Effective Date: January 28, 2016
This Privacy Notice outlines the types of Personal Information and Automatically-Collected Information (defined below) Open Connectivity Foundation, Inc. ("OCF," "we," "us," and "our") collects and how we use it. This Notice applies to the data collected through your use of our websites oneIoTA.org ("Site"), whether you merely access and browse the Site or whether you actively provide Personal Information through the Site.
1. Your Agreement. When you use the Site, you, on behalf of yourself and any entity you represent, signify that you have read, understand, and agree to this Notice; to our collection, use, and dissemination of your Personal Information and Automatically-Collected Information as described in this Notice; and to our storage of your Personal Information and Automatically-Collected Information in the United States. If you are acting on behalf of an entity, you must have, and you represent that you have, full authority to bind your entity to this Notice. You agree this Notice is supported by reasonable and valuable consideration (including your use of the Site).
2. Changes to this Notice. We may update this Notice from time to time. We will post any new Notice here, and you should review this Notice regularly to make sure you are aware of its terms. We may provide notification of significant changes to this Notice through the Site. If changes are significant and if you have an account, we may also notify you of such changes either (i) via your contact information; or (ii) by requiring that you agree to the revised Notice the next time you log into your account. Your use of the Site following a revision to this Notice constitutes your acceptance of and agreement to the terms of this Notice, as revised. The revisions will apply to all Personal Information and Automatically-Collected Information collected on and after the date on which we post the revised Notice (the effective date and last updated date will appear at the top).
3. Information Collected. When you use the Site, you provide us with Personal Information that you actively enter and Automatically-Collected Information that we collect passively as you use the Site.
a. Personal Information. To use certain features of the Site, you will have to provide us with information that personally identifies you ("Personal Information").
i. If you are an employee of or are otherwise related to an OCF member, you may provide Personal Information in order to register for and access your account to use the Site. The required Personal Information may include your name, user ID and password (which you will create), email address, company name, job title, address, country of residence, phone number (work, direct dial, and cell), and fax number. The information you provide as part of your member account registration is for internal OCF use. OCF administrators have access to the information. Your information may also be given to other Site users. For example, if you contribute a data model, other members of the Site may be given your name, company, and email address, as part of the data model listings.
ii. Any Site user can provide Personal Information through our "contact us" form to contact us through the Site. The required Personal Information may include your name, job title, email address, phone number, address, company name, and any information you put into the open "comments" box.
iii. There may also be other areas of the Site where users can actively input Personal Information.
iv. You are never under any obligation to provide us your Personal Information. If you choose not to provide Personal Information, you will not be able to use certain features of the Site, and you will not be able to create or access a member account. When you do provide us your Personal Information, you are authorizing us to use that Personal Information in accordance with this Notice and to store your information on our servers located in the United States.
b. Automatically-Collected Information. We automatically track, collect, and store the following categories of information automatically when you use the Site ("Automatically-Collected Information"): 1) IP or MAC addresses of computers used to access the Site; 2) Mobile device unique IDs; 3) Domain server; 4) Type of computer and/or device accessing the Site; 5) Type of web browser and/or mobile Internet browser used to access the Site; 6) Type of operating system your computer and/or device uses; 7) Date and time you access the Site; 8) Referring source and/or the site you visited just prior to visiting our Site; 9) The order in which you view the Site pages and actions you take on the Site; and 10) Other similar information about the interaction between your browser and the Site.
Unless otherwise stated in this Notice, Automatically-Collected Information may be combined with the Personal Information you have provided.
4. Cookies and Web Beacons. We collect Automatically-Collected Information from you passively as you navigate the Site and we use commonly-used information gathering tools to collect this information.
a. Cookies. To help make the Site more responsive to the needs of our users, we use a standard feature found in browser software called a "cookie." When you visit the Site, our servers send a cookie to your computer or other operating device. The cookie is placed on your hard drive or operating device. Standing alone, cookies do not personally identify you; rather, a cookie identifies the computer or operating device you use to access the Site. Unless you choose to identify yourself to us, such as by filling out a web form, you remain anonymous to us when browsing the Site; in other words, the cookie alone with not allow us to identify you personally. Broadly speaking, there are two types of browser cookies:
i. Session cookies are stored in a computer or device’s memory during a user’s browsing session and are automatically deleted from the user’s computer or device when the browser is closed and the session has ended. These cookies allow users to navigate the Site efficiently, and they can contain information about Site features used and activities conducted while using the Site. If you have created an account on the Site, we use session cookies to allow us to uniquely identify you each time you log into your account and to process your requests. Session cookies are required to use your account.
ii. Persistent cookies are stored on a user’s computer or device and are not deleted when the browser is closed and session ended. We may use these cookies to remember your personal settings for future visits.
iii. Third-party cookies. We may use third-party services and cookies to track and analyze your Site activity, including to gather Automatically-Collected Information.
