Have questions? Schedule Your Free Consultation Today
Privacy is important to Openbiz The terms “Openbiz”, “us”, “we” or “our” refer to Openbiz LLC, the owner of the Services, and itsaffiliates and subsidiaries. The terms “you”or “your” refer to the user orviewer of the Services. This Privacy Policy (this “PrivacyPolicy”) describes how your Personal Information is collected, used, and shared when you visit or make apurchase from or utilize our services available through this website, (the “Site” or “website”) and engaging with our services(collectively, the “Services”), youare consenting to the collection, use, sharing, and storage of your PersonalInformation, as described below. This Privacy Policysupplements and is incorporated into our Terms of Service which, together withthis Privacy Policy, govern your use of the Services. We have endeavored tomake this Privacy Policy as clear as possible. If, however, you have anyquestions, comments or concerns about this Privacy Policy, please send us anemail at info@openbiz.io.
Personal Information We Collect
For purposes of this Privacy Policy, “Personal Information” means anyinformation that identifies or relates to a particular individual and alsoincludes information referred to as “personally identifiable information” or“personal data” under applicable data privacy laws, rules, or regulations,including the definition set forth under the California Privacy Rights Act(CPRA).
Forusers of the Services, Personal Information may include the following:
● Personal Identifiers: full name, date of birth, email address, and phone number;
● Website Information: any additionalinformation relating to you that you provide to us directly or indirectlythrough our website and services; and
● Payment Information: your payment information(credit card number, billing address, phone number, etc.) will be processed bythe payment processor available on this Site (Stripe), which will treat andstore your data securely and for the sole purpose of processing the purchase ofservices. Openbiz reserves the right to contract any payment platform availableon the market, which processes your information for the sole purpose ofprocessing the purchase of Services. Consult Stripe’s Privacy Policy here: https://stripe.com/gb/privacy
Openbiz willnot collect any Personal Information about you, unless you provide it.
We may also automatically collect other information as you interact with theServices. We collect data relating to the use of our Site, traffic logs, userconduct, or the results of Site usage. We may collect and maintain data aboutyour usage of the Site and/or Services, your Internet Protocol (“IP”) address, Site and/or Servicesvisits, page response times, download errors, length of visits to certainpages, and page interaction information (such as swipes and share lists). We alsomay automatically collect information from cookies that are placed throughoutthe Services. Generally, this information is collected in aggregate form, whichmeans we cannot personally identify you through these mechanisms. For example:
Information automaticallycollected when you access the Site:
● The device and usage information you use to access the website;
● Your IP address;
● Browser and device characteristics;
● Operating system;
● Referring URLs; and
● What parts of the website you use and how often
Information automaticallycollected when you access the Site through a mobile phone:
● Mobile device ID;
● Model and manufacturer;
● Operating system;
● Version information; and
● IP address
Which CollectionTechnologies We Use
● “Cookies” are datafiles that are placed on your device or computer and often include an anonymousunique identifier. For more information about cookies, and how to disablecookies, visit http://www.allaboutcookies.org.
● “Log files” trackactions occurring on the Site, and collect data including your IP address,browser type, Internet service provider, referring/exit pages, and date/timestamps.
● Google Analytics. We use Google Analyticsprovided by Google, Inc., USA (“Google”). These tool and technologies collectand analyze certain types of information, including IP addresses, device andsoftware identifiers, referring and exit URLs, feature use metrics andstatistics, usage history, media access control address (MAC Address), mobileunique device identifiers, and other similar information via the use ofcookies. The information generated by Google Analytics (including your IPaddress) may be transmitted to and stored by Google on servers in the UnitedStates. We use the Google Analytics collection of data to enhance the websiteand improve our service. Please consult Google’s Privacy Policy here: https://policies.google.com/privacy
● Facebook Pixel: Ourwebsite uses the Facebook Pixel. Through the Facebook Pixel we can collect userinformation for different purposes. We use the Facebook Pixel for the followingpurposes:
o Collect statistics about our platform (for example, the numberof users who visited a page);
o Collect information about how you interact with our platform(for example, whether you opened or followed links contained in them);
o Personalize online services and marketing communications; and
o Tailor advertisements to users and optimize advertisingcampaigns.
