OpenMind Privacy Policy

Last updated on April 10, 2019.

Welcome to the Privacy Policy of OpenMind Platform, Inc., (“Company”, “we”, “us” or “our”). We are committed to protecting your personal information, and this Privacy Policy sets out the framework as to how, when and why we collect and use personal information and other information about you in the course of your visit to or use of our USA-based website (“Services”). When we use the term “personal information” in this Privacy Policy, it means information that is about you and which identifies you as an individual person. This Privacy Policy describes the personal information that we collect, how we obtain it, who is responsible for it when we provide our services or our digital collectible products known as “Terras” (“Services”), how we use it, who we may disclose it to, and your rights in relation to removing, correcting or updating your personal information, or suspending its use. If you are a visitor to our Services from outside the USA, please be aware that you may be transferring your personal data to the USA, and that the laws in the USA governing privacy may be different than those in your home country. This Privacy Policy as modified from time-to-time, together with Company’s Services Terms of Use (“Terms”), creates a binding legal agreement between Company and you, and by accessing or using our Services in any way, you agree and consent without qualification to the Terms and this Privacy Policy.

1. Collection of Personal Information. Some of the personal information collected by us is required for registration or business interaction purposes, and other information is voluntarily given by you when you interact with our Services. The type of personal information that Company may collect and store may include without limitation the following:

  • Your full name
  • Your physical address
  • Your telephone number
  • Your email address
  • Your areas of Services interest or Services preferences
  • Any other information relating to you that you may provide to us

We collect information when you provide it to us, such as when you “contact us” by email or otherwise, or when you register to do business with us. We may also collect certain information automatically when you use our Services, such as the IP addresses and domain names of visitors, type or name of browser, page view history and other usage information about your use of our Services. We may collect this information for website administration and statistical purposes in order to help us improve our Services and create a better experience for all our customers. Please note, however, that we do not collect what some jurisdictions deem “sensitive data”, such as racial, ethnic or health data or an individual’s date of birth.

2. DATA CONTROLLER FOR PERSONAL INFORMATION

For the purpose of certain data protection laws that require designation of a “data controller”, Company is the data controller for the personal information that we collect and use hereunder. Company is the party who determines the purpose for which your personal information is used and how we store and use it.

3. USE OF PERSONAL INFORMATION

We collect personal information for the purposes set forth in the table below. Also described below is the legal rationale or basis (as required by some data protection laws) that we rely on to justify those uses of your personal information.

PURPOSES OF OUR COLLECTION: LEGAL BASES FOR SUCH COLLECTION:
To provide our Services to you For our legitimate and customary business purposes and, in certain circumstances, to facilitate, develop and perform a contract between you and Company
To register individuals for Services use or use of the Services For our legitimate and customary business purposes and, in certain circumstances, to facilitate, develop and perform a contract between you and Company
To administer and improve the Services; For our legitimate and customary business purposes
To send you information about Services that may be of interest to you based on your preferences For our legitimate and customary business purposes
To prevent and detect fraud, or enforce our legal rights For our legitimate and customary business purposes

 4. PURPOSES OF COLLECTION

Legal basis for our collection: To provide our Services to you; For our legitimate and customary business purposes and, in certain circumstances, to facilitate, develop and perform a contract between you and Company; to register individuals for Services use or use of the Services;  to administer and improve the Services; to send you information about Services that may be of interest to you based on your preferences; to prevent and detect fraud, or enforce our legal rights; or for our legitimate and customary business purposes.

 5. SHARING INFORMATION 

Company may share some of your personal information with third parties, such as Services operators or technicians, contracted to assist us in providing services to you or to effectuate any of the purposes set forth in the table above. Such third party service providers are precluded in their contracts with Company from using your personal information for any purpose other than to provide assistance to us in relation to this Services, and are required in their respective contracts with us to protect personal information disclosed by us, to respect the privacy principles described in this Privacy Policy, and to comply with all applicable laws. We also may disclose and/or transfer personal information to a third party in the event of a proposed purchase, sale, merger, financing, restructuring or similar type of transaction involving Company, or to professional advisors of Company, such as accountants, lawyers or insurance brokers or underwriters. We reserve the right to disclose and/or transfer personal information to a third party if required by law or pursuant to a court order or subpoena, or if necessary in Company’s reasonable opinion to identify someone in order to enforce Company’s legal rights. We may disclose aggregated information which is not personal information by nature to our business partners, investors, advertisers or other third parties. However, Company will not disclose personal information to third parties for their direct marketing purposes.

