Privacy Policy

Updated on October 28th 2023

Open Genie AI Inc. (“we,” “us,” “our,” or “Company”) is committed to protecting your privacy. We comply with our privacy obligations in accordance with applicable data protection laws, including the EU General Data Protection Regulation (“GDPR”).

This Privacy Policy describes our privacy practices as to Personal Information that we collect through https://www.opengenie.ai/  (“Platform”). 

This Privacy Policy applies when we act as the data controller of the Personal Information of natural persons who use the Platform (“you” or “your”); in other words, where we determine the purposes and means of the processing of that Personal Information.

Our Terms of Service are incorporated into this Privacy Policy. Together, they form a binding agreement between you and us. Any capitalised word used but not defined in this Privacy Policy have meanings as provided in the Terms of Service.

  1. PERSONAL INFORMATION

Personal Information is any information that identifies a natural person.

Personal Information” means any information relating to an identified or identifiable natural person.

We collect your Personal Information in the course of providing the Platform to you. Depending on your use of the Platform, you might supply us with Personal Information as your name, email address, and other optional information (“Account Information”).

  1. NON-PERSONAL INFORMATION

Non-Personal Information does not identify natural persons.

Non-Personal Information” is information that does not personally identify a person; but may include tracking information about the use of the Platform such as devices, location, and demographics. When you interact with the Platform, we collect and store the following Non-Personal Information: analytics data, log files, device identifiers, and location data.

  1. LEGAL BASES FOR PROCESSING OF DATA

Our legal bases for processing your information are consent, contractual necessity, legitimate interests, and compliance with legal obligations.

The following are the legal bases for our use of your data:

Consent: where you have consented to our use of your Personal Information. You may withdraw your consent to our use of your Personal Information at any time by contacting us at contact@opengenie.ai.

Contractual Necessity: where we are required to collect and handle your Personal Information to provide you with the services that we have contractually agreed to provide to you.

Legitimate Interests: where we have a legitimate interest in using your Personal Information, and such purpose is not outweighed by any interests that you may have, or any prejudice that you may suffer, from the relevant use of your Personal Information.

Compliance with our Legal Obligations: where necessary for compliance with a legal obligation to which we are subject, or in order to protect our vital interests, your vital interests, or the vital interests of another natural person.

  1. COLLECTION OF INFORMATION

We collect the Personal Information that you give to us.

Information You Give to Us. We collect any information you provide to us when you use the Platform. You provide information to us when you:

  • signup for an account;
  • subscribe in the Platform;
  • configure the settings in your account; or
  • in any other way provide Personal Information to us through the Platform.

We collect Non-Personal Information about the use of the Platform.

Automatically-Collected Information. We automatically collect certain types of Non-Personal Information about how you use and interact with the Platform. This information includes your IP address, login information, browser type and version, time zone setting, browser plug-in types, geolocation information about where you might be, operating system and version, URL clickstreams, services viewed, page response times, download errors, how long you stay on webpages, what you do on those pages, how often, and other actions.

We collect information from or through third-party sites.

Data From or Through Third-Party Sites. When you interact with the Platform or your account through third-party sites or platforms, such as Slack, LinkedIn, X, Medium, Calendly, or SpiceWorks, we may collect the Personal Information that you make available to us on that third-party site or platform, including your account ID or handle. We will comply with the privacy policies of the corresponding or third-party site or platform. We will only collect and store such Personal Information that we are permitted to collect by the third-party site or platform. If you choose to link or sign-in to your account with or through a social networking service, we and that service may share certain information about you and your activities.

  1. USE OF PERSONAL INFORMATION

We use information only for the reasons they are collected.

Provide the Platform. We use your Personal Information to provide and operate the Platform, including account creation, registrations, subscriptions, purchases, and payments. The legal bases for this processing are contractual necessity and legitimate interest.

