OpiaTalk Privacy Policy

Last modified on:

May 14, 2014

This OpiaTalk Privacy Policy describes the policies and practices of Opia Holdings, Inc., a Delaware corporation d/b/a OpiaTalk (“OpiaTalk,” “we,” “us,” or “our”) regarding collection of information from consumers, and it also describes how OpiaTalk uses and discloses such information. Collectively, we refer to such collection, use, and disclosure as “Privacy Practices.” OpiaTalk has published this Privacy Policy so that consumers are informed about OpiaTalk’s own Privacy Practices. This Privacy Policy forms an integral part of the OpiaTalk Terms of Service, which may be reviewed by clicking here (the “Terms of Service”) and describes our Privacy Practices regarding information collected through our website at / (the “Site”), as well as information collected thorough the downloadable OpiaTalk application and the services provided by OpiaTalk through that application (collectively, the downloadable applicable and services, the “Application”). The Site and Application are more fully defined and described in the Terms of Service. BY USING OR ACCESSING THE SITE OR THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE AND THIS PRIVACY POLICY. IF YOU DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THIS PRIVACY POLICY, DO NOT USE THE SITE OR THE APPLICATION IN ANY MANNER. THIS PRIVACY POLICY DOES NOT GOVERN PRIVACY PRACTICES ASSOCIATED WITH OFFLINE ACTIVITIES OR ACTIVITIES OCCURRING ON WEBSITES OTHER THAN THE SITE.

PLEASE BE ADVISED THAT WE MAY REVISE THIS PRIVACY POLICY FROM TIME TO TIME, AND THOSE REVISIONS WILL BECOME EFFECTIVE WHEN WE PUBLISH THE REVISED PRIVACY POLICY. BY USING OR ACCESSING THE SITE OR THE APPLICATION, YOU ARE AGREEING THAT WE MAY TREAT INFORMATION COLLECTED THROUGH THE SITE AND/OR THE APPLICATION IN ACCORDANCE WITH THE REVISED PRIVACY POLICY, INCLUDING ANY INFORMATION WE HAVE COLLECTED AT A PRIOR TIME WHEN A PREVIOUS VERSION OF THIS PRIVACY POLICY WAS IN EFFECT. IF YOU DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE REVISED VERSION OF THE PRIVACY POLICY, DO NOT USE THE SITE OR THE APPLICATION IN ANY MANNER, AND WE WILL CONTINUE TO TREAT PREVIOUSLY COLLECTED INFORMATION IN ACCORDANCE WITH THE PRIVACY PRACTICES DESCRIBED IN THE APPLICABLE, PRIOR VERSION OF THIS PRIVACY POLICY OR AS OTHERWISE REQUIRED BY APPLICABLE LAW. INFORMATION COLLECTION AND USE

How OpiaTalk Works

The Application is a promotional services application operated through the Site, accessible from the websites (“Merchant Sites”) of registered retailers (“Merchants”) and is operable as an extension of the Merchant Site. The Application allows users to apply for limited time and limited participation offers that appear on the Merchant Site (each, an “Offer,” and collectively, “Offers”). In order for users to receive the benefits stated in an Offer (a) Merchants must achieve the minimum participant-level established by OpiaTalk with respect to such Offer, (b) users must complete the process of accepting the terms of such Offer within an established period of time (including, but not limited to, accepting the terms of this Privacy Policy), and (c) upon satisfaction of items ‘(a)’ and ‘(b)’ herein, users will then be re-routed to the Merchant Site to complete the purchase associated with such Offer. In the process of using our services, information may be collected from users as described in this Privacy Policy. At this time, OpiaTalk does not respond to browser “do not track” signals, and OpiaTalk’s collection of information as described in this Privacy Policy is necessary as a condition to having access to those services.

Personally Identifiable Information

In the process of applying for Offers, you will be asked to provide certain personal information including, but not limited to, your name, Merchant account number (if applicable), postal address, email address, telephone number, Facebook account information (if applicable), age and gender (collectively, “Application Information”). You can provide Application Information directly through the pop-up window generated by clicking on an Offer, or through a social media connection portal such as Facebook Connect. OpiaTalk uses Application Information to validate our users, identify potential fraud or abuse, grant access to the Application and other services, and provide targeted marketing material, service update notices, and promotional offers based on user preferences. If we need to contact you regarding the Application, our services, your account or your use of the Application, this information may be used to contact you. If you send us e-mail, we will retain the content of the e-mail, your e-mail address, email header information, and any applicable response in order to handle any follow-up questions you may have (we may also use this information to measure how effectively we address your concerns).

