Privacy Policy

Typically, the personally identifiable information we receive comes directly from users like you who are interested in using the Services and sign up as a client on our website. When you sign up as a user, contact us with inquiries, purchase products or services, or participate in promotional offers we collect personal information. The personally identifiable information we collect includes without limitation:

• contact information, including name, email address, mailing address, and phone number;
• location data;
• company name;
• unique identifiers such as username, account number, and password;
• preferences information such as the types of emails you would like to receive from us;
• promotional offers you may be interested in;
• credit card and billing information;
• other personal information you voluntarily provide us through the website, on the phone, via email, or in other communications.

We also collect information through technology to make our sites more interesting and useful. For instance, when you visit one of our sites, your IP address is collected. An IP address is often associated with the network through which you enter the Internet, like your ISP or company. At times, we also use IP addresses to collect information regarding the frequency with which our users visit various parts of our sites. We may also use your IP address to help diagnose server problems and administer our websites. When you view our website we may store a small amount of information on your computer. This information will be in the form of a "cookie" or similar file. Cookies are small files stored on your computer, not on our site. We use cookies in our interactive website areas, to deliver content specific to your interests, so you are not required to reenter your account data every time you connect to the site. Through your web browser you can choose to have your computer warn you each time a cookie is being set, or you can choose to delete or turn off all cookies at any time. Each browser is different, so look at your browser's Help menu to learn how to modify your cookie settings. For information about cookies from the FTC website, visit https://www.consumer.ftc.gov/articles/0042-online-tracking.

Our websites may also use various technical methods for tracking purposes, such as JavaScript snippets or pixel tags. We may also use these technical methods to analyze the traffic patterns on our websites, such as the frequency with which our users visit various parts of our websites.

Opensend and our marketing partners including third-party service providers, advertisers, advertising networks and platforms, advertising agencies, and data brokers and aggregators may use automated means to collect various information about you, your computer, or other devices used to access this site or its services. This information is based on your usage of this site, including information collected automatically from this site (or by our marketing partners).

A representative, non-exhaustive list of the types of passively or automatically collected information may include: Network or Internet protocol address and type of browser you are using (e.g., Chrome, Safari, Firefox, Edge); the type of operating system you are using, (e.g., Microsoft Windows or Mac OS); the name of your Internet service provider and domains used by such providers; the mobile network, device identifiers, device settings, browser settings, web pages of this site you have visited, pages or service visited before and after you visit a page or service; the type of handheld or mobile device used to view the page or service (e.g., iOS, Android); location information; the content and advertisements you have accessed, seen, forwarded, or clicked on; the various time details per visit (e.g., the time spent on each page or service within the site) and the details about the path followed within the site with special reference to the sequence of pages visited; other parameters about the device operating system and the user's IT environment; and conversion rates and marketing and conversion data and statistics, reports and analytics, including without limitation your interactions to emails we send, and reviews and surveys regarding this site or any products listed on this site.

If you are accessing a page or service from a computer or a mobile device, you may be asked to share your geo-location information with us. If you agree to the collection of location data, you will, in most cases, be able to turn off such data collection at any time by accessing the privacy settings of your computer, browser, or mobile device.

Our clients may install Opensend technology, such as JavaScript tags, pixels, and similar tools, on their own websites. When you visit a client's website where this technology is installed, your browser may transmit information to our servers, such as your IP address, device and browser information, the pages you visit and actions you take on the client's website, and online identifiers that we, together with our marketing partners, may use to identify you or your contact information, such as your email address. We process this information to provide our services to that client and as otherwise described in this Privacy Policy. Some clients also use Opensend technology to collect information about activity on the client's own websites and applications, such as pages viewed, orders placed, and related customer and order details, solely for that client's own analytics, advertising attribution, and customer recognition purposes, such as recognizing returning visitors who have an existing profile with the client. We process that information on the client's behalf and at the client's direction, including by forwarding it to the advertising and analytics platforms the client designates, and our agreement with that client governs that processing. You may also contact us at privacy@opensend.com to exercise the choices and rights described in this Privacy Policy.

