Privacy policy

Effective date: March 09, 2023

Thanks for entrusting OpenCUI, Inc. (“OpenCUI”, “we”, "us" or "our") with your source code, your projects, and your personal data. This Privacy Statement explains our practices regarding the collection, use, and disclosure of your data, including any personal data we collect and process in connection with our website and any applications, software, products, and services provided by OpenCUI, including any Beta Previews (collectively, the “Service(s)”).

All capitalized terms have their definition in GitHub’s Terms of service, unless otherwise noted here.

1. What “Personal Information” means

In this Policy, “Personal Information” means information or an information set that identifies or could be used to identify an individual directly or indirectly. Except as described in this Policy, OpenCUI will not give, sell, rent, or loan any Personal Information to any third party.

Personal Information does not include “Usage Data” which we define as encoded or anonymized information or aggregated data we collect about a group or category of services, features, or users which does not contain personally identifying information. Usage Data helps us understand trends in usage of the Service so that we can better consider new features or otherwise tailor the Service. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including our customers, partners and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Service as well as for advertising and marketing purposes.

2. How we collect, use, and share your Personal Information and other information

Information you provide to us

When you register for the Service, we may ask for Personal Information such as your name, email address, or credit card or other billing information. You may also provide at your own discretion certain related information like your personal website name, social media websites, a list of your skills, the date you started using the Service, and a description of yourself. Additionally, as you employ the Sites to create websites, the software continuously saves changes made by you with the server and will document items such as when you are working and saving changes, when you last opened the Designer, when sites are published, or when you perform certain tasks.

We may also retain the contents of any messages you send to us or through the Service, and we may collect information you provide in user content that you post or upload to the Service (“User Content”).

OpenCUI may use Personal Information provided to operate, improve upon, and personalize the Service, for billing identification and authentication, to contact and communicate with you about the Service and your use of the Service, to support use of the Service, to send marketing materials for research purposes, and to generally improve the content and functionality of the Service.

We may also combine your Personal Information with third-party analytics information to build a broader profile of our individual users so that we can serve you better and provide custom, personalized content and information. Additionally, we may use the Personal Information we collect for identification and authentication and fraud prevention, to analyze Site usage and improve the Service, for internal market research, troubleshooting problems, to enforce our Terms of Service, and as otherwise set forth in this Policy.

Note that we will never email you to ask for your account information. For more information about our procedures in this regard, please review our Terms of Service.

We use financial information solely as authorized by you in accordance with the Service. While OpenCUI does not store your credit card information and will use commercially reasonable efforts to ensure the security of all credit card and all other Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold OpenCUI harmless for any damages that may result therefrom.

Information we may receive from and share with third parties

We may now or in the future receive Personal Information about you from third parties. For example, if you access our Site or Service through a third-party connection or log-in or connect an application to OpenCUI, that third party you connected with may pass certain information about your use of its service to OpenCUI. This information could include, but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service.

OpenCUI may also share Personal Information with its third-party service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other service we use to operate the Service and maintain a high-quality user experience. We do not permit our service providers to use the Personal Information we share for their marketing purposes.

Application integration

To facilitate the exchange of data between third-party SaaS applications, we may need to store certain information (“App Credentials”) that helps us access these third-party SaaS application accounts on your behalf. We store your App Credentials in an encrypted form.

When we access these third-party applications on your behalf, the third-party application provides us with access to certain data. We will use, store, and disclose this data in accordance with this Policy.

You should note that OpenCUI shall have no liability or responsibility for the privacy practices or other actions of any third-party applications for which you provide us with App Credentials.

Log file information

We collect certain technical information from the visitors to our customers’ websites. The information that our web servers log about our Service customers’ site visitors includes Internet Protocol (IP) address; the date/time a webpage or feature is accessed; the user agent string that identifies the browser or operating system to the server; installed fonts; mime-types; browser language and timezone; Silverlight data; installed plugins; HTTP headers; and screen resolution.

OpenCUI uses this information in order to monitor the volume of our customers’ website traffic. We do this, for instance, to facilitate customer billing when a tiered pricing plan is based on the number of unique visitors to a customer’s website. We also use this technical information for our own analytical purposes, such as to measure how many customers have published active websites using our Service. Lastly, we may use this information to create separate analytics products that we offer to customers--using information that is not directly identifiable to any individual--to help customers visualize how their site is being used, to track conversions, and to provide other measurement metrics.