Non-Personally Identifiable Information

To help us enhance and optimize your overall Application experience, in addition to Application Information we may also collect non-personally identifiable information during your use of the Application. Examples of non-personally-identifiable information include your Internet access provider, your computer’s Internet protocol (IP) address, information regarding your user profile, your browser and operating system, the date and time of your visit, the pages you visit, the address of any Site you linked from, and aggregate, statistical data such as usage, traffic patterns and user demographics based on your use of the Application. OpiaTalk collects non-personally-identifiable information in order to, among other things, provide you with or assist in the provision of information through the Application, to maintain the performance of the Application, and to make the Application more useful. Generally, this data is not associated with any of your personal information. Notwithstanding the foregoing, there may be instances in which Merchants provide this data to OpiaTalk in a way that associates it with your Application Information. In such instances, the information shall be considered “Application Information” for purposes of this Privacy Policy.

Your Representations and Warranties

You represent and warrant that all Application Information is your own and is accurate, and that you will not use the Application for any purpose other than in connection with your personal use of the Application.

DISCLOSURE OF INFORMATION

Application Information Use and Sharing

OpiaTalk may use your Application Information in accordance with the personal information use policies stated herein or as required by law. By accepting these Terms, you further consent to OpiaTalk utilizing your Application Information to facilitate Offers. OpiaTalk uses the Application Information, among other things, (a) to send you notices regarding the status of Offers for which you have applied, (b) to secure your Offer application, (c) to advise you of future Offers via the email address and/or Facebook page information you provide in connection with your participation in any offer (d) for data aggregation and analysis purposes, (e) to monitor and improve the performance of OpiaTalk’s Application and the effectiveness of Offers, and (f) to confirm that the email address and/or Facebook page information you provide has not been flagged as being associated with scamming, spoofing, phishing, malware or other objectionable activities (collectively, “Data Screening”).

Sharing with Merchant Partners

OpiaTalk provides its services for the benefit of consumers who use the Site and the Application as well for the benefit of Merchants on whose behalf promotional offers are made accessible to those consumers. If you are a consumer, you acknowledge and agree that OpiaTalk may provide your Application Information to the Merchants on whose behalf we have made promotional offers accessible to you, and you understand that the Privacy Practices of each Merchant will be governed by its own published privacy policy, not by this Privacy Policy. YOU ARE ENCOURAGED TO REVIEW THE PRIVACY POLICIES OF ALL MERCHANTS IN WHOSE PROMOTIONAL OFFERS YOU PARTICIPATE.

Mergers and Similar Transactions

In the event that OpiaTalk goes through a business transition, such as a merger, acquisition by another company, bankruptcy, or selling a portion of its assets, your Application Information will, in most instances, be part of the assets transferred, subject to these terms, and you hereby consent to such transfer.

Disclosure to Agents of OpiaTalk

From time to time, OpiaTalk may share the information you provide to OpiaTalk, including personally identifiable information, with outside contractors, auditors, consultants, or others hired by OpiaTalk to assist in providing financial or operational activities on OpiaTalk’s behalf including technical and processing services and analysis of website performance. OpiaTalk informs these parties about safeguarding personally identifiable information, and requires them to use such personally identifiable information only for an authorized purpose on behalf of OpiaTalk and consistent with this Privacy Policy. For example, in addition to sharing information with applicable Merchants, OpiaTalk may also share your Application Information with OpiaTalk’s own service providers to assist in providing services on OpiaTalk’s behalf. We will require those service providers to follow our Privacy Practices with respect to any personally identifiable information that we provide to them.

Internal Use

We may share any information collected on the Site and through the Application with our own internal operating units, affiliates and subsidiaries.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law or where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.

Web Logs and Other Forums

The Site may offer web logs, web postings, bulletin boards, chat rooms, newsgroups or other forums which permit users to interact online. Any information you transmit online in such forums will be made public and OpiaTalk cannot control nor is it responsible for the use any third party may make of such information.

No Sale of Data

Unless otherwise provided herein OpiaTalk only uses your Application Information for the purposes stated in this Privacy Policy, and does not currently sell or otherwise disclose your personally identifiable Application Information except as described herein. OpiaTalk requires its third-party service providers to agree to treat your personally identifiable Application Information in a manner consistent with this Privacy Policy.

Anonymous Data

Aggregated and non-personally-identifiable information, including information created by anonymizing Application Information (collectively, “Anonymous Data”), may be provided to third parties for any purposes whatsoever, including, for example, data analysis, improvement of services and market research. You understand that this Privacy Policy does not limit OpiaTalk’s collection, use, processing or disclosure of Anonymous Data.

ELECTRONICALLY PRODUCED DATA

Cookies

OpiaTalk, like most standard website servers, may use cookies and other tools to collect information about how you use the Site. A cookie is a small, unique text file that a website can send to your computer hard drive when you visit a Site. OpiaTalk may use “session cookies,” which terminate when a user closes his or her browser, as well as “persistent cookies,” which remain on the user’s computer until manually deleted. Most web browsers can either alert you to the use of cookies or refuse to accept cookies entirely. If you do not want OpiaTalk to deploy cookies in your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie on your computer. Rejecting cookies may affect your ability to use the Site. We do not directly link the information we store in cookies to any personally identifiable information you submit to us through the Site.

