Privacy Policy

OPENSOFT®

PRIVACY POLICY

OPENSOFT INC., (“OPENSOFT”) is a software development company that licenses and maintains the software it develops for its customers. OPENSOFT is committed to protecting the privacy of its customers and their customers’ data. This privacy policy applies to all data we collect when our websites are used, including its online products, mobile applications, and services that link to this privacy policy (collectively, the “Services”) or when our customers otherwise interact with us and we with them. There are various ways that customers might interact with OPENSOFT, and the data you provide when doing so allows us to improve our services.By using our website (“Site”) and by supplying your details to OPENSOFT and entering into a Software License and/or Maintenance Agreement with OPENSOFT, you consent to OPENSOFT collecting and processing your data. You also represent and warrant to OPENSOFT that to the extent as a customer of OPENSOFT you onward transfer your customer’s personally identifiable data, the receipt, storage and processing of such data has been authorized by your customer and that all such data has been collected, stored and transferred for processing by OPENSOFT in accordance with the Privacy Shield Principles and that any processing by OPENSOFT for these purposes has been authorized.

This privacy policy explains:

• What data we collect, and why we collect it

• How we use that data

• How we protect that data

• How you can control your data, including accessing, updating and deleting what we store

• How we share data collected

 

Data We Collect & Share

OPENSOFT may collect or record basic personal data of its direct customers (e. g., name, e-mail address, mailing address, phone number) which is voluntarily provided through forms on our Site, through social media, subscription to our email alerts, electronic mail you send to us, or through other means of communication between you and OPENSOFT.

OPENSOFT only collects personal data of a more sensitive nature (e. g. social security or other governmental ID numbers, credit card details and account numbers) where it is appropriate or necessary for conducting business. This data will be collected, stored, accessed and processed in a secure manner. OPENSOFT may also collect general non-personal data pertaining to users of our sites, including source domain names, specific web pages, length of time spent, and pages accessed. This data is collected, among other things, to aggregate statistical data, facilitate system administration and improve the Site.

OPENSOFT also collects, uses, and discloses identifiable data about individual contacts for OPENSOFT’s customers (“Business Contact Data”) in the ordinary course of its business for managing and maintaining our customer’s software and databases. In particular, OPENSOFT may obtain the following types of Business Contact data: name, address, invoice data including bank account data, and order data. Unless otherwise specified or prohibited, OPENSOFT may share data with affiliates, business partners, service providers, subsidiaries or contractors who are required to provide you with services which you have requested from us.

OPENSOFT may also post links to third party websites as a service to you. These third-party websites are operated by companies that are outside of our control, and your activities at those third-party websites will be governed by the policies and practices of those third parties. We encourage you to review the privacy policies of these third parties which you contact directly before disclosing any data, as we are not responsible for the privacy policies of those websites.

 

Purpose of Data Collection:

OPENSOFT INC. (“OPENSOFT, “„we“, and „our“) operates as a data processor for our business customers, located in the US, EU and other geographic locations worldwide. OPENSOFT’s business customers remain the data controllers with respect to any Customer data that they provide to OPENSOFT for our provision of goods and/or services. OPENSOFT therefore acts in accordance with the instructions of such customers regarding the collection, processing, storage, deletion and transfer of Customer data, as well as other matters such as the provision of access to and rectification of this Customer data. OPENSOFT may obtain in the US the following types of EU and Swiss Business Contact Information: name, address, invoice information and order information. OPENSOFT uses EU and Swiss Business Contact Information for the following purposes: managing customer relationships, managing orders, tracking payments and ensuring payment, and otherwise maintaining the customer relationship.

 

How We Use data

OPENSOFT uses the data we collect to provide you with services which you request and to improve our existing services and the content of our Site. When you contact OPENSOFT, we may keep a record of your communication to help solve any issues that you might be facing. Depending on the country in which you live, work or access our Site (s), your data may be retained for a reasonable time for use in future contact with you, or for future improvements to OPENSOFT services.

OPENSOFT may also use or disclose your personal data when OPENSOFT believes, in good faith, that such use or disclosure is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements, or (iii) protect the rights, property or safety of OPENSOFT, OPENSOFT users, or others. OPENSOFT reserves the right to transfer and disclose your data if OPENSOFT becomes involved in a business divestiture, change of control, sale, merger, or acquisition of all or a part of its business.

 

Web User Tracking — Use of Cookies

Cookies are a technology that can be used to help personalize your use of a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it or decline at any time. To enable OPENSOFT to access the effectiveness and usefulness of this Site, and to give you the best user experience, we collect and store data on pages viewed by you, your domain names and similar data. Our Site makes use of anonymous cookies for the purposes of:

• Completion and support of Site activity;

• Site and system administration;

• Research and development;

• Anonymous user analysis, user profiling, and decision-making.

