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Data Use. We respect the privacy of those who use our Licensed Software. Users should understand, however, that by the very nature of the medium, their communications with us, such as, e.g., by e-mail, reveals potentially identifying information, such as, e.g., their e-mail address. The information we receive, and how we use it, depends on what is done when using the Licensed Software. We collect and use your non-personal information (information that is not identifiable to you personally) differently than your personal information. We take reasonable steps to keep the personal information we possess accurate and to delete incorrect or unnecessary personal information.

  1. What Is Non-Personal Information?

    Non-personal information is information we collect through use of the Licensed Software that does not identify you as an individual person. It includes any of the following items:

    • the type of web browser software you use,
    • the name of the domain from which you access the Internet (including client and server IP addresses, usernames, ports, queries, or other status-related information),
    • the Internet address from which you linked to the Licensed Software,
    • the date and time you accessed our Licensed Software,
    • the links and features used,
    • the content viewed or requested.

    Further, applications in use may contact our servers periodically, for example to check for updates or to send us information relating to service usage and gather non-personal information.

  2. How Do We Use Non-Personal Information?

    Because non-personal information cannot identify you or be tied to you in any way, there are few restrictions on the ways that we can use or share non-personal information. Primarily, we will use this data to make enhancements to the Licensed Software which are specifically tailored to improve the experience of the user community. One way that we use non-personal information is to demonstrate user trends in using the Licensed Software. Often, this is done by aggregating the data gleaned from non-personal information. This aggregated, de-identified data might be shared with outside parties who are employed to implement improvements.

  3. What Is Personal Information?

    Personal information, as used in privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Personal information is information we may collect and that we can use to specifically identify you, such as your:

    • name,
    • telephone number,
    • e-mail address,
    • state of residence,
    • phone numbers,
    • street address,
    • age or age range,
    • gender,
    • language,
    • account information, user names, passwords and user settings,
    • bank account number or credit card details and other such financial information.

    In some places using the Licensed Software you have the opportunity to send us personal information about yourself.

  4. How Do We Keep And Use Personal Information?

    We may keep and use your personal information:

    • to send you information you requested,
    • to respond to your requests,
    • to develop records, including records of your personal information,
    • for internal program monitoring,
    • to remove your personal identifiers (your name, e-mail address, etc.) In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and is treated as such.
    • to protect our rights or property,
    • to protect someone's health, safety or welfare,
    • to comply with a law or regulation, court order or other legal process.

    We also maintain records of your consents, preferences and settings relating to, for example, location data, marketing and sharing of personal information.

    We maintain records of your purchases, downloads, the content you have provided us with, your requests, agreements between you and us, the products and services provided to you, payment and delivery details, your contacts and communications and other interactions and engagements with us. We may, in accordance with applicable law, record your communication with our customer care or with other such contact points.

    We also utilize location-based services and establish location through the use of satellite, mobile, Wi-Fi, Bluetooth Low Energy (“BLE”) or other network based positioning methods. These technologies may involve exchanging your location data and unique device and mobile, Wi-Fi, Bluetooth, or other network related identifiers with us. Our products may operate on multiple device platforms, applications and services which may also collect your location data. When you use our location based services and features, your location data is sent to us to serve you with the right content. We do not use this information to identify you personally without your consent.

    We also obtain information from industry partners and a variety of other sources, including publicly available sources such as business registries. We require these sources to comply with applicable laws with regard to collecting and transferring this data to us, including ensuring that there is a legal basis for the transfer or anonymizing the data in accordance with applicable laws prior to disclosure of the data to us.

  5. Why Do We Process Personal Information?

    We may process your personal information for the following purposes. One or more purposes may apply simultaneously.

    • Providing products and services
      We may use your personal information to provide you with our products and services, to process your requests or as otherwise may be necessary to perform the contract between you and us, to ensure the functionality and security of our products and services, to identify you as well as to prevent and investigate fraud and other misuses.
    • Accounts
      Some services may require an account to help you manage your content and preferences. Depending on the service, an account creation may be either required or voluntary. Account creation requires you to provide us with basic contact details about yourself, such as name, email address, state/country of residence and date of birth. You may also be able to voluntarily provide more information about yourself while creating a profile, such as a photo or avatar of your choice. Using personal information that you provide, we ensure security in your account.
    • Developing and managing products and services
      We may use your personal information to develop and manage our products, services, customer care, sales and marketing. We may combine personal information collected in connection with your use of a particular product and/or service with other personal information we may have about you, unless such personal information was collected for a purpose, where the original purpose is incompatible with this purpose.
    • Communicating with you
      We may use your personal information to communicate with you, for example to inform you that our services have changed or to send you critical alerts and other such notices relating to our products and/or services and to contact you for customer care related purposes.
    • Marketing, advertising and making recommendations
      We may contact you to inform you of new products, services or promotions we may offer and to conduct market research when we have your consent or it is otherwise allowed. We may use your personal information to personalize our offering and to provide you with more relevant services, for example, to make recommendations and to display customized content or advertising in our services. This may include displaying our content and third party content.
  6. What is Our Legal Basis For Processing Your Personal Information?

