Openlayer Inc.

PRIVACY POLICY

Last Updated: August 24, 2022

This Privacy Policy (this “Policy”) describes the practices of Openlayer Inc. (“Openlayer,” or “us,” “we,” or “our”) for collecting, using, maintaining, disclosing, and otherwise processing (collectively, “processing”) the information that we collect from you via this website or receive from others, as well as how we protect and secure your data. If anything in this Policy conflicts with specific terms and conditions in any agreement or contract you may have with Openlayer, those terms and conditions apply.

We provide platforms and tools for our clients to test and debug their machine learning models. Because of the nature of our platform, we may come into contact with a wide variety of information about you, even though we do not collect it from you directly. While this Policy describes our data processing activities generally, if you believe your personal information is being processed by a client of ours using Openlayer to test and debug their machine learning model, the policies and procedures with respect to your data may be more specifically described elsewhere, such as in our agreement with the client or in their privacy policy or agreement with you. Openlayer acts merely as the “processor” in such circumstances, subject to the direction and control of our client, the third party “data controller.” To be clear, it is our policy to treat all personal information we receive from a client with the same or greater care that they use, and we strive for the greatest security of our client’s information. However, if you suspect one of our clients is processing your personal information using our platforms unlawfully, please contact us immediately.

If you have questions about this Policy, please do not hesitate to contact us at support@openlayer.com.  

1.      What information does Openlayer collect?

We collect both Personal Information and Non-Personal Information. We collect it when you provide it to us, when you purchase or inquire about our goods or services, when you provide it to our clients for processing using our modeling platforms, and, in certain circumstances, automatically when you visit our website through cookies and other tracking technologies.

When we say “Personal Information,” we are referring to information that can be used to identify, locate, or contact you, a natural person, as well as any other information about you that we may connect with Personal Information to identify you. We also include in our definition any other information that is otherwise defined as personal information under applicable law. Personal Information we collect might include:

·         Contact information such as your first and last name, email address, phone number, and physical address;

·         Relationship information such as your preferences or potential interest in our goods and services;

·         Transactional information such as purchases, services requested, customer service inquiries, session data, customer account activity, and other customer account information; and

·         Identifiable internet information, such as browser history and usage information, as well as interaction with our website or advertisements, to the extent such information is kept in a form that can identify you.

However, if your data is being used by a client of ours in their model, the Personal Information we process is going to be specific to their agreement with us. The Personal Information they use our modeling platforms to process could include the Personal Information we describe above, as well as more sensitive personal information, such as your opinions on various topics; your location; your gender, sex, or age; your financial information such as your credit score or spending habits; or your health or biometric information, among other things. We will refer to any Personal Information processed by a client using our modeling platforms, but not otherwise collected or used by us for any purpose, as “Modeling Data.” Again, we do not collect Modeling Data from you ourselves, though it may have been collected by someone else who uses our services to process it.

“Non-Personal Information,” on the other hand, is information that does not identify you as a natural person and is not identifiable to you as a natural person. For example, Non-Personal Information that we collect includes:

·         Cookies and other tracking technologies that are processed strictly in a non-identifiable way;

·         Information that is anonymous or that we anonymize by rendering it unidentifiable to a natural person;

·         Information that is aggregated or that we aggregate by combining it with other data in such a way that no natural person can be identified or linked to any specific information; and

·         The name, form, contact details, relationship information, transactional information, or financial information of legal persons and their representatives. By “legal persons,” we refer to business entities other than natural persons, such as corporations, limited liability companies, non-profit organizations, and other business entities distinct from their members.

2.      Why does Openlayer collect my Personal Information?

We collect Personal Information for a variety of purposes depending on the information being processed. For example, we may collect your contact information so that we can provide you with details of our goods and services, or we may collect identifiable internet information so we can offer you goods and services of ours in which we think you might be interested.

When it comes to Modeling Data, the reason we have this information is because the client providing it is using our platform. We, Openlayer, do not access or otherwise process this Modeling Data except in connection with our efforts to assess and improve, enhance, or continue development of our services. We do not share Modeling Data between clients.

With respect to Personal Information that we collect that is not Modeling Data, including contact information, relationship information, transactional information, and identifiable internet information, we may process this information to further our legitimate business interest in communicating to you offers for goods and services, including targeted offers based on your potential interests and a profile created based on your industry, company, role or function, email address, and search history. Please note that we will provide you with the opportunity to opt out of direct marketing communications or market research inquiries, but we will still need to gather certain Personal Information as necessary to accomplish the other purposes described above.

