Open Accounting Privacy Policy

Last Updated: October 18, 2018

1. Introduction

Open Accounting, LLC (referred to as “Open Accounting” or “us” or “we” or "Company") provides Users (as defined below) with access to an open source accounting platform known as the Open Accounting Platform (the “Platform”). The Platform is accessible to users via the openaccounting.io website (and all other Open Accounting related websites) (collectively, the “Site”) and the Open Accounting mobile application (as further defined below, the "App"), and makes various accounting-related Content and other Services (each defined below) available to users. This Privacy Policy (this “Policy”) discloses the privacy practices of Open Accounting, including as related to the Platform, the Site, the App, the Content and other Services from time to time offered by Open Accounting. Open Accounting respects the privacy of its Users, and we created this privacy policy (the "Policy") to explain how we collect, use and disclose your information when you access the Site and the App and otherwise use the Services. The Policy is only applicable to our Site, the App and our other Services and not to any other website, service or online platform. BY DOWNLOADING, INSTALLING, REGISTERING WITH, ACCESSING OR UTILIZING THE SITE OR THE APP, SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS VIA THE SITE OR THE APP, OR OTHERWISE UTILIZING ANY OF THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THIS POLICY, PLEASE EXIT AND CEASE ALL USE OF THE PLATFORM, THE SITE, THE APP AND ALL OTHER SERVICES NOW. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS PRIVACY POLICY BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SERVICES

2. Definitions

The following terms shall have the following meanings for purposes of this Privacy Policy. Capitalized terms not defined in this Section are defined elsewhere in this Privacy Policy or in the Terms of Use applicable to the Services.

"Affiliate(s)” means Open Accounting’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers and advertising providers, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site, the App, the Content and any of our other Services (including Apple and Google).

“App” means the software application currently known as “Open Accounting” that may be downloaded, installed or is otherwise accessible on a User’s computer or mobile device via the Site, the Apple App Store, the Google Play Store, or other similar platforms.

“Content,” means any content, material, information, data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or otherwise accessed by Users on or through the Site, App or other Services but excludes User Material.

"Services" means (i) the Platform, (ii) the Site, (iii) the App, (iv) all Content, (v) any specific service or offering that may be provided by Open Accounting via the Platform, the Site or the App, which may include Premium Features (as defined in our Terms of Use), (vi) any specific service or offering that may be mutually agreed upon by a User and Open Accounting in a written statement of work or other similar agreement, (vii) any support services and related technologies, software and/or APIs that may be provided by Open Accounting in its sole discretion for facilitating, maintaining and monitoring your use of the foregoing, and (vii) any other services or offerings that Open Accounting may provide from time to time via the Platform.

“User” or “you” or “your” (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the Platform, the Site, the App or any of the other Services. "User" shall include employees or agents of an entity that registers to use any of the Services to the extent such individuals share their personal information with Open Accounting as set forth herein.

“User Material” means the content, material, information (including financial information), data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material that a User may import, upload or otherwise provide to the Service in connection with a User’s use of the Service.

3. Modification of Privacy Policy; Notice of Changes

Open Accounting reserves the right to change this Privacy Policy at any time and for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting the revised Privacy Policy on the Site and/or the App. User acknowledges and agrees that it may be required for User to maintain a valid email address as a registered user and that this is User’s responsibility. It is also User’s responsibility to review the Site and/or the App and this Privacy Policy periodically and to be aware of any modifications. User’s continued use of the Services after such modifications will constitute User’s (i) acknowledgment of the modified Privacy Policy; and (ii) agreement to abide and be bound by the modified Privacy Policy.

4. Types of Information Collected

In order to better provide Users with Open Accounting’s numerous Services, Open Accounting collects two types of information about Users: Personally Identifiable Information and Non-Personally Identifiable Information (collectively referred to as “User Information”). Open Accounting’s primary goals in collecting information from User are to provide User with a smooth, efficient, and customized experience while using Open Accounting’s Site and/or the App, to provide the Services and to collect information related to the Services.

4.1 Personally Identifiable Information

Personally Identifiable Information refers to information that lets Open Accounting know the specifics of who Users are. When User engages in certain activities on the Site or the App, such as contacting Open Accounting via the provided forms or sending Open Accounting an email, Open Accounting may ask User to provide certain information about User by filling out and submitting an online form. If User elects to engage in these activities, however, Open Accounting may ask that User provide personal information, such as first and last name, organization name, email address and telephone number. Depending upon the activity, some of the information Open Accounting asks User to provide is identified as mandatory and some as voluntary. If User does not provide the mandatory information with respect to a particular activity (for example, subscribing to a Premium Feature or purchasing any paid Services), User will not be able to engage in that activity. Users may be required to provide additional personally identifiable information to become a User and to use certain Services. We will collect certain Personally Identifiable Information as required to process User payments for Premium Features and other paid Services in accordance with our Terms of Use. Our Terms of Use may also describe other Personally Identifiable Information that may be required from Users.

