OPENBRAND PRIVACY POLICY

Updated April 4, 2024

Gap Intelligence LLC d/b/a OpenBrand, referred to as “OpenBrand”, “we”, “our”, “us”) respects your right to privacy. This privacy policy (“Privacy Policy”) applies to personal information that we collect through our website (“Website”)  and when you use or interact with our services (“Services”). OpenBrand is a market intelligence company that gives manufacturers, retailers, resellers, and industry players in the IT, consumer electronics, home appliances, health, beauty, and wellness industries (and more) a competitive edge.

This Privacy Policy does not apply to personal information that we process on behalf of our customers. We process that information as instructed by our customers, in our capacity as service provider/data processor in accordance with the terms of our customer agreements.

By using or accessing our Website and Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share your information as described in this Privacy Policy.

If you have any questions or concerns about our use of your personal information, then please contact us using the contact details provided at the bottom of this Privacy Policy.

What Personal Information does OpenBrand collect?

The personal information that we may collect about you broadly falls into the following categories, including data that relates to identified or identifiable individuals (“Personal Data”):

Category of Personal Data 

Examples of Personal Data We Collect

Contact Data / Identifiers

Personal Data about you and your identity, such as name, username, company affiliates and title, and other data you may provide on registration forms, or as part of an account profile.

Device/IP Data

Personal Data relating to your device, browser or application, such as IP Address, Device ID, type of device/operating system/browser used to access Services

Transaction Data

Personal data we collect in connection with a transaction, purchase or engagement

Web Analytics

Personal Data related to web page Interactions, referring webpages/source through which you accessed the Services, and non-identifiable request IDs, statistics associated with the interaction between device or browser and the Services

Profession/Employment -Related Data

Job title

Social Network Data

Email, Phone number, User Name, IP address, Device ID

Geolocation Data

IP-address-based location information

Sensory Data

Personal data we collect in recordings of your environment, such as audio and voicemails

Other Identifying Information You Voluntarily Choose to Provide 

Identifying information in emails or mail you send to us

INFORMATION WE COLLECT

Information Provided by You

  • Contact details and account information, such as your first and last name, organization name, mailing address, email address and phone number.

  • Security information like your password and user ID

  • Financial and payment information in order to facilitate payments by you.

  • Communications that we exchange with you, such as when you contact us with questions, feedback or otherwise.  We may also collect the content of these communications, including but not limited to records of phone calls where permitted by law.

Information Collected Automatically.  We, our service providers and our business partners may automatically log and combine information about you, your computer or mobile device, and your interaction over time with the Services, online resources and our communications, including:

  • Through Cookies (defined in the “Tracking Tools, Ads, Advertising and Opt-Out” section below).

  • If you visit or use our Website, we may receive information about your location via your IP address, and may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information regarding when you are logged on and available to receive updates or alert notices.

We collect this information using cookies and other similar technologies. For more information, please visit our Cookie Policy.

Third Parties. Information from third party services. From time to time, we may receive personal information about you from third party sources (e.g. sales and marketing database and data enrichment platforms), but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of information we collect from third parties include account and/or contact information and we use the information we receive from these third parties to, including but not limited to, market and sell to you, and/or maintain and improve the accuracy of the records we hold about you, etc.

How We Share Personal Information

We may share your personal information to the following categories of recipients:

Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:

  • Hosting, technology and communication providers.

  • Support and customer service vendors.

  • Security and storage services.

  • Payment processors.

Analytics Partners. These parties provide analytics on web traffic or usage of the Services. They include:

  • Companies that track how users found or were referred to the Services.

  • Companies that track how users interact with the Services.

Advertising Partners. These parties help us market our Services and provide you with other offers that may be of interest to you. They include:

  • Ad networks.

  • Marketing providers.

Business Partners. These parties partner with us in offering various Services. They include:

  • Businesses that you have a relationship with.

Parties You Authorize, Access or Authenticate

  • Third parties you access through the Services.

  • Social Media Services.

  • Other users.

In addition, we may disclose information about you for the following purposes:

Legal Obligations.  We may share any personal data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “How Use Personal Information” section below.

Business Transfers. All of your personal data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data, We may create aggregated, de-identified or anonymized data from the personal data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

How We Use Personal Information: 

This section describes the Commercial or Business Purposes for collecting and disclosing your Personal Data:

  • Providing, Customizing and Improving the Services

    • Creating and managing your account or other user profiles.

    • Processing orders, engagements or other transactions; billing.

    • Providing you with the Services, products or information you request.

    • Providing support and assistance for the Services.

    • Improving the Services, including testing, research, internal analytics and product development.

    • Personalizing the Services, website content and communications based on your preferences.

    •  Fraud protection, security and debugging.

    • Carrying out other business purposes stated when collecting your personal data or as otherwise set forth in applicable data privacy laws.

  • Marketing the Services

    • Marketing and selling the Services.

    • Showing you advertisements, including interest-based or online behavioral advertising.

  • Communications with You

    • Responding to communications that we receive from you, contacting you when necessary, and sending you information about OpenBrand or our Services.

    • Sending emails and other communications according to your preferences or that display content that we think will interest you.

  • Meeting Legal Requirements and Enforcing Legal Terms

    • Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.

    • Protecting the rights, property or safety of you, OpenBrand or another party.

    • Enforcing any agreements with you.

    • Responding to claims that any posting or other content violates third-party rights.

    • Resolving disputes.

We will not collect additional categories of personal data or use the personal data we collected for materially different, unrelated or incompatible purposes without providing you notice.

