Last revised: March 6, 2023
Thanks for visiting OpenComp. OpenComp, Inc. (“OpenComp” “we,” “us,” and “our”) provides human resources software and services.
This Privacy Notice explains how we collect, use, disclose, and otherwise process personal information that we collect from and about you in connection with our websites, our cloud-based compensation benchmarking application, and all associated content, features, functionalities, user interfaces, and applications we may offer (collectively, our “Services”). This Privacy Notice also describes certain legal rights you may have, subject to applicable law, and how you can exercise them.
Please note that this Privacy Notice does not apply to our processing of information about employees or contractors. We may provide additional privacy notices where the scope of our processing of your personal information falls outside the scope of this Privacy Notice. In such cases, the additional privacy notice will govern how we may process the information you provide at that time.
Please read this notice carefully. In addition, please review your Services Agreement which governs your use of the Services and any content you submit to us in connection with the Services.
1. Our Collection of Personal Information
When we use the term “personal information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. It does not include aggregated or de-identified information that is maintained in a form that is not reasonably capable of being associated with or linked to you.
We collect personal information when you voluntarily submit information to us or when you use our Services. We collect certain information automatically when you visit our websites or use our Services, and we may collect some information about you from third parties.
Personal Information You or Your Representative Provides
We collect the personal information you provide (about you and/or your employees) in connection with our Services in the following ways:
- Registration and Forms. If you register for our Services or otherwise provide information to us through any paper or electronic applications or other forms, we will collect your name, gender and email address, title, job title, username, password, photograph or avatar, payment information, your company name, company address, as well as information you provide about your company, including compensation, incentive, equity, expenses, and financing.
- Communications. If you correspond with us about our Services, either through the website, or via phone, email or in-person, we collect your name, contact information, information about your company and account, and any other information you choose to provide to us.
- Transactions. If you execute transactions through our Services including purchasing goods or services we may offer, we collect information about such transactions, including payment information and the transaction time, date, amount and the other parties involved.
- Participating in In-Person or Virtual Events. If you register for an in-person event we host or sponsor, we may collect details such as your name, contact information, and any specific information relevant to the event for which you are registering. We collect similar information if you register for a virtual event we host or sponsor. In addition, in order to enable live virtual events, we may stream video and audio feed of interactions between participants and features guests as well as the contents of any communications enabled by integrated chat functions within any third-party services, we may use to provide the events. This includes collecting your image, voice, movements, physical environment, and any other information provided during the event. From time to time, we may record special events and make those recordings accessible to others. If we do, we will indicate that the event is being recorded.
- Visiting our Facilities. If you visit our facilities, we may collect your name, contact information and a government-issued identification card, such as your driver’s license for security purposes.
- Job Applications. If you apply for a job with OpenComp, we will collect your name, contact information, demographic information, education and work history, work eligibility information and any other information you choose to provide. Eligible candidates may be asked to undergo a background check or other screening measures, which are facilitated by our third-party partners.
Information We Collect Online Automatically
As is true of most digital platforms, we collect certain personal information automatically when you visit our online Services, including:
- Log File Data. When you visit our online Services, we collect certain information about your device automatically and store it in log files, including information about your device used to access the websites, including your IP address, browser type, internet service provider, referring/exit pages, mobile device ID, device type, operating system and clickstream data. We use this information to monitor aggregate user metrics, analyze traffic patterns, diagnose and fix technology problems, plan for and enhance our Services, manage and administer content, and for fraud protection and to protect our rights and the rights and safety of individuals.
Information From Third Party Sources
We also obtain personal information from other sources, which we often combine with personal information we collect either automatically or directly from you. We receive the same categories of personal information as described above from the following sources and third parties:
- Single Sign-On. We use single sign-on to allow a user to enter login information from a third-party platform to access the Services. If you create or log into your account through a third-party authentication provider, such as LinkedIn, we may receive access to certain data and information from that provider, such as your name, email address, profile picture and other information the provider may provide to us. To learn more about the use of data collection technologies by third-party authentication providers, please visit each provider’s privacy notice.
- Third Party Services. When you interact with us through third-party services or platforms, such as interacting with our posts through social networks, we collect the information you have authorized the third party to share with us.
