OpenSpace Privacy Policy

Open Space Labs, Inc. (“Open Space,” “we,” “us,” “our”) know that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices (“Privacy Policy”). By using the Open Space services, or visiting https://openspace.ai/ (the “Websites”), (collectively, the “Services”) you accept the practices outlined in this Privacy Policy. If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Information, as outlined below.

What does this privacy policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you access or use the Services. This Privacy Policy does not cover use of information by third parties we do not control.

What personal information do we collect?

We collect the following types of information from our end users:

Information You Provide to Us:

We may receive and store any information you enter into our website and/or otherwise provide when you use the Services. For example:

• name
• email address
• company name
• job title

Third Party Payment Processors:

We use a third party payment processor – Bill.com – to process payments made to us. In connection with the processing of such payments, you may provide personally identifiable information or financial information such as credit card numbers to Bill.com. Information that is provided to Bill.com is governed by their privacy policy, which may be viewed at https://www.bill.com/privacy/.

Cookies

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser including your IP address, “cookie” information, and the page you requested. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your browser or mobile device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. If you click on a link to a third party website, such third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties.

When we collect usage information (such as the numbers and frequency of visitors to the Websites), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Services, so that we can make the Services appealing to as many users as possible. We may also provide this aggregate information to our partners; our partners may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

How Do We Use Personal Information?

Unless prohibited by law, regulation, or a contractual obligation, we may use your information, including your Personal Information, for the following purposes:

Account Registration. We may use your name, address, phone number, and email address to register your Open Space Account for certain Services we provide and to communicate important information to you. We may obtain additional Personal Information about you, such as address change information, from commercially available sources, to keep our records current. If you grant permission for other people to access certain information within your Open Space account, please note that they may see and have the ability to change or delete certain Personal Information.

Communicate with You and Tell You About Other Services. We may use your information to communicate with you about our Services and to give you offers for third party products and services that we think may be of use to you. Please see below under “What You Can Do to Manage Your Privacy” for the choices you have regarding these communications.

To Improve Services and Develop New Services. We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality of our Services.

To Provide Our Services and Operate Our Business. We may use your information to operate our business, including providing Services you requested, provide you with support related to our Services, and to help us protect our Services, including to combat fraud and protect your information.

Customer Service and Technical Support. We may use your name, address, phone number, email address, how you interact with our Services, and information about your computer configuration to resolve questions you may have about our Services and to follow up with you about your experience.

Feedback. We may use any information you volunteer in surveys you answer for us and combine them with answers from other customers in order to better understand our Services and how we may improve them. Answering any survey is optional.

Research, Including Publishing or Sharing Combined Information from Many Users, But Only in a Way that Would Not Allow You or Any Other Person to be Identified. Only in a way that would not allow you or any other person to be identified, we may prepare and share information about our customers with third parties, such as advertisers or partners, for research, academic, marketing and/or promotional purposes. For example, we may share demographic data that describes the percentage of our customers who connect to a particular third party service or who use a particular feature on the Services. We or our third party partners may publicly report the aggregated findings of the research or analysis, but only in a way that would not allow you or any other person to be identified.

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We use reasonable efforts to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

Will We Share Any of the Personal Information We Receive?

Personal Information about our end users is an integral part of our business. We do not rent, sell or disclose your Personal Information to anyone – except for the following limited purposes:

Agents: We may employ other companies and people to perform tasks on our behalf – meaning they are helping us provide our Services. We may share your Personal Information with such companies/persons solely as necessary for them to help us provide the Services. Unless we tell you differently, our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if we (or our assets) are acquired, or in the unlikely event that we go out of business or enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets that is transferred or acquired by a third party.

Protection of Open Space and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Open Space, our employees, our users, or others.

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Conditions of Use

If you decide to access or use the Services, any possible dispute over privacy is subject to this Privacy Policy and any other applicable written agreement between you and Open Space, including limitations on damages, dispute resolution, and application of California state law.

 

Privacy Shield Framework

OpenSpace complies with the EU-U.S. Privacy Shield Framework, as as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. OpenSpace has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

OpenSpace provides a SaaS product that allows you to create 360 degree photo documentation of your jobsite. At the time of registration, users are required to provide their name and email address to sign up for an OpenSpace account. OpenSpace uses a limited number of third-party service providers to assist in providing services to customers. OpenSpace maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Privacy Shield obligations.

In compliance with the Privacy Shield Principles, OpenSpace commits to resolve complaints about our collection or use of your personal information.  EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact OpenSpace at support@openspace.ai.

OpenSpace has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit JAMS for more information or to file a complaint.  The services of JAMS are provided at no cost to you.

What Choices Do I Have?

Through your account settings, you may access, and, in some cases, update, edit or delete the following information you’ve provided to us:

• name and password
• email address
• user profile information

You may also contact customer support via email (support@openspace.ai) to make requests about updating, editing or deleting certain information. The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@openspace.ai.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing us at support@openspace.ai. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. If you have any questions about viewing or updating information we have on file about you, please contact us at support@openspace.ai.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing 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: support@openspace.ai.

