OpenComp LLC Privacy Policy

Last revised: June 9, 2020


OpenComp LLC (“OpenComp” “we,” “us,” and “our”) process personal information through all website, online services that link to this Privacy Policy and our compensation benchmarking as a cloud-based service (collectively, our “Services”). This Privacy Policy explains how we collect, use, disclose, and otherwise process personal information in connection with our Services.

Please note that this Privacy Policy does not apply to our processing of information about employees or contractors.We may provide additional privacy policies where the scope of our processing of your personal information falls outside the scope of this Privacy Policy. In such cases, the additional privacy policy will govern how we may process the information you provide at that time.

1. Our Collection of Personal Information


When we use the term “personal information” in this Privacy Policy, 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, we collect Information about such transactions, including payment information and the transaction time, date, amount and the other parties involved.

  • 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.

  • Cookies and Other Data Collection Technologies. We and our service providers use cookies, pixels, scripts and similar technologies to manage the Services and to collect information about you and your use of the Services. These technologies help us to recognize you, customize or personalize your experience, advertise products or services to you and analyze the use of our Services to make them more useful to you. These technologies may also allow us to collect demographic and statistical data and provide this information to our service providers to help deliver their services. Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences. For information on how to do this, access the “help” menu on your internet browser, or access here. Please note, however, that disabling our cookies may mean that you will not be able to take full advantage of our Services.

  • Analytics Data. When you visit our online Services, we collect analytics data using third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy here. You can also view Google’s currently available opt-out options here.

 

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 social media site, such as LinkedIn, we may receive access to certain data and information from that site, such as your name, email address, profile picture and other information the social media site may provide to us. To learn more about the use of data collection technologies by social media sites, please visit each site’s privacy policy.

  • 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.

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 Terms of Service.

  • For any other lawful, legitimate business purpose.

3. Our Disclosure of Personal Information


We disclose personal information in the following ways:

  • Within OpenComp.We disclose personal information within OpenComp for purposes and uses that are consistent with this Privacy Policy. 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 informationwith 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.

  • 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 Terms of Service, 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 to certain other third-parties, including publicly, with your consent.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. 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 user name 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. 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:

Nevada Residents

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, but to submit a request to opt-out of potential future sales, please contact us at privacy@opencomp.com with sufficient information to identify you in our systems.

California Residents

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:

    • Identifiers;

    • California Customer Records Categories;

    • Protected Classification Characteristics;

      • Internet/Network Information;

      • Sensory Information;

      • Professional/Employment Information;

      • Commercial Information;

      • Other Personal Information; and

      • Inferences.


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 data 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. 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. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see the “Opting-Out of Personal Information ‘Sales’” section below.

    Provide sufficient information to allow us to reasonably verify your child is the person about whom we collected personal information and you are authorized to submit the request on your child’s behalf (i.e., that you are the child’s legal guardian or authorized representative).

  • Exercising California Consumer Rights. To exercise your Right to Know or your Right to Deletion, please submit a request by emailing privacy@opencomp.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 privacy@opencomp.com with the subject line “California Shine the Light Request” to be added to our suppression list.

 

Individuals Located in the EEA


If you are a located in the European Economic Area (“EEA”), this section describes how we collect, use, disclose and otherwise process your personal information, either online or offline, within the scope of the European General Data Protection Regulation (“GDPR”) and the rights that may be afforded to you under the GDPR. Please note, this Privacy Policy does not apply to the extent that Open Comp is delivering Services as a “processor,” as that term is defined under the GDPR, 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 Policy 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 data 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 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. If we conduct such transfer of information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will enter into contracts which are based on the EU Standard Contractual Clauses with these parties.

     

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 policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies 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 Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date at the top of the Policy and will post the updated Policy on this page. If we make material changes to this Policy, we will notify you by email to your registered email address, by prominent posting on this website or our online services, 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 Policy, please contact us at privacy@opencomp.com or by writing to us at:

 

OpenComp LLC
251 Post Street San Francisco, CA 94104

 

OpenComp Cookie Policy

 

Last Updated: June 9, 2020


Unless otherwise expressly stated, capitalized terms in this Notice have the same meaning as defined in the Privacy Policy.

1. Scope of Notice


This Cookie Notice supplements the information contained in the Privacy Policyby explaining how we and our business partners and services providers use cookies and related technologies in the course of managing and providing our online services and our communications to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases, we may use cookies and related technologies described in this Cookie Notice to collect personal information, or to collect information that becomes personal information if we combine it with other information. For more details about how we process your personal information, please review the Privacy Policy.

2. What Are Cookies and Related Technologies


Cookies are small data files that are stored on your computer that allow us and our third-party partners and providers to collect certain information about your interactions with our email communications, websites and other online services. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).

3. What We Collect When Using Cookies


We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications, websites and other online services. For example, we may collect log data about your device and its software, such as your
IP address, operating system, browser type, date/time of your visit, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure usage and activity trends for our online services and better understand our customer base. These third-party partners and providers may also collect personal information about your online activities over time and across different websites when you use our websites and online services.

4. How We Use That Information


We use or may use the data collected through cookies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our websites and online services; (b) provide and monitor the effectiveness of our websites and online services; (c) monitor online usage and activities of our websites and online services; (d) diagnose errors and problems with our websites and online services; (e) otherwise plan for and enhance our online services; and (f) facilitate the purposes identified in the Our Use of Personal Informationsection of our Privacy Policy. We and our advertising partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and services that may be of interest to you.

Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in our Privacy Policy.

 

5. Your Choices About Cookies


If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our online services, as some features and services on our online services may not work properly. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

You can learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy here. You can also view Google’s currently available opt-out options here.

6. Your Choices About Online Ads


We support the self-regulatory principles for online advertising published by the Digital Advertising Alliance (“DAA”). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found atwww.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at this link , or this link to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. If you are located in the EEA, you may use the European DAA’s opt-out tool located here. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.

If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions here.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services. It means that the online ads that you do see from DAA program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

7. Updates to This Cookie Notice


We will update this Cookie Notice from time to time. When we make changes to this Cookie Notice, we will change the "Last Updated" date at the beginning of this Notice. If we make material changes to this Notice, we will notify you by email to your registered email address, by prominent posting on this website or our online services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.

8. Contact Us


If you have any questions or requests in connection with this Cookie Notice or other privacy-related matters, please send an email to privacy@opencomp.com.
Alternatively, inquiries may be addressed to:

OpenComp LLC
251 Post Street
San Francisco, CA 94104