Who we are and how to contact us

Who we areOpenprise Data, Inc. is the Controller (for the purposes of the GDPR) of your Personal Data (referred to as either “Openprise”, “we”, “us” or “our” in this Privacy Policy).

Our address is: 1900 S. Norfolk Street, Suite #210, San Mateo, CA 94403

How to contact usYou can contact us by emailing: privacy@openprisetech.com

Your rights relating to your Personal Data

By law you have the right to:

• Request access to your Personal Data. This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
• Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below).
• Object to processing of your Personal Data. This right exists where we are relying on a Legitimate Interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
• Opt-out of processing of your Personal Data. This enables you to ask us to delete or remove Personal Data whether your Personal Data is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.
• Opt-in of processing Sensitive Information. We do not process Sensitive Information (i.e. personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of an individual). However, if we ever did want to process your Sensitive Information, we must obtain affirmative express consent (opt in) from you if such information is to be (i) disclosed to a third party or (ii) used for a purpose other than those for which it was originally collected or subsequently authorized by you through the exercise of opt-in choice. In addition, we would treat as sensitive any personal information received from a third party where the third party identifies and treats it as sensitive.
• Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your Personal Data. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent. This right only exists where we are relying on consent to process your Personal Data (“Consent Withdrawal”). If you withdraw your consent, we may not be able to provide you with access to the certain specific functionalities of our Site. We will advise you if this is the case at the time you withdraw your consent.

How to exercise your rights

If you want to exercise any of the rights described above, please email us at: privacy@openprisetech.com or call at 888-810-7774. Typically, you will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Complaints

If you would like to make a complaint regarding this Privacy Policy or our practices in relation to your Personal Data, please contact us at: privacy@openprisetech.com. We will reply to your complaint as soon as we can. If you feel that your complaint has not been adequately resolved, please note that the GDPR gives you the right to contact your local data protection supervisory authority, which for the UK, is the Information Commissioner’s Office.

Marketing Communication Preferences

You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time at: privacy@openprisetech.com. Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of emails relating to purchases, subscription renewals and customer announcements relating to product/services such as technical notifications, service updates or other administrative communications.

Openprise Services Privacy Data Sheet (GDPR)

The above link contains the privacy policy details for Personal Data processed by Openprise Services in compliance with all applicable privacy laws and regulations, including but not limited to GDPR.

What Personal Data we collect:

All the Personal Data we collect, both from you and from third parties about you, is outlined in the table below.

Aggregated Data

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data, but once in aggregated form it will not constitute considered Personal Data for the purposes of the GDPR as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

No Special Categories of Personal Data

We do not collect any “Special Categories of Personal Data” about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

How we use your Personal Data and why

We will only use your Personal Data for the purposes for which we collected it as listed below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will update this Privacy Policy and we will explain the legal basis which allows us to do so.

What is our “legal basis” for processing your Personal Data?

In respect of each of the purposes for which we use your Personal Data, the GDPR and other applicable privacy laws require us to ensure that we have a “legal basis” for that use. Most commonly, we will rely on one of the following legal bases:

• Where we need to perform a contract we are about to enter into or have entered into with you (“Contractual Necessity”).
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your Personal Data for is set out in the table below.
• Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
• Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).

Generally we do not rely on your Consent as a legal basis for using your Personal Data. We have set out below, in a table format, the legal bases we rely on in respect of the relevant Purposes for which we use your Personal Data.

What happens when you do not provide necessary Personal Data?

Where we need to process your Personal Data either to comply with law, or to perform the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the functionalities of the Site). In this case, we may have to stop you using our Site or any Services you have with us but we will notify you if this is the case at the time.

Personal Data from Third Party Sources

In addition to the Personal Data that we collect directly from you (as described in the section immediately above this one), we also collect certain of your Personal Data from third party sources. These sources are broken down in the table below, together with a description of whether they are publicly available or not.

How we use cookies & other tracking or profiling technologies

Cookies What are cookies?

