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Privacy Policy

Privacy Policy for Open Factor.

Version 1.0 · 21 August 2026

Effective as of 21 August 2026. This is Version 1.0 of this Privacy Policy.

California Notice at Collection / State Privacy Rights. See the State privacy rights notice section below for important information about your rights under applicable state privacy laws.

Open Factor (Company, we, us, or our) provides software products and online services, including the website located at openfactor.ai and related applications and digital properties. This Privacy Policy describes how we process personal information that we collect through our digital or online properties or services that link to this Privacy Policy (including, as applicable, our website, applications, and social media pages), as well as our marketing activities and other activities described in this Privacy Policy (collectively, the Service).

Notice to European users. Please see the Notice to European users section below for additional information for individuals located in the European Economic Area or United Kingdom (which we refer to as Europe, and European should be understood accordingly).

1. Personal information we collect

1.1 Information you provide to us

Personal information you may provide to us through the Service or otherwise includes:

Contact data, such as your first and last name, email address, billing and mailing addresses, professional title and company name, and phone number.

Demographic data, such as your city, state, country of residence, and postal code.

Profile data, such as the username and password that you may set to establish an online account on the Service, biographical details, photograph, links to your profiles on social networks, interests, preferences, and any other information that you add to your account profile.

Communications data based on our exchanges with you, including when you contact us through the Service, communicate with us via chat features, social media, or otherwise.

Transactional data, such as information relating to or needed to complete your orders on or through the Service, including order numbers and transaction history.

Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.

User-generated content and input data, such as photos, images, comments, questions, messages, prompts, works of authorship, and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata.

Payment data needed to complete transactions, including payment card information or bank account number. Payment card information is collected and processed directly by our payment processors as described below.

Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

1.2 Third-party sources

We may combine personal information we receive from you with personal information falling within one of the categories identified above that we obtain from other sources, such as:

Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.

Partners, such as marketing partners and event co-sponsors.

Service providers that provide services on our behalf or help us operate the Service or our business.

Business transaction partners. We may receive personal information in connection with an actual or prospective business transaction, such as a merger, acquisition, or sale of assets.

Third-party services, such as social media or identity providers that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture, and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

1.3 Automatic data collection

We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications, and other online services, such as:

Device data, such as your computer or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, device type, IP address, unique identifiers, language settings, and general location information such as city, state, or geographic area.

Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths, access times and duration of access, and whether you have opened our emails or clicked links within them.

Communication interaction data, such as your interactions with our email, text, or other communications. We may do this through use of pixel tags (also known as clear GIFs), which may be embedded invisibly in our emails.

For more information concerning our automatic collection of data, please see the Tracking and other technologies section below.

1.4 Data about others

We may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.

2. Tracking and other technologies

Cookies and other technologies. Some of our automatic data collection is facilitated by cookies and other technologies. For more information, see our Cookie Notice. We will also store a record of your preferences in respect of the use of these technologies in connection with the Service.

Chat and other artificial intelligence technologies. The Service may use chat and generative AI technologies that employ cookies and software code to operate chat and user input or prompt features. Third-party AI providers may access and use information about pages visited on our website, your IP address, your general geographic information, and other personal information you share through online chats or within inputs to facilitate the provision of the Service and for the purposes described in this Privacy Policy. We contractually require these providers to maintain appropriate data protection safeguards and prohibit them from using your data for generalized AI model training except as described in this Privacy Policy or our Data Processing Addendum.

For information concerning your choices with respect to the use of tracking technologies, see the Your choices section of our Cookie Notice.

3. How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection.

3.1 Service delivery and operations

We may use your personal information to:

provide the Service; enable security features of the Service; establish and maintain your user profile on the Service; facilitate invitations and social or collaboration features; communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages; and provide support for the Service and respond to your requests, questions, and feedback.

3.2 Service personalization

We may use your personal information to understand your needs and interests, personalize your experience with the Service and our Service-related communications, and remember your selections and preferences as you navigate the Service.

