Privacy Policy

PRIVACY POLICY

This Privacy Policy (“Policy”) describes how Openn North America Inc.’s (“Openn”, “we”, “our”, or “us”) privacy practices with regards to information we collect about you when you visit our website, www.opennoffers.ca (the “Website”), the Openn Offers mobile application (the “App”), or otherwise use or interact with the features, products, and offerings available on the Website or App (collectively referred to as the “Services”). We hope that this Policy will assist you to make informed decisions about sharing information with us and using our Services.

This Policy describes how we collect, use, and share your Personal Information, as defined below, and your rights. By accessing or using our Website or Services, you agree to this Policy and our Terms of Use located at https://www.opennoffers.ca/terms-of-use. You should read this Policy and the Terms of Use carefully, as both may affect your rights. If you do not agree with this Policy and the Terms of Use, you must immediately cease use of our Website, App, and Services.

Openn Offers may be used by sellers and their listing agents to list properties for the purpose of obtaining offers from prospective buyers (“Buyers”). The Website and App permit invitees of a seller or listing agent (collectively, “Observers”) to observe the offer process for a particular property when enabled by the seller. As used in this Policy, “User” means a seller, listing agent, Buyer, Buyer’s agent, or Observer. All Users of the Services must register with Openn and create an account.

Personal Information We Collect About You

For purposes of this Policy, “Personal Information” means any data that identifies you or reasonably can be linked to you. Personal Information may include, but is not limited to:

Contact and Identifying Information, such as name, postal or street address, date of birth, phone numbers, and email addresses.
Internet or Similar Network Activity, such as your IP address and activity on our Website or App, as well as your interaction with our advertising and other communications.
Commercial Information, such as information relating to your purchases and services, and purchasing or consuming histories or tendencies.
Location Information, such as information about your location collected from your device when you access our Website or App.
Demographic or Professional and Employment Information, such as information about your professional title, your real estate license number, and information about the brokerage firm with which you are affiliated.
Inferences, such as any inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, or attitudes.

If you have registered to use the Services as a Buyer, we will assign you a unique identifier (a “Unique Identification Number”). You will be assigned a new Unique Identification Number for each property on the Website or App in which you express an interest Your Unique Identification Number is generated at random and cannot be used by third parties to identify you.

How We Obtain Your Personal Information

From You: We may obtain Personal Information that we collect about you from you when you interact with our Services, including when you:
- express an interest in or register for an account to use the Services;
- create a public profile through the Services;
- use the Website, App, or Services, such as launching a property listing, reviewing information in the Services, submitting an offer for a property, and communicating with other Users;
- contact and communicate with us, including through our service center or customer surveys;
- purchase a paid version of the Services; and
- participate in promotions.
From Public Data Sources: We may obtain information from public data sources and public record databases, including, for example, regarding a property.
From Service Providers: Our third party service providers may supply us with information needed for core aspects of our Services. These third-party service providers provide us with payment processing, analytics, data processing, website hosting, email distribution, order fulfillment, customer service, marketing, and other services.
From Our Licensors: Third party licensors, such as multiple listing services, real estate associations, and boards of REALTORS®, license certain data to us used in the Services, which may include Personal Information.
From Other Users: We may receive Personal Information about you from other Users, such as if your real estate broker or agent invites you to use the Services to sell or purchase property, communicates with other Users on your behalf, or uploads documents to the Services which contain Personal Information about you.

Our Use of Personal Information

We may use your Personal Information as follows:

Provide Our Products and Services: We use Personal Information to setup and manage your user account, furnish our Services, verify your identity, fulfill your order, facilitate communications between Users, and to improve the quality and features of the Services. We also may use information to check your eligibility for our Services.
Communicate with You: We use Personal Information to respond to communications, contact you about transactions, send you notices about updates to our Terms of Use or Policy, send you promotional material about our Services, products, or features, notify you of service outages, provide other relevant information, and request information or feedback.
Internal Research: We use Personal Information to conduct internal research to analyze, develop, improve, or repair our Website, App, Services, products, or technology.
Security or Fraud Prevention: We use Personal Information to: (1) analyze and improve the safety and security of the Services, (2) audit compliance, (3) prevent, detect, protect against, or respond to fraud or security incidents, and (4) preserve the integrity or security of systems.
Enforce Our Rights: We may use Personal Information to detect violations of and enforce our Terms of Use, Policy, or other rights.
Legal Compliance: We may use Personal Information to comply with applicable law, regulatory requirements, or a lawful governmental request.

