Open Influence Privacy statement

Privacy Statement Overview

This privacy policy (the “Privacy Policy”) describes how and when INSTABRAND, INC. (“Open Influence” “us” “we” “our”) collects, uses, and shares your information when you use the Open Influence website located at www.Openinfluence.com (the “Site”) and our related application(s), service(s) and software (collectively, with the Site the “Services”). This Privacy Policy explains the information gathering, use and sharing practices for the Services, including what information is collected, how that information is acquired, maintained, stored, shared and/or used, and your privacy choices. This Privacy Policy is independent from our offline personal data collection practices. By using our Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy now and as amended from time to time at our discretion.

Your privacy is important to us and Open Influence is committed to protecting the privacy of its users and the information that You share in connection with Our Service. Our Privacy Notice describes how We share and transfer Personal Data (defined in the Privacy Policy below) that You voluntarily provide Us and Our Privacy Policy provides a more detailed description of how We collect, process and manage Your Personal Data and informs You of Your rights with respect the privacy practices associated with the, use, and disclosure of Personal Data through the Site and Service. Open Influence may provide additional notices through the Site or Service in addition to these practices or provide You additional choices about how Open Influence may process Your Personal Data. If You have any questions about this Privacy Notice or Privacy Policy (“Privacy Statement”), please contact us at compliance@instabrand.com.

Privacy Notice

This Privacy Notice describes Open Influence’s collection, use, and disclosure of the information You provide to Us through Your use of the Site or Service, as well as the rights You have with respect to Your Personal Data. For any questions regarding this Privacy Notice please contact Us at compliance@instabrand.com.

I. What Information Do We Collect And How Do We Use It?

This Privacy Notice describes Open Influence’s collection, use, and disclosure of the information You provide to Us through Your use of the Site or Service, as well as the rights You have with respect to Your Personal Data. For any questions regarding this Privacy Notice please contact Us at compliance@instabrand.com.

Information We collect from You.

– We will collect limited Personal Data that You voluntarily provide us, for example, when You register for campaigns, or interact with Open Influence personnel through the Site or Service. We may also collect Personal Data when You sign up for marketing emails, events, or other opportunities through Open Influence. Personal Data may contain Your name, email, contact information, or other information You provide to Open Influence.

–  Transactional information pursuant to Your use of the Site and Service.

–  Broad Geographic Location

–  Contact information.

Examples of how We use Your Personal Data.

– To provide You with Site and Service

– To include you on campaigns, pay your for marketing services, or reach out for marketing efforts.

– To enhance the Site

– To monitor the security of the Site or Service

– To provide You with promotional communications and materials

Information from third party sources and affiliated companies.

We may also obtain information about You through third party sources as permitted by applicable law, such as public databases, social media platforms, and reseller, channel, and joint marketing partners.

II. Sharing Your Information

We may share Your Personal Data with third parties as follows:

Service Providers.

We may share Your Personal Information with third parties, such as vendors and service providers who provide assistance with billing, payment processing, marketing, data analytics support and service associated with the Site or Service.

Business Partners.

We may share Your Personal Data with Our channel partners to fulfill obligations and requests, to deliver support, and to provide users and Our customer’s users with information about Open Influence. Open Influence does not control how a business partner may use Your Personal Data. Our business partners are responsible for managing the use of Personal Data collected in these circumstances.

Compliance with laws and for other legitimate business purposes.

Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your Personal Information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Open Influence’s rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information. We may also disclose Your Personal Data when it may be necessary for other legitimate purposes as reasonably determined by Open Influence.

III. International Transfers of Information

Information, including information collected in the European Economic Area (“EEA”) may be transferred, stored and processed by Us and Our services providers in the United States and other countries whose data protection laws may be different than the laws of Your country. We will protect Your Personal Data in accordance with this Privacy Notice wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

IV. Information Security and Confidentiality

Open Influence maintains (and requires its subcontractors and service providers to maintain) appropriate organizational and technical measures designed to protect the security and confidentiality of any information We process. However, no organizational or technical measures are 100% secure so You should take care when disclosing information online and act reasonably to protect Yourself online.

V. Privacy Rights

You may modify the information You have provided to Open Influence by emailing info@openinfluence.com. You can also opt-out of receiving marketing communications, deactivate, or delete Your account at any time.

You can also permanently delete your Open Influence account by contacting Open Influence via email at help@Openinfluence.com.

You may opt-out of receiving email communications and other marketing materials from us (or any third party email marketing service we may use) via link provided in each email.