3.3 Service improvement and analytics

We may use your personal information to analyze your usage of the Service, improve the Service, help us understand user activity (including which pages are most and least visited and how visitors move around the Service), and to develop new products and services. For example, we use PostHog for this purpose. You can learn more about PostHog at https://posthog.com/privacy. For more information on analytics, see our Cookie Notice.

3.4 Marketing and advertising

We, our service providers, and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes.

Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt out of our marketing communications as described in the Your choices section below.

Interest-based advertising. We, our service providers, and third-party advertising partners may use cookies and other technologies to collect information about your interaction with the Service, our communications, and other online services over time, and use that information to serve online ads that we or they think will interest you. You can learn more about your choices for limiting interest-based advertising in the Your choices section of our Cookie Notice.

3.5 Compliance and protection

We may use your personal information to comply with applicable laws, lawful requests, and legal process; protect our, your, or others' rights, privacy, safety, or property (including by making and defending legal claims); audit our internal processes; enforce the terms and conditions that govern the Service; and prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.

3.6 Aggregated, de-identified, and anonymized data

We may create aggregated, de-identified, and/or anonymized data from your personal information and other individuals whose personal information we collect. We make personal information into de-identified and/or anonymized data by removing information that makes the data identifiable to you, and we will not attempt to reidentify any such data except to test whether our deidentification processes comply with applicable law. We may use this data and share it with third parties for our lawful business purposes, including analyzing and improving the Service and promoting our business.

3.7 Further uses

In some cases, we may use your personal information for further uses, in which case we will ask for your consent to use your personal information for those further purposes if they are not compatible with the initial purpose for which information was collected.

4. Retention

We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, establishing or defending legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.

5. How we share your personal information

We may share your personal information with the following parties (or as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection).

Affiliates. Our corporate parent, subsidiaries, and affiliates.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, AI providers, email delivery, marketing, and website analytics).

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe. Stripe may use your payment data in accordance with its privacy policy, https://stripe.com/privacy.

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above, if and when we engage them.

Third parties designated by you. We may share your personal information with third parties where you have instructed us or provided your consent to do so.

Partners. Third parties with whom we partner, including parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Linked third-party services. If you log into the Service with, or otherwise link your Service account to, a social media or other third-party service, we may share your personal information with that third-party service. The third party's use of the shared information will be governed by its privacy policy and the settings associated with your account with that third-party service.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers, and insurers, in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transferees. We may disclose personal information in the context of actual or prospective business transactions (for example, investments in Open Factor, financing, or the sale, transfer, or merger of all or part of our business, assets, or shares).

Other users and the public. Your profile and other user-generated content and input data (except for private messages) may be visible to other users of the Service and the public if you choose to make that information available. This information can be seen, collected, and used by others, including being cached, copied, or stored elsewhere by others (for example, search engines), and we are not responsible for any such use of this information.

6. Your choices

In this section, we describe the rights and choices available to all users. Users who are located in certain U.S. states and Europe can find additional information about their rights below.

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.

Opt-out of communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us at /contact. Please note that if you choose to opt out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Cookies and other technologies. For information about cookies and other technologies employed by the Service and how to control them, see our Cookie Notice.

Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" signals. We honor Global Privacy Control signals as described in the State privacy rights notice below.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Linked third-party platforms. If you choose to connect to the Service through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

Delete your content or close your account. You can choose to delete certain content through your account. If you wish to request to close your account, please contact us at /contact.

7. Other sites and services

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications, or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.

8. Security

We employ technical, organizational, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

9. International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country. Users in Europe should read the important information provided below about transfer of personal information outside of Europe.

10. Children

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

11. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

12. How to contact us

If you have questions about our practices or if you would like to exercise any privacy related right that may be available to you, please contact us through the contact form at /contact. You may also review the Terms of Use that govern the Service.

13. State privacy rights notice

Except as otherwise provided, this section applies to residents of U.S. states to the extent they have privacy laws applicable to us that grant their residents the rights described below (collectively the State Privacy Laws).

This section describes how we collect, use, and share Personal Information of residents of these states and the rights these users may have with respect to their Personal Information. Please note that not all rights listed below may be afforded to all users. We may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it. We may verify your identity using information associated with your account or other information you provide.

