2. Personal Data
Categories of Personal Data We Collect
This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
·Type of device/operating system/browser used to access the Services
·Browsing or search history
·Web page interactions
·Referring webpage/source through which you accessed the Services
Professional or Employment-Related Data
·Professional work field (optional)
·IP-address-based location information
Other Identifying Information that You Voluntarily Choose to Provide
·Identifying information in emails or letters you send us
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:
oWhen you provide such information directly to us.
§When you create an account or use our interactive tools and Services.
§When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
§When you send us an email or otherwise contact us.
oWhen you use the Services and such information is collected automatically.
§Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
§If you use a location-enabled browser, we may receive information about your location.
§If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.
§We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
§We may use vendors to obtain information to generate leads and create user profiles.
oSocial Networks/Communication Platforms
§If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service , or if you use some of our Services (such as bots) on third party communication platforms (such as Discord, Slack, and Telegram), some content and/or information in those accounts may be transmitted into your account with us.
Our Commercial or Business Purposes for Collecting Personal Data
·Providing, Customizing and Improving the Services
oCreating and managing your account or other user profiles.
oProcessing orders or other transactions; billing.
oProviding you with the products, services or information you request.
oMeeting or fulfilling the reason you provided the information to us.
oProviding support and assistance for the Services.
oImproving the Services, including testing, research, internal analytics and product development.
oPersonalizing the Services, website content and communications based on your preferences.
oDoing fraud protection, security and debugging.
oCarrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
·Marketing the Services
oMarketing and selling the Services.
oShowing you advertisements, including interest-based or online behavioral advertising.
·Corresponding with You
oResponding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about OpenBB or the Services.
oSending emails and other communications according to your preferences or that display content that we think will interest you.
·Meeting Legal Requirements and Enforcing Legal Terms
oFulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.
oProtecting the rights, property or safety of you, OpenBB or another party.
oEnforcing any agreements with you.
oResponding to claims that any posting or other content violates third-party rights.
We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.
·Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:
oCompanies that track how users found or were referred to the Services.
oCompanies that track how users interact with the Services.
·Business Partners. These parties partner with us in offering various services. They include:
oCompanies that we partner with to offer joint promotional offers or opportunities.
·Parties You Authorize, Access or Authenticate
oThird parties you access through the services.
oSocial media services.
We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above.
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
Data that is not personal data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.
4. Tracking Tools, Advertising and Opt-Out
We use the following types of Cookies:
oEssential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
oFunctional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
oPerformance/Analytical Cookies such as Cloudflare allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services.
oPerformance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.
You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.
We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.
Data Security and Retention
We seek to protect your Personal Data from unauthorized access, use and disclosureusing appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
5. Personal Data of Children
6. California Resident Rights
If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:
·The categories of Personal Data that we have collected about you.
·The categories of sources from which that Personal Data was collected.
·The business or commercial purpose for collecting or selling your Personal Data.
·The categories of third parties with whom we have shared your Personal Data.
·The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.
You have the right to request that we delete the Personal Data that we have collected about you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your Rights
To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information[AK19][GDSVF&H20][AK21] to allow us to verify that you are the person about whom we have collected Personal Data[GDSVF&H22][AK23], and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
·Email us at: firstname.lastname@example.org
·Send an email to this address: email@example.com
You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
Personal Data Sales Opt-Out and Opt-In
In this section, we use the term ‘sell’ as it is defined in the CCPA.
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
7. Other State Law Privacy Rights
California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
9. Contact Information