The OpenMarket Service (“Service”) is comprised of a suite of mobile messaging products (“Products”) provided to commercial customers (“Customers”) for purposes of providing mobile products and services to “Subscribers” (also known as “individuals”) of mobile operators (“Operators”). The Service is provided to Customers in the United States (“U.S.”), the member states of the European Union (“EU”), and in Switzerland.
In providing this Service, OpenMarket enables the transmission of mobile messages (“Data”) from its Customers to the Subscribers requesting the product or service. The treatment of this Data is extremely important and an integral part of OpenMarket’s product offerings.
Given OpenMarket’s reliance on the transmission of Data, some of which is global in nature, OpenMarket has taken the appropriate measures to ensure its due diligence as it concerns the security, integrity and ethical use of such Data. Part of this due diligence is this attestation of OpenMarket’s adherence to the U.S.-EU Safe Harbor Framework, the U.S.-Swiss Safe Harbor Framework, and the other Privacy Principles defined by that of the EU Commission.
OpenMarket complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. OpenMarket has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Open Market’s certification, please visit http://www.export.gov/safeharbor/.
Information collection and use
OpenMarket provides its Service, which at its core, enables the transmission of Data to those mobile Subscribers agreeing to the terms and conditions of its Customers. Specifically, the OpenMarket Service provides a means for its Customers to offer to Subscribers mobile services or products that contain Data which ultimately may be used for mobile services such as alerting, marketing, advertising, content delivery, as well as mobile billing and a number of other products offered by OpenMarket and its Customers.
In providing this Service, the Data transmitted to, from or between the U.S. and the EU or Switzerland is retained for purposes of OpenMarket providing its Service, including its internal business operations. Data is never disclosed to third parties not included in the chain of transmission (e.g., Customer, OpenMarket, or Operator). OpenMarket does not solicit or directly collect Data about its Customers or Subscribers.
OpenMarket currently does not directly collect an individual’s personal information, sensitive or otherwise. The Data is collected by our Customers as well as the Operators, and entrusted to OpenMarket for reporting and invoice generation. The information collected from our Customers is not used for any other purpose then the intent for which the information was originally collected.
The privacy principles described in this Statement are based on the Safe Harbor Privacy Principles and the analysis conducted on the frequently asked questions (FAQ) as defined by the Commission.
If personal information, outside of the use of Data for purposes of OpenMarket’s Service, is intentionally collected from individuals, they will be informed of the purpose for which the information is collected and how the information will be used and shall agree to such use via an opt in procedure.
In the event any personal information is disclosed to a third party without the requisite consent from the individual, notice of the disclosure and intended use of their information shall be promptly provided in clear and conspicuous language.
OpenMarket and its Customers will give Subscribers the opportunity to choose (opt-out) if their personal information is to be disclosed to a third party, or used for a purpose incompatible with the purpose for which it was originally collected, or subsequently authorized by the individual.
For sensitive information, OpenMarket and its Customers will give individuals explicit (opt-in) choice if their information is to be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected, or subsequently authorized by the individual.
OpenMarket currently does not share any information, sensitive or otherwise, with any third parties.
OpenMarket does not transfer or disclose any information with third parties. In the event that OpenMarket was to disclose information to a third party, OpenMarket would apply the Notice and Choice Principles described above. OpenMarket would also ensure the third party subscribes to the Privacy Principles as defined by the Commission and that the same level of privacy protection is in place in regards to the care and handling of the information.
When OpenMarket transmits and processes personal information, OpenMarket does take reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, as well as alteration and destruction. These precautions are a part of the OpenMarket Information Security Program, are a part of our services to our clients and are under continual analysis for applicability and effectiveness.
Consistent with the Privacy Principles, information that is entrusted to OpenMarket for transmission and processing will be used in a manner that is consistent with the purpose for which the information was intended. OpenMarket will not alter, change or destroy the information without prior authorization and currently takes reasonable steps to ensure that the data is accurate, complete and current.
OpenMarket will take reasonable steps as guided by the Privacy Principles to permit individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete, when collected or stored, except where the burden or expense of providing access would be disproportionate to the risks of an individual’s privacy or where the rights of a person other than the individual would be violated.
OpenMarket ensures the availability of an affordable, independent recourse mechanism by which each individual’s complaints and disputes are investigated and resolved by reference to the privacy principles. For purpose of this policy the independent resource mechanism shall be the American Arbitration Association.
OpenMarket also ensures adherence to these Privacy Principles by conducting compliance assessments of the relevant privacy practices in-house. In the event these assessments discover non-compliant privacy practices, corrective action plans will be developed to resolve the identified gaps in compliance, as well as a preventative action plan to maintain that compliance.
Any employees determined by OpenMarket to be in violation of these privacy principles will be subject to disciplinary action up to and including termination of employment.
Any questions or concerns regarding the use or disclosure of personal information should be directed to the address given below. OpenMarket will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Statement. For complaints that cannot be resolved between OpenMarket and the complainant, OpenMarket uses the American Arbitration Association as the independent recourse mechanism in dispute resolution pursuant to the Safe Harbor Principles.
OpenMarket reserves the right to modify this Statement at any time without notice. If changes are made to this Statement, the changes will be posted on the OpenMarket website and other places OpenMarket deems appropriate.
All changes made to this Statement will not interfere with, impede or change OpenMarket’s belief in and adherence to the U.S.-EU and U.S.-Swiss Safe Harbor Framework Privacy Principles. These principles are an intricate part of OpenMarket’s services to Customers and Subscribers, and will always remain an important principle to the OpenMarket business.
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