OpenCity

Privacy Policy

Effective Date: January 22, 2018

INTRODUCTION

Welcome to OpenCity! Maintaining the privacy of our visitors and customers and keeping their personal information secure is very important to OpenCity because we want all our visitors and customers to have a great experience at OpenCity. We also want you to be well informed on privacy and security issues, so OpenCity provides this Privacy Policy (“Privacy Policy”) to inform you about the ways in which OpenCity collects, uses and discloses information it obtains through the content and services OpenCity provides through the www.OpenCity.co website (the “Website”), the OpenCity texting, messaging, and multi-media communications network (the “Network”), the Open City Chat Manager Application and any other applications we provide (the “App(s)”), which, collectively, we refer to in this Privacy Policy as our “Services.”

This Privacy Policy is part of and incorporated into our Terms and Conditions of Use of Services Agreement (the “Agreement”) https://www.opencity.co/terms-and-conditions.html Generally, if we use terms in a specialized or particular way, we will capitalize them define them in this Privacy Policy, but if a special capitalized term occurs without a definition, it will have the definition assigned to it in the Terms and Conditions of Website Use Agreement.

As you are a user of our Services, please know that we generally place users in two categories: “Visitors” are users who make only passive, non-interactive use ofthe Website, but who do not register and create an account profile and do not otherwise use our Services; “Customers” are users who use our Services for communications (including use for voice messages, video calls, texting, messaging, multi-media or other electronic communications), and/or register and create an account profile in order to access certain portions of our Website and Network, and/or download and use the App(s). (For clarity, if you make a telephone call or a video call, or if you send texts or SMS messages, multi-media communications, or other kinds of electronic communications using our Services, we consider this use of the Services even if you do not download the App(s), and thus you are a “Customer” as defined in this Privacy Policy.) This Privacy Policy applies to you whether you are a Visitor or a Customer, and we refer to both categories together as “Users.”

This Privacy Policy primarily concerns personally identifiable information (“PII”), which is information belonging to an individual person and identifying that individual person. PII includes information such as an individual person’s full name, mailing address, e-mail address, telephone number, mobile phone number, SMS number, social security number, government identification number (such as a driver’s license number of passport number), employer, and/or account number for a credit or debit card or for another financial product or service. Also included in PII is information about the computer or mobile device that you use to access our Services.

As of the Effective Date above, we will collect, use, and share your PII in the following ways under this Privacy Policy.

1. PII and Children.

The Children’s Online Privacy Protection Act (“COPPA”) requires online service providers to obtain parental consent before they knowingly collect PII from children who are under 13 years of age. We do not knowingly collect or solicit PII from children under 13. If you are a child under 13, please do not attempt to register as a Customer with us, and do not attempt to or send any personal information about yourself to us through our Services. If we learn that we have collected PII from a child under age 13 without parental consent, we will delete that information as quickly as possible as may be required by COPPA and other laws. If you believe that a child under 13 may have provided us personal information without parental consent, please contact us at privacy@opencity.co.

2. PII that We Collect because You Provide It to Us or to our Partners.

a. Registration. If you are a Customer, then we will collect the information you provide when you register for our Services and create an account profile. This information will generally include your basic contact information, such as a mobile phone number and an email address, as well as your mailing address. If you access social media platforms through our services, such as, for example, Facebook, Instagram, and Twitter, we may also collect any social media account information either that you provide as part of your registration, or that you have made publicly available, such as, for example, your public tweets on your Twitter page, or your postings on the Facebook and Instagram platforms.

b. Messaging Communications. If you use the Services to communicate, whether with our licensors, merchants, partners, vendors, Network members or other third parties who support us or are affiliated with us (collectively, “Partners”), we will collect the information you provide in those communications, which may include opinions you express about your preferences in regard to retail goods, retail stores, restaurants, service providers, health & fitness clubs, hotels, events, foods, beverages, entertainment, types of cuisine, current and past booking details, booking paths, searches, dining and entertainment activity, marketing responses, and other information you may provide about yourself or others. In addition, if others provide information about you in response to your communications, we may collect that information too. For clarity, if you send a text message, or another form of message (including multi-media communications and other electronic communications), to one of our Partners, for example, to a restaurant that is part of our Network, we will collect that information either because our Partner sends it to us (including your subsequent back-and-forth text messages or other forms of electronic communications with our Partner) or because our Partner has linked its customer relationship management system (“CRM”) to our Services. In the Agreement (https://www.opencity.co/terms-and-conditions.html), we refer to your messages and other forms of electronic communications as “User-Generated Content,” and we emphasize both in the Agreement and in this Privacy Policy that unless we affirmatively indicate that your communications are private (such as if, for example, we provide a secured text messaging feature as part of our Services), your User-Generated Content will not be confidential or private.

c. Customer Support. We may collect information about you through your communications with our customer-support team.

d. Payments. If you are a Customer, our Services may provide you with the means for making online payments to our Partners and service providers, so if we provide such functionality as an aspect of our Services, we will collect and process your payment information, and we may securely retain and archive the payment card information that you provide, solely for the purpose of following further transaction instructions from you (e.g., processing a cancellation, a refund request, or a new charge).