 

OPENSOFT Employee Information:

With regard to OPENSOFT employee data, OPENSOFT collects employee data only for legitimate business purposes, including:

• Carrying out obligations under employment contracts and employment, tax and benefits laws, and in connection with other working relationships or arrangements

• Employee communications, including development and training programs

• Maintaining a global employee directory

• HR activity including: ◦Managing employee compensation and performance

◦ Managing employee hiring (including background checks, references checks) and employee terminations

◦ Voluntarily obtaining employee personal data about family members, including emergency points of contact

Employee information on health, performance evaluations and other sensitive employee matters, whether it is stored manually or electronically, is accessible by other OPENSOFT employees only if necessary with respect to legitimate human resource functions or issues. Additionally, employee personal/family information is never sold, leased, or rented to any third party. OPENSOFT will obtain affirmative consent from an employee before using such employee’s personal data for any purpose other than described above.

 

Employee personal data will never be disclosed to third parties except as follows:

• To those retained by OPENSOFT as agents for the purposes of providing requested services to OPENSOFT

• Where required pursuant to an applicable law, governmental or judicial order, law or regulation, or to protect the rights or property of OPENSOFT

• Where the employee voluntarily provides personal data and the context makes it clear that such data will be provided to a third party.

Where human resource data is transferred from the EU to the US in the context of the employment relationship, OPENSOFT will cooperate in investigations by and to comply with the advice of the appropriate EU authorities.

OPENSOFT CUSTOMERS’ Employee Information:

With regard to OPENSOFT CUSTOMERS’ employee data, OPENSOFT receives such employee data only as an onward transfer from OPENSOFT CUSTOMERS for legitimate business purposes of storage, archival, processing, and retrieval at the request of such Customers and for their legitimate business purposes, including:

• Carrying out obligations under employment contracts and employment, tax and benefits laws, and in connection with other working relationships or arrangements

• Employee communications, including development and training programs

• Maintaining a global employee directory

• HR activity including: ◦Managing employee compensation and performance

◦ Managing employee hiring (including background checks, references checks) and employee terminations

◦ Voluntarily obtaining employee personal data about family members, including emergency points of contact

Employee information on health, performance evaluations and other sensitive employee matters, whether it is stored manually or electronically, is accessible by other OPENSOFT employees only if necessary with respect to legitimate human resource functions or issues as requested by OPENSOFT CUSTOMERS. Additionally, employee personal/family information is never sold, leased, or rented to any third party. OPENSOFT requires that their Customers obtain affirmative consent from an employee before using such employee’s personal data for any purpose other than described above.

Employee personal data will never be disclosed to third parties except as follows:

• To those retained by OPENSOFT as agents for the purposes of providing requested services to OPENSOFT

• Where required pursuant to an applicable law, governmental or judicial order, law or regulation, or to protect the rights or property of OPENSOFT

• Where the employee voluntarily provides personal data and the context makes it clear that such data will be provided to a third party.

Where human resource data is transferred from the EU to the US in the context of the employment relationship, OPENSOFT will cooperate in investigations by and to comply with the advice of the appropriate EU authorities.

 

Security

The security of your personal data is important to us. We follow generally accepted industry standards to protect the personal data submitted to us, both during transmission and once we receive it.

OPENSOFT uses reasonable measures to safeguard personally identifiable data, which measures are appropriate to the type of data maintained and follows applicable laws regarding safeguarding any such data under our control. In addition, in some areas of our sites, OPENSOFT may use encryption technology to enhance data privacy and help prevent loss, misuse, or alteration of the data under OPENSOFT’s control. OPENSOFT also employs industry-standard measures and processes for detecting and responding to inappropriate attempts to breach our systems.

 

No method of transmission over the Internet, or method of electronic storage, can be 100% secure. Therefore, OPENSOFT cannot guarantee the absolute security of your data. The Internet by its nature is a public forum, and OPENSOFT encourages you to use caution when disclosing data online. Often, you are in the best situation to protect yourself online. You are responsible for protecting your username and password from third party access, and for selecting passwords that are secure.

 

Monitoring and Enforcement

OPENSOFT regularly reviews our compliance with our privacy policy. We also adhere to several self-regulatory frameworks in addition to complying with applicable law. If we receive formal written complaints, we will follow up with the person making the complaint. We work with the appropriate regulatory authorities to resolve any complaints that cannot be resolved directly.

 

Compliance

Privacy Shield (European Union and Switzerland)

OPENSOFT complies with the EU-U. S Privacy Shield Framework and the Swiss — U. S Privacy Shield Framework as set forth by the U. S. Department of Commerce regarding the collection, use and retention of personal data transferred from the European Union (EU) and Switzerland to the United States, respectively. OPENSOFT has certified to the Department of Commerce that is adheres to the Privacy Shield Principals. If there is any conflict between the terms of this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, please visit the Department of Commerce’s Privacy Shield Website at https://www.privacyshield.gov/. To view our certification, please visit https://www.privacyshield.gov/list.

OPENSOFT may obtain in the US the following types of EU and Swiss information from its subscribing customers: name, address, invoice information including bank account information, and order information (“EU and Swiss Business Contact Information”). OPENSOFT uses EU and Swiss Business Contact Information for the following purposes: managing customer software and databases. OPENSOFT may disclose EU and Swiss Business Contact Information to its affiliates, subsidiaries, business partners, and service providers for the purposes listed above. OPENSOFT does not solicit information from its customer’s customers and only receives such information as an onward transfer from OPENSOFT’s customers for the purpose of software and data maintenance as requested by its customers. OPENSOFT does not market or remarket to its customers’ customers and any personal information received is stored or onward transferred only for that purpose.