The information collectedthrough the Facebook Pixel will be collected and stored by Facebook and will betreated in accordance with its Privacy Policy. The information we collectthrough the Facebook Pixel does not personally identify the user and will neverbe used for purposes other than those contained in this Privacy Policy andFacebook’s Privacy Policy. Please consult Facebook’s Privacy Policy here: https://www.facebook.com/privacy/explanation
● Social Media: On ourwebsite you will find links and functions linked to different social media,where you can share your information. Itis advisable to consult the Privacy Policy and data protection of each socialnetwork used on our website.
○ Instagram: http://instagram.com/about/legal/privacy/
○ LinkedIn: https://www.linkedin.com/legal/privacy-policy
How Long We Retain Personal Information
PersonalInformation provided by users through the Site and Services will be retainedfor the time necessary for the provision of the Services and until the userdecides to close the user account or Openbiz decides to close the user account.Openbiz may be allowed to retain personal data for a longer period whenever theuser has given consent to such processing, as long as such consent is notwithdrawn. Furthermore, Openbiz may be obliged to retain Personal Informationfor a longer period whenever required to do so for the performance of a legalobligation or upon order of an authority. Once the retention period expires,Personal Information shall be deleted. Therefore, the right to access, theright to erasure, the right to rectification and the right to data portabilitycannot be enforced after expiration of the retention period.
How We Use Personal Information
In general, we use thePersonal Information we collect primarily to provide, maintain, protect andimprove our current Site and Services. We use Personal Information collectedthrough our Site as described below:
● Identify you as a user in our system;
● User registration;
● Provide the Services;
● Provide the plans;
● Obtain EIN from the IRS;
● Create and register LLCs;
● Open bank accounts;
● Send invoices to customer emails;
● Process payments;
● Improve our Services, Site, and how we operate our business;
● Understand and enhance your experience using our Site andServices;
● Respond to your comments or questions through our support team;
● Send you related information, including confirmations, invoices,technical notices, updates, security alerts and support and administrativemessages;
● Communicate with you about upcoming events, offers and newsabout services offered by Openbiz and our selected partners;
● Marketing purposes of Openbiz;
● Link or combine your information with other information we getfrom third parties to help understand your needs and provide you with betterservice; and
● Protect, investigate and deter against fraudulent, unauthorizedor illegal activity.
Why We SharePersonal Information
The Personal Information ofour customers and users is an important and fundamental part of our business.Under no circumstances will we sell or share information with third partiesthat has not been previously authorized by the user, client or owner of thePersonal Information. We share user and customer information only andexclusively as described below.
● Third-Party ServiceProviders. We use third-party services to perform functions on our Site.Examples include: creating and hosting the website, processing payments(Stripe), sending emails, analyzing data (Google Analytics), creating ads(Facebook, Google), providing marketing assistance, and providing searchresults. These third-party services and tools may have access to PersonalInformation needed to perform their functions, but may not use that informationfor other purposes. Information shared with these third-party services will betreated and stored in accordance with their respective privacy policies and ourPrivacy Policy. Please refer to the Privacy Policy of these third-partyservices.
● Business Transfers.In the event that Openbiz creates, merges with, or is acquired by anotherentity or company, your Personal Information will likely be transferred.Openbiz will send you an email or post a prominent notice on our platformbefore your Personal Information becomes subject to another Privacy Policy andthe transfer and handling of your Personal Information will comply with allapplicable requirements.
● Protection of Openbizand others. We release Personal Information when we believe release isappropriate to comply with the law, enforce or apply our Terms and conditionsand other agreements, or protect the rights, property, or safety of Openbiz,our users or others. This includes exchanging information with other companiesand organizations for fraud protection and credit risk reduction.