If you purchase paid features of the Services, your payment information is transmitted through the Website or App to our payment processor, Stripe. We do not collect or store your payment information, nor do we have access to that information. You can review Stripe’s privacy policy here: https://stripe.com/us/privacy.

Our Sharing of Personal Information

We do not sell Personal Information, nor do we share Personal Information with third parties for their own marketing purposes. However, we may share any of the categories of Personal Information that we collect as follows:

Service Providers: We engage third parties to act as our service providers and perform certain tasks on our behalf in connection with delivering our Services to you. The tasks performed by service providers include, but are not limited to: (1) processing and storing Personal Information, (2) assisting with marketing communications and advertising and sending administrative communications, (3) processing payment and fulfilling orders, (4) providing technical and customer support, (5) analyzing, monitoring, and improving the Website and App and their security, (6) providing technology services, including to assist with our Website or App. We provide service providers with the Personal Information required to perform the tasks for which they have been engaged. We take reasonable steps to ensure that our service providers are contractually obligated to keep Personal Information confidential and only utilize the Personal Information as permitted.
Partners and Affiliates: We share Personal Information with our affiliates and third party partners who provide information or services available through the Services, including without limitation multiple listing services and boards of REALTORS® with whom we have contracted. We take reasonable steps to ensure that the entities to whom we share your Personal Information keep the information confidential and only use it as permitted.
With Your Consent: If you specifically direct us to share your Personal Information with a third-party, such as when you request that we send your Personal Information to a mortgage or insurance provider for the purpose of obtaining a quote, we will do so with your consent.
Enforce our Policies: We may share your Personal Information where necessary to fulfill our contractual obligations to you or prevent or investigate a violation of or enforce our Terms of Use.
Other Legal Purposes: We also may share Personal Information: (1) to respond to subpoenas, court orders, or other legal process or otherwise as required or allowed by law or the competent governmental or judicial authorities; (2) to cooperate with law enforcement, government or regulatory entities, and safety or investigation authorities; (3) to establish or preserve a legal claim or defense; (4) detect and remediate suspected fraud and security incidents; and (5) to protect our rights property, and security, or to protect the rights, property, and security of any person.
Business Transfers: We may share your Personal Information in connection with a corporate restructuring, sale of assets, merger, acquisition, or divestiture.
Other Users: When you use the Services, some Personal Information may be shared with or displayed to other Users, such as when you launch a property listing, create a public profile, submit or accept an offer, invite others to use the Services, or communicate with other Users. The amount of your Personal Information that is shared with other Users depends on whether you register to use the Services as seller, listing agent, Buyer, Buyer’s agent, or Observer.
- If you are a Buyer, we share some Personal Information about you with the seller and listing agent where your offer has been accepted, and with your Buyer’s Agent. During the offer process, only a Buyer’s Unique Identification Number is shared with other Buyers, and Observers, if the seller has chosen to enable Observers and selected a transparency level that permits the display of Unique Identification Numbers to Observers. The transparency level selected by the seller will be displayed on each property listing in the Services. We do not share the name or contact information of a Buyer with other Buyers or Observers.
- If you are a Buyer’s Agent, we share some Personal Information about you with the Buyer with whom you have entered into an agency relationship, and the seller and listing agent, where your Buyer’s offer is accepted.
- If you are a seller, we share some Personal Information about you with your listing agent and with a Buyer and Buyer’s Agent, where you have accepted the Buyer’s offer.
- If you are a listing agent, some Personal Information about you may be displayed to all Users for the purpose of identifying you as the listing agent for the property or promoting your public profile.
- If you are an Observer, we share some Personal Information about you with the listing agent.

Non-Personal Information or deidentified data, such as an offer amount, time of offer, and aggregated information about offers made may be displayed (i) to other Users, and (ii) publicly by Openn and/or its third-party licensees, where enabled by the seller.

