Privacy Policy — Open Culture

1. Acceptance of Privacy Policy

Open Culture Science, Inc., together with its affiliates, agents, and licensees (collectively “we,” “us,” or “our”), offers you access to its interactive online websites, applications, and services. This Privacy Policy explains what information may be collected when you access this website (“Website”) or use any of our software applications (“Applications”), how we and others use this information, under what circumstances we may disclose the information to third parties, and the instances in which we may allow third parties to collect information directly. Depending on your activities when using or accessing our Website or Applications (collectively, “Services”), you may from time-to-time be required to agree to additional terms and conditions. This Privacy Policy applies regardless of whether you use our Services via a computer, mobile device, or other platform (collectively, your “Equipment”).

By accessing or using Website and Applications and various related websites and services (collectively, our “Services”), you agree to be bound by this Privacy Policy and all of the terms incorporated herein by reference. By using our Services and/or submitting or collecting any personal data via our Services, you accept and expressly consent and agree to our practices surrounding the collection, use, and sharing of your personal information in accordance with this Privacy Policy. IF YOU DO NOT CONSENT AND AGREE WITH THE TERMS OF THIS PRIVACY POLICY, YOU CANNOT, AND WE DO NOT AUTHORIZE YOU TO, ACCESS, BROWSE, OR USE OUR SERVICES.

Our processing of personal information, such as your name, address, e-mail address, or telephone number, will be undertaken consistent with the requirements of applicable privacy laws, including, but not limited to, the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), the Virginia Consumer Data Protection Act of 2021, the Colorado Privacy Act of 2021, the Utah Consumer Privacy Act of 2022, the Indiana Consumer Data Protection Act of 2023, the Iowa Consumer Data Protection Act of 2023, the Montana Consumer Data Privacy Act of 2023, the Oregon Consumer Privacy Act of 2023, the Tennessee Information Protection Act of 2023, the Texas Data Privacy and Security Act of 2023, the EU General Data Protection Regulation (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”), and the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”).

Please note that this policy does not apply to information that we collect about you offline, including when you telephone, provide us information at events, etc.

3. Information We May Collect About You

We may collect, use, store or transfer various different kinds of information from you, about you or about your Equipment when you use our Services, which information may include:

Contact information such as your name, mailing or delivery address, email address, telephone number, or similar contact information.
Unique identifiers including online identifier, IP address, mobile device identifiers, username, or similar identifier.
Financial information such as your billing address, credit card information, and other payment-related information.
Commercial information including details of our products and services (including apps) that you have purchased, obtained, or considered.
Internet or other similar network activity including your browsing history, search history, information about your interactions with our websites, applications, or advertisements.
Technical information such as your internet protocol (IP) address, your login data, browser type and version, time zone setting, location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Services.
Profile information such as your username and password, purchases or orders made by you, your interests, preferences, feedback, product reviews, survey responses, and other similar information.
Usage information including information about how you use our websites, apps, products, and services.
Marketing and communications information such as your preferences in receiving marketing from us and your communication preferences.

Some of the information we collect about you may be personal information that can be used to identify you including – for example, your name, email address, mailing address or delivery address. In some jurisdictions, certain unique identifiers like IP addresses and other usage or technical information may be considered personal information. However, in no instance does personal information include data where your identity has been removed so that we can no longer identify you (anonymous data), which we may use for any purpose.

4. How We Collect Your Information

We may collect information from you in different ways and from different places, including:

You provide it to us directly. You may give us information about you by filling in forms or by communicating with us by text, e-mail, or otherwise. This includes information you provide when you create an account, purchase, and use our products and services, complete a survey, provide feedback, report a problem, or otherwise contact us about our Services, or provide information to be published or displayed on public areas of our Services or transmitted to others.
We automatically collect using technology from our websites, applications, and emails. As you interact with our Services, we may automatically collect technical data about your Equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, web beacons, and other similar technologies (see Cookies and Automatic Data Collection Technologies).
From other places. We may receive information about you from other companies and individuals including, for example, business partners, subcontractors, advertising networks, social network platforms, analytics providers, and service providers. We may also receive information about you from other users if, for example, another user purchases one of our services on your behalf or provides us your email address to receive a discount.