- Individuals Within Your Company. When your company registers a business account with us, we may collect information about you from your account administrator, including your name, email, job title or role, username, password, photographs or avatars, ownership of assets or stock, and any other information the administrator chooses to provide.
- Payment Processors. In general, when you purchase a subscription or other products or services from us, your payment card information is provided directly to a third-party payment processor and OpenComp does not collect or store that information. However, we may receive limited information such as the last four digits of your card, the country of issuance, and the expiration date.
We may combine the information we collect about you from these various sources. If a combination of information that we collect identifies you as an individual, we will treat the combined information as personal information.
2. Our Use of Personal Information
We use the personal information we collect to:
Provide Services. To create, maintain, improve, and provide the products and Services you request.
Manage the Business. Manage the day-to-day operation of the Services and the creation and maintenance of accounts.
Communications. To contact you, such as in response to your inquiries, comments or orders, to provide technical or administrative support or to let you know about new products, services or offers.
Personalization. To remember you and provide personalized content, information and user experiences.
Analyze and Improve Services. To monitor, enhance, and improve our Services, track our website usage, and monitor the effectiveness of our Service.
Fraud Prevention and Security. To prevent, investigate, and provide fraud notifications, unlawful or criminal activity, unauthorized access to or use of personal information, our data system services, and to meet governmental and institutional policy obligations.
Dispute Resolution. To investigate and resolve disputes and security issues and to enforce our rights under our Services Agreement.
For any other lawful purpose described to you at the time the information was collected.
3. Our Disclosure of Personal Information
We disclose personal information in the following ways:
Within OpenComp. We disclose personal information between and among any current or future parents, subsidiaries, affiliates, and other companies under common control and ownership with OpenComp. For example, we may disclose your contact information to process and fulfill your order for a particular Service that is owned or operated by an affiliated OpenComp entity.
Business Partners. We disclose personal information with our third-party partners, when such sharing is necessary to provide a service, you request.
Service Providers. We disclose personal information with our third-party vendors, consultants and other service providers that perform services on our behalf, which may include hosting services, administrative or business management services, analytics services, technology services (including web and mobile platforms, email communications providers and data storage providers) and payment processing services for any orders you may make.
Analytics and Advertising Partners. We allow certain third-party analytics and advertising tools to collect personal information, including your IP address, device identifiers, data about your use of our Services, and inferences about you based on such data. These tools help us measure traffic and usage trends on our Services and serve advertisements on our behalf across the internet. However, these third-party providers may combine the data they collect across multiple sites to improve analytics for their own purposes and others. If you live in certain U.S. states, you can opt out of this processing by clicking “My Privacy Choices” below.
Business Transaction or Reorganization. If OpenComp or some or all of our assets are acquired or otherwise transferred, or in the unlikely event that we go out of business or enter bankruptcy, the personal information of our users may be transferred to or acquired by a third party.
Legal Obligations and Rights. We may disclose personal information to third-parties, such as legal advisors and law enforcement to:
satisfy any applicable law, regulation, subpoena/court order, legal process or other government request;
enforce our Services Agreement including the investigation of potential violations thereof;
investigate and defend ourselves against any third-party claims or allegations;
protect against harm to the rights, property or safety of OpenComp, our users or the public as required or permitted by law; and
detect, prevent or otherwise address criminal (including fraud), security or technical issues.
Consent. We may disclose personal information about you with your consent and at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide that information. For example, if you post comments on our public blog, we share the information you provide, such as your name and the content you post, with the general public.
4. Children’s Personal Information
Our Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13 (or a higher age threshold, where applicable). If you are under the age of 13, please do not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 13, we will promptly delete that personal information.
5. Control Over Your Personal Information
You have some choices regarding how we use your personal information, including the following:
Online Advertising. We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use data collection technologies to understand how our website and Services are being used and to analyze your browsing history in order to deliver advertising relevant to your interests, as well as to provide advertising-related insights. These advertisements may appear on other websites or services, including through social media networks. These Ad Partners may be able to associate devices across third party websites or services over time and link various devices used by the same individual.
For more information about how Ad Partners use the information collected by these technologies and your options for restricting cookies placed by some of these Ad Partners, please visit the DAA’s opt-out page. The DAA’s opt-outs are device- and browser-specific and may not work on all devices. If you choose to opt-out through the DAA’s tools it does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.
