Privacy Policy - Services & Web

OPENSIGNAL LIMITED

PRIVACY POLICY – SERVICES & WEB

1. RESPONSIBILITY FOR THE PROCESSING OF YOUR DATA

Opensignal works with the global telecom ecosystem companies globally to help them understand and improve network speeds and network coverage for consumers like you. We help companies build better networks in the areas that need it most. Opensignal takes great pride in providing a service that benefits many.

This Privacy Policy describes how we collect, use, and share your personal data when you use our websites, social media accounts, customer dashboards and other services we make available to our customers and partners (our “Services") and how we use personal data collected in the course of operating and administering our business.

As a company whose livelihood depends on data and its proper treatment, Opensignal takes data privacy and security very seriously. As such we have taken steps to go well beyond basic privacy and data protection requirements.

The purpose of this Policy is to inform you about our privacy practices and to ensure that you understand the purposes for which we collect and process your personal data. The following is a brief summary of the manner and purposes for which we process your personal data.

Opensignal Limited ("Opensignal", "we," "us" or "our") is the entity which is responsible for the control and processing of personal data that we collect from you when you use the Services. If you have any questions or concerns about Opensignal’s use of your personal data, please contact us at [email protected].

IF YOU HAVE RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT, PLEASE SEE THE CCPA SUPPLEMENT BELOW IN SECTION 11. IF YOU HAVE RIGHTS AS A RESIDENT OF NEVADA, PLEASE SEE THE YOUR NEVADA PRIVACY RIGHTS IN SECTION 12.

2. SERVICES

HOW WE COLLECT AND USE YOUR PERSONAL DATA

Information that you directly provide to us. If you or your employer use or register for our Services, or if you or your agent approach us in connection with job enquiries or in connection with any services you or your employer offers, or if you interact with our business in other ways, we may ask you to provide certain personal information including, but not limited to, your name, postal address, email address, telephone number, your username on a third-party social networking service, password for use of the Services, date of birth (to ensure you are over 16 and for statistical purposes), and other data. We retain messages you send to us through the Services, and any other data you provide to us. We use this data for our business purposes related to the Service and in the operation and administration of our business, as further detailed below.

Information collected or received from third parties. If you register for Services through your account with third-party social networking services, such as, we may receive data about you from such third parties or through a service linked to your account with such services. We may also receive information about you from third parties for example job services you may use or other intermediaries to which you may provide your personal data and that may share your information with us at your request. This information is used in the same way as the data referred to in paragraph above.

Analytics. We collect, measure and analyze traffic and usage trends relating to users’ use of our Services, and we use third-party analytics tools to help us do so. This allows us to understand, among other things, who is using our Services, how they use them, and ways to improve our Services. These third-party analytics tools use cookies to collect and store information including, but not limited to, time of visit, pages visited, time spent on each page, IP addresses, advertising tags and type of operating system used.

Cookies. When you use the Services, we sometimes send one or more cookies (small text files containing a string of alphanumeric characters) to your computer that uniquely identify your browser and enhance your navigation on our Services. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take) and allow us or our third-party analytics tools we use to track your usage of the Services. Cookies can be removed by following your web browser's directions for removal of cookies. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. However, some features of the Service may not function properly if cookies are disabled.

Log file. Log file information is automatically reported by your browser each time you access a web page. When you access or use the Services, our servers may automatically record certain log file information, including but not limited to your web request, IP addresses, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, and pages viewed.

Clear GIFs/Web Beacons. Clear GIFs (also known as web beacons) allow for the tracking of a user's response to an email or usage of a website in a manner that does not reveal personally identifiable information. We may use clear GIFs or similar technologies to assess responses to emails and usage of the Service. For example, we may use clear GIFs to track when emails are opened, and which links are clicked by recipients. You can disable certain abilities of clear GIFs to capture information by blocking cookies.

Commercial communications. Insofar as permitted under applicable law, we may use the information we collect or receive to communicate directly with you in relation to the Services or related services we offer. Subject, where necessary, to obtaining your consent to receiving such communications, we may use the information to communicate with you in relation to other services that we and our affiliates offer. For example, we may use the information to send you emails containing newsletters, promotions and special offers. We may also use the information to send you service-related notices (e.g., account verification, technical and security notices).

