Openfinance Privacy Policy

We value your privacy

Last Modified: January 2020

1. Introduction

This Privacy Policy describes how Openfinance Technologies, LLC, CFX Direct, LLC and Openfinance Securities, LLC collect and use Personal Data about you through the use of our Websites and through email, text, and other electronic communications between you and us.

Openfinance Technologies, LLC, CFX Direct, LLC and Openfinance Securities, LLC (collectively, "Openfinance," "we," "our," or "us") respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy (our "Privacy Policy") describes the types of information we may collect from you or that you may provide when you visit the website https://app.openfinance.io (the "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• on our Websites;
• in email, text, and other electronic messages between you and our Websites; and

It does not apply to information collected by:

• us offline or through any other means, including on any other website operated by Openfinance or any third-party (including our affiliates and subsidiaries); or
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Websites.

For information about how we collect, use, and share your financial information, please refer to our Financial Privacy Notice.

Please read this Privacy Policy and our Financial Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using these Websites, you agree to this Privacy Policy and the Financial Privacy Notice. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Data Controller, Data Protection Officer, and Representative

Openfinance is the data controller of the Personal Data you provide on the Websites. At this time, Openfinance does not have a Data Protection Officer or EU representative.

Openfinance is the data controller of your Personal Data. At this time, Openfinance has not appointed a Data Protection Officer or a representative in the EU. Openfinance will promptly update this Privacy Policy in the event it does appoint a Data Protection Officer or an EU representative.

3. Children Under the Age of 18

Our Websites are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Websites. We will remove any information about a child under the age of 18 if we become aware of it.

Our Websites are not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Websites. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on our Websites or on or through any of its features/register on the Websites, make any purchases through the Websites, use any of the interactive or public comment features of our Websites or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us by email at help@openfinance.io or by visiting the “Contact Us” section of the “Support” page of our Websites.

4. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information from and about users of our Websites (“Personal Data”):

• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, photos and other images, social security number, bank or financial account information, salary and other employment information, date of birth, passport number, driver’s license information and other government identification numbers, salary or other personal financial information, including investment history and experience level, owned assets, investment goals and preferences, and partnership information, or ANY OTHER INFORMATION THE WEBSITES COLLECT THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW;
• that is about you but individually does not identify you, such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites; or
• about your internet connection, the equipment you use to access our Websites and usage details.

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the Websites. Information collected automatically may include usage details, IP addresses, and information collected through cookies; and
• From third parties, for example, our business partners and affiliates.

Information You Provide to Us

The information we collect on or through our Websites are:

• information that you provide by filling in forms on our Websites. This includes information provided at the time of registering to use our Websites or services, posting material, or requesting further services. We may also ask you for information when you participate in a promotion sponsored by us, and when you report a problem with our Websites;
• records and copies of your correspondence (including email addresses), if you contact us;
• your responses to surveys that we might ask you to complete for research purposes or to improve our Website and services;
• details of transactions you carry out through our Websites and of the fulfillment of our services. You may be required to provide financial information before using our services on our Websites;
• your search queries on the Websites; and
• Information regarding your investment profile, history, and tendencies, including: your relationship to the Financial Industry Regulatory Authority (FINRA); if you are a 10% shareholder in a publicly owned company; your years of experience trading Real Estate Investment Trusts (REITs), Alternative Assets, Limited Partnerships and Individual Stocks; your Risk Tolerance; your Investment Objective; if you consulted an advisor before trading; if you are an accredited investor; and, if you are an international user, documents to prove their country or residency.

The Personal Data we collect from you is required to enter into a contract with Openfinance, for Openfinance to perform under the contract, and to provide you with our products and services. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

• of your visits to our Websites. We collect traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, and other communication data and the resources that you access and use on the Websites; and
• Information about your computer and internet connection, i.e. your IP address, operating system, and browser type.

The information we collect automatically may include Personal Data, or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service by enabling us to:

• better avoid fraud or illegal use of our services;
• better provide our services to you;
• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Websites according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Websites.

Details about the automated data collection technologies and the specific cookies that we use can be found in our Cookie Policy.

5. Lawful Basis for Processing Your Personal Data

We have a lawful basis for our processing of your Personal Data, including processing for our legitimate interests (when balanced against your rights and freedoms), to fulfill our obligations to you under a contract with you, and required by law, and with your consent.

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

• Consent. By using our Websites, you consent to our collection, use, and sharing of your Personal Data as described in this Privacy Policy. If you do not consent to this Privacy Policy, please do not use the Websites;
• Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Our legitimate interests are to: facilitate communication between Openfinance and you; detect and correct bugs and to improve our Websites; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other financial crime; promote and market our business; check your credit, financial and investment history and perform risk assessments; perform employment screening and to manage our workforce, assets, and business; develop our product and services; and to verify users’ identities and to comply with state, federal, and international laws and regulations
• To Fulfill Our Obligations to You under our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you. This includes administering, recording, and tracking your use of the services;
• As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspections, audits, and other valid requests from government or other public authorities; to respond to legal process such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

6. Special Categories of Information

We generally do not request you provide and do not process any special categories of Personal Data.

