PRIVACY POLICY

Last revised on April 6, 2021

1. WHO WE ARE

OpenUp is a mobile app and associated services operated by OpenUp, Inc. (“us,” “we,” the “Company” or “OpenUp”), the company responsible for your information:

OpenUp, Inc.
2845 Shady Valley Dr.
Atlanta, GA 30324

2. WHERE THIS PRIVACY POLICY APPLIES

This Privacy Policy applies to websites, apps, events and other services operated by OpenUp, Inc. For simplicity, we refer to all of these as our “services” in this Privacy Policy.

3. INFORMATION WE COLLECT

OpenUp collects basic profile details. We also collect information generated as you use our services, for example user interactions, access logs, call recordings, as well as information from third parties, like when you connect to a social media account.

Information you give us

You choose to give us certain information when using our services. This includes:

• When you create an account, you provide us with your phone number, as well as some basic details necessary for the service to work, such as your date of birth.
• When you participate in surveys or focus groups, you give us your insights into our products and services, responses to our questions and testimonials. You agree that OpenUp may share this information with 3rd party partners.
• When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter.
• If you contact our customer care team, we collect the information you give us during the interaction such as your name and email address. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service.
• If you ask us to communicate with or otherwise process information of other people (for example, if you ask us to send an SMS on your behalf to one of your friends), we collect the information about others that you give us in order to complete your request.

Information we receive from others

In addition to the information you provide us directly, we receive information about you from others, including:

• Other Users : Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you.
• Social Media: You may use your social media account (such as Facebook or Instagram) to share content from your OpenUp account.
• Other Partners: We may receive info about you from our partners, for instance where OpenUp ads are published on a other websites and platforms (in which case they may pass along details on a campaign’s success).

Information collected when you use our services

When you use our services, we collect information about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details:

• Usage Information: We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, how many games you’ve played, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive).
• Device information: We collect information from and about the device(s) you use to access our services, including:
  • hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address);
  • information on your wireless and mobile network connection, like your service provider and signal strength;
  • information on device sensors such as accelerometers, gyroscopes and compasses.
• If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the services).

4. COOKIES AND OTHER SIMILAR DATA COLLECTION TECHNOLOGIES

We use and may allow others to use cookies and similar technologies (e.g., local storage, pixels) to recognize you and/or your device(s).

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have his or her online activity tracked. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including OpenUp, do not currently respond to DNT signals.

5. HOW WE USE INFORMATION

The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe and to provide you with advertising, games, and prizes that may be of interest to you. Read on for a more detailed explanation of the various reasons we use your information, together with practical examples.

To administer your account and provide our services to you

• Create and manage your account
• Provide you with customer support and respond to your requests
• Complete your transactions
• Communicate with you about our services

To help you connect with other users

• Analyze your profile, activity on the service, and preferences to recommend meaningful connections to you and recommend you to others to play.
• Show users’ profiles to one another

To provide new OpenUp services to you

• Register you and display your profile on new OpenUp features and apps
• Administer your account on these new features and apps

To serve you relevant offers, ads, and opportunities to play games and win prizes.

• Administer sweepstakes, contests, games discounts or other offers
• Develop, display and track content and advertising tailored to your interests on our services and other sites
• Communicate with you by email, phone, SMS, notifications, social media or mobile device about products or services that we think may interest you

To improve our services and develop new ones

• Administer focus groups and surveys
• • Conduct research and analysis of users’ behavior to improve our services and content (for instance, we may decide to change the look and feel or even substantially modify a given feature based on users’ behavior)
• • Develop new features, games or services

To prevent, detect and fight fraud or other illegal or unauthorized activities

• Address ongoing or alleged misbehavior on and off-platform
• Perform data analysis to better understand and design countermeasures against these activities
• Retain data related to fraudulent activities to prevent against recurrences

To ensure legal compliance

• Comply with legal requirements
• Assist law enforcement
• Enforce or exercise our rights, for example our Terms of Service

To process your information as described above, we rely on the following legal bases:

• Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you.
• Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes.
• Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy.

6. HOW WE SHARE INFORMATION

We share some users’ information with service providers, partners, and other users who assist us in operating the services, with other OpenUp, Inc. companies and, in some cases, legal authorities. Read on for more details about how your information is shared with others.

• With other users You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publicly viewable since neither you nor we can control what others do with your information once you share it.
  If you choose to limit the audience for all or part of your profile or for certain content or information about you, then it will be visible according to your settings.
• With our service providers and partners We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations.
  
  We may also share information with partners who distribute and assist us in advertising our services, as well as 3rd party partners providing prizes.
• For corporate transactions We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.
• When required by law We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
• To enforce legal rights We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
• With your consent or at your request

  We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information.

  We may use and share non-personal information (meaning information that, by itself, does not identify who you are such as device information, general demographics, general behavioral data, geolocation in de-identified form), as well as personal information in hashed, non-human readable form, under any of the above circumstances. We may also share this information with other OpenUp companies and third parties (notably advertisers) to develop and deliver targeted advertising on our services and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine this information with additional non-personal information or personal information in hashed, non-human readable form collected from other sources.

7. YOUR RIGHTS

We want you to be in control of your information, so we have provided you with the following tools:

• Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact our customer care team for help here.
• Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.
• Deletion. You can delete your account by using the corresponding functionality directly on the service.

We want you to be aware of your privacy rights. Here are a few key points to remember:

• Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by putting in such a request here.
• Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us at [email protected]

For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.

Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.

Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth or phone number.

• Uninstall. You can stop all future information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.
• Accountability. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.

9. RESIDENTS OF CALIFORNIA

If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request here. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.

10. HOW WE PROTECT YOUR INFORMATION

We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure.

We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures.

We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately at [email protected]

In order to ensure that our systems and your information are protected against unauthorized access, theft and loss, we implemented a bug bounty program.

11. HOW LONG WE RETAIN YOUR INFORMATION

We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law. To protect the safety and security of our users on and off our services, we implement a safety retention window of three months following account deletion. During this period, account information will be retained although the account will of course not be visible on the services anymore.

In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window) or after two years of continuous inactivity, unless:

1. we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations);
2. we must keep it to evidence our compliance with applicable law (for instance, records of consents to our Terms, Privacy Policy and other similar consents are kept for five years);
3. there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
4. the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.

Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.

12. CHILDREN’S PRIVACY

Our services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please use the reporting mechanism available through the service.

13. PRIVACY POLICY CHANGES

Because we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.

14. HOW TO CONTACT US

If you have questions about this Privacy Policy, here’s how you can reach us: [email protected]