4.2 Non-Personally Identifiable Information

Non-Personally Identifiable Information refers to information that does not by itself identify a specific User. Open Accounting gathers certain Non-Personally Identifiable Information about Users based upon their access to and use of the App and/or the Site, including, but not limited to: traffic data, location data, logs, communication data, the resources that a User accesses and uses on or through the App and/or the Site, the website's Uniform Resource Locator ("URL") from which User just came, to which URL User next goes, what browser User is using, and User’s Internet Protocol ("IP") address. It can also include including information about your mobile device and internet connection, including the device’s unique device identifier, operating system, browser type, and mobile network information. This information can be compiled and analyzed on both a per-user and an aggregated basis. We may also collect other Non-Personally Identifiable Information. In certain cases we may combine Non-Personally Identifiable Information with Personally Identifiable Information in which case all resulting or connected data will be considered Personally Identifiable Information.

4.3 Information from Third Party Sites

We may collect, store and use certain User Information from third party sites and services that are accessible via or integrated with the Site or the App or are contemplated by use of the Services (e.g. Google accounts, etc.), including information that may be transmitted by such third party sites in connection with use of the Services. We may also receive access, store and/or use User Information that is collected by third party service providers and our other vendors related to your use of the Services (e.g. Google Analytics, Stripe, etc.).

5. Collection of User Information

5.1 Disclosure of Personally Identifiable Information

Open Accounting generally does not collect any Personally Identifiable Information about a User unless that User voluntarily provides it to Open Accounting or it is related to use of a Service in connection with an integrated third party site or account. User provides certain Personally Identifiable Information to Open Accounting when User (i) downloads and installs the App; (ii) provides information in the App or allows the App to access certain device permissions or settings; (iii) submits web forms or provides/imports information through the Site or the App, including information provided at the time of registering to use the Site or the App; (iv) transmits other information by telephone or email, including Open Accounting’s “contact us” web form; iv) connects third party accounts or facilitates access by the Site or the App to such third party sites; (vi) subscribes to certain Premium Features or other paid Services, or (vii) provides it via other methods Open Accounting may request or allow from time to time. Open Accounting may also collect information from a User at other locations on the Site or the App that state that such information is being collected. In certain cases, we may collect Personally Identifiable Information related to your use of the Services automatically after you have subscribed to or purchased a Premium Feature or other paid Service (e.g. we may identify Users after purchase of a Premium Feature or paid Service to ensure that payment has been made and User is using the Premium Feature or Service in accordance with its terms).

5.2 Automatic Collection of User Information

In addition, Open Accounting may also automatically collect, including through third party service providers (e.g. Google Analytics), certain User Information, including Personally Identifiable Information. Such User Information may be collected when you use the Services and may not require you to provide or input specific information. Open Accounting may use User Information to diagnose problems with the Services and to improve and market the Services and as otherwise set forth in this Privacy Policy.

5.3 Other Potential Methods for Collecting User Information

Open Accounting, and/or its Affiliates or its service and technology providers may use various methods to collect Personally and Non-Personally Identifiable Information about Users. These methods may include, but are not limited to (i) cookies - a small text file containing a string of alphanumeric characters placed on User’s computer or mobile device that identifies User’s web browser; (ii) analytics and user tracking technologies that may allow us to monitor what actions Users take on the Site or the App; (iii) log Files – information, which is automatically reported by User’s web browser each time User views a web page, possibly including, but not limited to, User’s IP address, browser type and language, number of clicks, domain names of websites visited, pages viewed, and the order of those pages, the amount of time spent on particular pages, the date and time; (iv) clear gifs - web beacons, which are pieces of data used to track the online usage patterns of Users anonymously, and which may also be used in HTML-based emails sent to Users to track which emails are opened by recipients; (v) third party service-based technologies and information, including, but not limited to, linked services (such as Google Accounts) that User authorizes to share information about User with Open Accounting; (vi) other social media or third party site connects or authorizations to share information’ (vii) other available technologies that may be integrated into the Site or the App; and (viii) requests for data or information collected through the Services.