5. Cookies and Automatic Data Collection Technologies

We may use automatic data collection technologies when you visit our Website, App, view our advertisements, or use our Services. For example, we may use cookies to distinguish you from other users of the Services to help us deliver a better and more personalized service when you use our Services. It also allows us to improve our Services by enabling us to:

Estimate our audience size and usage patterns.
Store your preferences so that we may customize our Services according to your individual interests.
Speed up your searches.
Recognize you when you return to our Services.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. For more information, see Interest-Based Advertising.

The technologies we use for this automatic data collection may include, among others:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. For information about managing browser settings to refuse cookies, see Your Rights and Choices.
Flash Cookies. Certain features of our Services may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on the Services. For information about managing Flash cookies see Your Rights and Choices.
Web Beacons. Our Services pages and e-mails may contain small transparent embedded images or objects known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording Services content popularity or verifying system and server integrity.
Mobile Device Identifiers: Mobile device identifiers help us learn more about our users’ demographics and Internet behaviors in order to personalize and improve our Services. Mobile device identifiers are data stored on mobile devices that may track activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address, and location) and Traffic Data.

Some web browsers (including Safari, Internet Explorer, Firefox, and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to web services that a visitor does not want to have their online activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the web service operator may refrain from collecting certain personal information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many web service operators, including us, do not proactively respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

New standards are being developed for a Universal Opt-Out Mechanism, such as the Global Privacy Control (GPC), which allow users with GPC-enabled browsers and devices to send a signal that will communicate the user’s request to opt-out of sales of their personal information and to opt-out of certain sharing of their personal information. The CPRA and other laws allow for the acceptance of Opt-Out Preference Signals such as the GPC, as an option for users to transmit an Opt-Out of selling/sharing personal information. If we detect and recognize such a signal from your device or browser, we will honor it.

6. How We Use Your Information

We may use your information to provide you with products, offer you services, communicate with you, deliver advertising and marketing, or to conduct other business operations, such as using information to improve and personalize your experiences. Examples of how we may use the information we collect include:

Send you products or to provide you with services that you have ordered, including to process payments and provide you updates about the status of your order.
Manage our relationship with you which may include notifying you about changes to our Services, terms or privacy policy, or products or services, providing you notices about your account, asking you to provide feedback or take a survey, or addressing any concerns you may have about our products or services.
Deliver relevant content, advertisements, and messaging to you and to measure or understand the effectiveness of such content, advertisements, and messaging.
To respond to your requests from us or to fulfill any other purpose for which you provide it.
Use data analytics to improve our Services, products or services, marketing, customer relationships, and experiences.
Carry out our obligations and enforce our rights.
In any other way we may describe when you provide the information.

7. Disclosure of Your Information

We may share information that does not identify you without restriction. We may disclose personal information as follows:

To our contractors, service providers, and other third parties we use to support our business and who are obligated to keep personal information confidential and use it only for the purpose for which we disclose it to them.
With your consent.
For any other purposes that we disclose when you provide the information.
To fulfill the purpose for which you provide it.
To an actual or prospective buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, where one of the transferred assets is the personal information we hold.

We may also disclose personal information to others:

To comply with any court order, law, or legal process, including responding to any government or regulatory request.
To enforce or apply our terms of use or other agreements including for bill and collections purposes.
To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection and credit risk reduction.
To investigate suspected violations of any law, rule or regulation, or the terms or policies for our Services.

8. Children’s Online Privacy

We do not direct our websites or services to minors, and we do not knowingly collect personal information from children under 16. If you are under 13, do not use or provide any information through the Services. If we learn we have collected or received personal information from a child under 16 without appropriate consent, we will delete it. If you believe we might have any information from or about a child under 13 please contact us at Privacy@openculture.ai.

9. Interest-Based Advertising

Our Services may integrate technology of third-party advertising networks (“Ad Networks”) that allows for the recognition of your Equipment and the collection of information about the browsing, searching and other activities of you or anyone else using your Equipment. This information is then used to send you advertisements for products and services that are more likely to be of interest to you. For more information on how this type of advertising works, go to www.aboutads.info.

To enable interest-based advertising across your Equipment and software, we may also share data, such as technical identifiers derived from your registration information on our Services or our CRM system, with these Ad Networks. This allows them to link your Equipment, browser, etc. and to better identify you across different environments.