In short, we process Personal Information for the following purposes:

·         To serve our clients;

·         To oversee and complete transactions with our clients;

·         To prepare, deliver, maintain, and otherwise provide our goods and services;

·         To support and improve our goods and services;

·         To set up and maintain your user account and allow you to interact with us;

·         To provide you with customer service by resolving disputes, addressing complaints, and troubleshooting any technical problems encountered;

·         To measure and understand the effectiveness of our goods and services; and

·         To comply with applicable laws and regulations.

If we would like to process your Personal Information for any other purpose, we will disclose this to you at the time we collect it and may request your express consent.

With respect to Non-Personal Information, because this information does not identify you, we may use and process it for any purpose, including, without limitation, improving our goods and services and facilitating our marketing activities. For example, we may use such Non-Personal, anonymized or aggregated information to improve or develop our goods and services, create and publish reports, conduct statistical analyses about potential client interest, monitor industry trends, and otherwise engage in any activities that do not result in the processing of identifiable Personal Information.

We are committed to respecting your privacy. We will only process your Personal Information for the reasons disclosed in this Policy or as requested at the time of collection. We will only process Modeling Data in the context of our client’s engagement with us, with the exception of our efforts to improve our services. We do not sell, rent, or lease your Personal Information to others.

3.      Will Openlayer share my information with others?

To monitor, analyze, develop, improve, and market our goods and services, we may have to share Personal Information with our service providers, vendors, or developers and operators of our software. However, in the event we share Personal Information with any third party, we will maintain adequate controls and oversight, including contractual obligations where appropriate, to ensure that any third party whom we engage to assist us in processing Personal Information will only have access to the Personal Information necessary for it to perform specific, designated tasks on our behalf, will only use the information for this purpose, and will protect your Personal Information to at least the same extent that we do. In other words, we will require all third parties with whom we share your Personal Information to follow the same commitments we make to you. Furthermore, prior to sharing your Personal Information with any third party, we will evaluate such third party to ensure it can meet these obligations.

Among those with whom we share Personal Information, in particular identifiable internet information, are our analytics providers, including Google Analytics, Google Ads (AdWords), and Mixpanel. We use these services to track our website traffic and advertise our goods and services to you on the internet. Please see the section below regarding cookies and other tracking technologies, and your choices with respect to this processing. We also use GitHub to host and review code, manage projects, and build our software, all to help us develop our goods and services to provide to you. Finally, in the event we take a payment, we may use a third-party payment processor, such as PayPal or Braintree.

Please note, however, that this Policy applies only to information that we process and share with others—it does not apply to Personal Information that you share with others. In addition, with respect to Modeling Data, the client for whom we process this Modeling Data necessarily has access to it, as they direct and control the processing.

We may also share your Personal Information to comply with our legal obligations, such as responding to lawful requests from government or judicial entities, and demonstrating compliance with applicable law. Please note that if we are asked to provide Personal Information pursuant to a lawful subpoena or court order, we will, to the extent reasonably practicable and legally permissible, attempt to first notify you to allow you the opportunity to seek protection from disclosure. We will further endeavor to verify all requests and only disclose the information legally requested.

Finally, we may disclose Personal Information where needed as part of a sale or transfer of our assets, or to enforce our rights, protect our property or business interests, or protect the rights, property, or safety as others, and as otherwise needed to support external auditing, compliance, and governance functions. That said, any successor entity of ours will only be permitted to access Personal Information if they are first subject to the same commitments that we have made to you.

If we need to share your Personal Information for a purpose not identified here, we will obtain your consent before doing so and will disclose this purpose at the time of obtaining your consent. For example, we may wish to use your information in demonstrations or other marketing materials and, if so, will contact you before doing so.

With respect to Non-Personal Information, because this information does not identify a natural person we may share it as we find appropriate to improve our services. For example, we may engage expert partners to lead reviews of anonymized, aggregated data that we can then use to ensure we are providing you, our clients, and business partners with the best possible product. In the event we disclose anonymized or aggregated data, we will prohibit the recipient from attempting to re-identify any of this data.

4.      How long will Openlayer keep my information?

We keep different kinds of information for different lengths of time depending on the purpose for which we are processing the information and depending upon your specific situation. In any event, we will retain your Personal Information only as long as necessary to accomplish the relevant purpose, but no longer.

5.      How does Openlayer keep my information secure?

Taking into account the nature of the information gathered and the prevailing industry standards, we maintain a comprehensive security program that is reasonably designed to protect the security, confidentiality, and integrity of your Personal Information through administrative, technical, and physical controls appropriate to the sensitivity of the information. Moreover, when developing or improving our goods and services, we incorporate privacy and security into our design. For more information about our information security program, please contact us.