Use of Cookies and Similar Technology

When you visit our Website or App, our server may attach a cookie to your computer’s memory. A “cookie” is a small data file that is placed on your computer or device when you visit a website or application. Cookies help us remember information about you, recognize your computer or device, assist with logging in to the Services, customize certain features of the Services, monitor User interaction with Website or App, and identify the pages that may be of most interest. We may combine or link this information to Personal Information we hold about you. If we do, that information will become Personal Information, and will be treated in the same manner as the Personal Information to which it was linked.

We use cookies on the Website and App and allow our analytics provider to use third party cookies to collect Usage Data, as defined below. Some cookies are essential to the performance of the Website or App and cannot be disabled. You may be able to configure your browser to reject or disable non-essential cookies. Please note that if you disable cookies some features of the Services may not operate as intended.

We may also use web beacons on the Website or App or in emails we send to you. Web beacons, also known as clear gifs or pixel tags, are clear image files that track User interaction with the Website, App, or emails we send to generate and compile statistics, improve content, and monitor usage. Web beacons do not store data on your computer or device and do not contain Personal Information.

Usage Data

We automatically collect certain information about you when you visit, use, or interact with the Website, App, or Services (“Usage Data”). Usage Data is anonymous or aggregated information and cannot be used to identify you, personally. Usage Data may include:

Information about your computer, mobile phone, tablet, or other device used to access the Website, App, or Services, such as its hardware information, operating system, browser, and IP address; and
Information about your interaction with the Website, App, or Services, such as pages visited, date and time of visit, duration of visit, links clicked, referring or exit websites, and the country and location from which you visited the Website or App.

Usage Data also includes data about you that has been de-identified or aggregated so that it cannot reasonably be linked to you.

We use Usage Data to monitor and analyze how Users interact with the Website, App, and Services, improve the Services and related features and offerings, analyze trends, enhance the security of the Website and App, and any other purpose not prohibited by law. We may share Usage Data with third parties where permitted by law.

Security of Your Personal Information

We use commercial reasonably physical, technical and administrative safeguards and security measures to reduce the risk of loss, misuse, theft, copying, unauthorized access, alteration, modification, disclosure, or destruction. Please note, however, that no electronic transmission over the Internet or information storage technology is 100% secure. We cannot promise or guarantee that transmissions to and from the Website or App and storage of Personal Information will be free from unauthorized access by third parties. You submit Personal Information at your own risk. You should only access the Services within a secure environment.

It is your responsibility to protect and secure your username and password to use logon to the Services. If you believe your login information has been compromised, you should immediately change your password and notify us.

Data Retention

We strive to retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which we obtained the information or as otherwise required by law or contract. When we no longer have a purpose for retaining your Personal Information, we may anonymize your data so that it cannot be used to personally identify you or will permanently erase it. Anonymized or de-identified data may be retained indefinitely.

Third Party Websites and Applications

Our Website or App may contain links to websites, applications, or services operated or hosted by third parties. This Policy only applies to the Website and App and does not apply to any third party sources. We do not control or endorse those third-party websites, applications, or services, nor are we responsible for their collection, use, or disclosure of your Personal Information. Any data collected through third party websites or applications shall be subject to the privacy practices of the third party, and you should review their privacy policies of these third parties prior to sharing any data.

Your Rights and Choices

Your choices regarding our use of your Personal Information for marketing:

We give you certain choices regarding our use and disclosure of your Personal Information for promotional purposes. You may opt-out from receiving electronic communications from us by contacting us at the information contained in the “Contact Us” section below. If you no longer want to receive promotional-related emails from us, you may opt-out according to instructions in such communications. Please note that if you opt-out of receiving marketing-related messages, we may still send you important administrative messages.

Access, change or deletion of Personal Information

To the extent the rights are provided to you by applicable law, if you would like to request to review, correct, update, or delete Personal Information that you previously have provided to us, please contact us at the information contained in the “Contact Us” section below. You can correct or update some Personal Information we hold about you by logging onto your account and changing the information in your profile. We will respond to your request consistent with applicable law. Please note that we may act as a service provider in various functions, and that requests to correct, update, or delete Personal Information may be transferred to a data controller to respond accordingly. We may require that you verify your identity before we allow you to review, correct, update, or delete Personal Information. Please note that we will be unable to delete some of your Personal Information if it is required to fulfill our contractual obligations to you or comply with applicable laws or regulations.