6. REMOVING, CORRECTING OR UPDATING INFORMATION

If for whatever reason you wish to remove, correct or update personal information obtained by Company, or if you wish to correct or update an address or other personal information, we will endeavor to correct, update or remove your personal information. The following table sets forth a summary of your personal information rights, and who you should contact at Company in order to exercise them.

RIGHTS SUMMARY: COMPANY CONTACT:
Right to access your personal information You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. We may, however, require additional information in order to verify your identity and contact information, or allow us to locate the specific information requested. info@openmindplatform.org
Right to correct your personal information You have the right to ask us to correct any of your personal information that we hold where it is incorrect or incomplete. info@openmindplatform.org
Right to delete your personal information You have the right to ask that your personal information be deleted in certain circumstances, such as when your personal information is no longer necessary in relation to the purposes for which they were collected, or if you object to the use of your personal information, or if we have used your personal information improperly. info@openmindplatform.org
Right to suspend use of your personal information You have the right to suspend our use of your personal information in certain circumstances, such as when you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information. info@openmindplatform.org
Right to data portability You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organization, when it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated electronic means. info@openmindplatform.org
Right to object to the use of your personal information You have the right to object to the use of your personal information in certain circumstances, such as when you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party). info@openmindplatform.org
Right to withdraw consent You have the right to withdraw your consent at any time when we rely on consent to use your personal information. info@openmindplatform.org
Right to complain to the relevant data protection authority You have the right to complain to the relevant data protection authority when you think we have not used your personal information in accordance with the applicable privacy laws. (please find your National Data Protection Authority online via this link)

 7. RETENTION OF INFORMATION

We will keep your personal information for the period of time that you are a registered user on the Services, and for TEN (10) years after you cancel your registration.

 8. SECURITY

The security and protection of your personal information is important to us. Company and its service providers use reasonable security procedures and practices to prevent unauthorized access to your personal information, and its unauthorized use, disclosure or destruction. However, internet communications or transmissions are not totally secure, and you transmit your personal information to us at your own risk. Company does not and cannot warrant total security. Our Services may contain links to website of independent third parties, and in such event your use of such website is at your own risk, and you should review their respective terms and conditions and privacy policies (including their terms governing security) prior to use.

 9. CHILDREN

Children under the age of 16 require a legal guardian’s consent to use the service.

 10. USE OF COOKIES.

A cookie is a small electronic file placed in your computer by a website when you visit that website. It is designed to help manage that website’s use. Cookies can also store certain preference information to help customize your website experience. Cookies help us understand how consumers use our Services so we can design better services in the future. Web browsers can be adjusted to disable cookies. However, Company may not be able to provide you with all the functionality you desire on the Services if you choose to disable them. You may also remove cookies from your browser. Please refer to your browser’s help menu for instructions. If you need assistance from Company, please contact us at info@openmindplatform.org.

11. CALIFORNIA PROVISIONS.

California has special legal provisions that may apply to tracking on websites. Company confirms that it will respect “do not track” signals from customer browser settings, as requested by applicable state law.

 12. QUESTIONS

If you have questions, concerns or complaints about our Services or this Privacy Policy, please contact Company’s Legal Department by email at info@openmindplatform.org, or by mail at 29 Washington Square West, Apt 10A, New York NY 10011. You may make an anonymous communication in relation to our Services or this Privacy Policy, but we may require you to identify yourself if that is required by law or if it is reasonably necessary in order to deal with your matter otherwise. We will acknowledge receipt of any complaint within FIVE (5) business days and will endeavor to provide you with a written response within THIRTY (30) days of receipt of your complaint. There may be instances where this is not possible due to the nature of the complaint, and in that event, we will respond to your complaint within a reasonable and practical time. 

 13. MODIFICATIONS

Company reserves the right, at its sole discretion, to modify at any time this Privacy Policy or any portions thereof. In the event of any such modification(s), Company will inform you by posting the revised Privacy Policy on this Services, and setting out the effective date. Those modifications will go into effect on the effective date stated. By continuing to use this Services or any of the Services after the effective date, you accept unconditionally and agree to all such changes in the revised Privacy Policy or provisions. If you do not agree to such changes, you must discontinue use of the Services and this Services as your sole remedy.