Our Services are not currently configured to respond to browsers’ “Do Not Track” signals because at this time no formal “Do Not Track” standard has been adopted. To learn more about “Do Not Track” visit: https://allaboutdnt.com/

We do not knowingly collect information from anyone under the age of 18. Our Services are intended for and directed to adults. Our Services are not directed to minors and we do not knowingly collect Personal Information from minors. If you are under 18, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from anyone under the age of 18, we will delete that information as quickly as possible. If you believe that a person under the age of 18 may have provided us Personal Information, please contact us at support@openspace.ai.

European Privacy Matters

GDPR

For this GDPR section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Open Space will be the controller of your Personal Data processed in connection with the Services. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at: privacy@openspace.ai

What personal data do we collect from you?

We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services.

Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:

• First and last name
• Email address
• Mailing address
• Telephone number
• Customer token for credit/debit card information (note that the credit/debit card information will be stored on our third party payment processors, but we don’t collect nor store such information.)

Information we receive from third party sources: Some third parties such as our business partners and service providers provide us with Personal Data about you, such as the following:

• Public Websites and Other Services
  • First and last name
  • Email address
  • Mailing address
  • Telephone number

Information we automatically collect when you use our Services: Some Personal Data is automatically collected when you use our Services, such as the following:

• IP address
• Device identifiers
• Web browser information
• Usage information
• Location information (e.g. IP address, zip code)
• Log data (e.g. access times, hardware and software information)

How do we use your personal data?

We process Personal Data to operate, improve, understand and personalize our Services and our products. For example, we use Personal Data to:

• Create and manage user accounts
• Communicate with you about the Services
• Process orders
• Contact you about Service announcements, updates or offers
• Maintain business records
• Meet contractual or legal obligations
• Respond to user inquiries
• Fulfill user requests
• Comply with our legal or contractual obligations
• Resolve disputes
• Protect against or deter fraudulent, illegal or harmful actions

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

• Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
  • First and last name
  • Email address
  • Mailing address
  • Telephone number
  • IP address
  • Device identifiers
  • Web browser information
  • Usage information
  • Location information (e.g. IP address, zip code)
  • Log data (e.g. access times, hardware and software information)
• Examples of these legitimate interests include:
  • Operation and improvement of our business, products and services
  • Marketing of our products and services
  • Provision of customer support
  • Protection from fraud or security threats
  • Compliance with legal obligations
  • Completion of 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: 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.

How and with whom do we share your data?

We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy. These parties include:

• Payment processors
• Analytics service providers
• Staff augmentation and contract personnel
• Hosting service providers
• Co-location service providers
• Telecommunications service providers
• Other parties authorized by you
• Tutorial service providers
• Customer relationships management tool providers
• Inventory management solutions
• Identity management and authentication service providers
• Performance analytics and bug tracking

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

We share Personal Data when we believe it is necessary to:

• Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
• Protect us, our business or our users, prevent spam or other unwanted communications and investigate or protect against fraud
• Maintain the security of our products and services

Last, we share Personal Data with our affiliates or other members of our corporate family. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

How long do we retain your personal data?

We may retain your Personal Data for a period of time consistent with the original purpose of collection (see the lawful bases identified above). We determine the appropriate retention period for Personal Data on the basis of the amount, nature and sensitivity of your Personal Data processed, the potential risk of harm from unauthorized use or disclosure of your Personal Data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements.

After expiration of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data. However, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

What security measures do we use?

We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we use encryption protocols when we transmit information over the Internet. We also require that our suppliers protect such information from unauthorized access, use and disclosure.

Personal data of children:

As we said above, we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at privacy@openspace.ai.

What rights do you have regarding your personal data?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email: privacy@openspace.ai. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by emailing us at: privacy@openspace.ai.
• Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. In certain circumstances, you can correct some of this information directly by emailing us at: privacy@openspace.ai
• Erasure: You can request that we erase some or all of your Personal Data from our systems.
• Withdrawal of consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
• Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
• Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint: You have the right to lodge a complaint about Open Space’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

What if you have questions regarding your personal data?

If you have any questions about this section or our data practices generally, please contact us using the following information:

• NAME: Perry Li
• PHYSICAL ADDRESS: 333 Kearny St. 4th Fl. San Francisco CA 94108
• EMAIL ADDRESS FOR CONTACT: privacy@openspace.ai
• DESIGNATED REPRESENTATIVE AND CONTACT INFORMATION IN THE US: Perry Li, privacy@openspace.ai
• DESIGNATED REPRESENTATIVE AND CONTACT INFORMATION IN THE EU: Arno Schlosser, DP-Dock GmbH, Ballindamm 39, 20095 Hamburg, privacy@openspace.ai

Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by email at privacy@openspace.ai. Users are bound by any changes to the Privacy Policy when he or she uses the Services after such notice has been provided.

Questions or Concerns

If you have any questions or concerns regarding privacy in connection with the Services, please send us a detailed message at privacy@openspace.ai. We will make every effort to resolve your concerns.

Effective Date: July 31, 2020