Legal & Privacy

Privacy Notice

OpScale Exchange, LLC (“OpScale”) recognizes that privacy is important and is committed to maintaining the privacy of personal information collected at this website. Unless you have “opted out” of receiving direct marketing contacts (as described below), when you provide any of the information described in this Privacy Notice (including information that may be automatically generated), you consent to the use and disclosure of that information as described by this statement. This Privacy Notice describes the personal information that OpScale collects and the uses that OpScale will make of that personal information.

Information we collect and how we use it:

PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual. We may collect personal information that identifies you as an individual, such as:

OpScale collects personal information when you participate in various opportunities that we provide, for example:

When you create an account on the website;
When you register for communications or other subscriptions through this website, Twitter, Facebook, Instagram or any other digital media, or social media application;
When you make a request;
When you participate in a contest, promotion, sweepstakes, survey or other promotion;
When you participate in a contest, promotion, sweepstakes, survey or other promotion; • When you participate in a blog or forum; and
When we conduct market research or when we meet you at a social or other event.

We may combine personal information that we collect about you with personal information you provide to us through other sources, such as our third-party property management services or payment applications, phone call or in-person inquiries or marketing events. We will use the combined personal information in accordance with this Privacy Notice for as long as it is combined.

OTHER INFORMATION

Other Information We Collect

“Other Information” is any information that does not reveal your specific identity or relate to you as an identifiable individual. Other Information is anonymous data.

Other Information includes:

How We Collect Other Information

OpScale and OpScale’s third-party service providers may collect Other Information in a variety of ways, including:

Certain information is collected by most browsers and devices, such as your Media Access Control (MAC) address, computer type, screen resolution, operating system version, device manufacturer and model and Internet browser type and version.

When you download and use an App, we and our service providers may track and collect App usage data, such as your location, or the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

The physical location of your device and its associated date and time is collected by satellite, cell phone tower, Wi-Fi signals or other technologies. We may use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our partners may not be able to provide you with the applicable personalized services and content.

Information such as your location as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Site or App.

Aggregated Personal Information does not personally identify you or any other user of the Site or App. For example, we may use Personal Information to calculate the percentage of OpScale clients or interactors who have a particular telephone area code or who use an Android device or an iOS device.

Please continue reading to learn how we use cookies and similar tracking technologies.

How We Use and Disclose Other Information

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. If we are required to treat Other Information as Personal Information under applicable law, then we use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Notice.

In some instances, we combine Other Information with Personal Information, such as combining your name with your geographical location. If we combine any Other Information with Personal Information, such as when we combine information you provide upon registration with Other Information to provide you with targeted personalized marketing, the combined information will be treated by OpScale as Personal Information.

Automatically Collected Information

We may passively collect information that is automatically sent to us by your web browser or your internet service provider. This information typically includes your domain name, your username, and your numerical IP address. The amount of information sent by your web browser depends on its settings. Please refer to your browser if you want to learn what information it sends. We use this type of information to see which web pages you visit at our website, which website you visited before coming to our website, and where you go after you leave our website. We can then develop statistics that help us understand how our visitors use our website and how we can improve it.

When you submit a question or a suggestion using this website, you will be required to provide information that we need to complete your request, including your name, address, phone number, and email address. We may have collected similar information from you in the past.

Cookie Generated Information

We may actively obtain information about you by installing a marker on your computer commonly called a “cookie”. Cookies enable us to know you by a computer-generated, unique identifier. By providing you with a unique cookie, we are able to create a database of your previous choices and preferences, and in situations where these choices or preferences need to be collected again; they can be supplied by us automatically, saving you time and effort. Your computer may be specially configured to reject cookies; please refer to your browser for more information. Many websites of companies associated with OpScale will allow you to visit without accepting cookies, but some features of our websites may not work properly if you choose to reject cookies.

User Generated Information

We collect information at this website when you contact us and when you respond to surveys, questionnaires, or enter contests, sweepstakes, or giveaways that we might make available. If you provide us with your e-mail or e-mail us directly, you are voluntarily releasing the content of your e-mail to us (including your e-mail address). If you answer questions we placed on the website page or a social media site, you are also voluntarily releasing that information to us. You may decide not to answer any questions presented to you at our website or on a social media site; if you do, you may still continue your visit, but we may elect not to provide you with services, opportunities, responses or features related to the questions you choose not to answer.

