Privacy & Cookie Policy

Last Updated: Jan 1, 2025

This privacy policy (the "Policy") describes how the personally identifiable information ("Personal Information") you may provide on the openfund.ca website ("Website") and any of its related products and services (collectively, "Services") is collected, protected, and used. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy is a legally binding agreement between you ("User", "you" or "your") and Openfund ("Openfund", "we", "us" or "our"). This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

All capitalized terms not otherwise defined in this Policy will have the respective meanings assigned to them in our Terms of Use.

Automatic Collection of Information

When you open the Website, our servers automatically record information that your browser sends. This data may include information such as your device's IP address, geo-location, device identifiers, browser type and version, operating system type and version, language preferences, or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other statistics.

Information collected automatically is used only to identify potential cases of abuse, establish statistical information regarding the usage and traffic of the Website and Services, improve the experience for all users, and remarketing based on your preferences. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

Collection of Personal Information

You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features on the Website, including if you’d like to create an Account with us, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an Account, publish User Content, or fill any online forms on the Website. When required, this information may include the following:

Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources such as public databases, social media platforms, third-party data providers, and other third-party sources. Personal Information we collect from other sources may include demographic information, such as age and gender, device information, such as IP addresses, location, such as city and province, and online behavioral data, such as information about your use of social media websites, page view information and search results and links. You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us (see contact information at the end of this Privacy Policy).

Use and Processing of Collected Information

In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the Services (or any portion thereof). Any of the information we collect from you may be used for the following purposes:

Billing and Payments

Openfund collects and processes payment information, such as credit card numbers and billing addresses, to manage transactions for purchased services. Payments are handled securely through third-party payment processors, ensuring information is encrypted and protected. Payment details are retained only as long as necessary to complete transactions, resolve disputes, and comply with legal obligations, after which the information is securely deleted. For any questions about billing or payments, please contact customer support at support@openfund.ca.

Managing Information

You are able to correct certain Personal Information we have about you. The Personal Information you can correct may change as the Website and Services change.

Disclosure of Information

Depending on the requested Services or as necessary to complete any transaction or to provide any service you have requested, we may share your information with your consent with trusted third parties that work with us or any other affiliates and subsidiaries we rely upon to assist in the operation of the Website and Services available to you. Personal Information may further be shared through the use of the Services by other Users on the Website. All such parties are not authorized to use or disclose your information except as necessary to perform services on our behalf, to comply with legal requirements, or, in the case of other Users, for the limited purposes of interacting with the Services in the manner specified by their use and functionality. Third parties that are given Personal Information are only permitted to use such information in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes. Users who receive Personal Information from other Users are prohibited from using the Personal Information in any way other than to assist them in utilizing the Services in the manner specified by their use and functionality.

We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your Account and Personal Information will likely be among the assets transferred.

Retention of Information

We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information, along with any User Content you submit, after you update or delete it, but not in a manner that would identify you or any third party you represent personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, and the right to rectification cannot be enforced after the expiration of the retention period.

Transfer of Information

Depending on your location, data transfers may involve transferring and storing your information in a province or country other than your own. Openfund strives to keep your data within Canada when possible; however, not all third-party services that we integrate with have the capability to store data exclusively within Canada. Your Personal Information may be accessible to law enforcement and/or regulatory authorities according to the applicable laws of these other jurisdictions. By accepting this Policy, you consent to the collection and storage of your Personal Information in such jurisdictions as deemed advisable. Notice of such transfers will be provided to the extent required by applicable law.

Privacy of Children

We do 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 the Website and Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Website and Services, please contact us. You must also be at least 16 years of age to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).

Cookies

The Website and Services use "cookies" to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Session cookies are temporary cookies that are used during the course of your visit to the Website, and they expire when you close the web browser.

Persistent cookies are used to remember your preferences within our Website and remain on your desktop or mobile device even after you close your browser or restart your computer. They ensure a consistent and efficient experience for you while visiting the Website and Services.

Cookies may be set by the Website ("first-party cookies"), or by third parties, such as those who serve content or provide advertising or analytics services on the Website ("third-party cookies"). These third parties can recognize you when you visit our website and also when you visit certain other websites.

We may use cookies to collect, store, and track information for statistical purposes to operate the Website and Services. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features of the Website and Services.

Necessary cookies: Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our Website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the econtent.

Functionality cookies: Functionality cookies let us operate the Website and Services in accordance with the choices you make. For example, we will recognize your username and remember how you customized the Website and Services during future visits.

Analytical cookies: These cookies enable us and third party services to collect aggregated data for statistical purposes on how our visitors use the Website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the Website.

Social media cookies: Third party cookies from social media sites (such as Facebook, Twitter, etc.) let us track social network users when they visit or use the Website and Services, or share content, by using a tagging mechanism provided by those social networks.

These cookies are also used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our and social networks’ privacy policies. We will not collect or share any personally identifiable information from the user.

Do Not Track Signals

Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your personal information.

Email Marketing

Openfund may use your email address to send you newsletters, promotional offers, updates, or other marketing communications related to our services. You can opt out of receiving these communications at any time by clicking the "unsubscribe" link at the bottom of any marketing email or by contacting us directly. Openfund will only send marketing emails to users who have given their explicit consent to receive such communications. Your email address may be shared with third parties for marketing purposes and to provide you with a better experience within Openfund.

Links to Other Resources

The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.

Information Security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.

Data Breach

In the event we become aware that the security of the Website and Services has been compromised or users' Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of significant harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website and send you an email.

Changes and Amendments

We reserve the right to modify this Policy or its terms relating to the Website and Services from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When we do, we will revise the updated date shown above. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Acceptance of This Policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.

Contacting Us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to contact@openfund.ca.