Measure, Support, and Improve the Platform. We use your Personal Information to measure use of, analyse performance of, fix errors in, provide support for, improve, and develop the Platform. The legal bases for this processing are contractual necessity and legitimate interest.

Recommendations and Personalisation. We use your Personal Information to recommend the Platform that might be of interest to you, identify your preferences, and personalise your experience with the Platform. The legal basis for this processing is consent and legitimate interest.

Communicate with you. We use your Personal Information to communicate with you in relation to the Platform via different channels (e.g., by phone, email, chat) and to respond to your requests. The legal bases for this processing are consent and legitimate interest.

Marketing. We use your Personal Information to market and promote the Platform. The legal bases for this processing are consent and legitimate interest (where we do not need your consent).

Fraud and Abuse Prevention. We use your Personal Information to prevent and detect fraud and abuse in order to protect our security, of our customers, and or others. The legal basis for this processing is legitimate interest (detection and prevention of fraud).

Comply with Legal Obligations. In certain cases, we have a legal obligation to collect, use, or retain your Personal Information. 

With Your Consent. We may also ask for your consent to use your Personal Information for a specific purpose that we communicate to you. When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your Personal Information for that purpose.

We never sell your Personal Information. We never share your Personal Information with third-parties for their marketing purposes, unless you consent thereto. The list of third-parties to whom we may disclose to and/or share your Personal Information with is available on request.

Should we need to process your Personal Information for a new purpose entirely unrelated to the above, we will inform you of such processing in advance and you may exercise your applicable rights in relation to such processing. Please note that without certain Personal Information, we may not be able to provide some or all parts of the Platform or even to guarantee the full functionalities of the Platform.

  1. SHARING OF PERSONAL INFORMATION 

We share Personal Information to provide the Platform and protect our legitimate business interests.

Our Affiliates. We share Personal Information as described in this Privacy Policy and with our affiliates that we control that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.

Third-Party Service Providers. We employ other companies and individuals to perform functions on our behalf. Examples include delivering hardware, sending communications, analysing data, providing marketing and sales assistance (including advertising and event management), conducting customer relationship management, and providing training. These third-party service providers have access to Personal Information needed to perform their functions, but may not use it for other purposes. Further, they must process that information in accordance with this Privacy Policy and as permitted by applicable data protection law.

Payment Processor. The Platform uses Stripe to process your payments. All of your payment information, such as name on your card, credit card number, and billing address, are stored and processed by the payment processor, not us. For information about the privacy practices of Stripe, please see https://stripe.com/en-sg/privacy.

Business Transfers. As we continue to develop our business, we might sell or buy businesses or services. In such transactions, Personal Information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the individual consents otherwise). Also, in the unlikely event that we or substantially all of our assets are acquired, your information will of course be one of the transferred assets.

Our and Others’ Protection. We release Account Information and other Personal Information when we believe release is appropriate to comply with the law, enforce or apply our terms and other agreements, or protect the rights, property, or security of us, our customers, or others. This includes exchanging information with other companies and organisations for fraud prevention and detection and credit risk reduction.

With Your Consent. Other than as set out above, you will receive notice when Personal Information about you might be shared with third-parties, and you will have an opportunity to choose not to share the information.

  1. RETENTION OF PERSONAL INFORMATION

We keep your Personal Information only when needed for its processing.

We keep your Personal Information to enable your continued use of the Platform, for as long as it is required in order to fulfil the relevant purposes described in this Privacy Policy, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. How long we retain specific Personal Information varies depending on the purpose for its use, and we will delete your Personal Information in accordance with applicable law.

If you delete your account, we take reasonable steps to delete your Personal Information within a reasonable period of time. Sometimes, we may retain your Account Information for a period of time after account deletion to allow you to efficiently reinstate your account, if you so choose. We also may retain certain Personal Information after you delete your account to the extent necessary to comply with our legal and regulatory obligations, for the purpose of fraud monitoring, detection and prevention, and for our tax, accounting, and financial reporting obligations.