Rights of Canadian Residents

This section applies to individuals who are located in Canada.

Our processing of Personal Information of residents of Canada is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) and other provincial laws, where applicable.

Your Rights

Right to Access

You have the right to request access to the Personal Information we hold about you. You can access some of your Personal Information by logging on to your account or by sending a description of the information you would like to access and proof of your identity to us.

Right to Correct Inaccuracies

You have the right to correct inaccurate Personal Information we hold about you by logging on to your account or sending us a request. We are not responsible for the correction of your Personal Information provided to us by third parties. You must contact the third-party in order to update your Personal Information.

Right to Withdraw Consent

Where we have relied on your consent to collect and process your Personal Information, you have the right to withdraw consent at any time, subject to some legal and contractual restrictions and reasonable notice. Please note that withdrawing consent may affect your ability to access the Website or App and our ability to provide the Services to you.

Making a Request

There are certain exemptions and restrictions of these rights under Canadian privacy laws that enable Personal Information to be retained, processed or withheld from access, and we will inform you of these exemptions and restrictions, if applicable.

Rights of EU and UK Data Subjects

This section only applies to individuals who are located in the EEA or UK.

Our processing of Personal Information of EEA residents is governed by the General Data Protection Regulation (GDPR), and our processing of Personal Information of UK residents is governed by the UK General Data Protection Regulation (UK GDPR). The GDPR and UK GDPR require that we provide you with additional disclosures set forth in this section.

Lawful Basis for Use of Personal Information

We generally act as a data controller of your Personal Information submitted to us. We may only collect and process your Personal Information where we have a lawful basis to do so.

We will collect and process your Personal Information for our legitimate business interests, such as preventing fraud, managing the Services, and detecting, preventing, mitigating, and investigating security incidents.

Where we have contracted with you, we will need to collect and process your Personal Information in order to fulfill our contractual obligations, such as to provide you with the Services, process payment, and provide support. Where we need to collect Personal Information by law or under the terms of a contract we have with you, and you fail to provide that Personal Information when requested, we may not be able to provide you with our products or services.

We will collect and process your Personal Information to comply with an applicable legal or regulatory obligation, such as to maintain internal records, defend our legal rights, and comply with applicable law.

We also may rely on your consent to collect, use or disclose your Personal Information. If we are relying on your consent to process your Personal Information, you have the right to withdraw your consent at any time by contacting us at the information below.

We make sure we consider and balance any potential impact on you and your rights before we process your Personal Information. We do not use your Personal Information for activities where our interests are overridden by the impact on you unless we have your consent or are otherwise required or permitted to by law. In certain circumstances, we act as a data processor on behalf of real estate agent partners, and, in those circumstances, we process your Personal Information for the purposes set out in this Policy consistent with the data processing terms of those partners.

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 explain the legal basis that allows us to do so.

Special Category Personal Information

We do not process special category Personal Information (which is also sometimes referred to as sensitive data), which would include data related to an individual’s race, ethnic origin, political or religious beliefs, trade union membership, genetic data, biometric data, sexual orientation, or information about sex life.

Complaints

If you are located in the EU and have any complaints regarding our privacy practices as a data controller, you have the right to make a complaint at any time to your local Supervisory Authority. However, we would appreciate the chance to address your concerns before you approach your Supervisory Authority, so please contact us first at the information below.

If you are located in the EEA, to locate the supervisory authority in your country, please see https://edpb.europa.eu/about-edpb/about-edpb/members_en for a list of supervisory authorities. If you are located in the UK, the supervisory authority is the Information Commissioner’s Office (ICO). You can obtain information on how to submit a complaint to the ICO here: https://ico.org.uk/make-a-complaint/

Your Rights

Right to Access and Portability

You have the right to request access to the Personal Information we hold about you in a commonly used and machine-readable format, or to have us transmit your Personal Information to another organization. You can access some of your Personal Information by logging on to your account or by sending a description of the information you would like to access and proof of your identity to us.