If you do not wish to participate in interest-based advertising via Ad Networks, you may opt-out by visiting and following the instructions set forth at either: (1) the Digital Advertising Alliance’s website (www.aboutads.info); or (2) the Network Advertising Initiative’s website (www.networkadvertising.org/choices). A couple of important notes about these opt-out tool: (i) it includes all the advertising networks that we may work with, but also many that we do not work with; and (ii) it may rely on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”) – an explanation of how Opt-out Cookies work can be found on www.aboutads.info. Therefore, if you use different Equipment, change web browser, or delete these Opt-out Cookies, you will need to perform the opt-out task again.

Finally, please note that certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for interest-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether or not that reflects your preference. Unfortunately, given how preference-based advertising works, DNT Notices may not be effective in communicating your preferences. For this and a variety of other reasons, with respect to our Services, we do not take any action based on browser based DNT Notices. Rather, if you do not wish to participate in interest-based advertising activities, you should follow the simple opt-out process identified above.

Please note that we do not control third parties’ collection or use of your information to serve Interest-Based Advertising. These third parties may provide you with ways to choose not to have your information collected or used in this way.

Our Services may integrate social network plugins, include links to third-party websites or services, or provide you the opportunity to post content. Please keep the following in mind:

Social Networks. Our websites may make available the option for you to use “plugins” that are operated by social media companies. If you choose to use one of these plugins, then it may collect information about you and send it back to the social media company that owns it. This may happen even if you do not click on the plugin, if you are logged into the social media website that owns the plugin when you access our Services. Information collected by a plugin is subject to the privacy policy and terms of the social media company that owns it. If you do not want the applicable social media company to collect information about you when you use our Services, sign out of the social media network before visiting. By interacting with a plugin when you use our Services (for example, clicking the Facebook “Like” button), you are knowingly transferring information to that social media company. Further, if you are logged into a social media website when you visit our websites, then you are directing us to share your data with the social media company that owns the plugin.
Third-party links. Our Services may link to or contain links to third-party websites that we do not control or maintain, such as in connection with purchasing products we may recommend or reference via our Services and/or advertisements you may see while using our Services. We are not responsible for the privacy practices employed by any third-party website. We encourage you to read the privacy statements of all third-party websites before submitting any personally identifiable information through these websites.
Forums. We may offer chat rooms, blogs, message boards, or similar public forums where you and other users of our Services can share information and communicate – e.g., places where you can post your resume and/or profile. The protections described in this Privacy Policy do not apply when you post information (including personal information) to these forums. And we may use personal information to identify you with a post on any such forum. Any information you share with or on these forums is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Services.

11. Your Rights and Choices

You can choose whether or not to provide personal information through our Services. We will not discriminate against you for exercising any of your rights relating to your personal information and will not (1) deny you goods or services, (2) provide you with a different level or quality of services, or (3) charge you different prices for services for doing so.

Your rights may vary depending on where you are located. We have created mechanisms to provide you with the following control over your information:

Marketing. If you do not want us to use your email address or other contact information to promote or recommend our own products and services, or third parties’ products or services, you can opt-out by checking the relevant box located on the form where we collect your contact information or, if presented with the option to opt-in, do not opt-in. If you have an account with our Services, you may be able to log in and check or uncheck relevant boxes. If you do not have an account, you can adjust your preferences by contacting us as set forth below in the Contact Us section. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out generally will not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
Accessing, updating, and deleting your information. If you have an account with us, you may have the ability to access your information and make updates to or delete your data. If not, you can contact us as set forth in the Contact Us section below to request access to, correction of, or deletion of any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.
Location Information. When you use our Services, particularly our Application(s), we may automatically collect certain Equipment (mobile device) specific information. This includes the general or specific location of your Equipment through GPS, Bluetooth, or WiFi signals. Before we collect or send location-specific information, it is our practice to ask for your consent. In some instances, your operating system may not allow you to install an Application without giving us consent. In all instances, you may withdraw your consent by disabling location features for your Equipment.
Cookies and automatic data collection technologies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. Flash cookies are not managed by the same browser settings used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. However, if you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly.
Interest Based Advertising. Please see Interest-Based Advertising above for information on how to opt-out of interest-based advertising.

12. Your California Privacy Rights

If you are a California resident, you may have additional personal rights and choices with regard to your personal information.

Purposes for Collection, Use, and Sharing

We use and disclose the personal information we collect for our commercial purposes, as further described in this Privacy Policy, including for our business purposes with our partners and service providers as follows:

Legal compliance and auditing related to our interactions with you.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and exercising our related rights.
Performing and improving our services (by us or our service provider(s)).
Internal operations.
Other one-time or short-term uses.