Profile and Data Sharing Settings. If you have an account with us, you may update your profile information, such as your username and email address by logging into your account and modifying the information on your profile page or by contacting the account administrator at your company.
Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. Please be aware that it may take up to ten (10) days for us to process your request, and you may continue receiving promotional communications from us during that period. You may not opt out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
6. Region-Specific Disclosures
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
If you are a resident of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. We do not currently or have plans to sell personal information (as “sale” is defined under Nevada law), but to submit a request to opt-out of potential future sales, please contact us at firstname.lastname@example.org with sufficient information to identify you in our systems.
If you are a resident of the State of California in the United States, this section describes how we collect, use, disclose and otherwise process your personal information, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”) and the rights that may be afforded to you under the CCPA. OpenComp follows its clients' instructions in processing personal information for the business purposes of providing the Services.
Collection of Personal Information. In the last 12 months, we have collected the following categories of personal information:
California Customer Records Categories;
Protected Classification Characteristics;
Other Personal Information; and
For further details, see the “Our Collection of Personal Information” section above.
California Consumer Rights. As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected under the CCPA (subject to certain exemptions and limitations at law). The provisions below only apply to the extent your personal information is covered by the CCPA. Please note that to the extent the exercise of these rights limits our ability to process personal information, we may not be able to provide our Services to individuals who exercise these rights, or to otherwise engage with such individuals going forward. However, we will not discriminate against you for exercising your rights. In addition, your rights and choices may be limited in certain cases. For example, in some cases we may be required or allowed by law to keep certain personal information and may be unable to fulfill a deletion request.The Right to Know
You may have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
The specific pieces of personal information we have collected about you;
The categories of personal information we have collected about you;
The categories of sources of the personal information;
The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
The categories of personal information we have sold about you (if any) and the categories of third parties to whom the information was sold; and
The business or commercial purposes for collecting or, if applicable, selling personal information about you.
The Right to Request Deletion
You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
The Right to Opt-Out of Personal Information “Sales”
You may have the right to direct us not to “sell” personal information we have collected about you to third parties now or in the future.
The Right to Non-Discrimination
You may have the right not to receive discriminatory treatment for exercising these rights.
Note about “Sales”
OpenComp does not sell personal information as most people would typically understand that term. However, we do allow certain third-party advertising partners to collect information about consumers through our services for purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for ad fraud detection and reporting. We may receive services or a discount in exchange for permitting this data collection. For instance, in the last 12 months, we have “sold” data about users’ IP address, device identifiers, and their usage of our Services to third-party analytics and advertising vendors who may use this data to provide them with tailored advertising and for their own purpose. To direct OpenComp not to sell or share your personal information in this way, please click the “My Privacy Choices” link at the bottom of our site and select your preferences. Alternately, you can notify us of your preference by using the Global Privacy Control (GPC). If you notify us of your preference through GPC, we will honor your request with respect to the browser or device that sends us the GPC signal. If you are logged in, your preference will be associated with your account and if you log in from another device or browser, you will be automatically opted out. However, if you are not logged into your account, your request will only be associated with the browser you are currently using.
Exercising California Consumer Rights. To exercise your Right to Know or your Right to Deletion, please click the “My Privacy Choices” link at the bottom of our website or submit a request by emailing email@example.com with the subject line “California Rights Request.”
When submitting a request, please describe your relationship with us and your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account (if applicable).
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
Minor Children: If you wish to submit a verifiable consumer request on behalf of your minor child, you must:
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
California’s “Shine the Light” Law. At the time of this writing, we do not provide your personal information to third parties for their direct marketing purposes, as described in California’s "Shine the Light" law (Civil Code Section §1798.83). To opt-out of having your personal information disclosed to third parties for their direct marketing purposes in the future, please email us at firstname.lastname@example.org with the subject line “California Shine the Light Request” to be added to our suppression list.
Individuals Located in the EEA, UK, or Switzerland
If you are a located in the European Economic Area (“EEA”), United Kingdom (UK), or Switzerland, this section describes how we collect, use, disclose and otherwise process your personal information, either online or offline, and the rights that may be afforded to you under local laws where you reside.
Please note, this Privacy Notice does not apply to the extent that OpenComp is delivering Services as a “processor,” as that term is defined under the General Data Protection Regulation (GDPR) and similar data protection laws, in which the contractual terms and conditions between OpenComp and the “controller,” as that term is defined under the GDPR, shall govern its processing of personal information. In such cases, please contact the applicable controller to learn more about its privacy practices.