We may use your personally identifiable information in many ways, such as to send you information about products or services you may be interested in. In addition, sometimes we hire companies to help deliver products or services, such as a third-party content provider or a company that provides payment processing. In those instances, you need to share your information with these companies. We may also use all information collected through our Services for research regarding the effectiveness of our Services and our business planning, marketing, advertising, and sales efforts.

We may also take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals or by removing characteristics (such as your name) that make it personally identifiable. There are no restrictions under this Privacy Policy upon our right to aggregate or de-personalize your personal information, and we may use and/or share the resulting non-personally identifiable information with third parties. We may store personally identifiable information itself or such information may be included in databases owned and maintained by our affiliates, agents, or service providers. We may also use and disclose the personally identifiable information we collect to:

• send you the requested product or service information;
• respond to customer service requests;
• administer your account;
• send you newsletters, text messages, or email communications;
• respond to your questions and concerns;
• improve our website, app, and marketing efforts;
• conduct internal quality improvement or business analysis;
• to process payments for bills and invoices.

We may use your Personal Information and usage data for the performance of the services or transaction for which it was given and for the basic purpose of this site. We may use your Personal Information in connection with other products, services, promotions, personalized ads, or contests we may offer, our private, internal reporting for this site, and security assessments. We may also send you messages about certain features or your activity on this site. We may also send you news or updates about changes to our site or services.

We may use publicly available Personal Information posted on social media profile information including photos to assist us, and our marketing partners with marketing and advertising activities and contact management.

We may participate with our marketing partners to provide personalized ads based on your interests. This activity is performed by collecting data and using cookies and other tracking and data collection methodologies discussed above to transfer information to our marketing partners who manage advertising activities.

Our marketing partners may also use cookies and other tracking and data collection methodologies discussed above, to measure advertisement effectiveness, and for other purposes disclosed in their privacy policies.

You may send us an email at privacy@opensend.com to request access to, correct, or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user profile. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Comments or questions sent to us via email or messaging will be shared with Opensend staff, who can best address your concerns. We will archive your messages once we have done our best to provide you with a complete and satisfactory response. We retain these communications for the period described in the Data Retention section below.

By providing a telephone number, you expressly consent and authorize us, as well as any of our related affiliates, agents, or contractors, to contact you through the use of any dialing equipment (including a dialer, automatic telephone dialing system, and/or interactive voice recognition system) and/or artificial or prerecorded voice or message. You expressly agree that such automated calls may be made to any telephone number you provide, including numbers assigned to any cellular or other service for which you may be charged for the call. In addition, you expressly consent and authorize receiving text messages from us at any telephone number (including numbers assigned to any cellular or other service for which you may be charged for the call) you provide. By providing this express consent, you waive any claim you may have for making such calls or texts, including any claim under federal or state law and specifically any claim under the Telephone Consumer Protection Act, 47 U.S.C. § 227. By providing a telephone number, you represent you are the subscriber or owner or have the authority to use and provide consent to call or text the number.

By providing your email address, you expressly opt in to receiving email communications from us and our affiliates, agents, or contractors for or related to goods or services, your account, and other services. By providing this express consent, you specifically waive any claim you may have for the sending of such emails, including any claim under federal or state law and specifically any claim under the CAN-SPAM Act, 15 U.S.C. § 7701, et seq. By providing an email address, you represent you are the subscriber or owner or have the authority to use and provide consent to contact the email address.

Opensend uses a third-party vendor to help us manage our email and text messaging communications with you. When you click on a link in an email, you may temporarily be redirected through one of the vendor's servers (although this process will be invisible to you) which will register that you've clicked on that link. Even if you have permitted us to send emails or text messages to you, you may revoke that permission at any time by following the "unsubscribe" information at the bottom of the email or by replying "Stop" to any text message you receive.

We may partner with a third-party ad network to manage our advertising on other sites. Our ad network partner may use cookies, Web beacons, and other tracking technologies to collect information about your activities on this and other Websites and then send you emails from our clients regarding their products and services.

This Privacy Policy does not cover the use of cookies or web beacons by any third parties, so be sure to review the privacy policy of any third-party websites you visit.