VI. Additional Rights for EEA users or similar international areas

If You live in the European Economic Area, or a similar international area, You may have additional privacy rights available to You under applicable laws. We will process Your requests in accordance with applicable data protection laws. If You would like to exercise any of the below rights, please contact compliance@openinfluence.com so that We may consider Your request in accordance with applicable law:

Right not to provide or withdraw consent: You have the right not to provide or withdraw Your consent at any time.

Right of access: You may have the right to access the Personal Data that You provided Us.

Right of erasure: You may have the right to the erasure of Personal Data that We hold about You.

Right to object to processing: You may have the right to request that Open Influence stop processing Your Personal Data and/or to stop sending You marketing communications.

Right to rectification: You may have the right to require Us to correct any of Your Personal Data.

VII. Additional Information

How long We retain Your information

We will retain personal information We collect from You for the period allowable by law and where We have a justifiable business need to do so, unless a longer period is required or permitted by law. You can request deletion of Your Personal Data at any time and We will consider Your request in accordance with applicable law.

External Links

The Open Influence Site and Service may link to other websites or services. Open Influence does not control those websites or their privacy practices. The personal information You choose to give to such parties is not covered by this Privacy Notice or the Open Influence Privacy Policy.

Changes to this Privacy Notice

Open Influence will review and update this Privacy Notice in response to changing legal, technical and business developments. Please review this Privacy Notice frequently to understand how Open Influence is protecting Your Personal Data.

Data Protection Officer

Open Influence has appointed a Data Protection Officer to ensure continued commitment to privacy and security practices. For further information please contact Us at: compliance@openinfluence.com

Privacy Policy

This Privacy Policy describes in further detail Open Influence’s collection, processing, and treatment of Your information, as well as the rights You have with respect to such information. This Privacy Policy will provide You with further technical information regarding the processing of Your Personal Data described in the Privacy Notice.

If You have any questions or concerns or complaints about this Privacy Policy or Our data collection or processing practices, or if You want to report any security violations to us, please contact Us at: compliance@openinfluence.com.

I. User Consent

By submitting Personal Data through Our Site or Service, You agree to the terms of this Privacy Policy, as well as Our Privacy Notice and the Terms of Service, and You expressly consent to the collection, use and disclosure of Your Personal Data in accordance with the Privacy Policy, Privacy Notice, and Terms of Service. If You do not agree, You should discontinue use of the Site and Service immediately.

II. Our Policy Towards Children

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under thirteen (13) years of age.  Our Services are not directed to individuals under the age of thirteen (13).  If a parent or guardian becomes aware that his or her child has provided us with personal information without his or her consent, please contact us at help@Openinfluence.com. We do not knowingly collect or maintain personal information from children under 13, unless or except as permitted by law.  If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account unless we receive verifiable parental consent.  We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information to us without their parent’s or legal guardian’s permission.

III. A Note To Users Outside Of the United States

If You are a non-U.S. user of the Site, by accessing the Site and providing us with Personal Data, You acknowledge and agree that Your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in Your country. By providing your data, You consent to such transfer. For further information please consult Our Privacy Notice.

IV. Types Of Data We Collect

“Personal Data” means data that allows someone to identify or contact You, including, for example, Your name, e-mail address, as well as any other non-public information about You that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to Your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

V. Information You Provide To Us

We may collect Personal Data from You, such as Your first and last name, location, phone number, gender, e-mail and mailing addresses, and password when You create an account to log in to Our network (“Account”).

When You post content or make edits to your profile biography (text, images, photographs, messages, comments or any other kind of content) on various social platforms, the information contained in Your posting may be stored on Our servers and other users will be able to see it, along with Your profile photo and any other information that You choose to make public on Your public profile page (“Profile”). The information that You provide in Your Profile will be visible to others.

We may also collect Personal Data at other points on Our Site and Service that state that Personal Data is being collected.

VI.

(a) Information Collected Via Technology

Information Collected by Our Servers. To make Our Site and Service more useful to You, Our servers (which may be hosted by a third party service provider) collect information from You, including Your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to Your computer when You use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for Your visit.

Log Files. As is true of most websites, We gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about Our user base as a whole, and better tailor Our Site and Service to Our users’ needs. For example, some of the information may be collected so that when You visit the Site or use Our Service again, it will recognize You and the information could then be used to serve advertisements and other information appropriate to Your interests. Except as noted in this Privacy Policy, We do not link this automatically-collected data to Personal Data.