How Information is Used and Shared

We may use Personal Information for one or more of the following purposes:

Respond to your inquiries; collect your suggestions, and fulfill your requests, such as to send you e-mail alerts, and contact you to answer any questions to the extent possible.
Send you important information regarding our products, affiliated products, options to attach to our products, maintenance issues, the website or terms, conditions, and policies and/or other administrative information.
Complete and fulfill your request or inquiry, for example, to communicate with you regarding your questions about our products, to answer to your questions, and to provide you with related service and assistance, if any.
Send you marketing communications that we believe may be of interest to you, including information about upcoming opportunities, invitations, events, apps, and exclusive deals.
Personalize your experience on the website by presenting opportunities, products and offers tailored to you.
Allow you to participate in surveys, sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we recommend that you read these rules carefully.
Allow you to communicate and interact with others through the website and through a portal or other group communication platform we might provide (for example, through a blog, dashboard, message board, messaging functionality, chat functionality, profile or other social media).
Enable our business purposes, such as data analysis, audits, researching and developing new products and services, enhancing this website, improving our services, developing marketing events, identifying usage trends and determining the effectiveness of our promotional campaigns. We may analyze aggregated demographic information and personal information for historical, statistical, or scientific purposes, or we may store the personal information for your convenience should you return to this website in the future
As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process and for any legal purpose (other than credit information); (c) to investigate security breaches; (d) to respond to requests from public and government authorities; (e) to enforce our terms and conditions; (f) to protect our operations; (g) to protect our rights, privacy, safety or property, you or others; and (h) to allow us to pursue available remedies or limit the damages that we may sustain.

In the course of any of these activities, we may transmit any of the information we have collected with affiliates or third parties. We may disclose your information to companies and individuals we employ to perform business functions on our behalf. An example of a third party that could receive your personal information is a data processing contractor that operates computer systems on our behalf or a company with whom we transact business or associate with for the purposes of aggregating and analyzing demographic information, offering certain products, services, a contest, sweepstakes, or other promotion event or facilitating a product sale or investment opportunity.

Additionally, we might establish a business relationship with other persons or entities whom we believe are trustworthy and whom we understand their privacy policies to be consistent with ours. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you.

To serve you better, we may combine information you give us online, in person or through direct mail. We may also combine that information with publicly available information and information we receive from or cross-reference with affiliates or third parties, including providers of third-party cookie and other third party browsing and use data.

We use this combined information to enhance and personalize the experience of you and others with us, and to recognize our customers so that we can communicate with you directly about our properties, services, and events that may be of interest to you, and for other promotional purposes.

By using this website, you agree to the terms of this Privacy Notice. By agreeing to the terms of this Privacy Notice, you are consenting to our continued use of previously collected information under the terms of this Privacy Notice.

The California Consumer Privacy Act (“CCPA”) gives California residents the right to opt out of the “sale” of their personal information. OpScale does not sell Personal Information in the traditional sense; that is, we do not generate revenue from disclosing your data. However, in order to provide you with the services or information you request, we may share information with third parties, or they may automatically receive certain limited information associated with you as part of your use of our services, as described above. We also may share information, including contact information, with third parties as set forth in this Privacy Notice, which might be considered a “sale” under California law.

California Consumers who wish to opt out of the sale of their Personal Information may opt out as described in the section titled “Opt Out” in this Privacy Notice or email us at privacy@opcaleexchange.net

Direct Marketing

We may use all information collected at this website for direct marketing and e-marketing purposes including the sharing of the information with our affiliates or third parties unless you specifically request that it not be used for that purpose.

Links to Other Sites

For your convenience, our website may contain certain hyperlinks to other websites as well as to third party websites. This Privacy Notice applies only to information collected on this website and not to information collected on linked sites. We encourage you to be aware when you leave this website and to read the privacy statements of each and every linked site that collects your personal information.

Children's Information

We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities. We do not target our websites to children less than 16 years of age or knowingly collect information from children for the purpose of selling products or services.

Privacy Information for California Residents

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the CCPA).

Categories of Personal Information We Collect. Throughout this Privacy Notice, we discuss information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. Depending upon the types of services you use, the categories we collect are:

Customer Records Information, including personal and online identifiers (such as name, address, email address, device ID, physical characteristics or description, employment information);
Financial data (such as payment information);
Financial data (such as payment information);
Financial data (such as payment information);
Internet or other network or device activity (such as information related to your browsing history and the device(s) you use to access the website);
Geolocation information (e.g., your city and state inferred from IP address);
Demographic information (e.g., such as age, and gender).
Other information that identifies or can be reasonably associated with you.

Use of Personal Information. We may use, or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to make a purchase or ask a question about our products or services, we will use that personal information to respond to your inquiry.
To identify business opportunities for third party partners.
To create, maintain, customize, and secure your account with us.
To process your requests, purchases, transactions, and payments and prevent transactional fraud.
To provide you with support and to respond to your inquiries.
To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or when we notify you of other uses at the time of collection, or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of OpScale’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by OpScale is among the assets transferred.

