Privacy Policy

Last Updated: January 7, 2016

Please read this privacy policy (the "Privacy Policy") carefully to understand how Opentest Inc., operating as Loom, its subsidiary and affiliate corporations, successors, and assigns (collectively, "Opentest", “our”, “us” or “we”) uses and protects the information that we collect from visitors to the UseLoom.com, all other websites owned and operated by Opentest that redirect to useloom.com and all subdomains of useloom.com, (collectively, the “Loom Site”), the users (“Users”) of the Loom Properties (as defined below), and viewers of our Users’ videos (“Viewers”).

This Privacy Policy applies to information collected by Opentest through the Loom Site, any Opentest computer software downloadable or otherwise available from the Loom Site ("Loom Software") and any Opentest services purchased or otherwise made available from the Loom Site ("Opentest Services") (collectively, the " Loom Properties").

This Privacy Policy does not apply to the practices of any third party websites, applications or services that Opentest does not own or maintain (collectively, “Third Party Services”) or to any third parties who use the Loom Application Programming Interface (API) to perform any function related to the Loom Properties (“Integrated Platforms”). Specially, this Privacy Policy does not cover any information or other content you can view via the Loom Properties on Integrated Platforms or information you provide to Third Party Services accessed via the Loom Properties. As further detailed below, we cannot take responsibility for the content or privacy policies of any Third Party Services. If you are a Viewer we encourage you to carefully review the privacy policies of the Loom User whose Content you view and the privacy policies of any Integrated Platforms or Third Party Services used by such User which you may access via the Loom Properties.

This Privacy Policy also does not cover any information, recorded in any form, about more than one individual where the identity of the individuals is not known and cannot be inferred from the information (“Aggregated Information”). Opentest retains the right to use Aggregated Information in any way that it reasonably determines is appropriate.

By using a Service or otherwise providing us with your Personal Information, you are accepting the practices described in this Privacy Policy, as they may be amended by us from time to time, and agreeing to our collection and use of your information in accordance with this Privacy Policy. If you do not agree to the collection, use and disclosure of your information in this way, please do not use any of the Loom Properties or otherwise provide Opentest with Personal Information (as defined below).

The terms in this Privacy Policy may be changed so you should review it periodically for changes. We reserve the right, at any time, to modify or replace the Privacy Policy. The most recent version of the Privacy Policy is available at https://www.useloom.com/privacy-policy. Please check the Privacy Policy periodically for changes, though we may also notify you via email or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the Loom Properties or the treatment of your Personal Information. Your use of the Loom Properties following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

A. WHAT INFORMATION OPENTEST COLLECTS FROM YOU

Opentest collects only the information required to provide products and services to you. The amount of information provided by you and collected by Opentest depends on the circumstances. Opentest may collect two (2) types of information about you: Personal and Non-Personal.

  1. “Personal Information.” Personal Information refers to any information about an identifiable individual (e.g. name, mailing address, telephone number and e-mail address), or an individual whose identity may be inferred or determined from the information. Opentest may collect Personal Information when you use the Loom Properties including, without limitation, setting up account information, filling out surveys, corresponding with Opentest, or otherwise volunteering information about yourself.
  2. “Non-Personal Information.” Non-Personal Information refers to information that, by itself, does not identify you as a specific individual (e.g. demographic information or website visitations). Opentest may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies described further below.