Use of certain service-type information. We may use information from cookies, log files, device identifiers, location data, clear GIFs and other tools to: (i) remember information so that you will not have to re-enter it during your visit or the next time you use the Service; (ii) provide custom, personalized content or information to you or others; (iii) monitor the use of the Service; (iv) monitor aggregate metrics, such as total number of visitors, and traffic patterns; (v) diagnose or fix technology problems; (vi) provide advertising to your browser or device; and (vii) conduct research or surveys.

Use of information with Your Consent. We may use your personal data for any other purpose for which you specifically provide us with your consent.

THE PURPOSES FOR WHICH WE USE YOUR PERSONAL DATA

The purposes for which we collect and store your personal data are the following:

(a) Personal data that we receive from you enables us to deliver our Services to you and enables you to use them efficiently;

(b) Insofar as permitted under applicable law, we use your data to communicate with you in relation to our Services;

(c) We use data to personalize, test, monitor, improve and upgrade our Services, to meet our legal obligations and the regulatory requirements to which we may be subject, for loss prevention purposes and to protect and enforce our rights and meet our obligations to third parties, and for our internal business purposes, such as compiling and analyzing usage information for general operational, statistical and business purposes;

(d) We use personal data in the general operation and administration of our business including in recruitment of staff, engaging service providers to provide services to our business, in providing services to our customers and for marketing purposes.

YOUR RESPONSIBILITIES

It is important that the personal data we hold about you is accurate and current. If you provided us with any details of personal data, please keep us informed if such details change.

3. LEGAL BASIS FOR PROCESSING YOUR DATA

We rely on the following lawful basis for the processing of your personal data:

(a) Our legitimate interests in (among other things) delivering the Services, operating and administrating our business, complying with accounting, or reporting requirements, conducting commercial research, improving and maintaining the Services, personalizing and tailoring content made available to you through the Services, protecting the security or integrity of our databases, protecting our business or reputation, taking precautions against legal liability, dealing with our assets in the event of a business change (see further below), protecting and defending our legal rights or property, or for resolving disputes, investigating and attending to inquiries or complaints with respect to your use of the Services;

(b) Where relevant, your express consent. If you give your consent for accessing your data and/or the use of Cookies, you can withdraw it through the personal settings on your web browser;

(d) Where relevant, for compliance with legal obligations to which we are subject.

4. HOW WE SHARE YOUR INFORMATION

(a) Service Providers. We may share the data we collect with third-party service providers that perform services on our behalf in connection with our Services, such as cloud service providers that we may use, or third-party analytical service providers. Where your information is shared with such third parties, we obligate the third-party service provider to manage your information only on our behalf in accordance with this Policy and applicable law.

(b) Subsidiaries and affiliates. We may share the data that we collect through the Services with our subsidiaries and affiliates, with the purpose of improving our services.

(c) Necessary Disclosure. Regardless of the choices you make regarding your information and to the extent permitted or required by applicable law, we may disclose information about you to third parties to: (i) enforce or apply the terms and conditions of our Services; (ii) comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials; (iii) protect our rights, reputation, safety or property, or that of our users or others; (iv) protect against legal liability; (v) establish or exercise our rights to defend against legal claims; or (vi) investigate, prevent or take action regarding known or suspected illegal activities; fraud; our rights, reputation, safety or property, or those of our users or others; violation of the Terms of Use, our policies or agreements; or as otherwise required by law.

(d) Business Change. If we become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of our business otherwise changes, we may share or transfer databases containing personal data to a successor party or parties in connection with such transaction or change in ownership or legal structure.

5. HOW WE PROTECT YOUR INFORMATION

We take certain measures to protect personal data collected through the Services against loss, theft, and unauthorized access, use, disclosure, destruction or modification. These include physical, technological and administrative measures.

6. HOW LONG WE KEEP YOUR INFORMATION

Any personal data which may be contained in logs or databases is retained for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

7. COUNTRY OF PROCESSING

We operate globally. The collection of data from your device takes place in the country where you use the device. We store and otherwise process data (including personal data) through third party cloud service providers and other IT service providers which may be located or which may operate in other countries. We store personal data records predominantly through third-party cloud service providers on servers located in the United States of America. When transferring personal data records to a country which does not provide an adequate level of protection to privacy rights, we put in place appropriate safeguards including data transfer agreements.

8. CHILDREN'S PRIVACY

The Services are not directed to children and is intended for use by adults only. We do not knowingly solicit or collect personal data from individuals under 18 years of age. If you are under the age of 18, please do not submit any information through the Services and do not provide your consent for the use of your data.

