Always seek the advice of licensed, qualified professionals for your individual situation. Never disregard professional, legal, or medical advice or delay in seeking it because of something you have read online!

4. Limited Permission

Omniku provides access to the Platform in its sole discretion and solely for your personal use consistent with the Terms. No right or license to use the Platform other than as expressly set forth in the Terms is granted. All rights are held by Omniku.

We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Platform by one or more users, including you, at any time and for any reason. You agree that Omniku shall not be liable to You for the effect of any modification of the Platform, or for any consequence of your access to the Platform being terminated.

5. Modifications to the Platform and Access Changes

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or any part or function thereof with or without notice. We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your access the Platform. You agree that we shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.

6. Errors and Omissions

Occasionally there may be information on our Platform that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Platform at any time without prior notice.

7. Ownership of the Platform & All Content

You acknowledge and agree that the Platform is owned by Omniku and that the Platform and its component parts (such as the software, blog articles, or photos) is protected by applicable intellectual property and other laws. You acknowledge and agree that you do not acquire any license or ownership rights in, including any intellectual property rights, through your use of the Platform. All input, suggestions, or requests for modification of existing or later implemented aspects of the Platform shall be owned by Omniku.

Except as expressly authorized by us, pursuant to these Terms or other written agreement, you agree not to copy or create derivative works based on the Platform.

8. Securing Credentials

If you are permitted to create an account on the Platform, You are solely responsible for controlling your credentials and you shall not share those credentials with any third party. You are responsible for all activities that occur under your credentials unless you have notified us in advance and received explicit confirmation of receipt of the notice.

9. Respecting Intellectual Property and Other Rights

The Platform may contain content that is proprietary to third parties or information subject to disclosure restrictions. You agree that you shall not use any information or content obtained from the Platform for any purpose other than using the Platform in accordance with the Terms.

Users are prohibited from using the Platform in a manner that interferes with or would reasonably be expected to negatively affect other users’ ability to interact with the Platform. Without limitation as to other restrictions, users shall not use or attempt to use the Platform for the purpose of:

Harassment, threatening or engaging in abusive conduct;

Communicating in any manner that is libelous or defamatory or invades the privacy of any person;

Communicating expressions of hatred, bigotry, racism or pornography;

Violating any law, committing any deception, or breaching any contractual or fiduciary obligations; and/or

Transmitting advertisements without prior written authorization from Omniku.

You acknowledge that the information and content on the Platform is made available solely based on the existence of and adherence to these Terms by users. You, a user, agree that you will not:

use or attempt to use the Platform to transmit any harmful or unwanted computer code or software, including but not limited to viruses, malware, spyware or ransomware;

interfere with, disrupt or attempt to disrupt the operation of the Platform, or any servers or networks connected to the Platform;

override, circumvent, or interfere with, any security or Platform access controls, or attempt any of the foregoing;

use any automated method to access or use the Platform without prior written authorization from Omniku;

process, computer code or software, to “scrape” the information and content on the Platform without prior written authorization from Omniku; and

reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Platform.

10. Digital Millennium Copyright Act

We respect the copyright and intellectual property interests of others. Although we are not obligated to and do not monitor or scan content or user conduct for improprieties, it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Platform.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent in writing to:
Between Nothing and Infinity LLC

Attn: Omniku Legal Compliance

1207 Delaware Ave, Suite 842

Wilmington, DE 19806

Email: info@omniku.com

11. Choice of Law

These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, in the State of New York. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

12. Third-Party Resources and User Generated Information

We may provide links to third party websites and resources, and may provide access or expose you to content at such websites or part of such resources including but not limited to interactive platform content, social media, user conduct and user generated information (“Third Party Resources”).

When Third Party Resources are provided, it is for general interest purposes only. We are not endorsing the Third Party Resource or giving an opinion on the Third Party Resource. We do not regularly review Third Party Resources and it is possible the Third Party Resource has changed or is no longer available, is of no interest to you, or may cause damage (such as with a computer virus).

When you choose to engage with a Third Party Resource, such as to publish or share information through Third Party Resources, we may have no or limited control over that activity depending on the Third Party Resource (e.g., if you post on our Instagram account, you are posting to Instagram also, a company we have no control over). You should assume that your activity may be accessed by any person using the Internet in any part of the world and can be found using independent search engines.

If you choose to engage with any Third Party Resource, you acknowledge that it is at your own risk. Without limitation, You are responsible for compliance with all terms and policies of Third Party Resources, including Third Party Resource that are hosting Omniku accounts or those engaged to fulfill requests by you.

You acknowledge that, unless otherwise expressly stated, Omniku does not control the Third Party Resources and You agree that Omniku shall not be liable for any interaction with a Third Party Resource.

13. Disclosures, Warnings and Disclaimer of Warranties

Omniku maintains these Terms to protect Omniku’s operations and rights, and because Omniku desires to foster the integrity of the Platform. However, you understand that these objectives are aspirational. Omniku cannot and does not guarantee that the Platform will always adhere to Omniku’ Terms.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION OR CONTENT INCLUDED ON THE PLATFORM.

WE MAKE NO WARRANTY THAT THE PLATFORM OR ANY INFORMATION OBTAINED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.

ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE PLATFORM IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES THEREOF.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

14. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE.

15. Indemnification

You agree to hold Omniku, and its subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses, and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to your use of the Platform.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.