IP Addresses

An IP address is a number that is assigned to your computer when you use the Internet. Like most standard website servers, OpiaTalk may collect IP addresses and other technical information about your machine through your web browser such as your operating system, browser type and referring URL for the purposes of, among other things, system administration and to ensure the validity of user requests.

Log Files

Like most standard website servers we may use log files. These files include Site usage data such as Internet protocol (IP) addresses, browser type and Internet service provider (ISP) and access time. Among other things, this information allows OpiaTalk to track statistics and trends on an aggregate basis.

Clear Gifs (Web Beacons/Web Bugs/Action Tags)

Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. OpiaTalk may use clear gifs in the provision of the Application.

Third Party Advertising

OpiaTalk may display and solicit third party advertising on the Site. These third parties may have their own data collection and privacy policies. To learn how to opt out of some types of data collection and use by third party advertising companies, please visit the Network Advertising Initiative’s site at http://www.networkadvertising.org/ SECURITY

Safeguarding Personal Information

OpiaTalk maintains physical, electronic and procedural safeguards to protect the confidentiality and security of any personally identifiable information that you disclose to OpiaTalk. OpiaTalk utilizes a variety of security methods to protect the loss, misuse and alteration of personally identifiable information under OpiaTalk’s control, and OpiaTalk limits access to your personally identifiable information within OpiaTalk to those employees who need to know the personally identifiable information to provide information, services and/or products to you (collectively, the “Security Safeguards”). However, due to the nature of the Internet, computer networks, systems and other factors, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under OpiaTalk’s control to intercept or access transmissions or private communications unlawfully, regardless of best intentions. As such, OpiaTalk cannot ensure or warrant the security of any information you transmit to OpiaTalk, including without limitation the security of personally identifiable information, beyond the security afforded by the Security Safeguards. External Links or References The Site may contain links or references to other parties’ sites, which links are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the Privacy Practices of any such outside sites (which sites are not part of the Site), and OpiaTalk expressly disclaims any and all liability related to such sites and sites relating thereto. OpiaTalk does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked sites or any link contained in a linked site. We encourage our users to consider this if they decide to visit such outside sites and to read the applicable privacy policies and terms of service of each such sites. California Online Privacy Protection Act Compliance We are in compliance with the requirements of the California Online Privacy Protection Act.

Access to Certain Personal Information Under California’s Shine the Light Law

In some circumstances applicable law may provide consumers a right to request a report regarding OpiaTalk’s disclosures of personally identifiable information about himself or herself, and OpiaTalk will always undertake to provide such information as required by applicable law. For example, pursuant to California Civil Code Section 1798.83 (the “Shine the Light Law”), a California resident may request an information statement from OpiaTalk regarding disclosures of personally identifiable information about that resident, if any, that OpiaTalk has made to third parties for direct marketing purposes during the preceding calendar year. All such requests should be submitted in writing to OpiaTalk’s postal address listed in the contact information below. OpiaTalk will endeavor to respond to such requests within a reasonable time by providing a report that includes the information required by applicable law. Please be advised that, OpiaTalk is not required to respond to requests from any individual resident under the Shine the Light Law more frequently than once per calendar year.

COMMUNICATIONS FROM OPIATALK

Updates

As a user who accesses the Site or utilizes the Application for the first time, we may send you a welcome email. We may from time to time send email notifications to you in order to provide you with information concerning updates or enhancements to our service. If you wish to opt-out of such communications, please follow the instructions at the bottom of any such email notification in order to “unsubscribe” from future communications.

Customer Service

We communicate with Merchants on a regular basis to provide requested services, and in regard to issues relating to their account we reply via email in accordance with such Merchant’s wishes.

Service-related Announcements

We may send Merchants service-related announcements on those occasions when we deem it necessary to do so, such as if our service is temporarily suspended for maintenance.

CHANGES TO THIS PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on our Site with a notice that the Privacy Policy has been updated on the Site home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Site and this Privacy Policy to check for any changes. Your continued use of the Site or the Application following an update to this Privacy Policy will constitute your consent to the Privacy Practices described in the revised Privacy Policy, and we may treat information collected through the Site and the Application in accordance with the revised Privacy Policy, including information we have collected at a prior time when a previous version of this privacy policy was in effect. If you do not consent to our Privacy Practices as described in the revised version of the Privacy Policy, do not use the Site or the Application in any manner, and we will continue to treat previously collected information in accordance with the Privacy Practices described in the applicable, prior version of this Privacy Policy or as otherwise required by applicable law.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND OPIATALK’S TERMS OF SERVICE (INCLUDING ANY INDEMNIFICATION AND LIMITATIONS ON DAMAGES CONTAINED THEREIN). [www.opiatalk.com/terms-of-use]