In situations where OPENSOFT discloses (i. e. onward transfers) EU and Swiss Business Contact Information to any third parties acting as service providers or “agents” on behalf of OPENSOFT, OPENSOFT will require the recipient to protect the disclosed EU and Swiss Business Contact Information in accordance with the relevant Privacy Shield Principles, or otherwise take steps to ensure that the EU and Swiss Business Contact Information is appropriately protected. With respect to any sharing of EU and Swiss Business Contact Information for the purposes of marketing OPENSOFT products and services, OPENSOFT obtains guarantees from its affiliates, subsidiaries and business partners that such entities will use and disclose such EU and Swiss Business Contact Information for purposes of marketing OPENSOFT products and services only. In cases of onward transfer of EU or Swiss Business Information to third parties pursuant to Privacy Shield, OPENSOFT is potentially liable in the event of an improper disclosure. In certain situations, individuals may seek to opt-out of disclosures of their EU and Swiss Business Contact Information by contacting OPENSOFT as specified in the “Contacting OPENSOFT” section below.

OPENSOFT takes appropriate technical and organizational measures to safeguard EU and Swiss personal data against unauthorized or unlawful processing of, or accidental loss, damage, misuse, unauthorized access, unauthorized disclosure, unauthorized alteration, or destruction, and maintains reasonable procedures to help ensure that such information is relevant for its intended use, accurate, complete, current and not excessive and that such information is not retained longer than is reasonably necessary.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, OPENSOFT is subject to the regulatory enforcement powers of the United States Federal Trade Commission. In certain situations, OPENSOFT may disclose EU and Swiss personal data as necessary in connection with the sale or transfer of all or part of its business, where required or permitted by law, where OPENSOFT believes that such disclosures are appropriate in connection with a law enforcement request or as otherwise permitted by the Privacy Shield Principles, or in order to investigate, prevent or take action regarding illegal activities or suspected fraud or in order to comply with, enforce or apply OPENSOFT agreements.

 

In compliance with the Privacy Shield Principles, OPENSOFT commits to resolve complaints about our collection or use of your personal data at no cost to the individual. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first OPENSOFT Privacy Shield point of contact — DataPrivacyCompliance@OPENSOFTDEV.com. OPENSOFT will respond to your inquiry within 45 days.

OPENSOFT INC. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.

In the event of a reported complaint that OPENSOFT does not resolve itself, OPENSOFT has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

 

Data Processor Activities

OPENSOFT operates as a data processor for our business customers located in the US, EU and other geographic locations worldwide. OPENSOFT’s business customers remain the data controllers with respect to any Customer data that they provide to OPENSOFT for our provision of services. OPENSOFT therefore acts in accordance with the instructions of such customers regarding the collection, processing, storage, deletion and transfer of Customer data, as well as other matters such as the provision of access to and rectification of this Customer data.

 

Children’s Online Privacy Protection — COPPA

OPENSOFT does not sell its services to children. As such, our Sites are designed for adult user interaction. We do not intentionally collect personally identifiable data from children under the age of 13.

 

Accessing and Updating Your Personal Data

If you have provided OPENSOFT with your personal data you have various rights:

• If you are a data subject based in the EU [and to the extent that Article 3 (2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applies to you] and where we control your data you have the right:

◦ (in certain circumstances) to erasure of personal data (and to therefore be forgotten);

◦ to data portability;

◦ to launch a complaint with the office of the Information Commissioner;

◦ to inspect the data stored by OPENSOFT for accuracy;

◦ to have the option to opt-out or opt-in for further communications from OPENSOFT

◦ via Subject Access Request, to know whether or not we are processing your personal data, the nature of that personal data and the purposes of the processing.

• Where the above does not apply to you, you may have the right to inspect the data stored by us for accuracy or may request that the data be removed from our files. OPENSOFT will make a reasonable effort to comply with such requests except where it would require a disproportionate effort (for example developing a new system or changing an existing practice). We may require that you verify your identity before we act on a request to edit or remove your data.Please direct any questions about your data to OPENSOFT by sending on inquiry to the appropriate contact in the “Contacting OPENSOFT” section below.

 

Changes to this Privacy Policy

OPENSOFT may change this privacy policy from time to time. If this privacy policy changes, the revised privacy policy will be posted at the “Privacy Policy “link on the Site’s home page. In the event that the change is significant or material, we will notify you of such a change by revising the link on the homepage to read “Newly Revised Privacy Policy. “Please check the privacy policy frequently. Your continued use of the Site constitutes acceptance of such changes in the privacy policy, except where further steps are required by applicable law.

 

Contacting OPENSOFT

Questions regarding OPENSOFT’s Privacy Policy should be directed to:

Paul Barnum, Data Privacy Compliance Officer
Phone 702–781-5839
Paul.Barnum@OPENSOFTDEV.COM

or,

Brett Heap, CEO
Phone 949–415-1500
Brett.Heap@OPENSOFTDEV.COM

 

[Published 1/18/2019]