Personal Data Use and Processing Grounds (EEA Users)

This section describes our lawful bases for processing your personal data. The “How We Use Personal Information” section above explains how we use your personal data.

We will only process your personal data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

  • Contractual Necessity:  We process the following categories of personal data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our customer agreements with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such personal data will result in your inability to use some or all portions of the Services that require such data.

    • Certain Profile or Contact Data

    • Certain Device/IP Data

  • Legitimate Interest:  We process the following categories of personal data when we believe it furthers the legitimate interest of us or third parties:

    • Certain Profile or Contact Data

    • Web Analytics

    • Social Network Data

    • Professional/Employment Data

    • Geolocation Data

    • Sensory Data

    • Other Identifying Information that You Voluntarily Choose to Provide

Examples of these legitimate interests include (as described in more detail above):

  • Providing, customizing and improving the Services.

  • Marketing the Services.

  • Corresponding with you.

  • Meeting legal requirements and enforcing legal terms.

  • Completing corporate transactions.

  • Consent:  In some cases, we process personal data based on the consent you expressly grant to us at the time we collect such data. When we process personal data based on your consent, it will be expressly indicated to you at the point and time of collection.

  • Other Processing Grounds:  From time to time we may also need to process personal data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

Tracking Tools, Advertising, and Opt-Out

As mentioned above, the Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services.

We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). More information on the Cookies we collect and ways to opt-out can be found in our Cookie Policy at [LINK].  Please note that your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and Services that you do not wish such operators to track certain of your online activities over time and across different websites.  At this time, our Services do not support Do Not Track requests. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com. “  See also  “Opting Out of Interest-Based Ads and Tracking” below.

Interest-Based Advertisements. You may see advertisements for our Services on third party websites. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including personal data) may be provided to us or third-parties by you, or derived from the usage patterns of particular users on the Services and/or Services of third parties. Such information may be gathered through tracking users’ activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Opting Out of Interest-Based Ads and Tracking.  You have several ways to opt-out of Interest-Based Ads.

  • You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways.

  • You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work. To explore what Cookie settings are available to you, or to modify your preferences with respect to Cookies, you can access your Cookie management settings by [link]. To find out more information about Cookies generally, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union (“EU”).

  • In some instances, you can opt-out of receiving interest-based online ads from us, third party advertisers and ad networks. We do not control third parties’ collection or use of your information to serve interest- based advertising. Advertisers and ad networks that are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising provide opt-out choices at the following websites:

·       NAI Website

·       DAA Website

  • On mobile devices, you can control device-level advertising privacy settings.

Data Security

We seek to protect your personal data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of personal data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account.  Despite our safeguards and effort to protect the security of your account and other data that we hold in our records, no method of transmitting data over the internet or storing data is completely secure. If you have reason to believe that your data or someone else’s data is no longer secure, please contact security@openbrand.com.

In the event of a security breach, we will take necessary measures to ensure the continued safety of data and contact affected parties and relevant regulators within a reasonable amount of time about the scope and scale of the unauthorized disclosure, as required by applicable laws.

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to perform our business or commercial purposes for collecting your Personal Data or to comply with applicable legal, tax or accounting requirements). When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, why we collected the Personal Data, and the sensitivity of the Personal Data.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

For example, we retain your device IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

We do not knowingly collect or solicit personal data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any personal data. If we are informed that we have collected personal data from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided personal data to us, please contact us at privacy@openbrand.com.

International Data Transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident.  These countries may have data protection laws that are different to the laws of your country.

Specifically, our Website servers are located in the United States and our third party service providers and partners operate around the world but with our data stored in the United States. The Services are hosted and operated in the United States (“U.S.”) through OpenBrand and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to OpenBrand in the U.S. and will be hosted on U.S. servers, and you authorize OpenBrand to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.

In addition to any other disclosures described in our Privacy Policy, in certain situations, we may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

State Law Privacy Rights

California Resident Rights

Under California Civil Code Section 1798.83, also known as the “Shine the Light” law, California residents are entitled to contact us to prevent disclosure of personal data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@openbrand.com.

Nevada Resident Rights

Nevada law 603A requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. We do not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.

European Union, United Kingdom, and Swiss Data Subject Rights

Residents of the European Union (EU), United Kingdom (UK) and Switzerland have the following data protection rights:

Access, correct, update or request deletion.  If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading below.

Object to processing, restrict processing, or request portability.  You have the right to object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. You can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading below.

Opt-out. You have the right to opt-out of email marketing communications we send you at any time by clicking on the “unsubscribe” link in the marketing emails we send you. You will then be removed from the marketing email list, however, we may still communicate with you to send you service-related emails that are necessary for the administration and use of your account (as applicable), to respond to service requests or for other non-marketing purposes.

Withdrawal of consent. If we collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Right to complain.   Residents of the EU, UK  or Switzerland have the right to complain to a data protection authority about our collection and use of your personal information.  You can find the relevant  data protection authority name and contact details for the EEA here, UK here and Switzerland here.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Updates to this Privacy Policy

We may update this Privacy Policy from time to time.  The updated version will be indicated by an updated “Effective Date” and the updated version will be effective as of that date.  If we make material changes to this Privacy Policy, we may notify either by prominently posting a notice of such changes or by directly sending you a notification, if and where this is required by applicable data protection laws.

How to contact us

If you have any questions or concerns about this Privacy Policy, your rights, our use of your personal information, please contact privacy@openbrand.com.

701 Island Ave., Suite 300

San Diego, CA 92101, USA

E-Mail: info@openbrand.com