9. THIRD-PARTY SITES AND SERVICES

The Services may reference or provide links to other websites, applications, or resources. If you access any website, application, or resources provided by a third party, our Privacy Policy will not apply. Your interactions with such websites, applications, and resources are subject to the privacy policies of the third parties that operate them. Please review those policies carefully to understand how those parties will treat your information.

10. DATA SUBJECT RIGHTS

Data subjects have the following legal rights in respect of their personal data that we process:

(a) The right to require Opensignal to confirm whether or not their information is being processed, the purpose of any such processing, the recipients of any information that has been disclosed, the period for which their information is to be stored and whether any automated decision-making processes are used in relation to their information;

(b) The right to require access to the personal data and to require Opensignal to rectify inaccurate information without undue delay;

(c) Where Opensignal has relied on the ‘consent’ basis for processing that information, the right to withdraw their consent at any time. This right to withdraw consent does not affect the lawfulness of processing based on consent before its withdrawal;

(d) The right to request the erasure of their information. You can make a request for erasure where:

(i) the information is no longer necessary in relation to the purpose for which it was collected;

(ii) where the processing of the information is based on the data subject’s consent (and the other circumstances described in the ‘Legal Basis for Processing Your Data’ and ‘How We Share Your Information’ sections above no longer apply), if the data subject withdraws his or her consent; or

(iii) where the personal data is processed by Opensignal solely on the basis of our ‘legitimate interest’, if the data subject objects to the processing of his or her personal data and there are no overriding legitimate grounds for the processing (such as, for example, where the processing of the data is required to meet statutory obligations or for the defense of legal claims).

Where Opensignal has disclosed the information of a data subject to a third party and the data subject requests the erasure or rectification of the data, Opensignal will take all reasonable steps to inform the third party of such request;

(e) The right to require Opensignal to restrict its processing of a data subject’s personal data in certain circumstances, such as where the accuracy of that data is disputed or an objection has been raised. In such circumstances, Opensignal will only process that information with the express consent of the data subject, or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest;

(f) Where data is processed based on data subject’s consent or to fulfil a contractual obligation, the data subject has the right to receive his or her personal data from Opensignal in a structured, commonly used and machine-readable format;

(g) The right to object to the processing of personal data where:

(i) Opensignal relies solely on the ‘legitimate interest’ basis for processing that data, in which case we will be legally required to stop processing the data subject’s information unless we have compelling legitimate grounds for the processing which override the data subject’s privacy rights and interests; or

(ii) the information is used for direct marketing purposes, in which case we will immediately stop processing the data subject’s information for such purposes;

(h) Data subjects have the right to lodge a complaint with the UK’s Information Commissioner’s Office or in some cases with the data protection supervisory authority of the EU member state where the data subject resides.

The above legal rights are subject to various conditions and exceptions including where the data is used for statistical or scientific research purposes and the exercise of the right would prevent such purposes from being attained or would seriously impair their attainment.

11. SUPPLEMENT FOR CALIFORNIA RESIDENTS

You will not need to create an account to exercise your rights. California residents have the right to:

· Request that we delete personal information about you that we may have collected. To exercise this right, you must provide a verifiable consumer request by either calling us at +44 0845 834 0987 or by emailing us at [email protected].

· Request that, for personal information that we have collected in the preceding 12 months, we disclose, free of charge (unless your requests are manifestly unfounded or excessive), the categories of personal information that we have collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share personal information. To exercise this right, you must provide a verifiable consumer request by either calling us at +44 0845 834 0987 or by emailing us at [email protected].

· Request that, for personal information that we have sold or disclosed for a business purpose in the preceding 12 months, we disclose, free of charge (unless your requests are manifestly unfounded or excessive), the categories of personal information that we have collected about you, the categories of personal information that we have sold about you, the categories of third parties to whom each category of personal information was sold, the categories of personal information that we have disclosed about you for a business purpose, and the categories of third parties to whom each category of personal information was disclosed. To exercise this right, you must provide a verifiable consumer request by either calling us at +44 0845 834 0987, or by emailing us at [email protected].

· Direct us, at any time, not to sell your personal information. We may sell your personal information within the meaning of the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, “sell” means sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. The law contains exceptions to this definition which may limit how we respond to your direction. To exercise this right to opt out, you may call us at +44 0845 834 0987 or email us at [email protected]. We do not have actual knowledge that we sell the personal information of minors under 16 years of age, and minors under the age of 16 may not use the Services.

