Privacy Policy

Last modified: May 20, 2020


  1. Privacy Overview

StormSource, LLC dba Opendock (“StormSource”, “we”, “us”, or “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy. This Privacy Policy describes StormSource’s privacy practices for visitors and users (“you” or “your”) of our website located at https://www.opendock.com (the “Website”) regardless of where you access it from, including any services, products, mobile applications, or other media forms related or connected there to which this Privacy Policy is posted (collectively, the “Services”). This Privacy Policy is intended to be read side by side with our Terms and Conditions made available at https://www.opendock.com/terms/ (“Terms”), which is incorporated herein by reference.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below in Section 10.

This Privacy Policy applies to information we collected: (i) on the Service; (ii) in email, text, and other electronic messages between you and the Service; and (iii) through mobile and desktop applications from the Service that references this Privacy Policy. It does not apply to information collected by: (i) us offline or through any other means, including on any other website operated by StormSource or any third party, including our affiliates and subsidiaries; or (ii) any third party, including our affiliates and subsidiaries, including through any application or content (including advertising and payment processing) that may link to or be accessible from or on our Service.

Please read this Privacy Policy, in addition to any other privacy notice or fair processing notice we may provide on specific occasions, carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Service. By accessing or using the Service, you agree to this Privacy Policy. If you are accepting this Privacy Policy on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Privacy Policy, in which case the terms “your” or “you” shall refer to such entity. This Privacy Policy may change from time to time. Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Visitors and Users Outside of the United States

For purposes of the European Union’s General Data Protection Regulation (“GDPR”), we act both as a “Controller” where we have direct control of your Personal Data and as a “Processor” where we may process your Personal Data on behalf of one of our customers (“Customer”). We act as a Controller for any of your Personal Data that is stored in your own account. However, if you are using the Service either (i) as an employee, contractor or other engagement of a Customer; or (ii) a person engaging with one of our Customers, then your interactions with respect to that Customer (including any associated Personal Data) are controlled by that Customer and we act as a Processor on their behalf.

If you reside in the EU, United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have legal rights with respect to your Personal Data, including those set forth under the GDPR.

If you are a non U.S. user of the Service, by access or using, in whole or in part, the Service and providing us with Personal Data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

  1. Children

Our Service is not intended for individuals under the age of 18 years. The Children’s Online Privacy Protection Act protects the online privacy of children under 13 years of age. No one under the age 13 may provide any information to or on the Service. We do not knowingly collect information from children under 13. If you are under 13, do not use or provide any information on or through the Service, through any of its features, attempt to register or contact us on the Website, use any of the interactive features of the Service, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@opendock.com.

  1. Collection of Information

We collect several types of information from and about visitors and users of our Service, including information that can be used to identify an individual (“Personal Data“). We may collect this information: (i) from you, either directly or indirectly, when you provided it to us; and (ii) automatically as you navigate through our Website and Service, which information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

The information we collect may include: (i) information that you provide by filling in forms on or through our Service, including without limitation, information provided at the time of registering to use our Website, subscribing to our Service, or requesting further services; (ii) records and copies of your correspondence (including email addresses), if you contact us; (iii) your responses to questionnaires or surveys that we might ask you to complete for research purposes; (iv) financial information, if any, provided on or through the Service; (v) your search queries through the Service; (vi) information we may ask you for when you report a problem with our Service; and (vii) optional information we may request that you provide, including without limitation, company annual revenues, number of employees, or industry.

You also may provide information: (i) to be published or displayed (hereinafter, “posted”) on public areas of the Service, including without limitation, bulletin board, blogs, or chatrooms; (ii) to be transmitted to other users of the Service or third parties; or (iii) relating to your customers, or that you authorize your customer to enter such information in the Service, to facilitate use of the Service (collectively, “User Contributions”). You maintain a wide array of options for the types of information to be entered concerning your customer base (i.e. names, email addresses, telephone numbers, account numbers, etc.). StormSource does not monitor the types of information of your User Contributions. Your User Contributions are posted on, transmitted to others, and stored at your own risk. Additionally, we cannot control the actions of other users or visitors of the Service with whom you may choose to share your User Contributions and such third parties may use your User Contribution to send you unsolicited messages. Please be aware that no security measures are perfect or impenetrable. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONAL DATA OF THEMSELVES OR THAT OF OTHERS.