Cookies. Like many online services, We use cookies to collect information. “Cookies” are small pieces of information that a website sends to Your computer’s hard drive while You are viewing the website. We may use both session Cookies (which expire once You close Your web browser) and persistent Cookies (which stay on Your computer until You delete them) to provide You with a more personal and interactive user experience. This type of information is collected to make Our Site and Service more useful to You and to tailor the experience with Us to meet Your special interests and needs.

Pixel Tags. In addition, We use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow Us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that We are sending only messages that are of interest to Our users. We may use this information to reduce or eliminate messages sent to a User. We do not tie the information gathered by Pixel Tags to Our users’ Personal Data.

Links: We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.

Affiliated Sites: We offer some of our Services in connection with other third parties, and Personal Information that your provide to those third parties may be sent to Open Influence in order to deliver the Service. We process your information in accordance with this Privacy Policy, however, such third parties may have different privacy practices. Therefore, we encourage you to read their privacy policies prior to disclosing any Personal Information.

Google Analytics. We use Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site and use Services, what pages they visit, and what other sites they used prior to coming to Our Site. We use the information We get from Google Analytics only to improve Our Site and Service. Google Analytics collects only the IP address assigned to You on the date You visit the Site, rather than Your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with Your Personal Data. Although Google Analytics plants a persistent Cookie on Your web browser to identify You as a unique user the next time You visit the Site and use Services, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about Your visits to the Site and use of Services is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

(b) Information collected from You.

Creating an Account and Profile Information: To use certain features of the Services, you may be required to provide information such as your name, username, password, email address, mailing address, zip code, telephone number, gender, age verification and/or country of residence. You may optionally provide us with additional profile information, including a short bio, location, profile picture and other information (collectively “Personal Information”). You may update or modify your profile information and contact information at any time. Profile information may be available publicly on our Services, such as on your profile page. In addition to using your contact information to create your account, we may use this information to send you information about our Services, respond to your requests and facilitate use of the Services. We may use your name, email address and other information you provide to notify you of new products, releases, service notifications, events and to solicit your feedback and input. We may also use your Personal Information to send you marketing materials or newsletters and to improve the Services.

When You Send Email Communications: When you contact us via email, the email address you use to communicate with us will be subject to this Privacy Policy. We may collect, store and use the email address you used to communicate with us to communicate with you, respond to your requests, to inform you about our products and services (unless you opt out of receiving such communications), to answer questions, resolve concerns or send you other information related to the Services. The contents of your email communications including any information, resumes, ideas, concepts or inventions, will not be subject to this Privacy Policy. We may keep a record of your communications with us and use the contents of those communications for any purpose.

(c) Information Collected From Third Party Companies

We may receive Personal and/or Anonymous Data about You from companies that provide Our Service by way of a co-branded or private-labeled website, companies that offer their products and/or services through Our Services, and/or companies that otherwise collect such information. These third party companies may supply Us with Personal Data. We may add this information to the information We have already collected from You via Services in order to improve Services We provide to You.

VII Use Of Your Personal Data

(a) General Use

In general, Personal Data You submit to Us is used to aid Us in serving You better. We use Your Personal Data in the following ways:

Facilitate the identification/discovery of your profile for branded campaign

identify You as a User in Our system;

Gather insights on content, hashtags, targeted audience.

provide improved administration of the Site and Service;

provide the Site and Service;

improve the quality of experience when You interact with the Site and Service;

send You administrative e-mail notifications, such as information about potential campaign, security or support and maintenance advisories;

send newsletters, surveys, offers, and other promotional materials related to the Site or Service and for other marketing purposes of Open Influence.

(c) Creation Of Anonymous Data

We may create Anonymous Data records from Personal Data by excluding information (such as Your name) that makes the data personally identifiable to You. We use this Anonymous Data to analyze request and usage patterns so that We may enhance the content of Service and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in Our sole discretion.

VIII Disclosure Of Your Personal Data

We disclose Your Personal Data as described below and as described elsewhere in this Privacy Statement.

(a) Third Party Service Providers

We may share Your Personal Data with third party service providers to: provide You with the Service; to remunerate you for participation in campaign; to conduct quality assurance testing; to facilitate creation of Accounts; to provide technical support; and/or to provide other services to Open Influence. These third party service providers are required not to use Your Personal Data other than to provide the services requested by Open Influence.