You can also authorize another person, called an agent, to exercise your rights on your behalf. You must provide the authorized agent written and signed permission to act on your behalf. We may deny requests from an authorized agent who does not submit proof that he or she has been authorized to act on your behalf. Furthermore, we may require you to verify your identity directly with us. We may also require you to directly confirm with us that you have provided the authorized agent permission to submit a request on your behalf. An authorized agent can make a request on your behalf by either calling us at +44 0845 834 0987 or by emailing us at [email protected].

Please note that we cannot fulfill requests to know the specific pieces of personal information that we may have collected about you. In order to disclose the specific pieces of personal information that we may have collected about you, we would have to verify your identity to a reasonably high degree of certainty. Given the limited amount of information that we collect about you, we do not maintain enough data points to verify your identity to the reasonably high degree of certainty required by the CCPA.

We may not discriminate against you because you exercised any of your rights under the CCPA.

To the extent that anything in this Section 11 conflicts with this Privacy Policy Statement, this Section 11 shall govern.

The categories of California consumers’ personal data we may have collected in the past 12 months are listed above in Sections 2– HOW WE COLLECT AND USE YOUR PERSONAL DATA. Within the past 12 months we may have shared the following categories of personal information in the circumstances described:

(a) Service Providers. We may share the data we collect through the Services with third-party service providers that perform services on our behalf in connection with our Services, such as cloud service providers or third-party analytical services providers. Where your information is shared with such third parties, we ensure that the third-party service provider will deal with your information only on our behalf and on our written instructions and solely for our benefit (and not for its own benefit).

(b) Subsidiaries and affiliates. We may share the data that we collect through the Services with our subsidiaries and affiliates, with the purpose of improving our services.

(c) Necessary Disclosure. Regardless of the choices you make regarding your information and to the extent permitted or required by applicable law, we may disclose information about you to third parties to: (i) enforce or apply the terms and conditions of our Services; (ii) comply with laws, subpoenas, warrants, court orders, legal processes or requests of government or law enforcement officials; (iii) protect our rights, reputation, safety or property, or that of our users or others; (iv) protect against legal liability; (v) establish or exercise our rights to defend against legal claims; or (vi) investigate, prevent or take action regarding known or suspected illegal activities; fraud; our rights, reputation, safety or property, or those of our users or others; violation of the Terms of Use, our policies or agreements; or as otherwise required by law.

(d) Business Change. If we become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of our business otherwise changes, we may share or transfer databases containing personal data to a successor party or parties in connection with such transaction or change in ownership or legal structure.

Information Collected from Other Websites and Mobile Applications and Do Not Track Policy

Your browser or device may offer you a “Do Not Track” option, which allows you to signal to operators of websites, web applications, mobile applications, and services (including behavioural advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites or applications. The Services do not support Do Not Track requests at this time, which means that we or our analytics providers or other third parties with which we are working may collect information about your online activity both during and after your use of our Services. If at any time you would like to opt out of online tracking or behavioural advertising, please contact us at [email protected].

Shine the Light Notice

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at [email protected] with "Request for California Privacy information" in the subject line, or by writing us at the address listed at the end of this Policy.

12. YOUR NEVADA PRIVACY RIGHTS

Senate Bill No. 220 (May 29, 2019) amends Chapter 603A of the Nevada Revised Statutes to permit a Nevada consumer to direct an operator of an internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. You may submit a request pursuant to this directive by emailing us at [email protected]. We will provide further information about how we verify the authenticity of the request and your identity.

13. AGGREGATED INFORMATION

We may share aggregated, anonymized/deidentified data relating to users of the Services with affiliated or unaffiliated third parties.

14. CHANGES TO THE PRIVACY POLICY

We may update this Policy from time to time, and the updated version of this Policy will be effective upon posting on the Opensignal website. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Please check this page to review the most up-to-date version of this Policy.

15. QUESTIONS/CONTACTING US

If you want to exercise your rights under paragraphs 10, 11 or 12 of our privacy policy, email [email protected] with "Data Subject Request" in the subject line, or contact us by mail addressed to:

Opensignal Limited

7 Bell Yard,

London, WC2A 2JR

United Kingdom

16. EU LOCAL REPRESENTATIVE

In compliance with Article 27 of GDPR, Opensignal has designated Ametros Group Ltd as EU Local Representative:

Ametros Group Limited

Unit 3D - North Point House - North Point Business Park

New Mallow Road

Cork – Ireland

Last Updated May 16, 2023