Last updated: April 20, 2023

Privacy Policy

OpenYield Inc. and OpenYield Trading LLC (collectively, “OpenYield,” “we,” “our,” and/or “us”) value the privacy of individuals who use our websites, and related services (collectively, our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and disclose information from users of our Services (“Users,” “you,” and/or “your”) in order to facilitate access to our Services and continue to improve our Services. If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), “information” means any information relating to an identified or identifiable individual. By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond the Privacy Policy, your use of our Services is also subject to our Terms of Service. 

 

Information We Collect

We may collect a variety of information from or about you or your devices from various sources, as described below.

A. Information You Provide to Us.

Registration and Profile Information. When you or your company sign up for an account, register to use our Services, sign up for notifications or updates, or request information, we may ask you to provide information such as your name, tax ID, address, date of birth and email address. 

Communications. If you contact us directly, we may receive additional information about you, such as your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you subscribe to our marketing communications, then we will collect certain information from you, such as your name and email address. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services.

Careers. If you decide that you wish to apply for a job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide on your resume, such as your education and employment experience. You may also apply through LinkedIn. If you do so, we will collect the information you make available to us on LinkedIn. 

B. Information We Collect When You Use Our Services. 

Location Information. When you use our Services, we may receive your precise location information. We also infer your general location information, for example by using your internet protocol (IP) address. 

Device Information. We receive information about the device and software you use to access our Services, including IP address, web browser type, operating system version, carrier and manufacturer, application installations, device identifiers, advertising identifiers, and relevant push notification tokens. 

Usage Information. To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like the pages or other content you view, the searches you conduct, any content you post, and the dates and times of your visits. 

Information from Cookies and Similar Technologies. 
We and our third-party partners may collect information using cookies, which are small files of letters and numbers that we may store on your browser or the hard drive of your computer.  You should understand that some features of our Services may not function properly if you do not accept cookies.  Where required by applicable law, you will be asked to consent to certain cookies and similar technologies before we use or install them on your computer or other device. 

C. Information We Receive from Third Parties. 

Partners. We may receive personal information about you from third parties such as data or marketing partners and combine it with other personal information we have about you.‍

Background Checks. We work with third-party partners to perform background checks on certain control persons and receive publicly available information such as that necessary to verify your identity and other information that may be required for regulatory purposes.

Integrated Third-Party Platforms. We may receive additional personal information about you in connection with your use of our Services from third-party enterprise software platforms that are integrated into our Services, such as Computerized Maintenance Management Software (CMMS).‍

 

How We Use the Information We Collect

We use the information we collect:

  • To provide, maintain, improve, and enhance our Services;

  • To personalize your experience on our Services such as by providing tailored content and recommendations; 

  • To understand and analyze how you use our Services and develop new products, services, features, and functionality;

  • To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;

  • To facilitate the connection of third party services or applications;

  • For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable or otherwise of interest to you;

  • To generate anonymized, aggregate data containing only de-identified, non-personal information that we may use for any lawful purpose;

  • To send you text messages, emails, and push notifications;

  • To facilitate transactions and payments;

  • To find and prevent fraud and abuse, and respond to trust and safety issues that may arise; 

  • For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and

  • For other purposes for which we provide specific notice at the time the information is collected.

 

Legal Bases For Processing European Information

If you are located in the European Economic Area or the United Kingdom, we only process your information when we have a valid “legal basis,” including as set forth below.

  • Consent.  We may process your information where you have consented to certain processing of your information.  For example, we may process your information to use Cookies where you have consented to such use.

  • Contractual Necessity.  We may process your information where required to provide you with our Services.  For example, we may need to process your information to respond to your inquiries or requests.

  • Compliance with a Legal Obligation.  We may process your information where we have a legal obligation to do so.  For example, we may process your information to comply with tax, labor and accounting obligations.

  • Legitimate Interests.  We may process your information where we or a third party have a legitimate interest in processing your information.  Specifically, we have a legitimate interest in using your information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services.  We only rely on our or a third party’s legitimate interests to process your information when these interests are not overridden by your rights and interests.

 

How We Disclose the Information We Collect

Affiliates. We may disclose any information we receive to our affiliates for any of the purposes described in this Privacy Policy. 

Vendors and Service Providers. We may disclose certain information we receive to vendors and service providers retained in connection with the provision of our Services, subject to any confidentiality obligations in the Agreement. 

Third Party App Integrations. If you connect a third party application to our Services, we may disclose certain information to that third party. 

Marketing. We do not rent, sell, or share information about you with nonaffiliated companies for their direct marketing purposes. 

Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. You can learn more about Google’s practices by visiting https://www.google.com/policies/privacy/partners/

     As Required by Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.

Merger, Sale, or Other Asset Transfers. We may transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.

Consent. We may also disclose your information with your permission.

 

Your Choices     

Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.

Your European Privacy Rights.  If you are located in the EEA or the UK, you have additional rights described below. 

  • You may request access to the information we maintain about you, update and correct inaccuracies in your information, restrict or object to the processing of your information, have your information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your information to another company.  In addition, you have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.

  • You may withdraw any consent you previously provided to us regarding the processing of your information at any time and free of charge.  We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.

You may exercise these rights by contacting us using the contact details at the end of this Privacy Policy.  Before fulfilling your request, we may ask you to provide reasonable information to verify your identity.  Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

How to Block Cookies.  You can block cookies by setting your internet browser to block some or all cookies.  You can change your browser settings to block or notify you when you receive a cookie, delete cookies or browse our Services using your browser’s anonymous usage setting.  Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings.  

If you choose not to provide us with information we collect, some features of our Services may not work as intended.

 

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third party services or any information you disclose to these third parties. We encourage you to read their privacy policies before providing any information to them.

 

Retention

We take measures to delete your information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period.  When we process information for our own purposes, we will determine the retention period by taking into account various criteria, such as the type of services provided to you, the nature and length of our relationship with you, possible re-enrollment with our Services, the impact on our Services we provide to you if we delete some information from or about you, and mandatory retention periods provided by law and the statute of limitations.

 

Security 

We make reasonable efforts to protect your information by using physical and electronic safeguards designed to improve the security of the information we maintain. However, because no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.

 

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at intro@openyld.com.

 

International Visitors

Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use the Services from the EEA, the UK or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your information outside of those regions to the U.S. for storage and processing. We may transfer information from the EEA or the UK to the U.S. and other third countries based on European Commission-approved or UK Government-approved Standard Contractual Clauses, or otherwise in accordance with applicable data protection laws.  We may also transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to the Services, you consent to such transfer, storage, and processing.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or disclose personal information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.

 

Contact Information

If you have any questions, comments, or concerns about this Privacy Policy, please email us at intro@openyld.com.

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