3. PII that We Collect Automatically.

a. Partner CRM Information. If our Partners link their CRM systems to our Services, we will automatically receive and collect texts and other information which you submit to our Partners.

b. Location Information. If you enable the geolocation settings in your mobile device to send location information about you, we will automatically collect that information.

b. Computer and Mobile Device Information. When you use our Services with a computer or a mobile device, we will collect certain information that your device sends us such as information your browser sends us (such as your browser type and version), your device’s Internet Protocol address, your location (if geolocation is enabled), your operating system, and statistics about how you use the Services.

c. Cookies. We also automatically collect “cookie” information. “Cookies” are identifiers that we transfer to your browser or device that allow us to recognize your browser or device and tell us about your visit to our Services: for example, we will gather information about your navigation history through our Website, the number of your visits, the average time you have spent, the pages that you have viewed, and other statistics.

4. How We Use Your PII.

We use the information we collect through the use of our Services by Users and Partners in the following ways:

a. General and Marketing Communications. We may use your PII to deliver marketing and event communications to you across various platforms, such as email, telephone, text messaging, direct mail, online via our Website, or as a supplement to the App. If we send you a marketing communication through the Services, it will include instructions on how to opt out of receiving these communications in the future (for more information about opting out, see Section 6 (Your Control of Our Use of Your PII below).

b. Combined Information. We may combine your PII with information we automatically collect from your computer or mobile device to serve you specifically, or for advertising or advertising targeting purposes.

c. Surveys. We may use your PII to invite you to participate in a survey or take a questionnaire relating to some aspect of our business.

d. Specific Communications. We may use your PII to respond to your submissions, questions, comments, requests and complaints and to provide you with customer service.

e. Security. We may use your PII to improve our security measures as part of our efforts to keep the Services safe and secure.

f. Analytics. We may use your PII to facilitate our internal operations, including troubleshooting, data analysis, testing, research, customization, and enhancements and improvements to the Services. As part of these efforts, we strip PII of its sensitive and individual data and make it anonymous so that it is no longer PII (“non-PII”), and then we aggregate that non-PII and subject it to analysis in its aggregate form. Quantitative analyses of aggregated non-PII data can tell us how often Users access a particular feature of the Services, and we can use that knowledge to make the Services more efficient, and to make them as useful to as many Users as possible. We also use anonymous non-PII, some of which is obtained via pixels or web beacons, for internal research and development purposes, to improve our products, and to improve and test the features and functions of our Sites.

g. Administrative Communications. We may use your PII to send you confirmations, updates, security alerts, and support and administrative messages about the state of the Services or about your account.

h. Legal Enforcement. We may use your PII to protect our Users and to protect or enforce our Users’ or OpenCity’s legal rights.

i. Affiliates and Subsidiaries. We may share PII with our affiliates and subsidiaries in order to expand and enhance the Services we provide to you. In such instances, our affiliates and subsidiaries will be bound to keep your PII secure by confidentiality provisions in their agreements with us.

j. Retention. We may retain your PII as long as you are registered to use the Services. As discussed in Section 6 (Your Control of Our Use of Your PII below), you may close your account and delete your account profile, but we may retain your PII in a secure manner for an additional period as is permitted or required under applicable laws. Further, even if we delete your PII from our active records, it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for our legitimate and lawful business purposes.

5. The Limited Ways in which we Share PII with Third Parties.

OpenCity may share PII with a third party in the following ways:

a. Consented Uses. If we obtain your consent, such as when you choose to opt-in to the sharing of data, we may share your PII in order to provide the Services to you. Similarly, we may need to disclose some of your PII in order to fulfill a request from you, such as when you desire to send a communication to another Customer.

b. Contracts with Partners and Service Providers. We may enter into contracts with other companies and people to perform tasks on our behalf, and so we may need to share your PII with them to provide products or services to you. These vendors do not have any right to use the PII we share with them beyond what is necessary to assist us, and their agreements with us bind them to confidentiality obligations in regard to your PII.

c. Marketers. We may engage with a service provider for marketing and promotional purposes, and effective marketing may require us to provide some PII to the marketing service provider.

d. Asset Purchases or Sales. We may choose to buy or sell business assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, PII could be one of the assets transferred to or acquired by a third party.

e. Aggregate Non-PII. We may provide anonymized non-PII information in aggregate form to our Partners and service providers, who may perform various analytics on our Services or may use the aggregated information to develop their own marketing for their own business purposes. In such circumstances, we do not disclose aggregate information to a partner in a manner that would identify you personally, as an individual.

f. Enforcing Legal Rights. We may need to disclose your PII to protect the rights of our Users or to protect OpenCity’s rights or property.

g. Complying with Legal Orders. We may be required to use and retain PII for legal and compliance reasons, such as the following: to prevent, detect, or investigate a crime such as fraud or identity theft; to prevent loss of confidential information; to meet our internal and external audit requirements; to provide security; to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities; to enforce our terms and conditions; to respond to any other necessary compliance circumstances under applicable laws; and, to protect our rights, privacy, safety, or property, or those of other persons. To help us achieve these lawful purposes, we reserve the right to access, read, preserve, and disclose any information that we believe is necessary for us to comply with law or with an order from a court or regulatory agency, to enforce our agreements, or to protect the rights, property, or safety of our employees, our Users, or others.