Furthermore, in connection with the operation, promotion, advertising or marketing of our Services, we may provide certain of our partners with Personal Information (e.g., your name or Open Influence username) and other content or information related to you (e.g., your profile picture), or provide certain of our partners with access to our application programming interfaces (“APIs”) in order to access such information using information (such as Twitter handles) already in their possession.  Please note: each time we provide any of your Personal Information to our partners, we only provide information to these partners that is publicly available or publicly viewable in your Open Influence profile at the time we provide it.

(b) Affiliates

We may share some or all of Your Personal Data with Our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case We will require Our Affiliates to honor this Privacy Statement.

(c) Corporate Restructuring

We may share some or all of Your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of Our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires Our company, business, or assets, that company will possess the Personal Data collected by Us and will assume the rights and obligations regarding Your Personal Data as described in this Privacy Policy.

(d) Social Networking Sites (“SNS”)

Our Service may enable You to post content to a SNS. If You choose to do this, We will provide information to such SNS in accordance with Your elections. You acknowledge and agree that You are solely responsible for Your use of those websites and that it is Your responsibility to review the terms of use and privacy policy of the third party provider of such SNS. We will not be responsible or liable for: (i) the availability or accuracy of such SNS; (ii) the content, products or services on or availability of such SNS; or (iii) Your use of any such SNS.

(g) Other Disclosures

Regardless of any choices You make regarding Your Personal Data (as described below), Open Influence may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Open Influence; (c) to protect or defend the rights or property of Open Influence or users of the Site or Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Our Terms of Use.

IX Third Party Websites

Our Site may contain links to third party websites. When You click on a link to any other website or location, You will leave Our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from You. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of Your Personal Data after You click on links to such outside websites. We encourage You to read the privacy policies of every website You visit. The links to third party websites or locations are for Your convenience and do not signify Our recommendation of such third parties or their products, content or websites.

X Your Choices Regarding Information

You have several choices regarding the use of information on Our Service:

(a) Email Communications

We will periodically send You free newsletters and e-mails that directly promote the use of Our Site or Service. When You receive newsletters or promotional communications from us, You may indicate a preference to stop receiving further communications from us and You will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail You receive or by contacting us directly (please see contact information below). Despite Your indicated e-mail preferences, We may send You Service related communications, including notices of any updates to Our Terms of Use or Privacy Policy.

(b) Cookies

If You decide at any time that You no longer wish to accept Cookies from Our Site or Service for any of the purposes described above, then You can instruct Your browser, by changing its settings, to stop accepting Cookies or to prompt You before accepting a Cookie from the websites You visit. Consult Your browser’s technical information. If You do not accept Cookies, however, You may not be able to use all portions of the Site or all functionality of the Service. If You have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.

(c) De-linking SNS

If You decide at any time that You no longer wish to have Your SNS account (e.g., Facebook) linked to Your Account, then You may de-link the SNS by contacting us at info@openinfluence.com. You may also manage the sharing of certain Personal Data with us when You connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how You may adjust Our permissions and manage the interactivity between the Service and Your social media account or mobile device.

(d) Changing Or Deleting Your Personal Data

You may change any of Your Personal Data in Your Account by editing Your profile within Your Account. You may request deletion of Your Personal Data by us, and We will use commercially reasonable efforts to honor Your request, but please note that We may be required to keep such information and not delete it (or to keep this information for a certain time, in which case We will comply with Your deletion request only after We have fulfilled such requirements). When We delete any information, it will be deleted from the active database, but may remain in Our archives. We may also retain Your information for fraud or similar purposes.

XI Security Of Your Personal Data and Information Security

Open Influence is committed to protecting the security of Your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect Your Personal Data from unauthorized access, use, or disclosure. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. However, no Internet or email transmission is ever fully secure or error free. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.  Notwithstanding the foregoing, we will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. We also require You to enter a password to access Your Account information. Please do not disclose Your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Open Influence uses reasonable efforts to Your Personal Data, Open Influence cannot guarantee its absolute security.

XII Changes To This Privacy Policy

This Privacy Policy may be updated from time to time for any reason, without advanced notice to you. We will notify You of any changes to Our Privacy Policy by posting the new Privacy Policy here: https://openinfluence.com/privacy-policy/ and We will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes. Continued use of Our Site or Service, following posting of such changes, shall indicate Your acknowledgement of such changes and agreement to be bound by the terms of such changes. If You do not agree, You should immediately discontinue Your use of the Site or Service.

XIII Notice to California Residents

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of personal information that had been so disclosed. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to us or contact us via postal mail at: 11520 San Vicente Blvd., Los Angeles, 90046, CA.