B. HOW OPENTEST COLLECTS YOUR INFORMATION

  1. Registration. Prior to using one or more of the Loom Properties, Opentest may require you to provide us with certain Personal Information and Non-Personal Information to create an account (“Account”) or to enable features or functionality of the Loom Properties.
  2. For Users, Opentest may gather Personal Information about organizational representatives via various methods (phone, email, online forms, in-person meetings) but only if such Personal Information is submitted voluntarily. Opentest may use such Personal Information for sales, marketing, and support of the Loom Properties. This Personal Information is never shared with third parties other than Third Party Service Providers utilized by a User in connection with Opentest Services.
  3. User communications: When you send email or other communications to Us, We may retain those communications in order to process your inquiries, respond to your requests and improve the Loom Properties.
  4. Payment Information: Payment Information: When creating an Account, for certain Loom Properties, or when you make online purchases, you may be asked to provide information, which may include your payment instrument number (e.g., credit card), your name and billing address, and the security code associated with your payment instrument (e.g., the CSV) and other financial data (“Payment Information”). We use Payment Information to complete transactions, as well as for the detection and prevention of fraud. When you provide Payment Information while authenticated, we will store that data to help you complete future transactions without your having to provide the information again. We do not, however, retain the security code associated with your payment instrument (e.g., the CSV) in this manner. To remove or modify Payment Information, please contact us. After you close your account or remove Payment Information, however, we may retain your Payment Information for as long as reasonably necessary to complete your existing transaction and for the detection and prevention.
  5. Information Collected Through Technology. Opentest automatically collects and receives certain information from your computer or mobile device, including the activities you perform on the Loom Site, the Opentest Software and the Opentest Services, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see below). If you have an Account, we may link this Non-Personal Information to your Account to better understand your needs and the needs of Users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of the Loom Properties, and better understand and market to our customers and Users.
  6. We use technology to automatically gather information by the following methods:
    1. Cookies. Opentest uses cookies on the Loom Site and other aspects of the Loom Properties. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer's hard drive which work by assigning to your computer a unique number that has no meaning outside of the Loom Properties. Cookies do not generally contain any Personal Information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Loom Properties unavailable to you.
    2. IP Address. You may visit many areas of the Loom Site anonymously without the need to become a registered User. Even in such cases, Opentest may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin services with an Internet services provider. Each time you access the Loom Site and each time you request one of the pages of the Loom Site, the server logs your IP address.
    3. Web Beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. Opentest may use these technical methods in HTML e-mails that Opentest sends to Users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is Personal Information.
    4. Tracking Content Usage. If you use the Opentest Services and you post audio visual materials including, without limitation, videos, links, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, “Content”) to your website or to a third party website, Opentest tracks and captures Non-Personal Information associated with User accounts and the use of Content by those that access your Content.
  7. Information You Provide About a Third Party. You may have the opportunity to communicate with others from the Loom Properties, such as by sending an invitation to a friend. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate (e.g., name, e-mail address, etc.). Opentest collects such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you (e.g., an invitation to watch a video). Unless we explicitly say otherwise, Opentest will not use this information for other marketing purposes without first obtaining consent from the person to whom the relevant information pertains. Please be aware that when you use any invitation functionality on the Loom Properties, your e-mail address, name or username, and message may be included in the communication sent to your addressee(s).

C. HOW OPENTEST USES YOUR INFORMATION

  1. Personal Information. Opentest identifies the purpose for which your Personal Information is collected and will be used or disclosed. If that purpose is not listed below, we will identify any additional purposes for which we will collect your Personal Information, before or at the time of collection, and we will obtain your consent to collect, use or disclose your Personal Information for such additional purpose(s).
  2. By using the Loom Properties, you will be deemed to consent to our use of your Personal Information for the purposes of:
    • communicating with you generally;
    • processing your purchases;
    • processing and keeping track of transactions and reporting back to you;
    • protecting against fraud or error;
    • providing information or services requested by you;
    • administering and managing the Loom Properties and our business operations;
    • personalizing your experience with the Loom Site, as well as evaluating statistics on Loom Site activity;
    • performing statistical analyses of your behavior and characteristics, in order to measure interest in and use of the various sections of the Loom Site;
    • communicating with you on other websites;
    • e-mail gating;
    • delivery of content and information to Third Party Services Providers;
    • complying with legal and governmental requirements; and/or
    • fulfilling any other purpose that would be reasonably apparent to the average person at the time that we collect it.
  3. Users utilize Loom Properties to manage and deliver Content to Viewers. As part of this process Opentest may collect from you Personal Information. Please see Section D to understand what Loom may do with this information.
  4. Otherwise, we will obtain your express consent (by verbal, written or electronic agreement) to collect, use or disclose your Personal Information. You can change your consent preferences at any time by contacting us (see the “How to Access and Change Your Personal Information” section below).
  5. Non-Personal Information. Opentest may use Non-Personal Information for the following purposes:
    • System Administration: Opentest may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with Opentest servers, monitoring Opentest's system performance and traffic on the Loom Properties and to gather broad demographic information about Opentest Users.
    • Personalization: Opentest uses Cookies and IP Addresses to track features such as delivering Content specific to your interests and informing you of new, relevant services or certain third party offerings.
    • Advertising: Opentest may use Non-Personal Information to assist in optimizing the delivery of advertisements to viewers of your Content.

