Our Privacy Practices
We understand that you value your privacy. At Open Tender Inc., a Delaware corporation ("Open Tender" or "we"), we want to make your experience online satisfying and safe.
This policy describes the types of information we may collect from you or that you may provide to us, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
"Service" means each of
- the website located at opentender.io;
- any other website hosted on web servers owned or otherwise controlled by Open Tender on behalf of its customers; and
- any software application operated by Open Tender which states, directly or indirectly, that this policy applies to that application.
This policy applies to information that we collect through your use of the Services.
Information We Collect
To provide and enhance the Services and to make them available to you, we may collect, store, and use the following types of information:
Information you provide - Open Tender collects personal information that users provide through voluntary submissions, such as online registration forms, checkout forms, profile submissions, newsletter subscriptions, and communications. Personal information means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device, including without limitation names, e-mail addresses, physical addresses, telephone numbers, and billing information. Personal information does not include publicly available information from government records or deidentified or aggregated consumer information. The types and amount of personal information collected for these activities will vary depending on the activity. We use this information to provide our services, to tailor your user experience, and to prevent fraud.
Automatic data collection technologies - As you use the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including without limitation
- details of your use of the Services, such as traffic data, location data, logs, and other communication data and the resources that you access and use through the Services; and
- information about your device and internet connection, such as your IP address, operating system, and browser type.
The information that we collect automatically may include personal information, or Open Tender may maintain it or associate it with personal information collected in other ways or received from third parties. It helps us to improve the Services and to make them more personalized.
User communications - When you send email or other communications to Open Tender, we may retain those communications to process your inquiries, respond to your requests, and improve the Services.
Device information - Open Tender may also gather anonymous information about the device that you use to access a Service, such as its model and how it is being used.
Open Tender does not authorize third parties to collect personal information about a user's online activities when that user uses the Services.
Categories of Personal Information
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||Yes|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||Yes|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||No|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||No|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||No|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||Yes|
|G. Geolocation data.||Physical location or movements.||Yes|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||No|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||No|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||No|
|K. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||No|
The Services are not intended for children under the age of 13. No one under that age may provide any information through the Services. Consistent with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides their personal information through the Services represents that she is 13 years of age or older.
If you are under the age of 13, do not register for, use, or provide any information through the Services. If we learn that we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under the age of 13, please contact Open Tender at email@example.com.
Use and Disclosure of Your Information
Open Tender may use and disclose your personal information as follows:
- To fulfill the purpose for which you provided that information.
- To a third party for payment processing.
- To Open Tender's customers for order fulfilment.
- For any purpose that Open Tender discloses when you provide the information.
- With your consent.
- To comply with any law or legal process, including to respond to any government or regulatory request.
- If we believe that disclosure is necessary or appropriate to protect the rights, property, or safety of Open Tender, its customers, or others.
- To a buyer or other successor upon a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of assets, in which personal information held by Open Tender about its users is among the assets transferred.
- To a third party in anonymized form.
Disclosures of Personal Information for a Business Purpose
Open Tender may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding 12 months, Open Tender has disclosed the following categories of personal information for a business purpose:
- Category A: Identifiers.
- Category B: California Customer Records personal information categories.
- Category F: Internet or other similar network activity.
- Category G: Geolocation data.
We may disclose your personal information for a business purpose to the following categories of third parties:
- Service providers.
- Payment processors.
We will not use the personal information that we collect for materially different, unrelated, or incompatible purposes without providing you notice.
Sales of Personal Information
In the preceding 12 months, Open Tender has not sold personal information.
Changes to Your Information
Certain Services permit you to review and change some of the personal information that we collect from you, through the Service's profile page or account page.
Rights and Choices for California Residents
The California Consumer Privacy Act of 2018 (CCPA) CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rightsbelow), we will disclose to you the following information:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or any of our service providers to do any of the following:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either
- emailing us at firstname.lastname@example.org; or
- visiting https://www.opentender.io/privacy-request
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may make a verifiable consumer request for access or data portability only twice within a 12-month period. The verifiable consumer request must
- provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.
We will use personal information provided in a verifiable consumer request only to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request no later than 45 days after its receipt. If we require up to 45 additional days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not do any of the following:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Other California Privacy Rights
California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
International Visitors and Customers
The Services are hosted in the United States. If you are using the Services from regions or countries with laws governing data collection and use that may differ from United States law, then please note that you are transferring your personal data to the United States which does not have the same data protection laws as other countries, and that by providing your personal data you consent to
- the use of your personal data for the uses identified above in accordance with this policy; and
- the transfer of your personal data to the United States.
Do Not Track Signals
Certain web browsers may provide an option by which you may have the browser inform websites or internet services you visit that you do not wish to have personal information about your activities tracked by cookies or other persistent identifiers across time and across third-party websites, online or cloud computing services, online applications, or mobile applications. These are commonly called "do not track" signals. The Services do not respond to these signals, because doing so would prevent Open Tender and its customers from fulfilling requests that you make through the Services.
The Services implement measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where you have received or chosen a password for access to any part of the Services, you are responsible for keeping this password confidential. Please do not share your password with anyone.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you transmit information to us at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services. Once we receive your transmission, we make reasonable efforts to ensure security on our systems.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may do so by posting a notice through the Services or sending an email to you at the email address you have provided. We may also communicate with you electronically regarding other security, privacy and administrative issues relating to your use of the Services. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at firstname.lastname@example.org.
Changes to the Policy
We may occasionally update this policy. Any updates will not apply retroactively or alter how we handle personal information that we previously collected from you. We encourage you to periodically review this policy to stay informed about how we are protecting the personal information that we collect, and to ensure that we have an up-to-date active email address for you. Your continued use of the Services constitutes your agreement to this policy and any updates.
If you have any questions, comments, or concerns about this policy, please contact Open Tender at:
591 Evernia Street, #2010
West Palm Beach, FL 33401