Other information sharing

We may be required to disclose Personal Information to respond to subpoenas, court orders, and law enforcement or governmental requests or investigations, or to establish or exercise our legal rights or defend against legal claims. We may also share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or our Terms of Service, or as otherwise required by law.

We use or may use information collected by cookies, log files, device identifiers, and clear GIFs information to:

1. remember information so that you will not have to re-enter it during your visit or the next time you visit the site
2. provide custom, personalized content and information
3. to provide and monitor the effectiveness of our Service
4. monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns
5. diagnose or fix technology problems
6. help you efficiently access your information after you sign in
7. to provide advertising to your browser or device, and
8. automatically update the OpenCUI application on your mobile devices.

For more information about cookies, please see OpenCUI’s Cookie Policy.

We may share Personal Information with any member of the OpenCUI team, which includes any entity that controls, is controlled by, or under common control with OpenCUI.

3. Links to other websites

The Service contains links to websites and applications other than the Service, including websites and applications operated by affiliates and other third parties. This Policy applies only to information collected by the Service.

OpenCUI does not endorse and is not responsible for the practices of third parties or their websites or applications. We do not determine and are not responsible for the privacy practices or the content of websites or applications operated by third parties. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies.

We are not responsible for and we do not control any third parties that you authorize to access your User Content. If you are using a third-party website or service and you allow such a third-party access to your User Content, you do so at your own risk.

4. Public forums

Our Service offers publicly accessible blogs and community forums. If you elect to post something in a public area of our Service, any Personal Information or content that you voluntarily disclose for posting to the Service, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other users have copied or saved that information.

To request removal of your Personal Information from our blog or community forum, contact us at contact@opencui.io. In some cases, we may not be able to remove all your Personal Information.

5. Customer testimonials / comments / reviews

From time to time, we post customer testimonials on the Sites which may contain Personal Information. We always obtain the customers’ consent prior to posting their names along with their testimonials.

6. Protection of information

OpenCUI is committed to ensuring the security of your Personal Information. We use commercially reasonable technological, physical, and administrative security safeguards, such as firewalls and carefully developed security features, to protect the confidentiality and security of your Personal Information within the Service and the Sites. When you enter confidential information (such as login credentials or information submitted from within the Service) we encrypt the transmission of that information using secure socket layer technology (SSL). These technologies, procedures, and other measures are used in an effort to ensure that your data is safe, secure, and only available to you and to those you authorized to access your data. However, no internet, email, or other electronic transmission is ever fully secure or error-free, so you should take care in deciding what information you send to us in this way. OpenCUI is not responsible for the functionality or security measures of any third party.

7. Hosting and data transfer

We are based in the United States, but, unless we expressly agree otherwise (including through our Terms), we may host, transfer, and process data, including Personal Information, in the United States and in other countries through OpenCUI and third parties that we use to operate and manage the Service. These countries may have data protection laws that are different from those of your country of residence. OpenCUI uses a variety of safeguards, including contractual and technical measures, to protect the data we transfer.

If you are located in the United Kingdom (“UK”), European Union (“EU”), European Economic Area (“EEA”) or Switzerland, please see OpenCUI’s EU & Swiss Privacy Policy. OpenCUI is certified under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks. We recognize that the Court of Justice of the European Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield Framework no longer can serve as the basis by which entities subject to the GDPR export Personal Information to countries whose laws have not been recognized by the European Commission as providing a high level of protection for the information. As affected customers who relied only on our Privacy Shield certification transition to the use of Standard Contractual Clauses and other methods for transferring Personal Information to OpenCUI under the GDPR, OpenCUI will continue to honor our obligation to comply with the Privacy Shield Principles with respect to such information. If you reside in a country that permits cross-border transfers of Personal Information under EU data transfer mechanisms, please refer to the EU & Swiss Privacy Policy for more information.

8. Choice

We process and store information on behalf of our customers. You may decline to submit any Personal Information through the Service, in which case we may not be able to provide certain services to you.

Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking / recording tools. Note that disabling cookies on your mobile device or browser may prevent us or our business partners from tracking your browser’s activities in relation to the Service. However, doing so may disable many of the features available through the Service. You may opt-out individually for third-party vendors on their websites, but limitations on data sharing may make it difficult or impossible to provide the Service after an opt-out. You may also opt out of interest-based advertising provided by participating ad servers through the Digital Advertising Alliance (http://optout.aboutads.info/), the Network Advertising Initiative (http://optout.networkadvertising.org/?c=1), or the European Interactive Digital Advertising Alliance (http://www.youronlinechoices.eu).