Right to Have Data Rectified

Right to Erasure

If you would like us to erase Personal Information we hold about you, please contact us as detailed below. Please note that we may not be able to erase all Personal Information in certain situations where required or allowed by law.

Right to Not be Subject to Automated Decision-Making

You have the right not to be subject to a decision based solely on automated processing, including profiling. We do not engage in automated decision-making.

Right to Restrict Processing

You have the right to require us to restrict processing of your Personal Information in certain circumstances.

Right to Object

You have the right to object to our use of Personal Information: (i) at any time to processing of your Personal Information for direct marketing, and (ii) in certain other situations, to our continued processing of your Personal Information carried out for the purpose of our legitimate interests.

Making a Request

If you would like to request, please contact us as detailed in the “Contact Us” section below. We will need enough information to ascertain your identity as well as the nature of your request. We will aim to respond to your request within one (1) calendar month of receipt of the request. Where we were unable to do so within the calendar month, we will notify you of the soonest practicable time within which we can respond to your request (and within three (3) months from the date of your request).

There are certain exemptions and restrictions of these rights under the European data privacy laws that enable Personal Information to be retained, processed or withheld from access and we will inform you of these exemptions and restrictions, if applicable.

International Data Transfers

Our website is operated from our facility within the United States of America (USA) and Canada. Personal Information collected on this Website may be stored, processed, and transferred to our facilities and our service providers in the USA and Canada. By using the Website or App, you consent to any such transfer or storage of your information outside of your country.

We make no representation and take no responsibility for any applicable laws and regulations outside the USA. If you are located outside the USA, data security laws in the USA may not offer as much protection as the laws in your country of residence. Your Personal Information may be subject to access by the US government, courts, law enforcement, or regulatory agencies. By providing any Personal Information to us, you consent to the transfer of your information to, and the storage of your information on, servers located in the USA. Persons who choose to access the Website or App from locations outside the USA do so at their own discretion and initiative and are responsible for compliance with local applicable laws.

We use Standard Contractual Clauses to meet the adequacy and security requirements for our customers that operate in the European Union and the United Kingdom and make transfers of Personal Information from those jurisdictions to the United States and other countries that lack adequacy determinations. Please contact us as detailed in the “Contact Us” section below for more information.

If you are located in Canada, you can contact us using the information in the “Contact Us” section below for information about our policies with respect to transfers of Personal Information to service providers and third parties outside Canada.

Personal Information Concerning Children

Our Website or App is not intended for anyone under the age of 16. We do not knowingly collect Personal Information on our Website or App from individuals under the age of 16. If you are under 16, please do not use or provide any information on our Website or App or provide us with any Personal. If we learn we have collected or received personal information from a child under 16, we will delete that information as soon as possible. If you believe we might have any information from or about a child under 16, please contact us using the information below.

Do Not Track

Certain web browsers feature a “Do Not Track” tool which sends a signal to the website not to track the user’s browsing activity on the website and across the Internet. Because there is not a universal understanding of how to respond to “Do Not Track” signals, our Website does not recognize or respond to such “Do Not Track” requests from Internet browsers or mobile devices. However, we only track your activity on our Website and App for analytics purposes and do not track your activity across the Internet, nor do we allow third parties to do so.

Updates to the Policy

We may update, revise, or modify this Policy periodically as we offer new products and services, and as our privacy practices change. We will notify you of updates to this Policy by posting the new Policy here and updating the “Last updated” noted below. Any changes will become effective upon posting of the revised Policy. By continuing to use the Website, App, or Services after the new Policy has been posted, you accept the revised Policy.

Your California Privacy Rights

This section only applies to California residents.

Under California Civil Code Section 1798.83 (the “Shine the Light” law), California residents have the right to request in writing from us: (a) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to the customer, that we have disclosed to third parties for marketing purposes during the immediately preceding calendar year, and (b) the names and addresses of all such third parties. To request the above information, please send us a request using the ‘Contact Us’ information below.

Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

Contact Us

Openn North America Inc.

Attn: Darren Bromley, Privacy Officer

1340 Reynolds Ave #116-1095, Irvine, CA 92614

darren.bromley@openn.com

Last updated: March 23, 2023