Most browsers automatically accept cookies, but you can block cookies at any time by changing the preferences in your browser and/or delete cookies from your hard drive and mobile device. By blocking and deleting cookies, however, you will be able to browse the Site, but you will not have access to all features of the Site, and features may not function properly. Please refer to your browser for information on how to disable and control cookies.
b. IP Addresses and Mobile Device IDs. When you visit the Site, we collect your Internet Protocol ("IP") addresses and mobile device IDs to track and aggregate Automatically-Collected Information. For example, we use IP/MAC addresses and mobile device IDs to monitor the regions from which users navigate the Site. We also collect IP/MAC addresses and mobile device IDs from users when they log into their account on the Site in order to confirm the applicable user’s identity.
5. Uses of Your Personal Information and Automatically-Collected Information.
a. Personal Information, Generally. When you supply us with your Personal Information, we will use it for the express purpose stated when we ask for such Personal Information, to present our Site to you, to allow you to participate in interactive features on our Site, and to contact you regarding your account or use of the Site.
b. Use of Personal Information for Marketing Purposes. If you are an employee of or are otherwise affiliated with an OCF member, we may contact you for marketing purposes. If you are not affiliated with an OCF member but you have opted in to receiving marketing communications from us, we may contact you for marketing purposes. For example, we may send you information regarding events or newly-published OCF documents or information that may be of interest to you. At any time, you may request that we stop contacting you for marketing purposes by sending an email with your request to email@example.com. Also, if we send you marketing emails, we will provide you with an unsubscribe mechanism to opt-out of receiving future marketing emails. If you request that we not contact you for marketing purposes (either by using the unsubscribe mechanism or by sending us an email), we reserve the right to contact you for non-marketing purposes relating to your use of the Site or other relationship with OCF.
c. Other Uses of Your Personal Information and Automatically-Collected Information. We may use your Personal Information and Automatically-Collected Information to customize and tailor your experience using the Site, displaying content we think you might be interested in and according to your preferences. We may use Personal Information and Automatically-Collected Information to help diagnose problems with the Site, to make the Site more compatible with the technology used by our users, and to analyze statistical-use patterns. We may combine Automatically-Collected Information and Personal Information we get from you through your use of the Site with information about you that we obtain from third parties. We also use Personal Information and Automatically-Collected Information as described elsewhere in this Notice.
6. We Store Information in the United States. You understand and agree that we may transfer your Personal Information and Automatically-Collected Information to the United States and/or other countries. The Site is subject to U.S. laws, which may not afford you the same level of protection as the laws in your country. The Site is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of this Notice.
7. Information Shared with Third Parties. Except in the circumstances described in this Notice, we do not share, sell, rent, license, trade, or otherwise transfer or disclose your Personal Information with or to any third parties for their promotional purposes or otherwise.
a. Other Members. As noted in Section 3(a)(i), if you participate in contributing data models, other members of the Site will be given your name, company, and email address, as part of the data model listings.
b. Third-Party Service Providers. We share Personal Information and Automatically-Collected Information with our third-party service providers who assist us by performing services related to our operation of the Site (such as hosting, data storage, and security) and by performing certain marketing on our behalf. These third-party service providers are not authorized to use your information in any way other than as described here and are required to keep the information confidential.
c. Third-Party Analytics Services. We may use third-party analytics services to assist us in better understanding Site users, such as to track and analyze Site feature usage. We only ever provide these service providers with (or allow these service providers to collect on our behalf) Automatically-Collected Information. The recordings do not identify you personally, though they can identify your IP/MAC addresses and device ID. The information we receive from these third parties may be re-associated with your Personal Information after we receive it back from these third parties. These third parties are not authorized to use your information in any other way and are required to keep the information confidential.
d. Merger, Acquisition, or Sale. We may transfer your Personal Information and Automatically-Collected Information to another entity if we are involved in a merger, acquisition, reorganization, restructuring, or other sale or transfer of all or any portion of our assets or business. If allowed, we will use reasonable efforts to notify you of the transfer either prior to or soon after the transfer.
e. Required by Law. We reserve the right to disclose your Personal Information and Automatically-Collected Information when we have a good faith belief it is necessary to (i) satisfy any applicable law, rule, regulation, legal process, or governmental request; (ii) detect, prevent, or otherwise address fraud, illegality, security, or technical issues; (iii) protect against harm to the rights, property, or safety of OCF, its members, or the public as required or permitted by law; and/or (iv) to establish or exercise our legal rights, pursue available remedies, defend against legal claims, and/or limit any damages we may sustain.
f. De-identified information. We may share with third parties aggregated Automatically-Collected Information, such as the number of users who visited a certain part of our Site or how many users clicked on a particular link.
g. With your consent. We may share your Personal Information and Automatically-Collected Information with other third parties if we have your express consent.