We may collect information using “cookies”. Cookies are small data files stored on the hard drive of your computer or mobile device by a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience on our Site. We use two broad categories of cookies:

• first party cookies, served directly by us to your computer or mobile device; and
• third party cookies, which are served by our partners or service providers on our Site.

Cookies we useOur Site uses the following types of cookies for the purposes set out below:

Disabling cookies

You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings”, “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognise your computer or mobile device and you may need to log in every time you visit our Site. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com/uk. In particular, you can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices. If you choose to remove targeted or advertising cookies, you will still see adverts but they may not be relevant to you. Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral advertising are included in this list, and so you may still receive some cookies and tailored adverts from companies that are not listed. You can also prevent the use of Google Analytics relating to your use of our Site by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB.

Who we share your Personal Data with

The table below describes who we share your Personal Data with, what we share and why we share it. We share your Personal Data within the members of the Openprise group of companies (i.e. Our Affiliates). This will involve transferring your data outside the European Economic Area (“Europe”), UK and/ or Switzerland. Many of our external third parties are based outside Europe so their processing of your Personal Data will involve a transfer of data to countries based outside of Europe. We endeavor to ensure that people to whom we provide Personal Data hold it subject to appropriate safeguards and controls. Whenever we transfer your Personal Data out of the Europe, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented

• We may transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission. For further details, see the EU-US, UK Extension and Swiss-U.S. Data Privacy Framework section below.
• Where we use service providers outside Europe, we may use specific contracts approved by the European Commission, which give Personal Data the same protection it has in Europe. For further details, see the EU-US, UK Extension and Swiss-U.S. Data Privacy Framework section below.
• Where we use service providers based in the U.S., we may transfer data to them if they are part of the Data Privacy Framework which requires them to provide similar protection to Personal Data shared between Europe and the U.S. For further details, see the EU-US, UK Extension and Swiss-U.S. Data Privacy Framework section below.
• We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
• Openprise remains liable under the EU-US, UK Extension and Swiss-U.S. Data Privacy Framework Principles if a third-party processes Personal Data covered by this Privacy Policy in a manner inconsistent with the EU-US, UK Extension and Swiss-U.S. Data Privacy Framework Principles, except where Openprise is not responsible for the event giving rise to the damage.
• We do not and will not sell Personal Data to any third parties and have not done so in the past 12 months.

How we keep your Personal Data secure

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We limit access to your Personal Data to those employees and other staff who have a business need to have such access. All such people are subject to a contractual duty of confidentiality. We have put in place procedures to deal with any actual or suspected Personal Data breach. In the event of any such breach, we have systems in place to work with applicable regulators. In addition, in certain circumstances (e.g., where we are legally required to do so) we may notify you of breaches affecting your Personal Data.

How long we store your Personal Data

We will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and as required by applicable law. We will retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy.

Our policy on children

This Site is not intended for children below 16 and we do not knowingly collect data relating to such children.

Third party links

This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share your Personal Data. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy policy of every site you visit.

EU-U.S., UK Extension and Swiss-U.S. Data Privacy Framework

Openprise complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Openprise has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Openprise has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Openprise commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Openprise at: privacy@openprisetech.com. If you have an unresolved privacy or data use concern that we have not addressed to your satisfaction, please contact our third-party dispute resolution provider VeraSafe at https://verasafe.com/public-resources/dispute-resolution/submit-dispute/. VeraSafe is Openprise’s alternative dispute resolution provider based in the U.S. and their services are provided at no cost to you.

If neither Openprise or our Third-Party dispute resolution provider resolves your complaint, An EU, UK, or Swiss individual has the option under certain circumstances to invoke binding arbitration to determine whether Openprise has violated its obligations under the DPF Principles as to that individual and whether any such violation remains fully or partially unremedied (“residual claims”). Paragraph C (Pre-Arbitration Requirements) of Annex I of the DPF Principles explains in detail when an individual can invoke binding arbitration. For more information on when an individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms visit the following link for Annex I of the DPR Principles: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

The Federal Trade Commission has jurisdiction over Openprise’s compliance with the EU-U.S. Data Privacy Framework (the EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF).