California Privacy Notice

1. Purpose

If you are a California resident, California law provides you with additional rights regarding your personal information. This privacy notice for California residents describes how OpenSymmetry collects and uses personal information. It applies to all prospects and customers of our professional services and users of our website who reside in California.

This privacy notice for California residents is adopted to comply with the California Consumer Privacy Act of 2018 (the “CCPA”), as may be amended from time to time. Any terms not expressly defined herein shall have the same meaning as defined in the CCPA. We are required under the CCPA and other data protection legislation to notify you of the information contained in this privacy notice.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our website that 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 privacy@opensymmetry.com or call us at +1.877.261.2667.

2. Data we collect

We collect, store, and use the following information about you:

  • Information you give us through OpenSymmetry’s website via a form, application, contact request, or other request for information
  • Information you may post on any blogs, forums, and any other social media applications that we provide
  • Information you provide to a third party to attend a conference, training course, or demonstration that we sponsor
  • Information you provide to us through a third party to attend a conference, training course, or demonstration that we sponsor
  • Information provided through using cookies on our company website, including your location data and your activity on our website. More information on how we use cookies and other tracking technologies can be found in our cookies notice.

The personal information we collect typically includes the following: full name, email address, work address, phone number, job title, employer, location of employment, and your activity on blogs and social media that we provide. In some circumstances, such as when we provide lunch and dinner at a training course or conference, we may collect more sensitive types of personal information about you, such as dietary restrictions and food allergies.

3. Data we collected in the last 12 months 

In the last twelve (12) months, we collected, stored, and used the following information about you:

  • Information you gave us through OpenSymmetry’s website via a form, application, contact request, or other request for information
  • Information you may have posted on any blogs, forums, and any other social media applications that we provided
  • Information you provided to a third party to attend a conference, training course, or demonstration that we sponsored
  • Information you provided to us through a third party to attend a conference, training course, or demonstration that we sponsored
  • Information provided through using cookies on our company website, including your location data and your activity on our website. More information on how we use cookies and other tracking technologies can be found in our cookies notice.

The personal information we collected included the following: full name, email address, work address, phone number, job title, employer, location of employment, and your activity on blogs and social media that we may have provided. In some circumstances, such as when we provided lunch and dinner at a training course or conference, we may have collected more sensitive types of personal information about you, such as dietary restrictions and food allergies.

4. How your personal information is collected

We collect personal information about you in several ways.

  • We collect the information you give us via the company website or by phone and email.
  • We may collect your information through your attendance of or participation in events that we sponsor, such as conferences, online trainings, webinars, surveys, and demonstrations of our professional services.
  • We may collect your information from other companies who sell us or share with us your information.
  • We may collect information from places that are publicly available, such as blogs, social media and networking sites.
  • We may collect information using cookies and other tracking technologies through our company website. 

5. How we will use information about you

We will use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  • To contact you about products and services
  • To perform a contract we have entered into with you
  • To comply with a legal obligation
  • Where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests

Situations in which we will use your personal information

We need the categories of information in the list above primarily to allow us to contact you about service offerings and to perform a contract we may have entered into with you. In some cases, we may use your personal information to pursue legitimate interests, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

  • To contact you about product or service offerings
  • To provide information about conferences, online trainings, webinars, surveys, and demonstrations of our professional services
  • To perform a contract we have entered into with you
  • To comply with applicable legal or regulatory requirements

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. Data disclosed or sold in the last 12 months

In the last twelve (12) months, we disclosed the following categories of personal information:

  • Full Name
  • Email address
  • Work address
  • Phone number
  • Job title
  • Employer
  • Location of employment
  • Your activity on blogs and social media that we provide

Please see Data Sharing for more information on the entities to whom personal information was disclosed.

In the last twelve (12) months, we sold the following categories of personal information to our software solution partners:

  • Full Name
  • Email address
  • Work address
  • Phone number
  • Job title
  • Employer
  • Location of employment
  • Your activity on blogs and social media that we provide

7. Cookies

Please refer to OpenSymmetry’s Privacy Notice for more information on how we use cookies.

8. Data sharing

We may share your personal information with third parties, including other entities owned or controlled by OpenSymmetry and third-party service providers. We require third parties to respect the security of your personal information and to treat it in accordance with the law.

Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

"Third parties" includes third-party service providers (including contractors and designated agents) and other entities owned or controlled by OpenSymmetry. The following activities are carried out by third-party service providers: marketing automation, lead generation, and ERP and CRM services.  

How secure is my information with third-party service providers and other entities? 

All our third-party service providers and other entities owned or controlled by OpenSymmetry are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal information for their own purposes. We only permit them to process your personal information for specified purposes and in accordance with our instructions.

When might you share my personal information with third-party service providers or other entities?

We will share your personal information with third-party service providers or other entities owned or controlled by OpenSymmetry as part of our regular reporting activities on company performance, in the context of a business reorganization or group restructuring exercise, for system maintenance support and hosting of data.

When might you sell my personal information to a third-party?

We may sell your personal information to a third-party as part of referral programs with our software solution partners, provided that you have not exercised your right to opt-out of the sale of such personal information.

9. Your rights as a California Resident

Right to access/right to disclosure of personal information

You have the right to request that we disclose certain information regarding our practices with respect to personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we will disclose to you any of the following at your direction:

  • The categories of personal information we have collected about you in the last 12 months.
  • The categories of sources for the personal information we have collected about you in the last 12 months.
  • Our business or commercial purpose for collecting 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.
  • If we sold your personal information for a business purpose, a list of the personal information types that each category of recipient purchased.
  • If we disclosed your personal information to a third party for a business purpose, a list of the personal information types that each category of recipient received.

We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Right to delete personal information 

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 a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will delete (and direct our service providers to delete) your personal information, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • 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, 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.

We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Right to opt out of sale

As a California resident, you have the right to direct a business that sells your personal information to third parties not to sell your personal information. This right is referred to as “the right to opt-out.”

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following page: Do Not Sell My Personal Information.

10. Right to non-discrimination

You may exercise your rights under the CCPA without discrimination.  For example, unless the CCPA provides an exception, we will not:

  • 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; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We may offer you financial incentives to provide us with personal information that is reasonably related to the information’s value. This could result in different prices, rates, or quality levels for our products or services. Any CCPA-permitted financial incentive we offer will be described in written terms that explain the material aspects of the financial incentive program. You must opt-in to any financial incentive program and may revoke your consent at any time by contacting us as indicated below.

11. How to exercise your rights

We may need to request specific information from you to help us verify your identity and ensure your right to access the information or to exercise any of your other rights. This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you 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 only make a verifiable consumer request for access or data portability 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.
  • 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. You will not be required to create an account with us in order to submit a verifiable request, though we may communicate with you about your request through a pre-established account, if applicable.

12. Minors

Our services are not intended for minors, and therefore, we do not knowingly collect personal information from children under 13. If we learn that we have collected any personal information from a child under the age of 13 without verifiable parental consent, we will delete that information from our files as quickly as possible. If you believe that we may have collected information from a child under 13, please contact us at the email address provided below.

We never sell the personal information of minors under 16 years of age, and would not do so in the future without affirmative authorization of the consumer if between 13 to 16 years of age, or the parent or guardian of a consumer less than 13 years of age.

13. Data Security

We have measures in place to protect your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. Access to your personal information is limited to those employees, agents, contractors and other third parties who have a business need to know. Third parties will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

14. Data retention

We will retain your personal information for as long as necessary to fulfill 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.

15. Changes to this Privacy Notice

We reserve the right to update this privacy notice at any time. When this privacy notice is updated, we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact us at privacy@opensymmetry.com.