You may elect to use our referral program to inform friends or others about our Website or Service. When using the referral program, we request the third party’s name and email address. StormSource will automatically send the third party a one-time email inviting him or her to visit our Website. StormSource does not store this information. By electing to use the referral program you represent that you have obtained the consent of the third party.

Like most service providers and website operators, StormSource may gather from visitors and users of the Service information of the sort that Web browsers, depending on their settings, may make available through automatic data collection technologies. That information may include your Internet Protocol (IP) address, communication data, traffic data, operating system, and browser type, while navigating and immediately after leaving the Service. Although such information is not Personal Data, it may be possible for StormSource to determine from an IP address your Internet service provider and the geographic location of your point of connectivity as well as other statistical usage data.

We also may use these technologies to collect information about your online activities over time. The information we collect automatically may include Personal Data. StormSource analyzes information gathered from visitors and users of the Service to improve our Service and to deliver a better and more personalized service, including by enabling us to: (i) estimate our audience size and usage patterns; (ii) store information about your preferences, allowing us to customize our Service to your individual interest; (iii) speed up your searches; and (iv) recognize you when you return to our Website. StormSource may release information gathered from the Service in the aggregate, such as by publishing a report on trends in the usage of the Service.

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

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. StormSource uses cookies to: (1) keep track of services you have used; (2) record registration information regarding your login name and password; (3) record your preferences; (4) keep you logged into the Service; and (5) track the pages that you visit during each Service session, both to help us improve users’ experiences and understand how the Service is being used. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Service or certain features of the Service may not function properly without aid of such cookies. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Service.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of the Service and our e-mails may contain web beacons. A
    “web beacon” (as referred to as clear gifs, pixel tags, and single-pixel gifs) is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. StormSource may use web beacons in conjunction with the Service and in emails to count users and visitors who have visited particular pages and viewed emails. Web beacons are not used to access Personal Data and will be used to compile aggregated statistics about Service usage. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.
  • Google Analytics. We use Google Analytics to help us understand how our people use our Service. You can read more about how Google uses your Personal Data here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://www.google.com/intl/en/policies/privacy/.

Mobile Device Additional Terms

  • Mobile Device. If you use a mobile device to access the Service, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
  • Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while using our Service, except that it may be possible for StormSource to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

We do not collect any “Special Categories” of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Third-Party Hosted Pages and Cookies

Some content or applications, including our payment processing, on the Service are served by third parties. These third parties may use cookies to collect information about you when you use our Service. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data. We do not control these third parties’ tracking technologies or how they may be used. We do not interact with such third parties’ cookies nor do they interact with our cookies. If you have any questions about targeted content, you should contact the responsible provider directly.

Do Not Track Notice

We do not track our users over time and across third party websites to provide targeted advertising and therefore we do not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, please set the DNT signal on your browser so that third parties know you do not want to be tracked.

  1. Use of Information Collected

We use information that we collect about you or that you provide to us, including any Personal Data, to: (i) present our Service and its contents to you and to other users; (ii) provide you with information, products, or services; (iii) fulfill any other purpose for which you provide it; (iv) provide you with notices about your account and the Service; (v) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (vi) notify you about changes to our Service, or any other products or service we offer or provide through it; (vii) allow you to participate in interactive features of the Service; (viii) use in any other way we may describe when you provide the information; and (ix) use for any other purpose with your consent.

If we need to use your Personal Data for any other purpose then as set forth in this Privacy Policy, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosure of Information Collected

We may disclose aggregated information about our visitors and users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this Privacy Policy: (i) to our subsidiaries and affiliates; (ii) to contractors, service providers, and other third parties we use to support our business, such as payment processing services, and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them; (iii) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of StormSource’s assets, including any pre-transactional negotiations related thereto, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by StormSource about our Service’s users is among the assets transferred; (iv) to fulfill the purpose for which you provide it; (v) for any other purpose disclosed by us when you provide the information; (vi) with your consent; (vii) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (viii) to enforce or apply our Terms and other agreements, including for billing and collection purposes; and (ix) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of StormSource, our users, or others, including without limitation, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

StormSource does not share, sell, rent, or trade any Personal Data with third parties for their promotional purposes.