8. Controlling Your Information; Opt-Out Rights.
a. Stop Marketing Communications. See the Subsection entitled "Use of Personal Information for Marketing Purposes" above regarding how to unsubscribe from future marketing communications from OCF.
b. Stop Future Collection of Information. You can stop all future collection of Personal Information and Automatically-Collected Information by discontinuing use of the Site (but see below regarding data retention of earlier-collected data). If you want us to remove your Personal Information from our records, see the paragraph below.
c. Review and Modification of Information; Deleting Information. You can review or modify the Personal Information you have included in your Site account by accessing your account and updating your information or by contacting us. Please note that your account and all features of the Site may not function properly if you remove (or ask us to remove) any or all of your Personal Information.
Upon receipt of your request to close your account and/or ask us to delete your information from our databases, we will use commercially-reasonable efforts to delete your account and remove your Personal Information from our databases, but see Section 9 below for reasons why we may retain some information.
9. Retention and Storage. We may retain Personal Information and Automatically-Collected Information in our databases until you contact us and ask that we remove your information from our databases, unless applicable law requires otherwise. Please note that even after you ask us to remove your information from our databases, it may be impossible to remove some Personal Information, such as information tracked in our web server log files and information that may reside in backup files. We may also retain de-identified Automatically-Collected Information even after you request that we remove your Personal Information from our databases, for use in the aggregate and to analyze and improve the Site. Further, even after you request that we remove your information from our databases, we may use the same to comply with applicable laws, rules, and regulations; to prevent fraudulent activity; to protect ourselves against liability and to pursue available legal remedies; to resolve disputes; and to allow us to enforce our contractual or other rights and to pursue available remedies and limit any damages we may sustain.
10. Links to Third-Party Websites. This Notice applies only to information collected through your use of the Site. The Site may contain links to third-party websites, products, and services, which we do not own or control. We are not responsible or liable for the privacy practices or other actions of these third parties or their websites, products, or services.
11. Security of Information. We have generally-accepted industry standard physical, electronic, and procedural security measures in place to protect against the loss, misuse, alteration, or unauthorized access of the Personal Information and Automatically-Collected Information we collect and store. These safeguards include, for example, secure login authentication for user accounts on the Site, encryption of data during transmission, firewalls, intrusion detection, and vulnerability scans. The safety and security of your Personal Information also depends on you. You are responsible for keeping your user ID and password confidential, and you are responsible for all activity that occurs under your user ID and password, whether with or without your knowledge.
12. Legal Disclaimer. We cannot guarantee that your information will never be compromised. No Internet or wireless network transmission is ever 100% secure, and no security system can prevent all security breaches. Further, while we employ reasonable measures to protect your information, we do not and cannot guarantee that there will be no unintended disclosures or losses of your information or that unauthorized third parties will not defeat our security measures or use non-public information for improper purposes. Any transmission of your information to us is at your own risk.
13. Intended Users. By using our Site, you affirm (i) that you are at least eighteen (18) years old or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you have authority to agree to this Notice and are competent and capable of understanding, agreeing to, and complying with this Notice. Our Site is not directed to children under age 13, and children under age 13 are prohibited from using the Site. We do not knowingly (i) collect Personal Information or Automatically-Collected Information from anyone under age 13; (ii) contact children under age 13 for marketing purposes; or (iii) sell products or services to children under age 13. If we learn that we have received information from a child under age 13 in violation of this Notice, we will delete that information from our files.
14. Contact Information.
Open Connectivity Foundation, Inc., 3855 SW 153rd Drive, Beaverton, Oregon 97003
15. Unenforceability. If any part of this Notice is determined to be invalid, illegal, or unenforceable, pursuant to applicable law, then the invalid, illegal, or unenforceable provision will be deemed superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Notice shall continue in full force and effect.
© 2016 Open Connectivity Foundation, Inc. All rights reserved.