When we interact with you through our content on social media platforms, third-party platforms, third-party websites, applications, integrations, and services of our marketing partners, we may obtain any information regarding your interaction with that content, such as content you have viewed and information about advertisements within the content you have been shown or may have clicked on. For a description of how social media services and other third-party platforms, plug-ins, integrations or applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.

We also may participate in remarketing, retargeting, and behavioral advertising services. In such cases, we may provide Personal Information such as your email address and phone number to a third-party client or services such as Facebook, Google, Microsoft, or Twitter to determine if you are a registered account holder with one or more services.

We also may collect publicly available Personal Information posted on social media platforms and profiles. When you engage with our content on or through social media platforms or other third-party platforms, plug-ins, integrations, or applications, you may allow us access to certain Personal Information in your profile that you have added to these platforms.

Our Services may include links to other websites whose privacy practices differ from Opensend's. If you submit personal information to any of those sites, your information is governed by their Privacy Policies. We encourage you to carefully read the Privacy Policy of any website you visit.

We retain Personal Information for as long as reasonably necessary to fulfill the purposes for which it was collected, including to provide the Services, to comply with our legal, tax, and accounting obligations, to resolve disputes, and to enforce our agreements. Unless a longer period is required or permitted by law, we apply the following retention periods:

• Account data, such as your name, contact information, company name, username, and account settings, is retained for as long as your account remains active and generally deleted within sixty (60) days, and in any event within twenty-four (24) months after your account is closed or your last activity on the Services;
• Support communications, such as emails, messages, and other correspondence you exchange with us, are retained for up to twenty-four (24) months after your inquiry is resolved;
• Billing data, such as credit card and billing information and transaction records, is retained for as long as necessary to process payments and prevent fraud, and thereafter for the period required by applicable tax, accounting, and financial reporting obligations (generally up to seven (7) years);
• Marketing data, such as your email address, communication preferences, and campaign interaction data, is retained until you opt out of marketing communications or request deletion, or after twenty-four (24) months of marketing inactivity, whichever occurs first; if you opt out, we retain the minimum information necessary on a suppression list to honor your request;
• Automatically collected information, such as IP addresses, device identifiers, and cookie and usage data, is retained for up to twenty-four (24) months from collection, after which it is deleted, aggregated, or de-identified.

When Personal Information is no longer needed for these purposes, we will delete it, de-identify it, or securely dispose of it. We may retain Personal Information for a longer period where necessary to comply with a legal obligation, court order, subpoena, or other government request; to establish, exercise, or defend legal claims; to detect or prevent fraud or abuse; or to enforce our agreements. Except as required by law, aggregated or de-identified information that can no longer reasonably be used to identify you may be retained without restriction as described in the Non-Personal Information section below.

Opensend has security measures in place that are intended to help protect against the loss, misuse, unauthorized access or alteration of information under our control both during transmission and once the information is received. These measures include data encryption using the Transport Layer Security (TLS) system when you send your personal information electronically to Opensend.

However, no Internet or email transmission is ever fully secure or error-free. In particular, emails sent to or from Opensend may not be secure. Therefore, you should take special care in deciding what information you email us. Please remember this when disclosing any personally identifiable information via the Internet. We cannot guarantee data security while you are transmitting it to our site; any such transmission is at your own risk.

We currently do not participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding data collection.

Opensend is headquartered in the United States, and the Services are hosted in United States data centers. If you are using the websites from outside the United States, or if you visit a client's website where Opensend technology is installed, please be aware that your information (including potentially personally identifiable information) is transmitted to, stored, and processed in the United States. Any information sent to Opensend will be held in accordance with this Privacy Policy and applicable law. Where required by applicable law, we rely on appropriate safeguards for transfers of Personal Information from the European Economic Area, the United Kingdom, or Switzerland to the United States, such as standard contractual clauses approved by the European Commission (or their United Kingdom and Swiss equivalents).

We may buy, merge, or partner with other companies or businesses and in so doing, acquire or transfer information. We may also, sell, assign, or otherwise transfer such information in the regular course of business. Information collected through our Services may be among the transferred business assets. If a portion or substantially all of our assets are sold or transferred to a third party, your information would likely be a transferred business asset, and you hereby agree to such a transfer.