California consumers may use the Digital Advertising Alliance’s tool to send requests under the California Consumer Privacy Act (“CCPA”) for a web browser to opt out of the sale of personal information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here: https://www.privacyrights.info/appchoices.

The AppChoices app is not limited to opt-outs for CCPA purposes and may be used by anyone to limit the collection of cross-app data for interest-based advertising purposes by participating DAA member companies.

9. Correcting and updating your information

Customers may update, delete, or change your Personal Information you have provided OpenCUI by logging in to the Service and providing such additional information or deleting such information where applicable. If you are not our customer and would like to gain access to, or request deletion of, information we have collected, please contact us at contact@OpenCUI.com. We will use commercially reasonable efforts to respond to such queries within a reasonable time. OpenCUI has no direct relationship with the individuals or companies (“End Users”) with whom you may interact using the Service. Any such End Users seeking access to, or who would like to correct, amend, or delete data which may be stored in the Service should direct their query to the applicable OpenCUI customer acting as the data controller for such information.

10. Data retention

OpenCUI will retain Personal Information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy, or as required or permitted under the applicable law. We may further retain and use this Personal Information as necessary to comply with our legal obligations; maintain accurate accounting, financial, and other operational records; resolve disputes; and enforce our agreements. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s subscription to the Service.

11. Children's Personal Information

OpenCUI does not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through our Service. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Policy by instructing their children never to provide Personal Information on our Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to OpenCUI through our Service, please contact us, and we will use commercially reasonable efforts to delete that information from our databases.

12. Your California privacy rights

This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the Personal Information categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third parties with whom we may share your Personal Information.

We generally collect the following categories of Personal Information about you when you use our Site or services:

• identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices;
• protected classifications, such as gender;
• commercial information such as records of products or services purchased, obtained, or considered by you;
• Internet or other electronic information regarding your browsing history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information;
• audio recordings of your voice to the extent you call us, as permitted under applicable law;
• professional or employment-related information.

We generally do not collect education-related or biometric information, geolocation information, or inferences about your preferences, characteristics, behavior and attitudes. For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.

We collect your Personal Information for the business purposes described in Section 2, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.

The categories of third parties with whom we may share your Personal Information are listed in Section 2, above.

Privacy Rights

If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.

• Right Against Discrimination - You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
• Right to Know - You have the right to request in writing: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties' direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you have the right to request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
• Right to Delete - You have the right to request us to delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.

To assert your right to know or your right to delete your Personal Information, please contact us according to the “Contact Us” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

• Right to Opt-Out of Selling. As described in this Privacy Policy, in certain situations we may share your Personal Information with certain third parties for our marketing or other purposes. To the extent such sharing is considered a “sale” under the CCPA, as a California resident you have the right to opt-out of such sharing. If you would like us to no longer share your Personal Information in this way, you can opt-out by visiting the following web page: Do Not Sell My Info. If you opt-out, we may be unable to offer you some of our Services which require sharing of Personal Information.

California consumers may also use the Digital Advertising Alliance’s tool to send requests under the California Consumer Privacy Act (“CCPA”) for a web browser to opt out of the sale of personal information by some or all of that framework’s participating companies by accessing the DAA’s tool here: https://www.privacyrights.info/, or by downloading the DAA’s AppChoices mobile application opt-out here: https://www.privacyrights.info/appchoices.

The AppChoices app is not limited to opt-outs for CCPA purposes and may be used by anyone to limit the collection of cross-app data for interest-based advertising purposes by participating DAA member companies.

In addition, under California Civil Code Sections 1798.83–1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties.

13. Changes to the Privacy Policy

We may, in our sole discretion, modify or update this Policy from time to time. If we make any material changes to this Policy, we will endeavor to notify you by email or by posting a prominent notice on the Sites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Service constitutes your acceptance to such changes to this Policy. If you do not accept the terms of this Policy, you should immediately discontinue use of the Service.

14. Business transactions

OpenCUI may assign or transfer this Policy, and your user account and related Personal Information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with OpenCUI. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, or similar transactions or proceedings, provided that the recipient of such information will continue to be bound by the terms of this Privacy Policy.