Your Rights

If you are a California resident you may have the following rights under the CCPA/CPRA in relation to personal information we have collected about you, to the extent required by the CCPA/CPRA and subject to verification:

Right to Know/Access: The right to request certain information about our collection and use of personal information about you as described below: the specific pieces of your personal information collected; the categories of your personal information collected; the categories of sources from whom your personal information is collected; the purpose for collecting your personal information; and the categories of third parties with whom we have shared your personal information.
Right to Delete: The right to request that we delete certain personal information we have about you.
Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of your privacy rights.
Right to Correct: You have the right to request that we correct inaccurate personal information regarding the information you provide us.
Right to Restrict the Use of Sensitive Personal Information: You have the right to restrict the use of your sensitive personal information.
Right to Access Information on Automated Decision-Making: You have the right to access information collected through automated decision-making. Additionally, you can opt-out of our use of automated decision-making related to your personal information.

To make a request in relation to the above rights, please contact us using the information in Section 18 below. To fulfil your request, we will need to verify your identity. Only you or someone legally authorized to act on your behalf may make a request related to your personal information. To designate an authorized agent, the authorized agent must provide sufficient information that allows us to reasonably verify that you authorize them to act on your behalf.

Please send any requests you may have in this regard in writing to the address provided in Section 18 below. In your request, please attest to the fact that you are a California resident and provide a current California address for our response.

13. Financial Incentives Notice

From time to time, we may offer coupons or other price reductions for our products and services in exchange for your enrolling in email updates, newsletter delivery, contests, or similar services we provide to communicate with you. To provide these services, we utilize the identifiers you have provided to us and may use the details from your commercial relationship with us (from your commercial information). Specific portions of our website may provide financial incentives. To receive these financial incentives (or opt in), you will be asked to provide personal information through an online form, contest submission, or via social media.
To opt out of the financial incentives, please follow the applicable steps identified in “Your Rights and Choices” section of this Privacy Policy. If you opt out, we will not reduce the value of any financial incentives you previously received from us. We do not assign a monetary value to the data that we collect and strive to only use that information to further our business in accordance with our Privacy Policy; to the extent that we are required to assign a monetary value to your personal information it is equal to the value of the discount or financial incentive that we have provided to you, if any.

14. How Long We Retain Your Information

We retain personal information about you for as long as necessary to provide you our Services. In some cases, we retain personal information for longer, if doing so is necessary to comply with our legal obligations, or as otherwise permitted by applicable law. Afterwards, we retain some information in a de-identified and/or aggregated form but not in a way that would identify you personally.

15. Data Security

The security of your information is very important to us. We have implemented industry standard measures intended to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We use physical, electronic, and administrative safeguards designed to protect your information from loss, misuse and unauthorized access, use, alteration, or disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Applications. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Applications.

16. Third Party Web Services

Our Services may contain links or content from third party websites. A link or content from a third-party website does not mean we endorse that website, the accuracy of information presented, or the persons or entities associated with that website. If you visit a third-party website, you are subject to the privacy policy of the applicable third party and we are not responsible for the policies and/or practices of any third party. We encourage you to ask questions before you disclose your information to others.

17. Changes to our Privacy Policy

We will post any changes we may make to our Privacy Policy on this page. If any change materially alters how we use or treat your personal information we will notify you by email to the primary email address specified in your account and/or through a notice posted on our Website or Application. The date the privacy policy was last revised is identified at the top of the page. Please check back frequently to see any updates or changes to our Privacy Policy. Your continued use of our Services after the effective date of any amendment to this Privacy Policy constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING OUR SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

18. Contact Us

The data controller for the purposes of GDPR, UK GDPR, PIPEDA or other data protection laws is Open Culture Science. If you have any comments or questions about our privacy policy, or to exercise the specified rights above, you may contact using the Contact Us page on the Website or at:

Open Culture Science, Inc.
2801 Mission Street, Suite 276
Santa Cruz, CA 95060-5755

Email: Privacy@openculture.ai

We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Services.

19. Sole Statement

This Privacy Policy as posted in this Website or Application is the sole statement of our privacy practices with respect to this Website or Application. No summary, modification, restatement or other version of this Privacy Policy, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to this Website or Application.