● With Your Consent.Other than as set out above, you will receive notice when personally identifiableinformation about you might go to third parties, and you will have anopportunity to choose not to share the information.
● Anonymous Information. Openbizuses the anonymous browsing information collected automatically by our serversprimarily to help us administer and improve the Website. We may also useaggregated anonymous information to provide information about the Website topotential business partners and other unaffiliated entities. This informationis not personally identifiable.
● Email Address. Theemail address that you supply to us for purposes of receiving our emailcommunications will never be rented or sold to a third party.
Consent to DataProcessing
You agree to provide us with your consent to collect,process, and store your Personal Information, in addition to the other terms ofthis Privacy Policy, by registering as a user, purchasing a plan, providing information throughour services, contacting us through the contact forms or our contactinformation and providing us with Personal Information to communicate with you.You may withdraw your consent by sending us your request via the contactinformation or the contact page.
Additionally, whether youare a resident of the United States, the European Economic Area, or any otherglobal jurisdiction, we may send and store your Personal Information outside of the country in which you reside. We currentlystore your data in the United States. By using our Services and consenting tothis Privacy Policy, you agree and hereby consent to the storage and processingof your Personal Information in the United States. We ensure compliance withall applicable laws regarding the subject of this Privacy Policy and takeappropriate measure to keep your Personal Information protected, especially, tocomply with GDPR requirements regarding lawful transfer mechanisms.
Safety Measures
Wework to protect the security of your Personal Information during transmissionby using Secure Sockets Layer (SSL) software, which encrypts information youprovide through the Site. If transactions are processed on the website,transaction information is transmitted to and from the website in encryptedform using industry standard SSL connections to help protect such informationfrom interception. We restrict authorized access to your Personal Informationto those persons who have a legitimate purpose to know that information and tothose persons you have authorized to have access to that information. Openbizfollows generally accepted industry standards to protect the PersonalInformation submitted to us, both during transmission and once Openbiz receivesit. No method of transmission over the Internet, or method of electronicstorage, is 100% secure. Therefore, while Openbiz strives to use commerciallyacceptable means to protect your Personal Information, we cannot guarantee itsabsolute security. We will not sell, distribute, or lease your PersonalInformation to third parties unless we have your permission or are required bylaw to do so.
EU and UK Data Subject Rights
Users who provide information throughour website, as data subjects and data owners, have the right to access,rectify, download or delete their information, as well as to restrict andobject to certain processing of their information. While some of these rightsapply generally, others apply only in certain limited circumstances. Wedescribe these rights below:
● Access and portability: To access and know whatinformation is stored in our servers, you can send us your request through ourcontact information.
● Rectify, Restrict, Limit,Delete: Youcan also rectify, restrict, limit or delete much of your information.
● Right to be informed: Users of our website will beinformed, upon request, about what data we collect, how it is used, how long itis retained and whether it is shared with third parties.
● Object: When we process yourinformation based on our legitimate interests as explained above, or in thepublic interest, you may object to this processing in certain circumstances. Insuch cases, we will stop processing your information unless we have compellinglegitimate reasons to continue processing it or where it is necessary for legalreasons.
● Revoke consent: Where you have previouslygiven your consent, such as to allow us to process and store your PersonalInformation, you have the right to revoke your consent to the processing andstorage of your information at any time. For example, you may withdraw yourconsent by updating your settings. In certain cases, we may continue to processyour information after you have withdrawn your consent if we have a legal basisfor doing so or if your withdrawal of consent was limited to certain processingactivities.
● Complaint: If you wish to file acomplaint about our use of your information (and without prejudice to any otherrights you may have), you have the right to do so with your local supervisoryauthority. Users can exercise all these rights by contacting us through thecontact information or the contact page.
● Rights related to automateddecision-making, including profiling: website users may request that weprovide a copy of the automated processing activities we conduct if theybelieve that data is being unlawfully processed.
Usersmay exercise their rights in relation to the personal data they provide toOpenbiz, at any time, by sending us their request through our contactinformation and we will process and respond to their request as soon aspossible.