Openfinance does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.

7. Automated Decisions Making

We may process your Personal Data with automated decision-making processes. A high-level description of the algorithms we use below.

Our processing of your personal data may include automated decision making, including profiling, which may produce a legal effect concerning you or similarly significantly affect you. The algorithms used for our automated decision making are utilized in a variety of ways, including matching Openfinance platform users with securities which regulations provide them eligibility to trade.

8. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

• to present our Websites and their contents to you;
• to provide you with information, products, or services that you request from us;
• to register and service your online account;
• to contact you about or in response to a request;
• to process, fulfill, and administer transactions and orders placed through our Website;
• to administer surveys, sweepstakes, promotions, and contests;
• to fulfill any other purpose for which you provide it;
• to verify users’ identities and to comply with state, federal, and international laws and regulations;
• to detect and prevent fraud and abuse of our Websites and services;v
• to provide you with notices about your account, including expiration and renewal notices;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Websites or any products or services we offer or provide though them;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.

With your consent, we may also use your information to contact you about our own goods and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request at help@openfinance.io. For more information, see Choices About How We Use and Disclose Your Information.

9. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide as described in this Privacy Policy:

• to our subsidiaries and affiliates;
• to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. These entities provide IT and infrastructure support services, marketing and customer management services, financial and payment processing services, and compliance and fraud detection services.
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Openfinance Technologies, LLC, CFX Direct, LLC and Openfinance Securities, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Openfinance Technologies, LLC, CFX Direct, LLC and Openfinance Securities, LLC and about our Websites’ users is among the assets transferred;
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our terms of service and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Openfinance, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

10. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Data for third-parties to advertise to you, our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

• Promotional Offers from Openfinance. We will only use your email address and contact information to promote our own products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Websites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to help@openfinance.io. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to Openfinance as a result of a product service experience or other transactions.

You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

11. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under applicable data protection laws, including the right to access and update your Personal Data, restrict how it is used, transfer certain Personal Data to another controller, withdraw your consent at any time, and the right to have us erase certain Personal Data about you. You also have the right to complain to a supervisory authority about our processing of your Personal Data.

Applicable data protection laws may provide you with certain rights with regards to our processing of your Personal Data.

• Access and Update. You can review and change your Personal Data by logging into the Websites and visiting your “profile” page. You may also notify us by email at help@openfinance.io or by visiting the “Contact Us” section of the “Help” page of our Websites of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
• Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing but we have retained it as permitted by law.
• Portability. To the extent the Personal Data you provide Openfinance is processed based on your consent or that we process it through automated means, you have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
• Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
• Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies.
• Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
• How You May Exercise Your Rights. You may exercise any of the above rights by contacting us by email at help@openfinance.io or by visiting the “Contact Us” section of the “Help” page of our Websites. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements. Please note that if you make unfounded, repetitive, or excessive requests (as determined in our reasonable discretion) to access your Personal Data, you may be charged a fee subject to a maximum set by applicable law.

12. Do Not Track Signals

We currently do not honor do-not-track signals that may be sent by some browsers.

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

13. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites confidential.

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Websites. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

14. Consent to Processing of Personal Data in the United States

We may process your Personal Data outside of your home country, including to the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Data.

If you are a resident of the European Economic Area (“EEA”), in order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data.

Your Personal Data is transferred by Openfinance to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Websites, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Websites. To ensure your Personal Data (other than Personal Data you provide directly to us on our Websites) is treated in accordance with this Privacy Policy, Openfinance uses Data Protection Agreements between Openfinance and all other recipients of your data that include, where applicable, the Standard Contractual Clauses adopted by the European Commission (the “Standard Contractual Clauses”). The European Commission has determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data. Under these Standard Contractual Clauses, you have the same rights as if your data was not transferred to such third party. You may request a copy of the Data Protection Agreement by contacting by email at help@openfinance.io or by visiting the “Contact Us” section of the “Help” page of our Websites.

15. Data Retention Periods

Openfinance will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:

• for as long as necessary to comply with any legal requirement;
• on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
• for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
• for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

16. Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Websites. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Websites’ home page. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account or through a notice on the Websites’ home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes.

17. Contact Information

You may contact us through the contact information below or through the “Support” page on our Websites.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, please contact us by email at help@openfinance.io or by visiting the "Contact Us" section of the "Help" page of our Websites.

Additional Contact Information for Openfinance

Attn: Openfinance - User Support
222 W. Merchandise Mart Plaza
Suite #1212
Chicago, IL 60654
United States
1-888-925-4888
help@openfinance.io