6.      What are my choices with respect to my information?

Your first choice is always to limit the information you provide. You may also opt out of certain marketing information by visiting our website and communicating your choices to us, or by clicking “unsubscribe” at the bottom of marketing emails you might receive.

Regarding cookies and other tracking technologies, you can manage these by adjusting the settings on your browser, commonly referred to as the browser’s “Do Not Track” settings. All browsers are different, so you may need to visit the “help” section of your browser to learn more about cookie preferences and other privacy settings that may be available. You can also manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn more. In general, we will comply with your browser’s “Do Not Track” settings.

We will support your ability to access, correct, and delete your Personal Information. If we have obtained your Personal Information from your employer, however, we may first have to confirm your request through them.

For assistance with exercising your choices, or if you have any questions about your choices, please contact us. 

7.      Regarding children under the age of 16:

We do not intend to collect Personal Information from children under the age of 16. If you believe a child is providing us Personal Information, please contact us directly and immediately so that we may investigate and delete it.

8.      For international residents:

We are headquartered in the United States of America. We and our authorized processors must therefore transfer your information to the United States of America and access it from the United States of America for the purposes described in this Policy. That said, we protect the privacy and security of Personal Information in the manner described in this Policy regardless of where it is collected, stored, accessed, or otherwise processed.

9.      For residents of the European Economic Area:

The General Data Protection Regulation (“GDPR”), particularly Articles 15 to 21, affords you a number of rights as a data subject residing in the European Economic Area (EEA). We encourage you to read and learn about those rights on your own, but the following will help you to begin to understand those rights. 

  1. Access: This allows you to request from us information about your personal information, including what data we have and how and why it is being processed.
  1. Rectification: In the event that some or all of the personal information that we have concerning you is inaccurate, this gives you the right to have those inaccuracies rectified. 
  1. Erasure: In some cases, you may have the right to request that we erase your personal information in our possession.
  1. Restriction of Processing: This gives you the right, in some circumstances, to have us process your personal information only with your consent.
  1. Objection to Processing: Where we are processing your personal information on the grounds of its legitimate interests, or to carry out tasks in the public interest or to exercise official authority, you have a right to object to the processing on grounds relating to your particular situation. In cases where you object to our processing of your personal data for direct marketing purposes, the processing will cease.
  1. Data Portability: This allows you to request a copy of your personal information that it has on file and to transfer that information to someone else without any interference from us. In some cases, you may be able to request that we transfer your personal information directly to a third party on your behalf.

In addition, to the extent that we process any of your personal information on the basis of your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing that was based on your consent before its withdrawal.

If you are a natural person residing in the EEA and at any time you believe we have violated one of your rights listed above, or if you believe we are in violation of one or more of the provisions of the GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the Data Protection Authorities can be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.

 

10.  For California residents:

This notice does not apply to employment-related Personal Information collected from California-based employees, job applicants, contractors, or similar individuals.

The California Consumer Privacy Act (the “CCPA”) affords those who reside in the State of California certain rights as a data subject. If you are a resident of the State of California, we encourage you to read and learn about those rights on your own, but the following will help you to begin to understand them:

We will not discriminate against you for exercising any of your CCPA rights.

The categories of Personal Information that we collect from California residents are described in Section 1, above. The purposes for which we process Personal Information is described in Section 2, above.

In addition, California’s “Shine the Light” law permits you to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.

To make a request regarding any of these rights or to ask questions or provide comments about this Privacy Notice for California Residents, please contact us at support@openlayer.com, or through the form at https://openlayer.com/#contact.

It is our policy to post any changes to this Privacy Notice on this page. We may or may not contact you directly concerning significant changes. We encourage you to visit this page periodically and check for changes. To the extent permitted by law, your continued use of our services after a change is deemed to be your consent to any such change.

11.  Does this Policy ever change?

It may. If it does, we will post the changes to this page. Please refer to the “last updated” date above. Except where otherwise indicated in this Policy or where required by law, we may or may not contact you directly concerning certain changes, and therefore we encourage you to visit this page periodically and check. By using our services or purchasing our goods after a change to this Policy, you are deemed to consent to any changes, unless otherwise provided by law.

12.  How do I contact Openlayer?

For questions about this Policy or to exercise any of the rights or choices we have described in this Policy, please contact us at support@openlayer.com, or through the form at https://openlayer.com/#contact.