Before processing the request, we may needto ensure the identity of the person making the request to avoid sharing datawith an unauthorized person and may request additional information from you. Asa European or United Kingdom Citizen, you have the right to file a complaintwith a European Union supervisory authority, (or the Information Commissioner’sOffice (ICO) if you are a resident of the United Kingdom), in the event youhave reasonable doubt that we are not processing your Personal Information incompliance with applicable law and GDPR, or UK-GDPR. In such a case, we areasking you to contact us first by sending to info@openbiz.ioand we will make our best efforts to replypromptly.
Your Rights
If you would like to access, modify, ordelete your Personal Information, you may submit a request to info@openbiz.io. For more information or to see if these rights apply toyou, please contact us. We will promptly review all such requests in accordancewith applicable laws.
If you are a California, Colorado,Connecticut, Nevada, Utah or Vermont resident, the law may provide you withadditional rights regarding our use of your Personal Information. Please reviewour Supplemental Privacy Notice, attached hereto and made a part hereof asExhibit A, to learn more about these rights.
Do Not Track
Please note that we do not alter ourSite’s data collection and use practices when we see a Do Not Track signal fromyour browser. However, somethird party sites do keep track of your browsing activities when they serve youcontent, which enables them to tailor what they present to you. If you arevisiting such sites, your web browser may allow you to set the DNT signal sothat third parties (particularly advertisers) know you do not want to betracked.
Changes and Updates to Privacy Policy
This Privacy Policy may be revisedperiodically, and this will be reflected by the date above. Please revisit thispage to stay aware of any changes. Your continued use of the Servicesconstitutes your agreement to this Privacy Policy and any future revisions.
Minors
Wecomply with the requirements of personal data protection regulations, regardingthe protection of the personal data of minors. We do not collect anyinformation from anyone under 18 years of age. Our website and services are alldirected to people who are at least 18 years old or older. If you become awarethat your child has provided us with Personal Information, please contact us.If we become aware that a child has provided us with Personal Information, wewill take steps to delete that information, terminate that person’s account,and restrict access to that person.
Contact Us
For more information about our privacypractices, if you have questions, or if you would like to make a complaint,please contact us by e-mail atinfo@openbiz.io or by mail using the details provided below:
Openbiz LLC
Attn:Privacy
78 SW 7th St
Miami, FL 33130
Law Enforcement Guidelines
FDA Inspections of Website Content
FDA investigations are limited to informing thesoundness of agency decision making. See FDA Investigations Operations Manual,Chapter 8, available at https://www.fda.gov/media/75268/download#page=4. Pursuant to Chapter 4 of the FDAInvestigations Operations Manual, the FDA can conduct investigations usingpublicly-accessible information without needing to supply a Form 482, notice ofinspection. See e.g. https://www.fda.gov/media/96838/download.
However, under the Investigations Operations Manual,“if during a sample collection, [the FDA investigators] begin to conduct aninspection (examining storage conditions, reviewing records for compliance withlaws and regulations, etc.), issue an FDA 482 and continue your activities.”FDA Investigations Operations Manual, Subchapter 4.1.1.1 (2021), available at https://www.fda.gov/media/75243/download#page=4. Pursuant to subchapter 4.1.4.2 of the FDAInvestigations Operations Manual, the FDA’s collection of a documentary (“DOC”)sample from an Internet website of a regulated article constitutes aninspection for which a Form 482 must be issued. Id., available at https://www.fda.gov/media/75243/download#page=5.
U.S. Supplemental Privacy Policy
Updated November 1st, 2024
This US Supplemental Privacy Notice (“Supplemental Notice”) applies only toinformation collected about consumers in the following states: (1) California,(2) Colorado, (3) Connecticut, (4) Nevada, (5) Utah, and (6) Virginia. ThisSupplemental Notice our practices regarding the collection, use, and disclosureof Personal Information and provides instructions for submitting data subjectrequests.