For purposes of this section, the term Personal Information has the meaning given to "personal data", "personal information", or other similar terms, and Sensitive Personal Information has the meaning given to "sensitive personal information", "sensitive data", or other similar terms in the State Privacy Laws, except that in neither case does such term include information exempted from the scope of the State Privacy Laws.

13.1 Your privacy rights

The State Privacy Laws may provide residents with some or all of the rights listed below. These rights are not absolute, and we may decline your request in certain cases as permitted by law.

Information. You can request information about how we have collected and used your Personal Information, including the categories of Personal Information collected, the categories of sources, the business or commercial purpose for collecting and/or selling Personal Information, and the categories of third parties with which we share Personal Information.

Access. You can request a copy of the Personal Information that we have collected about you.

Appeal. You can appeal our denial of any request validly submitted.

Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.

Deletion. You can ask us to delete the Personal Information that we have collected from you.

Opt-out of certain processing for targeted advertising purposes. We may process Personal Information for targeted advertising purposes. You can opt out of certain processing of personal information for targeted advertising purposes.

Opt-out of profiling / automated decision making. We do not use your Personal Information to engage in profiling or to perform automated decision-making that results in significant financial impacts, significant impacts on housing, education, employment, health care, or criminal justice, or similarly significant impacts.

Opt-out of other sales of personal data. We do not sell your Personal Information for money. Like many companies, we may use services that help deliver interest-based ads to you as described above. The State Privacy Laws may classify our use of some of these services as "selling" or "sharing" your Personal Information with the advertising partners that provide the services. You can opt out as described below.

Consumers under 16. We do not have actual knowledge that we collect, sell, or share the personal information of consumers under 16 years of age.

Sensitive Personal Information. While we process certain categories of Sensitive Personal Information as described in this Privacy Policy, we do not process Sensitive Personal Information for the purpose of inferring characteristics about consumers under the CCPA.

Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the State Privacy Laws.

13.2 Exercising your rights

You can submit requests to opt out of tracking for targeted advertising purposes or other sales or sharing of Personal Information, or to exercise any of the other state privacy rights listed above, through the contact form at /contact, or by broadcasting the Global Privacy Control (GPC) signal. We honor GPC signals as valid opt-out requests for the sale or sharing of Personal Information, as required by applicable law. When we detect a GPC signal from your browser, we will treat it as a request to opt out of the sale or sharing of your Personal Information. For more information about GPC, visit https://globalprivacycontrol.org.

We may need to verify your identity in order to process your information, access, appeal, correction, or deletion requests and reserve the right to confirm your residency. Under some State Privacy Laws, you may enable an authorized agent to make a request on your behalf. We may need to verify your authorized agent's identity and authority to act on your behalf.

13.3 Information practices

The following describes our practices currently and during the past 12 months. We collect all categories of personal information from the sources and use them for the business and commercial purposes described above in this Privacy Policy. The criteria for deciding how long to retain personal information is generally based on whether such period is sufficient to fulfill the purposes for which we collected it as described in this notice, including complying with our legal obligations. We do not attempt to reidentify deidentified information derived from personal information, except for the purpose of testing whether our deidentification processes comply with applicable law.

The chart below summarizes the Personal Information we collect, the purposes for which we collect it, and the third parties to whom we may disclose it, by reference to both the categories defined in the Personal information we collect section above and the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140). Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

Personal Information we collect CCPA statutory category Purposes Disclosed for a business purpose Sold or shared
Contact data Identifiers; customer records information Service delivery; communications; marketing; compliance Affiliates; service providers; payment processors; professional advisors; authorities; business transferees Advertising partners (if engaged)
Demographic and profile data Identifiers; customer records; internet activity Service delivery; personalization; analytics Affiliates; service providers Advertising partners (if engaged)
Communications and marketing data Identifiers; internet or other electronic network activity Support; marketing; compliance Affiliates; service providers Advertising partners (if engaged)
Transactional and payment data Customer records; commercial information; financial information Service delivery; billing; compliance Payment processors; service providers None
User-generated content and input data Identifiers; internet activity; audio/visual information Service delivery; improvement; compliance Affiliates; service providers; AI providers; other users if you make content public None
Device and online activity data Identifiers; internet or other electronic network activity; geolocation data Service delivery; security; analytics; advertising Affiliates; service providers; analytics providers Advertising partners (if engaged)