    Our legal basis for processing your personal information is dependent on the purpose for processing. In general, we process your personal information under the following legal bases, and one or more bases may apply simultaneously:

    • Performance of a contract with you
      We process your personal information to perform our obligations under the Service Terms applicable to the product or service you are using, provided by us or our customers.
    • Your consent
      We process your personal information if you have consented to the processing activity. You may revoke your consent at any time. Revoking your consent will bar us from further processing of your personal information based on your prior consent, but will not impact the lawfulness of processing based on your consent before it was withdrawn. Some of the features of our products and services might be only available based on consent.
    • Legal obligations
      We process your personal information as needed to comply with laws and regulations.
    • Legitimate interests
      We process your personal information to further our legitimate interests, such as in connection with managing, developing, testing, and securing our products and services, and, in limited circumstances, marketing, advertising, and making recommendations regarding our products and services. Any such processing is conducted subject to appropriate measures to protect your fundamental rights and freedoms related to your personal information, and in any event will be subject to the restrictions provided herein.
  7. Do We Share Personal Information With Third Parties?

    We commit that we will not share your personal information collected from the Licensed Software with an unrelated third party without your permission or as otherwise discussed following and below.

    • Mandatory disclosures
      We can, in some situations, be legally compelled to release your personal information in response to law enforcement, a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting those who violate our rules or engage in behavior which is harmful to others or is illegal. We may also disclose and otherwise process your personal information in accordance with applicable law to defend our own legitimate interests, for example, in legal proceedings or in connection with governmental requests and filings. We may also disclose your personal information to third parties if we feel that the disclosure is necessary to:
      • enforce these terms or other rules about your use of the Licensed Software,
      • protect our rights or property, or
      • protect someone's health, safety or welfare.
    • Your permission/consent and social sharing services
      As noted, we may share your personal information if we have your permission/consent to do so. Some services may allow you to share your personal information with other users of the service or with other services and their users. Please consider carefully before disclosing any personal information or other information that might be accessible to other users.
    • Subsidiary or affiliate companies of ours and authorized third parties
      We may share your personal information with other subsidiary or affiliate companies of ours or authorized third parties who process personal information for us for the purposes described herein. This may include for example billing through your network service provider or otherwise, providing services including customer service or deliveries of items or services requested, managing and analyzing consumer data, credit checks, conducting research and managing marketing and other such campaigns. When you purchase a product from us with a network service provider plan, we may need to exchange information with your network service provider to provide you with such service. We may also conduct joint marketing and other communications with our partners, for example your mobile operator. To avoid duplicate or unnecessary communications and to tailor the message to you we may need to match information that we have collected with information that the partner has collected where this is permitted by law. These authorized third parties are not permitted to use your personal information for any other purposes. We bind them contractually, require them to act consistently with these terms and to use appropriate security measures to protect your personal information.
    • Mergers or Acquisitions
      If we decide to sell, buy, merge or otherwise reorganize or dissolve our businesses in certain countries, this may involve us disclosing personal information to prospective or actual purchasers and their advisers, or receiving personal information from sellers and their advisers.
    • Our Own Service Providers, but only for limited purposes
      In the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf. For example, we employ a company to develop and maintain our internet presence. In this case, the company might have some access to your personal information in the ordinary course of business. However, in this instance, and all instances in which your personal information is shared with a third party, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

    Please note: In addition to the ways that we may keep, use, disclose, and process personal information described herein, we also may keep, disclose, and use personal information that you give us in ways that we believe are consistent with federal, state and local governmental guidance, directions, regulations, and laws.

  8. How long do we retain Personal Information?

    We endeavor to only collect personal information that is necessary for the purposes for which it is collected, and to retain such for no longer than is necessary for such purposes. The length of time personal information is retained, and criteria for determining that time, are dependent on the nature of the personal information and the purpose for which it was provided. For example, for your personal information related to managing your account, such as name, email address, and account content and preferences, are maintained for as long as they are retained by you within your account and for a period of time thereafter to allow you to re-activate your account without a loss of information. Other data, such as records of your activity within the application, are typically maintained only for a short period before being anonymized or pseudonymized. We may also retain your personal information as necessary to maintain logs and business records for analysis, security, and/or audit purposes, comply with record retention requirements under the law, work to deal with any complaints regarding your use of our products and services, and comply with our legal obligations, protect or defend our rights, resolve disputes and enforce our contracts.