5.4 App Information

We may collect certain User Information when you use our App. Such Information may include:

  • Device Information. We collect information from and about the devices you use. For example, we collect:
    • information about your hardware and software, such as the hardware model, operating system version, device memory, advertising identifiers, unique application identifiers, apps installed, unique device identifiers, browser type, language, battery level, and time zone;
    • information from device sensors, such as accelerometers, gyroscopes, compasses, microphones, and whether you have headphones connected; and
    • information about your wireless and mobile network connections, such as mobile phone number, service provider, and signal strength.
  • Device Phonebook. If the Services allow you to send messages, we may collect information from your device’s phonebook and contact information. In addition, we may access your contacts in your phone.
  • Camera and Photos. Some of our Services may require us to collect images and other information from your device’s camera and photos. For example, you won’t be able to send upload photos from your camera roll unless we can access your camera or photos.
  • Location Information. When you use the Services we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses.

Use of User Information

Open Accounting will use User Information to:

  • Provide and operate the Services;
  • Enable You to access and use the Services, including uploading, downloading, collaborating on and sharing content and sending messages on Your behalf;
  • Deliver information to Users and to contact Users regarding administrative notices;
  • Respond to Your requests, inquiries, comments and concerns;
  • Evaluate and improve the Services, and our other products and services and to develop new products, services, features and benefits;
  • Provide technical, product and other support for the Services;
  • Provide You with special offers and other information about the Services as well as other products, events and services of ours, our Affiliates, and non-affiliated third parties;
  • Identify usage trends and for data analysis, including for purposes of research, audit and reporting;
  • Process and credit payment transactions;
  • Comply with our legal obligations, resolve disputes, and enforce our agreements; and
  • For our business and commercial purposes as described below.

Open Accounting uses User Information generally in our business operations and activities and for any of our commercial purposes consistent with Applicable Law. We may also match or combine User Information that You provide with information that we obtain from other sources or that is already in our records, whether collected online or offline or by predecessor or affiliated group companies, for the purposes described above.

If Open Accounting should ever file for bankruptcy or have Open Accounting’s assets sold to or merge with another entity (or otherwise engage in any business combination or similar transaction), information Open Accounting receives from User through use of the Services is Open Accounting’s asset and may be transferred without any restriction.

7. Sharing of User Information

Open Accounting may share and disclose User Information with third parties, including as follows:

  • Our Service Providers. We may engage third parties to provide the Services and we may provide User Information to them in order to provide the Services (e.g. hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, etc.).
  • Affiliates. We may share your User Information with our Affiliates who will use such information in accordance with their own privacy policies.
  • Partners. We may share your User Information with our corporate partners and other third parties related to our business or for their business purposes. This may include third party advertisers for their marketing purposes.
  • Corporate and Asset Transactions. If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger, sale or transfer of all or a substantial part of our business, we may transfer all information we have collected and stored, including User Information, to the party or parties involved in the transaction as part of that transaction.
  • Other Uses. We may share your User Information as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

8. Updating and Correcting Information

Open Accounting believes Users should have the ability to access and edit the Personally Identifiable Information that you have provided to Open Accounting. Users may contact Open Accounting to determine what Personally Identifiable Information we have on such User by contacting Open Accounting through the appropriate contact information or web forms located on the Site and/or the App.

Please include first and last name, address, and email address when contacting Open Accounting. Open Accounting encourages each User to promptly update their Personally Identifiable Information if it changes. In addition, it may be impossible to completely delete a User’s Personally and Non-Personally Identifiable Information without some residual information because of reasons including, but not limited to, server backups and disaster recovery. User acknowledges that altering, updating or deleting any Personally or Non-Personally Identifiable Information may alter the functioning or operation of the Services for User.

9. User Choices on Collection and Use of Information

9.1 Email(s)

Open Accounting may, from time to time, send User email(s) regarding Open Accounting’s products and services or the Services. If User does not want to receive such mailings, simply contact Open Accounting as set forth in this Privacy Policy or as set forth in such emails.

9.2 Disabling Cookies

User also has choices with respect to cookies, as described below. By modifying browser preferences, User may have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If User chooses to reject all or some cookies, some parts of Open Accounting’s Services may not work properly in User’s case.

9.3 Opt-Out

At any time, you may opt out of allowing us to use your Personally Identifiable Information by contacting us at the information set forth below in Section 14. We will process your request within a reasonable time. However, please note that in certain instances, we may have already used or shared your Personally Identifiable Information consistent with this Policy prior to your opt out. In addition, you may not be able to use the Services if you opt-out.

10. Security of Information

The importance of security for all Personally and Non-Personally Identifiable Information associated with Open Accounting’s Users is important to Open Accounting. Open Accounting values the privacy and security of User Information and uses reasonable efforts to protect User’s Personally and Non-Personally Identifiable Information so that it is secure. However, User acknowledges that no data transmission or hosting over the Internet or any wired or wireless network can be guaranteed to be 100% secure and neither can the storage of such data or information. As a result, while Open Accounting strives to protect User’s Personally and Non-Personally Identifiable Information, User acknowledges that (i) there are security and privacy limitations of the Internet and mobile platforms which are beyond Open Accounting’s control; (ii) the security, integrity and privacy of any and all information and data exchanged between User and Open Accounting through the Services and data and information that is stored by Open Accounting cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit or in rest by a third party. AS A RESULT, WITH REGARD TO THE SECURITY AND INTEGRITY OF PERSONALLY AND NON-PERSONALLY IDENTIFIABLE INFORMATION, USER USES THE SITE, THE APP AND ALL OF THE OTHER SERVICES AT USER’S OWN RISK.

