Last Updated: May 18, 2018
1. Privacy Statement
2. Information Collected by OpenMessage
We offer a mobile application software service. When you access and use our Service, we may collect (i) information that you knowingly and voluntarily provide when you use our Service (such as through forms or profile screens), (ii) non-personally identifiable information that we are able to collect from the content that you send using the Service, or your device that you use to use the Service, and (iii) information collected from cookies and other similar technologies.
(i) Information that you Knowingly and Willingly Provide. We collect the information that you knowingly and voluntarily provide when you use our Service, including, without limitation, registration/account setup information and profile details. We primarily use this information to administer the Service.
(ii) Personal InformationThe information that we collect and use may include, without limitation, the following kinds of Personal Information: First and Last Name Email Address Phone Number Credit Card Number
First and Last Name
Credit Card Number
(iii) Non-Personal InformationWe collect information that is sent to us automatically by your device and web browser. OpenMessage may use this information to administer the Service and generate aggregate statistics about visitors to the Service. This information typically includes, without limitation, details about your: IP Address MAC Address Ports Browser Type and Plug-In Details Operating System Webpages and device Apps visited (including date and time of visit) Device Type (e.g. desktop, laptop, tablet, phone, etc.) Calendar tokens from mobile devices Location Information
Browser Type and Plug-In Details
Webpages and device Apps visited (including date and time of visit)
Device Type (e.g. desktop, laptop, tablet, phone, etc.)
Calendar tokens from mobile devices
OpenMessage may use non-Personal Information for various business purposes such as administering our Service, providing customer service, fraud prevention, market research, and improving our Service. The information we receive depends, in part, on the settings on your browser. Please check your browser if you want to learn what information your browser sends or how to change your settings.
3. OpenMessage’s Do Not Track Policy
OpenMessage does not respond to web browser “do not track” signals. As such, your navigation of our Service may be tracked as part of the gathering of quantitative user information described above. If you arrive at our Service by way of a link from a third party site that does respond to “do not track” requests, the recognition of any “do not track” request you have initiated will end as soon as you reach our Service.
4. How Is Your Personal Information Used?
We may use Personal Information we collect about you on its own or combine it with other information we have about you to:
Administer and support the Service;
Perform internal operations, such as tracking and improving the effectiveness of our Service;
Conducting research and reporting on use of Service;
Resolve disputes between Users and/or a User and OpenMessage as set forth in our Terms of Service;
Provide information to our business partners and suppliers;
Provide information to our representatives and/or advisors, such as our attorneys, accountants, and others to help us comply with legal, accounting, or security requirements;
Transfer your information as part of a merger or sale of the business;
Protect the rights, safety, and information of our members, third parties, as well as our own. This includes, without limitation, fraud prevention, prosecuting and defending a court arbitration or similar proceeding; and
Comply with legal requirements, such as in response to a subpoena or similar investigative demand.
5. Who Can Access the Information We Collect?
OpenMessage may disclose your Personal Information in the following instances:
(i) Agents We employ other companies and individuals to perform functions on our behalf including agents, contractors, vendors, licensors, systems integrators, etc. Examples of such functions include, without limitation, sending postal mail and e-mail, analyzing data, providing technical support, and providing customer service. We share Users’ Personal Information with these agents as we deem necessary for such third parties to perform their functions.
(ii) EmployeesOnly authorized employees have access to your Personal Information.
(iii) Affiliates and Subsidiaries When you are asked for information while using our Service, you are sharing that information with OpenMessage and our various affiliates, subsidiaries and sister companies, unless specifically stated otherwise. As a result of this sharing, you may receive communications from any of our affiliates and subsidiaries.
(iv) To Comply with Legal Process, Protect OpenMessage, or Enforce our RightsWe may release your Personal Information when it is necessary to (i) conform to legal requirements or comply with legal process; (ii) enforce or apply our conditions of use and other agreements (iii) protect the rights, safety or property of OpenMessage, our affiliates, service providers, our users or the public, or (iv) prevent a crime or protect national security (including, without limitation, exchanging information with other companies and organizations for fraud protection and credit risk reduction).
(v) As Part of a Merger or Sale of BusinessWe may disclose your Personal Information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
6. Selling of Personal Information
We will not sell your Personal Information to third parties for their use without your consent.
7. Children and Privacy
We do not knowingly collect Personal Information from children under the age of 13 without parental consent. If we learn that Personal Information of individuals less than 13 years-of-age has been collected through our Service without parental consent, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has submitted or communicated Personal Information to our Service without your consent, then you should alert us at email@example.com so that we may take appropriate action to remove the minor’s Personal Information from our systems.
8. Links to Third Party Services and/or Services
Our Service may contain links to third party websites and services not operated by us. OpenMessage is not responsible for the privacy policies or privacy practices of any third party including, without limitation, websites directly linked to our Service. We encourage you to be aware of when you leave our Service and to review the privacy policies of any third party site that you link from our Service.
9. Social Media Features
10. Security, Storage, & Retention
(i) SecurityOpenMessage takes reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personal Information. Although we use security measures to help protect your Personal Information against loss, misuse or unauthorized disclosure, we cannot guarantee the security of information transmitted to us through another platform or through our Service. There is no guarantee that information may not be accessed, disclosed, altered or destroyed. You are responsible for maintaining the secrecy of your password and account information, and for controlling access to your email communications.
(ii) StorageThe Personal Information that you provide to OpenMessage is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Information is submitted through our Service, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place.
(iii) RetentionWe aim to maintain our Service in a manner that protects information from accidental or malicious destruction. Because of this, even after you stop using our Service, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. If you wish to have all information we maintain and cancel your account, contact us at firstname.lastname@example.org,
11. International Users
13. Information Correction, Removal, and Opting-Out
(i) Correction & RemovalIf any of the information that we have about you is incorrect, or you wish to have information (including Personally Identifiable Information) removed from our records, please contact us at email@example.com. We will respond to such inquiries within fifteen (15) business days.
(ii) Opting Out and Opting InAdditionally, if you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive, or by sending a message to us at firstname.lastname@example.org. Separately, if you prefer to send us additional details regarding any metrics or analytics regarding your use of the Service, you may do so by sending to us a message at email@example.com.
(iii) Your California RightsFOR 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 Personally Identifiable Information with third parties. If you reside in California and have provided your Personally Identifiable Information to OpenMessage, you may request information about our disclosures of certain categories of Personally Identifiable Information to third parties for direct marketing purposes. Such requests must be submitted to us at either firstname.lastname@example.org or
Attn: California Privacy Rights
235 Elizabeth Street, #1A
New York, NY10012
Within fifteen (15) days of receiving such a request, we will provide a list of the categories of Personally Identifiable Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this Section.
14. Privacy Inquiries