  1. Accessing and Correcting Information

You can review and change your Personal Data by logging into the Service and visiting your account profile page. You may also send us an email at privacy@opendock.com to request access to, correct or delete any Personal Data that you have provided to us.

We may be unable to delete your Personal Data except by also deleting your account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Service, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other visitors or users of the Service. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms.

GDPR Access, Accuracy and Deletion Rights

StormSource acknowledges the rights of certain individuals located in European Economic Area Countries (“EEAS”) to access their Personal Data and other Personal Data to review, change, edit, and/or delete it. Where StormSource is acting as a “Controller” of Personal Data, we will provide you access to your Personal Data as required by GDPR and in accordance with applicable law. If we act as “Processor” with respect to your Personal Data, we will communicate your request to the appropriate data controller. Individuals located in an EEAS wanting to access their Personal Data may do so by contacting us at gdpr@opendock.com.

  1. Data Security and Retention

StormSource uses robust security measures to protect your information from unauthorized access, maintain data accuracy, and help ensure the appropriate use of information. When the Services are accessed using the Internet, StormSource utilizes Transport Layer Security (TLS) technology to protect information using both server authentication and data encryption. StormSource also implements other advanced technology measures to prevent interference or access from outside intruders. StormSource offers enhanced security features within the Services that permit users to configure security settings to the level they deem necessary, such as forced password changes and IP-restrictions.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password and/or username for access to certain parts of our Service, you are responsible for keeping such information confidential. We ask that you select a unique and secure password when setting up profiles in our Service and that you not to share your password or username with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of your information transmitted to our Service. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

  1. Telephone Monitoring

As part of StormSource customer service assurance practice, telephone conversations over phones may be monitored or recorded as a part of normal business operations. Monitored or recorded calls will be used for quality assurance and training purposes.

  1. Changes to this Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Website home page. If we make material changes to how we treat Personal Data, we will notify you by providing a notice on or through the Service. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

  1. Contacting Us

Questions regarding this Privacy Policy should be directed to StormSource Privacy by mailing to: StormSource, LLC, Attn: Privacy/Legal Department, 15300 N. 90th Street, Suite 100, Scottsdale, AZ 85260 or by email at privacy@opendock.com.

  1. EU-US and Swiss-US Privacy Shield Framework

StormSource complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union and Switzerland to the United States, respectively. StormSource has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. In cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the EU-US Privacy Shield or Swiss-US Privacy Shield, StormSource is potentially liable. In compliance with the EU-US and Swiss-US Privacy Shield Principles, StormSource commits to resolve complaints about your privacy and our collection or use of your Personal Data.

  1. Privacy Shield Dispute Resolution

StormSource participates in the Privacy Shield program and provides arbitration for disputes after consulting and negotiating with you, recognizing our mutual interests, attempt to reach a satisfactory solution. In the event a satisfactory solution cannot be formed within sixty (60) calendar days, arbitration will be used.

United States Dispute Resolution

Within the scope of this Privacy Policy for United States residents, if a privacy complaint or dispute cannot be resolved through StormSource’s internal processes, StormSource has agreed to participate in the VeraSafe Privacy Shield Dispute Resolution Procedure. Subject to the terms of the VeraSafe Privacy Shield Dispute Resolution Procedure, VeraSafe will provide appropriate recourse free of charge to you. To file a complaint with VeraSafe under the Privacy Shield Dispute Resolution Procedure, please submit the required information to VeraSafe here: https://www.verasafe.com/privacy-services/dispute-resolution/submit-dispute/

International Dispute Resolution

If you believe that StormSource is not processing your Personal Data in accordance with the requirements set out herein or applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country in which you live. We would, however, appreciate the chance to deal with your concerns before you approach the data protection authority so please contact us in the first instance.

In the event of any controversy or claim arising out of or relating to this Privacy Policy, or a breach thereof, StormSource shall consult and negotiate with you and, recognizing our mutual interests, attempt to reach a satisfactory solution. If we do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution in accordance with the provisions of its International Arbitration Rules and governed by the law of the State of Arizona. The number of arbitrators shall be one. The location of arbitration shall exclusively be in Maricopa County, Arizona, USA. The language of the arbitration shall be English.

 

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