We may share or disclose such aggregate or anonymous information with any third party, including advertisers and affiliates.

Depending on the circumstances, we may share any of the above categories of information we collect with: business partners to provide you with services that you request; service providers; other parties, including government entities, when required by law or to protect our users and services; or in connection with a corporate transaction. In addition, we may share commercial information and financial data, including your payment information, with payment processors, and we share device information and identifiers and internet or other network or device activity with entities that provide content and functionality. See the above sections for more information.

Notice of Right to Opt Out of Sale of Personal Information.

California residents may opt out of the “sale” of their personal information. California law broadly defines “sale” in a way that may include when we share your information with third parties to provide you with offers and promotions that we believe may be of interest to you. It also may include allowing third parties to receive certain information, such as cookies IP address and/or browsing behavior, to deliver targeted advertising on our site or on other services.

We may provide the following categories of information to third parties for these purposes:

If you would like to opt out of our use of your information for such purposes that are considered a “sale” under California law, you may submit a sale opt-out request by emailing us at privacy@opcaleexchange.net

Your California Privacy Rights

If you are a California resident, the CCPA provides you with certain rights regarding the information we have about you. Specifically, the CCPA allows you to request:

Information about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Privacy Notice.
Provide access to and/or a copy of certain information we hold about you.
Delete certain information we have about you.
Provide you with information about the financial incentives that we offer to you, if any.

Information about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Privacy Notice.

We will consider all requests and respond during the applicable time period. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information or to comply with a legal obligation. Depending on the sensitivity of the information sought, we also may take steps to verify your identity before responding to a request, which might include, at a minimum, verifying your name, email address, and date of birth. You are also permitted to designate an authorized agent to submit certain requests on your behalf. An authorized agent must have a signed, written permission from you or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

Additionally, exercising your deletion rights may mean that you may no longer be able to use portions of OpScale’s service that require personal information to function (e.g., if you register for an account, you cannot delete your username and password if you want to maintain your account).

If you would like further information regarding your legal rights under California law or would like to exercise any of them, please contact us at privacy@opcaleexchange.net

Shine the Light Disclosures. If you reside in California, you may request certain general information regarding our disclosure of personal information during the preceding year to third parties for their direct marketing purposes. To make such a request, please write to us at privacy@opcaleexchange.net

Privacy Information for Nevada Residents

Under Nevada law, Nevada residents who have purchased goods or services from us may opt out of the “sale” of “covered information” (as such terms are defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. In some circumstances, we may share your information with certain third parties that we believe can provide you with offers and promotions for products and services of interest to you. This sharing may qualify as a sale under Nevada law. If you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt out of “sales” activity emailing us at privacy@opcaleexchange.net. Please note we may take reasonable steps to verify your identity and the authenticity of the request.

“Do Not Track” Signals

Our systems do not recognize “Do Not Track” signals, but third-party companies who use cookies or beacons on our web sites enable you to opt out of certain behavioral advertising. We provide you with additional tools to opt out of marketing from us or certain transfers of your information. You can learn about this in the “Opting Out” section of this Privacy Notice.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or allowed by law.

The criteria used to determine our retention periods include:

Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
The length of time we have an ongoing relationship with you and provide requested services or information to you;

Information Security

We use commercially reasonable methods consistent with industry practice to protect your personal information from unauthorized access or disclosure. While we consider these policies and procedures to be adequate, there is still a risk that your personal information could be misappropriated. No method of transmission over the internet, or method of electronic storage, is completely secure. Therefore, we cannot guarantee the absolute security of your Personal Information. If you have any questions about security on our site, you can send an email to us at email address specified below.

Changes in this Privacy Notice

We reserve the right to modify this Privacy Notice at any time, so please review it frequently. If we make material changes to this notice, we will notify you here, by e-mail, or by means of a notice on our home page.

Opt Out

If you do not want us to use your Personal Information as described in this statement, please contact us at privacy@opcaleexchange.net Please note that we will not be able to process questions or contact you without your Personal Information.

Cross-Border Transfer

Your Personal Information might be stored and processed in any country where we have operations, property developments, or where we have engaged a service provider, including the United States, which may have different data protection rules than in your country.

If you are located in the European Economic Area (“EEA”): Some non-EEA countries are recognized by the European Commission (“EC”) as providing an adequate level of data protection according to EEA standards. For transfers from the EEA to countries not considered adequate, please contact us to work with you to put in place adequate measures.

Contact Us

If you have any questions, comments, or would like to request access to the information OpScale has gathered about you at this website by contacting us at privacy@opcaleexchange.net.

Information Request Center

Attention: OpScale Privacy Lead

E-mail: privacy@opcaleexchange.net