  1. DE-IDENTIFICATION OF PERSONAL INFORMATION

We may de-identify your Personal Information if we store it after the retention period.

When allowed by applicable law, we will take reasonable steps to de-identify and store your Personal Information after the retention period. We may use de-identified data in some instances. We either maintain such data without attempting to re-identify it or treat such data as Personal Information subject to applicable law.

  1. SECURITY OF PERSONAL INFORMATION

We implement industry-recognized measures to protect your Personal Information, but we can’t guarantee it is 100% secured.

Security is our highest priority. We design our systems with your security and privacy in mind. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of Personal Information.

We maintain a dedicated security team responsible for monitoring, assessing, and enhancing the Platform's security measures. We restrict access to Personal Information collected about you to our employees, contractors, and certain third-party service providers as discussed above. Our security procedures mean that we may request proof of identity before we disclose Personal Information to you.

We maintain reasonable administrative, technical, and organisational safeguards designed to protect against loss, misuse, or unauthorised access, disclosure, alteration, or destruction of the Personal Information that we collect from you. Please note, however, that no website or storage mechanism, including the Platform, can guarantee 100% security.

  1. YOUR RIGHTS

You have rights over your Personal Information.

Subject to applicable laws, the following are your rights pertaining to your Personal Information:

Right to Access. You have the right to ask whether we hold Personal Information about you and request copies of such Personal Information and information about how it is processed.

Right to Correct. You have the right to request that inaccurate Personal Information that we hold about you be corrected.

Right to Delete. You have the right to request deletion of your Personal Information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements.

Right to Restrict. You have the right to request us to restrict the processing of your Personal Information where the processing is inappropriate.

Right to Object. You have the right to object to the processing of your Personal Information.

Right to Data Portability. You have the right to request portability of your Personal Information that you have provided to us (which does not include information derived from the collected information), where the processing of such Personal Information is based on consent or a contract with you and is carried out by automated means.

If you want to exercise any of your rights, please contact us at [email protected].

Additionally, you may have the right to appeal the denial of any of these rights by submitting a form that will be provided to you if we deny a data request. We will not discriminate against any person for exercising their rights.

  1. MARKETING COMMUNICATIONS; OPTING OUT

You can opt-out of receiving marketing communications from us.

We only send mail, messages and other communications relating to marketing where we are authorised to do so by law. In most cases, we rely on your consent to do so (especially where we use electronic communications). If, at any time, you no longer wish to receive direct marketing communications from us, you can exercise this right by clicking the “unsubscribe” or “opt-out” link in the marketing emails we send you, or contacting us at [email protected], or updating your preferences on your account and/or in our Platform.

Even if you withdraw any consent you may have given us or if you object to receiving such direct marketing material from us (in those cases where we do not need your consent), we may still need to send you administration and transactional communications from which you cannot opt-out.

  1. DO NOT TRACK DISCLOSURE

We do not track your Personal Information outside the Platform.

We do not track the personally identifying information of our users and visitors over time and across third-party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals. However, some other third-party websites do keep track of your browsing activities so that they can tailor the information or advertising they present to you. If you wish to opt out of this tracking, you can enable privacy settings in your browser.

  1. STORING PERSONAL INFORMATION

To run the Platform, your Personal Information may be transferred to our affiliates and service providers in the US and other countries.

Open Genie AI Inc. is located in the United States, and our affiliated companies are located throughout the world. Depending on the scope of your interactions with the Platform, your Personal Information may be stored in or accessed from multiple countries, including the United States.

  1. THIRD PARTY SITES AND SERVICES

If you share Personal Information with third-parties linked on the Platform, the use of your Personal Information will be governed by their privacy policies.

The Platform may embed content or include links to third-party websites and applications. These companies may collect information about you when you interact with their content or services. Please be aware that we do not control and are not responsible for their information collection, use, and disclosure practices. Please review and understand their privacy practices and policies, if any, before providing any Personal Information to them or using any of their services. We are not responsible for the content or information of these third-party sites, any products or services that may be offered through them, or any other use of the sites.