Where this Privacy Notice applies, the OpenComp entity that will be the “controller” of your Personal Data will be the entity that delivers the Services to you (or the company for whom you are working or have a business relationship) are receiving.
Legal Basis of Processing. The reasons and legal justifications for processing your personal information may differ depending on the purpose of the collection. Regularly we use your information for the following purposes and on the following legal grounds:
Contractual Services: We use your personal information in order to perform our contractual services or in preparation for a contract with you. If you order Services from OpenComp or if you contact us to request our Services, we use your personal information to provide to you the features and functionality of the Services.
Legitimate Interests: We use your personal information if justified by our legitimate interests. The usage of your information may also be necessary for our own business interests. For example, we may use some of your information to evaluate and review our business performance, create financial statements, improve our Services or to identify potential cyber security threats. If necessary, we may also use your information to pursue or defend ourselves against legal claims.
Consent: We use your personal information after obtaining your consent. In some cases, we may ask you to grant us separate consent to use your information. You are free to deny your consent and the denial will have no negative consequences for you. You are free to withdraw your consent at any time with effect for the future. If you have granted us consent to use your information, we will use it only for the purposes specified in the consent form.
Legal Obligations: We use your personal information to comply with legal obligations. We are obligated to retain certain information because of legal requirements, for example, tax or commercial laws.
We do not use your personal information for automated individual decision-making.
Data Subject Rights. If you are located in the EEA, you may be able to exercise the following rights in relation to the personal information about you that we have collected, subject to certain exemptions and limitations at law. The provisions below only apply to the extent your personal information is covered by the GDPR. Please note that to the extent the exercise of these rights limits our ability to process personal information, we may not be able to provide our Services to individuals who exercise these rights, or to otherwise engage with such individuals going forward. In addition, your rights and choices may be limited in certain cases. For example, in some cases we may be required or allowed by law to keep certain personal information and may be unable to fulfill an erasure request.
The Right of Access
You have the right to obtain access to your personal information.
The Right to Rectification
You have the right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
The Right to Erasure
You may have the right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
The Right to Restriction
You may have the right to obtain restriction of the processing undertaken by us on your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
The Right to Portability
You have the right to portability which allows you to move, copy or transfer personal information easily from one organization to another.
The Right to Object
YOU HAVE THE RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO MARKETING ACTIVITIES FOR WHATEVER REASON WHATSOEVER.
If you wish to exercise one of these rights, please contact us using the contact details below.
You also have the right to lodge a complaint with a data protection authority. Further information about how to contact your local data protection authority is available here.
Data Retention. We will store personal information for as long as necessary to fulfill the purposes for which we collect the personal information, in accordance with our legal obligations and legitimate business interests. Information on performed business transactions will be blocked from general access within a reasonable timeframe after completion of the transaction and deleted once statutory retention requirements expire. For example, national commercial or financial codes may require to retain certain information for up to 10 years.
International Data Transfers. All transactions relating to our Services shall be deemed to have occurred in the United States, where we currently have all of our personnel and operations. Your information collected through the Services may be stored and processed in the United States or any other country in which OpenComp or our subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union, UK, Switzerland, or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
Some of these countries have received a European Commission adequacy decision, For other countries, we take measures such as entering into written agreements with the relevant third party to ensure your personal information is protected. In most cases, our legal bases for processing and transferring your personal information is to fulfil a contract with you, generally to provide the Services you have requested, whether free or paid.
7. Links to Third-Party Websites and Services
The Services may contain links to and from third-party websites of our business partners, advertisers, and social media sites and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy notices and that we do not accept any responsibility or liability for their practices. We strongly recommend that you read their privacy notices and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.
8. Updates to this Policy
We may update this Privacy Notice from time to time. If we make any changes, we will change the “Last Updated” date at the top of the notice and will post the updated Privacy Notice on this page. If we make material changes to this notice, we will notify you by email to your email address on file (if we have it), by prominent posting on this website, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.
9. Contact Us
If you have any questions about this Privacy Notice, please contact us at email@example.com or by writing to us at:
2590 Welton St Ste. 200 #1070
Denver, CO 80205