13.4 Additional information for California residents

Under California's Shine the Light law (California Civil Code Section 1798.83), California residents may ask companies with whom they have formed a business relationship primarily for personal, family, or household purposes to provide the names of third parties to which they have disclosed certain personal information during the preceding calendar year for their own direct marketing purposes, and the categories of personal information disclosed. You may send us requests for this information at /contact. In your request, you must include the statement "Shine the Light Request," and provide your first and last name and mailing address and certify that you are a California resident.

13.5 Additional information for Nevada residents

Nevada residents have the right to opt out of the sale of certain personal information for monetary consideration. While we do not currently engage in such sales, if you are a Nevada resident and would like to make a request to opt out of any potential future sales, please contact us at /contact.

14. Notice to European users

The information provided in this section applies only to individuals in the United Kingdom and the European Economic Area (that is, "Europe" as defined at the top of this Privacy Policy). References to "personal information" in this Privacy Policy should be understood to include a reference to "personal data" (as defined in the GDPR).

14.1 Controller

Open Factor is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of European data protection legislation (the EU GDPR and the UK GDPR, as and where applicable, the GDPR). See the How to contact us section above for our contact details. We are a U.S. company without an establishment in the EEA or UK. We have not appointed a separate Article 27 EU or UK representative. European users may contact us through the contact form at /contact.

14.2 Our legal bases for processing

In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a legal basis for that use. Our legal bases are contractual necessity, legitimate interests, compliance with law, and consent.

Purpose Categories of personal information Legal basis
Service delivery and operations Contact, demographic, profile, communications, transactional, user-generated, payment, device, and third-party service data Contractual necessity
Security Contact, device, and online activity data Compliance with law; legitimate interests in ensuring the ongoing security and proper operation of the Service
Service improvement and analytics Contact, demographic, profile, device, online activity, and communication interaction data Legitimate interests in providing a good, personalized service; consent for optional cookies used for this purpose
Direct marketing Contact, demographic, profile, communications, transactional, and marketing data Legitimate interests in promoting our operations; consent where required
Interest-based advertising Demographic, device, and online activity data Consent
Compliance and protection Contact and demographic data and other relevant data Compliance with law; legitimate interests in participating in legal process and protecting rights, property, and safety
Research and development; aggregated or de-identified data Any relevant data types Legitimate interests in ensuring the Service operates as intended
Further uses Any relevant data types The original legal basis if compatible; otherwise consent

14.3 Retention

We retain personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, establishing or defending legal claims, or for compliance and protection purposes. When we no longer require the personal information we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

14.4 Sensitive personal information and automated decision-making

We ask that you not provide us with any sensitive personal information (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Service, or otherwise to us. If you provide us with any sensitive personal information when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent, you must not submit such sensitive personal information through our Service.

As part of the Service, we do not engage in automated decision-making and/or profiling which produces legal or similarly significant effects.

14.5 Your rights

European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold: access; correct; delete; transfer a machine-readable copy to you or a third party of your choice; restrict processing; object to processing based on legitimate interests or for direct marketing; and withdraw consent where we rely on consent.

You may submit these requests at /contact. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors. If we reject any request you may make, we will let you know our grounds for doing so at the time, subject to any legal restrictions.

If you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence. For users in the European Economic Area, contact information for the data protection regulator in your place of residence can be found at https://edpb.europa.eu/about-edpb/about-edpb/members_en. For users in the UK, the Information Commissioner's Office is at Water Lane, Wycliffe House, Wilmslow, Cheshire SK9 5AF, telephone +44 303 123 1113, website https://ico.org.uk.

14.6 Data processing outside Europe

We are a U.S.-based company and many of our service providers, advisers, partners, or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.

Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented: transfers to territories with an adequacy decision; or, for transfers to territories without an adequacy decision, appropriate safeguards such as standard contractual clauses approved by relevant authorities, or, in limited circumstances, a derogation such as your explicit consent. Business customers should also see our Data Processing Addendum. You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.