In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

We will disclose personal information when we believe in good faith that such disclosures are required by law, including, for example, to comply with a court order or subpoena, to enforce our Privacy Policy, to protect your safety or security, and/or, protect the safety and security of our websites, us, and/or third parties, including the safety and security of property that belongs to us or third parties. We may disclose personal information to any person performing audit, legal, operational, or other services for us.

We may use and share non-personal information–that is, de-identified information that cannot reasonably be used to identify you–for any lawful business purpose without any obligation or accounting to you. For example, we can use non-personal information to develop products and services and provide those offerings to other users and third parties. We may use your personal information to generate non-personal information. When we do so, we will take reasonable measures to ensure that the non-personal information is no longer personally identifiable and cannot later be used to identify you. We may also disclose non-personal, aggregate, anonymous data in a de-identified format based on information from users to investors and other third parties.

We do not knowingly collect any information from or sell to children under 13. We also do not knowingly sell or share the personal information of consumers under 16 years of age without the affirmative authorization required by law. If you are a parent or guardian who has discovered that your child under 13 has submitted his or her personally identifiable information without your permission or consent, please contact us. We will remove the information at your request.

We may occasionally revise this Privacy Policy as we add new features or modify how we manage information, or as laws change that may affect our services. If we make material changes to our Privacy Policy, we will post a notice on this website before the changes become effective. Any revised Privacy Policy will apply to information we already have about you at the time of the change, and any personal information created or received after the change takes effect. We include a version number on this Privacy Policy consisting of the date (year, month, and day) it was last revised. We encourage you to periodically reread this Privacy Policy to see if any changes to our policies may affect you. Your continued use of the websites after such changes constitutes your acceptance of the new Privacy Policy. If you disagree with this or any future Privacy Policy, do not use (or continue to use) the websites.

State and federal laws may allow you to request that we limit our uses and disclosures of your personal information. Please make any requests using the Contact Information below. We will consider all requests and, if we deny your request, we will notify you in writing.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the purpose in processing the particular information (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
  • targeted advertising (excluding Iowa);
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights, including to appeal a decision regarding a consumer rights request, please send us an email at privacy@opensend.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out right may do so by sending us an email at privacy@opensend.com.

If you are located in the European Economic Area, the United Kingdom, or Switzerland, the term Personal Information as used in this Privacy Policy includes any information relating to an identified or identifiable individual, such as online identifiers, IP addresses, and device information, and the following additional terms apply to you.

Where we collect Personal Information for our own purposes, such as information about our clients and their personnel, visitors to our own websites, account and billing information, and marketing preferences, we act as the controller of that information and process it only where we have a legal basis to do so, including: (a) where processing is necessary to perform a contract with you or your company; (b) where processing is in our legitimate interests, such as providing, securing, and improving the Services, except where those interests are overridden by your interests and rights; (c) where you have given consent, which you may withdraw at any time; and (d) where processing is necessary to comply with a legal obligation. You have the right to request access to, correction of, or deletion of this Personal Information; to restrict or object to our processing of it, including processing for direct marketing; and to receive a copy of the Personal Information you provided to us in a portable format. To exercise any of these rights, please email us at privacy@opensend.com. You also have the right to lodge a complaint with your local data protection supervisory authority.

Where our clients install Opensend technology on their own websites and applications, we collect and process information about visitors to those websites on the client's behalf and at the client's direction, as a service provider (processor) for that client, and we honor applicable consent signals transmitted to us. We do not use that information for our own purposes, except as necessary to provide, secure, and support the Services for that client. For that information, the client is the controller responsible for the collection and for responding to privacy requests, and you should direct requests to exercise your rights to the client whose website you visited. If you contact us about information we process on a client's behalf, we will refer your request to that client and assist the client in responding as required by applicable law.

Please contact us if you have any questions about this Privacy Policy, our policies and practices concerning opensend.com, your rights under this statement, and your dealings with Opensend.

privacy@opensend.com

2620 Regatta Drive #102 Las Vegas Nevada, 89128