  9. What Are Your Choices and Rights?

    You have a right to know what personal information we hold about you, and to access it. You have a right to have incomplete, incorrect, unnecessary or outdated personal information updated. You have the right to request that your personal information be erased, and to obtain a copy of your data in a machine-readable format. You have the right to object to or restrict processing in certain circumstances, such as where you believe the data is inaccurate or the processing activity is unlawful. You have a right to unsubscribe from direct marketing messages and to request that we stop processing your personal information for direct marketing purposes or on other compelling legal grounds. However, if you opt-out from marketing and other communications from us, critical alerts may still be sent to you. You may exercise your rights by contacting us or by managing your account and choices through available profile management tools on your device and our services. In some cases, especially if you wish us to delete or stop processing your personal information, this may also mean that we may not be able to continue to provide the services to you. Applicable data protection law may provide certain restrictions on the extent to which these rights may be exercised. If a restriction applies, we will respond to your request with an explanation of what action will be taken, to the extent required under applicable data protection law.

  10. How Are We Safeguarding Personal Information and Providing Web Site Security and Data Security?

    We take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. We work hard to protect ourselves and our customers and prospective customers from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

    • We encrypt many of our services using SSL.
    • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
    • We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
  11. Privacy on other Websites?

    Our content may contain links to other websites. Some of those websites may be operated by us, and some may be operated by third parties. We provide the links for your convenience, but we do not review, control, or monitor the activities or privacy practices of websites operated by others, and we do not endorse, condone, adopt, or accept liability for any statements made on websites to which we provide links. We are not responsible for the performance of websites operated by third parties or for your business dealings with them. Therefore, whenever you leave content from us, we recommend that you review each website's privacy practices and make your own conclusions regarding the adequacy of these practices.

  12. Do We Communicate Directly with Users/Prospective Users?

    With your express permission, we may contact you periodically by e-mail, mail or telephone to provide information regarding programs, services and content that may be of interest to you. In addition, some of the features of our content allow you to communicate with us using an online form. If your communication requests a response from us, we will usually send you a response via email or text. The e-mail or text response or confirmation may include your personal information, including personal information about your name, address, etc. As indicated, we take reasonable security precautions, however, we cannot guarantee that our communications to you will be secure from unauthorized interception.

  13. Clarification Note for International Users Outside of the United States.

    We are headquartered in the United States. Our content is hosted and administrated in the United States or hosted with cloud service providers who are headquartered in the United States and are intended for users in the United States. If you are located outside the United States, be aware that information you provide to us or that we obtain as a result of your use of our services in our content and in the Licensed Software may be processed in, transferred to, and stored in the United States and will be subject to United States law. The privacy and data protection laws of the United States may be different from the laws of your country of residence. By using our services in our content and in the Licensed Software or providing us with your information, you consent to the transfer of your information to the United States for processing and storage.

  14. Are there Special Notices and Rules for Residents of California?

    FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your personal information with third parties for third party direct marketing purposes. If you reside in California and you have provided us with your personal information, you may request information about our disclosures of certain categories of your personal information to third parties for such direct marketing purposes. To make such a request, please contact us by email to legal@opsense.com with “California Privacy Rights” in the subject line and allow 30 days for a response. Please ensure you provide your complete name (first, middle, last) and an email address for responding to you. We will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

    FOR RESIDENTS OF CALIFORNIA UNDER THE AGE OF 18. In accordance with Section 22581 of the California Business and Professions Code, you may request and obtain the removal of content or information you have publicly posted. To make such a request, please contact us by email to legal@opsense.com with “California Privacy Rights” in the subject line. Please provide your complete name (first, middle, last) and an email address for responding to you, specify the site(s) or service(s) to which your removal request relates, including any URLs where the content or information is posted, and the specific content or information you posted for which you are requesting removal. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

  15. Is there Special Information for EU Residents?

    FOR RESIDENTS OF THE EUROPEAN UNION ONLY. Under European data protection law, in certain circumstances, you have the right to:

    • request access to your personal information;
    • request correction of your personal information;
    • request erasure of your personal information;
    • object to processing of your personal information;
    • request restriction of processing your personal information;
    • request transfer of your personal information; and
    • withdraw your consent.

    In addition, you have the right to ask us not to process your personal information for marketing purposes. We will usually inform you (before collecting your personal information) if we intend to use your personal information for such purposes or if we intend to disclose your information to any third party for such purposes.

    You can exercise any of these rights by sending an email to legal@opsense.com with “EU Privacy Rights” in the subject line. If you believe that we have not complied with its obligations under this Privacy Policy or European law, you have the right to make a complaint to an EU Data Protection Authority.

Last Updated: 9/5/2019

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