11. Additional Information on Cookies

11.1 General Information

When User uses the Site, Open Accounting may store cookies on User’s computer in order to facilitate and customize User’s use of the Site. A cookie is a small data text file, which a web site stores on User’s computer's hard drive (if User’s Web browser permits) that can later be retrieved to identify User to Open Accounting. The cookies make User’s use of the Site easier, make the Site run more smoothly and help Open Accounting to maintain and operate the Site securely, although Open Accounting makes no such guarantees about the Site’s operation. User is always free to decline Open Accounting’s cookies if User’s browser permits, but some parts of the Site may not work properly in that case. To learn more about cookies, including how to enable cookies, change your browser settings and find and delete cookies on your hard drive, please refer to your web browser’s help menus or visit www.allaboutcookies.org. By using the Site, you are deemed to unambiguously agree to its use of any cookies that you do not disable.

11.2 Third Party Cookies

As part of your use of the Services, certain service providers may place a separate cookie on your computer (e.g. Google Analytics, Stripe).

12. Third Party Providers; Scope

12.1 Third Party Providers

As described above, we may use third party service providers to facilitate use and operation of the Site and/or the App and for other Services related activities. Your User Information may be provided to and used by such third parties. For example, we use Stripe for payment, analytics, and other business services. Stripe collects identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

12.2 Scope of Privacy Policy

This Privacy Policy only addresses the use and disclosure of information Open Accounting collects from Users. Other sites, including but not limited to those of Open Accounting’s Affiliates and other sites available through the Site or the App, have their own privacy policies and data collection use and disclosure practices. Please consult each site's privacy policy, including, without limitation, those set forth above. Open Accounting is not responsible for the policies or practices of third parties. User should contact these advertisers, providers, or other third parties directly if User has any questions about the use of the information that these third parties collect.

13. Do Not Track Disclosures; California Requirements

13.1 Do Not Track

Do Not Track is a privacy preference that Users can set in their web browsers. When a User turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the User. For information about Do Not Track, visit www.allaboutdnt.org. At this time, Open Accounting does not respond to Do Not Track browser settings or signals. In addition, Open Accounting may use other technology that is standard to the Internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to the Site or one of the affiliated pages hosted at the Open Accounting domain. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.

13.2 Request of Information for California Users

California Civil Code Section 1798.83 entitles California Users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California Users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the “How to Contact Us” section below.

14. Miscellaneous Issues

14.1 Age Policies

User must be at least 18 years old to have Open Accounting’s permission to use any of the Services. Open Accounting’s policy is that Open Accounting does not knowingly collect, use or disclose any Personally Identifiable Information (or other information) about Users that are under 13 years of age.

14.2 Server Host Country

The Site and App are hosted in the United States. If User is visiting from the European Union (“EU”) or other regions with laws governing data collection and use that may differ from U.S. law please note that User is transferring personal data to the United States which does not have the same data protection laws as the EU, or other nations, and by providing personal data to Open Accounting, User consents to: (i) the use of User’s personal data for the uses identified above in accordance with this Privacy Policy; and (ii) the transfer of User’s personal data to the United States as indicated above.

14.3 Questions or Concerns About this Privacy Policy

If you have any questions about this Privacy Policy, contact Open Accounting at support@openaccounting.io, or through the contact information provided on the Site.

14.4 Terms of Use

Your use of the Services is also subject to, and you agree to, our Terms of Use applicable to the Services. The term “including” as used in this Policy shall mean “including, without limitation,” unless the context otherwise requires.

BY USING THE PLATFORM, USING THE SITE, DOWNLOADING OR INSTALLING THE APP AND/OR SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS VIA THE SERVICES, OR OTHERWISE ACCESSING OR USING ANY OF OUR OTHER SERVICES, USER AGREES TO BE BOUND BY THIS PRIVACY POLICY. IF USER DOES NOT WISH TO BE BOUND BY THIS PRIVACY POLICY, PLEASE EXIT THE SITE AND/OR THE APP NOW AND CEASE ALL FURTHER USE THEREOF AND OF ALL OTHER SERVICES. USER’S AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS PRIVACY POLICY BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S USE OF ANY OF THE SERVICES.