Some portions of this Supplemental Noticeapply only to consumers of particular states. In those instances, we haveindicated that such language applies only to those consumers.
To the extent terms used in thisSupplemental Notice are defined terms under the applicable US State PrivacyLaw, they shall have the meanings afforded to them in those statutes, whetheror not capitalized herein. As there are some variations between suchdefinitions in each of the state statutes, the definitions applicable to youare those provided in the statute for the state in which you are a consumer.For example, if you are a Virginia consumer, terms used in this SupplementalNotice that are defined terms in the VCDPA shall have the meanings afforded tothem in the VCDPA as this Supplemental Notice applies to you.
SupplementalNotice for California Residents.
This Supplemental Notice for CaliforniaResidents applies to our processing of Personal Information that is subject tothe California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”), effective as of January 1, 2023(collectively, the “California PrivacyLaws”). The California Privacy Laws provides California residents with theright to know what categories of Personal Information Openbiz has collected aboutthem, the right to have Personal Information deleted, the right to opt out ofthe sale of Personal Information (if applicable), the right to opt in of thesale of Personal Information of consumers under the age of 16 (if applicable),the right to nondiscriminatory treatment for exercising any rights, the rightto initiate a private cause of action for data breaches, the right to correctinaccurate Personal Information and the right to limit use and disclosure ofsensitive Personal Information.
Disclosure for California Consumers:
Unless specifically stated, we have notsold or shared Personal Information about California consumers to third partiesfor their own use in the past twelve (12) months. Relatedly, we do not haveactual knowledge that we sell or share Personal Information of Californiaconsumers under 16 years of age. However, we may share your PersonalInformation with our affiliates and trusted partners in arrangements that maymeet the broad definition of “sale” or “share” under California law. In thesearrangements, use of the information we share is limited by policies,contracts, or similar restrictions. That said, we may share information withthird-party advertising partners or analytics providers for the purpose ofpromoting our Services as described above, including for cross-contextbehavioral advertising. To the extent that such sharing is considered a “sale”under the CCPA, you may opt-out of having your Personal Information shared withsuch advertising partners or analytics providers by emailing us here: info@openbiz.io. For purposes ofCalifornia law, a “sale” is the disclosure of Personal Information to a thirdparty for monetary or other valuable consideration, and a “share” is thedisclosure of Personal Information to a third party for cross-contextbehavioral advertising, whether or not for monetary or other valuableconsideration.
Additional Privacy Rights for CaliforniaResidents:
CaliforniaPrivacy Rights Act. In addition to the rights provided by the CCPA, Californiaresidents are provided with the following rights through the California PrivacyRights Act: (i) the right to request that incorrect or outdated PersonalInformation be corrected but not deleted; (ii) the right to restrict abusiness’s ability to process sensitive data about the consumer; and (iii)prohibition against a business making decisions about a consumer based solelyon an automated process without human input.
California Shinethe Light. TheCalifornia “Shine the Light” law permits users who are California residents torequest and obtain from us once a year, free of charge, a list of the thirdparties to whom we have disclosed their Personal Information (if any) for theirdirect marketing purposes in the prior calendar year, as well as the type ofPersonal Information disclosed to those parties.
Disclosure AboutDirect Marketing for California Residents. California Civil Code § 1798.83 permitsCalifornia residents to annually request certain information regarding ourdisclosure of Personal Information to other entities for their direct marketingpurposes in the preceding calendar year. We do not distribute your PersonalInformation to other entities for their own direct marketing purposes.