  1. ADDITIONAL TERMS FOR EU CITIZENS

We are the controller of your Personal Information. We may transfer your information outside Europe subject to appropriate safeguards.

Controller Information. We, Open Genie AI Inc., are the data controller of your Personal Information that we collect through the Platform.

Data Transfer. In some cases, it may be necessary for us to transfer your Personal Information to countries outside the European Union (EU)/European Economic Area (EEA) or any other non-EEA country not considered by the European Commission to offer an adequate level of protection. In such cases, apart from all appropriate safeguards that we implement, in any case, to protect your Personal Information, we have put in place additional adequate measures. You are entitled to obtain a copy of these measures by contacting us.

  1. ADDITIONAL TERMS FOR US CITIZENS

California Privacy Rights

If you are a resident of California, the CCPA and CPRA give you certain rights with respect to your Personal Information.

If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us, information regarding the disclosure of your Personal Information to the third-parties for direct marketing purposes in the preceding calendar year, free of charge, once a year. 

California residents, who are under 18 and are registered users of our Platform, are allowed to request and have removed any content or information that they have posted publicly. However, in cases where the law does not require or allow the removal of information, this may not be applicable. This is under California Business and Professions Code Section 22581.

The Personal Information that we may collect, or may have collected from consumers in the preceding twelve months, fall into the following categories established by the California Privacy Rights Act, depending on how you engage with the Platform: 

  • Identifiers, such as your name, email address, IP address, your account log-in information, which may be required to verify your identity;
  • Personal Information as described in subdivision (e) of Section 1798.80 of the California Civil Code, such as a credit card number or other payment information; commercial information, such as purchase activity; geolocation data, which may in some cases constitute precise geolocation information, such as the location of your device or computer, for example if you enable location services to enhance your experience through event applications we offer; and inference data, such as information about your preferences.

If you want to exercise any of your rights, please contact us at [email protected].

Profiling Disclosure

We do not engage in profiling of consumers in furtherance of automated decisions that produce legal or similarly significant effects, as those terms are defined under the Colorado Privacy Act.

  1. EU-U.S. DATA PRIVACY FRAMEWORK

We comply with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce (as applicable).

  1. INQUIRIES AND COMPLAINTS

You have the right to send inquiries and complaints to your data protection authority.

If you interact with the Platform on behalf of or through your organisation, then your Personal Information may also be subject to your organisation’s privacy practices, and you should direct privacy inquiries to your organisation.

If you have any privacy complaint, please contact us at [email protected]. We try to reply to all legitimate requests within one month from receiving them. In some particular cases (for example, if the matter is particularly complex or if you send us multiple requests), it may take us longer than a month. In such cases, we will notify you accordingly and keep you updated. 

If you are not satisfied with the outcome of a complaint, or if you are concerned about a potential violation, you also have the option to report the issue or make a complaint to the data protection authority in your jurisdiction.

  1. CHILDREN’S PERSONAL INFORMATION

We do not collect the Personal Information of children.

We do not collect Personal Information of children. If we learn that we have collected any Personal Information from a child, we will take reasonable steps to delete such information. Parents or guardians who believe that their child has submitted Personal Information to us and would like to have it deleted should contact us at [email protected].

  1. REVISIONS

This policy may be changed or updated.

Our Platform changes constantly, and so our Privacy Policy may also change. You can see the date on which the latest version of this Privacy Policy was posted. We reserve the right, at our complete discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. You should check our Platform frequently to see recent changes. You can see the date on which the latest version of this Privacy Policy was posted. Unless stated otherwise, our current Privacy Policy applies to all Personal Information we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of Personal Information collected in the past without informing affected data subjects and giving them a choice.

  1. CONTACT INFORMATION

The Platform is owned and operated by Open Genie AI Inc., with a business address at 429 Lenox Ave. Miami, FL 33139. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].

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