6. Your Control Over Our Use of Your PII.

You have the right to control the use of your PII in the following ways:

a. General and Marketing Communications. If you do not want to receive general communications from us, which will include marketing materials from us and from our Partners, you may opt-out of receiving such communications, and we ask that you please indicate your preferences by emailing privacy@opencity.co. Please remember that even if you opt out of receiving general and marketing communications from us, we may still send you important information related to your account or to the Services.

b. Text Messages. If you are receiving texts sent via the Service and you wish to opt out, reply STOP to any such message, or send an email with your cellphone number and the subject line “Opt-Out” to privacy@opencity.co.

c. Profile Changes. Because we have Users who reside in California, our Privacy Policy complies with the California Online Privacy Protection Act (“CalOPPA”). Under CalOPPA, you have the right to change, edit, or delete any of the PII we have collected from you during your use of our Services. If you are a Customer, you can add, edit, or update your personal information, or delete your registration account profile in whole or in part by emailing privacy@opencity.co. Please know that when you update or delete your information, we may maintain a copy of the unrevised information in our records, but never in a manner that would identify you personally. Also, please keep in mind that if you delete your registration account profile in whole or in part, certain aspects of the Services may no longer be available to you unless and until you re-register.

d. Location Information. You can prevent us from collecting location information from your mobile device by changing the settings on your device; however, please keep in mind that many aspects of the Services provided by OpenCity are dependent upon geographical searching, and so if you do not provide us with location information. you may not be able to make use of the full functionality and benefits of the Services.

e. Social Media Notifications. If you connect a social media account such as Facebook or Instagram to your OpenCity account profile, you may receive updates on what your friends are doing on the Services. However, you can manage these notifications by toggling your social settings to ensure your privacy or by disconnecting such social media integration.

f. Cookies. Users who prefer not to accept cookies can set their Internet browser to notify them when they receive a cookie or to prevent cookies from being placed on their hard drive. You can read more about cookies at http://www.allaboutcookies.org/cookies/.

g. Google Analytics. One of the service providers that we use for data analytics is Google Analytics. If you do not want Google Analytics to collect and use information about your use of the Service, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/).

h. Marketing and California’s Shine the Light Law. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice which identifies the categories of PII that we share with any third parties for marketing purposes, and which provides contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to privacy@opencity.co.

7. Our Response to DO NOT TRACK Preferences.

If you use a popular browser (such as, but not limited to, Safari, Chrome, Internet Explorer, or Firefox) you can set the “Do Not Track” (or DNT) preference setting on your browser to opt-out of online behavioral tracking, which is done by various companies, particularly by those that, like OpenCity, provide targeted advertising. Your right to opt-out of such tracking is protected under CalOPPA. We do track our Users to provide targeted advertising, and, therefore, we do respond to Do Not Track (DNT) signals, as we are required to do under CalOPPA.

8. Users Who Reside in Jurisdictions Other than the United States.

If you access the Services from a jurisdiction in the European Union or from another jurisdiction with laws governing data collection and use, please note that you are using Services with privacy and security safeguards designed to comply with the applicable state and federal laws of the United States. By using the Services, you are agreeing to the transfer of your information to the United States and processing of such information in the United States in accordance with this Policy.

9. Additional Information about OpenCity’s Privacy Policy.

a. No Guarantee of Complete Security. Although we use commercially reasonable efforts consistent with industry standards to keep your PII secure, we cannot guarantee complete security. If you are a Customer, your account is protected by a password for your privacy and security. You bear the responsibility and obligation to prevent unauthorized access to your account and your PII by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or your mobile device and closing your browser and signing off after you have finished accessing your account. Unauthorized entry or use, hardware or software failure, and other factors beyond the control of OpenCity, may compromise the security of User information at any time.

b. Privacy Policy Updates. We might make revisions or updates to this Privacy Policy. If we make such an update or revision, we will also update the Effective Date above, and we will alert you to changes by placing a notice on our Website and in our App, and/or by emailing you, and/or by some other means. Please note that if you do not read new updates to the Privacy Policy, those updates, once noticed and published, will still govern your use of the Services, and you are still responsible for understanding any update. If you use the Services after any changes to the Privacy Policy have been posted (as indicated by the Effective Date above), that means you agree to all of the changes.

c. Links to Third-Party Sites. This Privacy Policy applies only to the use of information by OpenCity through its Services. The Services may contain links to other websites not operated or controlled by us (“Third-Party Sites”). This Privacy Policy does not apply to any Third-Party Sites. Further, any links from the Services to Third-Party Sites do not imply that we endorse or have reviewed the Third-Party Sites. We suggest contacting such sites directly for information on their privacy policies.

d. Questions. If you have any questions or concerns regarding our Privacy Policy, please send us a detailed message to privacy@opencity.co, and we will try to resolve your concerns.