SupplementalNotice for Colorado Residents. The Colorado Privacy Act provides Colorado residents withthe following rights: (i) the right to opt out of the processing of PersonalInformation concerning the consumer; (ii) the right to confirm whether abusiness is processing Personal Information concerning the consumer and toaccess the consumer's Personal Information; (iii) the right to correctinaccurate Personal Information collected from the consumer; (iv) the right todelete Personal Information concerning the consumer; (v) the right to restricta business’s ability to process Personal Information about the consumer,specifically to opt-out of processing for profiling/targeted advertisingpurposes; (vi) a prohibition against a business making certain decisions abouta consumer based solely on an automated process without human input; and (vii)the right to data portability. Whenexercising the right to access Personal Information, a consumer has the rightto obtain the Personal Information in a portable, and to the extent technicallyfeasible, readily usable format that allows the consumer to transmit the datato another entity without hindrance. A consumer may exercise this right no more than two timesper calendar year.
SupplementalNotice for Connecticut Residents. The Connecticut Data Privacy Act provides Connecticutresidents with the following rights: (i) the right to confirm whether abusiness is processing Personal Information concerning the consumer and toaccess the consumer's Personal Information; (ii) the right to request thatincorrect or outdated Personal Information be corrected but not deleted; (iii)the right to delete Personal Information concerning the consumer; (iv) theright to restrict a business’s ability to process sensitive data about theconsumer- specifically to opt-out of processing for profiling/ targetedadvertising purposes; (v) the right to request Personal Information about theconsumer be disclosed in a common file format; (vi) the right to opt out of thesale of Personal Information about the consumer to third parties; and (vii)prohibition against a business making certain decisions about a consumer basedsolely on an automated process without human input.
SupplementalNotice for Nevada Residents. We generally do not disclose or share Personal Information forprofit. If you are a resident of Nevada, you have the right to opt-out of thesale of certain Personal Information to third parties who intend to license orsell that Personal Information. To exercise this right, if applicable, you oryour authorized representative may submit a request to info@openbiz.io.If you have any questions, please contact us atinfo@openbiz.io. We will respond to your verified request as soon asreasonably practicable, but no later than sixty (60) days after receipt. Ifcircumstances cause any delay in our response, you will be promptly notifiedand provided a date for our response.
SupplementalNotice for Utah Residents. The Utah Consumer Privacy Act provides Utah residents with thefollowing rights: (i) the right to confirm whether a business is processingPersonal Information concerning the consumer and to access the consumer'sPersonal Information; (ii) the right to delete Personal Information concerningthe consumer; (iii) the right to restrict a business’s ability to processsensitive data about the consumer- specifically to opt-out of processing forprofiling/targeted advertising purposes; (iv) the right to request PersonalInformation about the consumer be disclosed in a common file format; and (v)the right to request to opt out of the sale of Personal Information about theconsumer to third parties.
SupplementalNotice for Virginia Residents. The Consumer Data Protection Act provides Virginiaresidents with the following rights: (i) the right to confirm whether or not acontroller is processing the consumer's Personal Information and to access suchPersonal Information; (ii) the right to delete Personal Information provided byor obtained about the consumer; (iii) the right to obtain a copy of theconsumer's Personal Information that the consumer previously provided to thebusiness in a portable and, to the extent technically feasible, readily usableformat; (iv) the right to opt out of the processing of the Personal Informationfor purposes of, targeted advertising, the sale of Personal Information, orprofiling in furtherance of decisions that produce legal or similarlysignificant effects concerning the consumer; and (v) the right to restrict abusiness’s ability to process Personal Information about the consumer,specifically to opt-out of processing for profiling/targeted advertisingpurposes.
Disclosure forColorado, Virginia, Utah, and Connecticut Consumers: Unless specifically stated, wedo not sell or share Personal Information to third parties for their own use.However, we may share or process one or more of the above categories ofPersonal Information with our affiliates and trusted partners in arrangementsfor purposes of targeted advertising, as the terms “sell,” “share,” “process,”and “targeted advertising” are defined in the CPA, VCDPA, UCPA, and CTDPA. Inthese arrangements, use of the information we share is limited by policies,contracts or similar restrictions.
Changes to thisSupplemental Notice: We reserve the right to amend this Supplemental Notice at ourdiscretion and at any time. When we make material changes to this SupplementalNotice, we will notify you by posting an updated Supplemental Notice on ourwebsite and listing the effective date of such updates.