D. HOW TO ACCESS AND CHANGE YOUR PERSONAL INFORMATION

  1. Updating Your Personal Information. Upon request, Opentest shall allow Users to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests. Additionally, upon request, Opentest shall delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete a User’s entry without some residual information being retained due to the manner in which data backups are maintained. Requests to delete Personal Information may be submitted to team@useloom.com.
  2. E-mail Preferences. Opentest may use your Personal Information to send you e-mails periodically listing promotions or events relating to the Loom Properties or from Opentest's marketing partners or sponsors. You have the choice to opt-out of receiving such promotional e-mails by sending an e-mail to team@useloom.com and/or following the instructions in such correspondence. Once Opentest's has processed your opt-out request, Opentest will not send you promotional e-mails unless you opt back in to receiving such communications.

E. DISCLOSURE OF INFORMATION TO THIRD PARTIES

Except as described below, we do not sell, transfer or otherwise disclose, sell, trade, or otherwise transfer your Personal Information to outside parties. This statement does not include trusted third party service providers who assist us in administering and providing the Loom Properties or provide services to us. Examples include storing and managed Content, analyzing data, providing marketing assistance, integrations of Third Party Services such as CRM and MAP services, processing credit card payments, and providing customer service. These third party service providers will have access to Personal Information needed to perform their functions, but may not use it for other purposes. We may use service providers located outside of the United States, and, if applicable, your Personal Information may be processed and stored in other countries and therefore may be subject to disclosure under the laws of those countries.

We may share Payment Information with third parties for purposes of fraud prevention or to process payment transactions.

We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property or for safety. We may also provide non-Personal Information to other parties for marketing, advertising or other uses.

Information, including Personal Information, which we collect from Users and Viewers, is considered to be a business asset. As a result, in the unlikely event that we go out of business, enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information may be disclosed or transferred to the third-party acquirer in connection with the transaction.

Lastly, we may provide Users with certain identifiable usage information directly related to the videos and/or other Content that they make available through the Loom Properties. Such information may include how many and which Content of a particular User was watched by a particular Viewer, from where a particular Content was watched by a particular Viewer and how many times a particular Content was watched by a particular Viewer. In addition, if you, as a Viewer, provide Personal Information (e.g. e-mail address) as part of accessing and viewing Content, that Personal Information may be collected by us, a provider of Third Party Services or an Integrated Platform on behalf of the User who owns the Content and shared with that User or Third Party Service providers to that User, as we and others are their service provider. The use of such information will be subject to the information and privacy practices and policies of such Users and Opentest will not be responsible or liable or the use of any information by such Users and any Opentest will not be responsible for their use of your information.

Under certain exceptional circumstances, Opentest may have a legal duty or right to collect, use or disclose your Personal Information without your knowledge or consent. In accordance with applicable laws, We will not disclose any consumer information (which may include Personal Information) without your written consent, except where consumer information is required to be disclosed: (i) for billing or market operation purposes; (ii) for law enforcement purposes; or (iii) for the purpose of complying with a legal requirement.

You are deemed to consent to disclosure of your information for the above purposes. If your Personal Information is shared with third parties other than Users, those third parties may be, but are not always, subject to appropriate agreements with Opentest and/or its Users to secure and protect the confidentiality of your Personal Information.

F. SAFEGUARDING YOUR PERSONAL INFORMATION

Opentest takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information. These include, but are not limited to, internal reviews of: (a) Opentest's data collection; (b) storage and processing practices; (c) electronic security measures; and (d) physical security measures to guard against unauthorized access to systems where Opentest stores Personal Information.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information you provide to us.

All Opentest employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution or unauthorized use or disclosure of Personal Information.

Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

G. A NOTE ABOUT CHILDREN

Privacy for Student’s and Children’s Under 13 Years Old: The entire Opentest team takes the privacy of students and children extremely seriously. We do not intentionally target our Services to students or children of any kind. Although this is a secure Service, we do not claim to be COPPA compliant. We are able to sign FERPA requests when necessary.

Student Privacy Policy Pledge: Opentest has taken upholds the Student Privacy Pledge per the terms consistent on https://studentprivacypledge.org.

H. THIRD PARTY WEBSITES AND SERVICES

The Loom Properties may contain links to third party websites or services, including Third Party Services, (collectively, “Third Party Sources”) who may collect Personal Information and Non-Personal Information directly from you. Links to Third Party Sources are intended for convenience only. Third Party Sources are wholly independent from Opentest. Third Party Source may have separate privacy policies and data collection practices, independent of Opentest. Opentest: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such websites; and (c) does not make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them.

I. HOW TO CONTACT US

If you have any questions or concerns about our privacy policy or privacy practices, you may contact us directly as follows:

Email us: team@useloom.com

or:

Opentest, Inc.
729 Minna Street
San Francisco, CA 94103

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