1. Introduction

Open Dollar and its affiliates (hereinafter, "Open Dollar", "the Company", "we", "us" or "our") are committed to protecting and respecting your Personal Information (as defined in paragraph 3 below). In addition, we recognize that persons who use Open Dollar value their privacy. This Privacy Policy, together with our Disclaimer, governs our collection, processing and use of your Personal Information. By accessing Open Dollar, you are consenting to the information collection, use hold and disclosure practices as described in this Privacy Policy.

If you wish to know more about this policy, please contact us via email at legal@opendollar.com. By visiting our website, using our services or otherwise providing us with your Personal Information (or authorizing it to be provided to us by someone else), you agree to your Personal Information being handled by us as set out in this Privacy Policy.

2. Purpose of Privacy Policy

The purpose of this Privacy Policy is to set out in a transparent way the collection and use of information by Open Dollar.

3. Personal Information

Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not, and whether the information is recorded in a material form or not. Personal Information includes but is not limited to:

Full legal name, address for service, e-mail address, phone number, date of birth, photographic identification, government-issued identification and other contact details.
Open Dollar requires the highest level of browser permissions that could potentially lead to procurement of more Personal Information than enclosed in the definition of Personal Information.
World Wide Web-related information, including but not limited to IP Addresses, operating system, the website you came from and browser type may be received by Open Dollar as a result of your interactions with Open Dollar.
Open Dollar uses Matomo for purposes of monitoring web traffic. Any identifying information collected via Matomo is controlled by Matomo.
Ethereum blockchain and other public blockchains provide transparency into transactions and Open Dollar is not responsible for preventing or managing information broadcasted on a blockchain.

4. Purpose of Personal Information collection

Personal Information is collected in order to:

Provide our services efficiently and effectively;
Inform you about Open Dollar' features;
Develop, enhance, market and deliver products and services to you;
Understand your needs and your eligibility for products and services;
Provide information to you about developments and new products, including changes and enhancements to the Site;
Conduct surveys and get feedback from you;
Establish and maintain a responsible commercial relationship with you;
Provide you with news and other matters of general interest to you as Open Dollar customer;
Meet Open Dollar's legal and regulatory requirements (eg, information required to verify your identity).

5. Security, Protection and Use of Personal Information

Open Dollar is committed to protecting your privacy. Internally, only a specified number of employees within our business have access to your Personal Information.

These employees have duties that reasonably require access to your Personal Information. We take the security of Personal Information very seriously and we take appropriate measures to ensure that Personal Information is not accessed or disclosed by anyone outside the terms of this policy.

We will also take appropriate measures to prevent unauthorized access or alteration of your Personal Information. These measures include internal reviews, storage and processing practices and security measures as well as physical measures to prevent unauthorized access to systems where we store Personal Information. However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure or error free and we are unable to guarantee the absolute security of the Personal Information we have collected from you. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Information.

Open Dollar reserves the right to retain and share certain Personal Information in order to meet our regulatory and statutory requirements. In addition, Open Dollar reserves the right to retain and share certain Personal Information with our corporate partners, and third parties acting on behalf of Open Dollar.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of us (or our assets) will continue to have the right to use your Personal Information and other information in accordance with the terms of this Privacy Policy.

Personal Information and other related data may be exported outside of the jurisdiction in which you reside. Your Personal Information may be processed and stored in a foreign country or countries. Under those circumstances, the governments, courts, law enforcement or regulatory agencies of that country or those countries may be able to obtain access to your Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be lower than those of the jurisdiction in which you reside. You should note that you are not obliged to give your Personal Information to Open Dollar, but if you choose not to do so, we may not be able to provide our services, or your access to our services may be limited.

6. Direct Marketing

From time to time, if you are a customer or a potential customer of Open Dollar, we may contact you about our products as part of one of our campaigns, or to gain feedback on our services or marketing strategies. We may contact you via email. By signing up to our website you are consenting to this Privacy Policy and the receipt of our direct marketing messages. If you wish to no longer receive our direct marketing as outlined in this Privacy Policy, please unsubscribe from the emails via the link in their footer or send an email entitled "Unsubscribe" to the email address legal@opendollar.com. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes

7. Consent

You consent to the collection and use of Personal Information as described in this Privacy Policy. We reserve the right to use and disclose Personal Information without your knowledge or consent as permitted by this Privacy Policy or applicable law. When additional consent is required for the collection of Personal Information and the subsequent use or disclosure of Personal Information, that will be provided via an additional form that may vary depending upon the circumstances and the type of Personal information obtained.

8. Disclosure of Personal Information

We use the Personal Information for the purposes indicated at the time you provide us with such information, and/or otherwise for the purposes set out in this Privacy Policy and/or as otherwise permitted by law. We may make available the Personal Information that you provide to us to our affiliates, agents, representatives, service providers and contractors for these purposes. We also reserve the right to disclose Personal information that Open Dollar believes, in good faith, is appropriate or necessary to enforce the terms in our Disclaimer, take precautions against liability or harm, to investigate and respond to third-party claims or allegations, to respond to a court order or official requests, to protect security or integrity of Open Dollar and to protect the rights, property or safety of Open Dollar, our uses or others.

We may employ third party companies and individuals to facilitate our services, to provide the services on our behalf, to perform service-related services and/or to assist us in analyzing how Open Dollar is used. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, payment services providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Information, in connection with their performance of such functions. These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

We may share Users' Personal Information with any financial dispute resolution scheme to which the Company subscribes, and other law enforcement bodies, regulatory agencies, courts, arbitration bodies and dispute resolution schemes, as may be required by law.

If you request it in writing, we may share your Personal Information with your nominated advisers. Except where disclosure of your Personal Information is required by law or requested by you, we will generally require any third party which receives or has access to Personal Information to protect such Personal Information and to use it only to carry out the services they are performing for you or for us unless otherwise required or permitted by law. We will ensure that any such third party is aware of our obligations under this Privacy Policy and we will take reasonable steps to ensure that contracts we enter with such third parties bind them to terms no less protective of any Personal Information disclosed to them than the obligations we undertake to you under this Privacy Policy or which are imposed on us under applicable data protection laws.

In the event that Open Dollar is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment or the application of laws or change of control, there may be a disclosure of your information to another entity related to such an event.

9. Access and Changing of Personal Information

We take all reasonable steps to ensure your Personal Information is accurate and up to date. If we believe that it is not accurate, we may contact you to update your Personal Information. If you believe the Personal Information that we have stored about you is inaccurate you may contact us via legal@opendollar.com to change the Personal Information we have stored. Where we do receive unsolicited Personal Information, we will determine whether or not it would have been permissible to collect that information if it had been solicited. If we determine that it would not have been permissible by law to collect the information, we will destroy or de-identify that Personal Information as soon as practicable. You may also ask us to send you the Personal Information we have about you. If you would like to access this information, please contact us on the above email. You may also request the deletion or destruction of your Personal Information by sending an email to us. We will act on your request only when it is not inconsistent with our legal and regulatory obligations and compliance procedures. Upon your written request, we will inform you of the use and general disclosure of your Personal Information. Depending on the nature of your request, there may be a minimal charge for accessing your Personal Information.

10. Cookies

A cookie is a small file that asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We have chosen to use cookies that will improve your experience of using the website and also ensure your privacy is protected and respected at all times.

Before the website places cookies on your computer, you will be presented with a message bar requesting your consent to set those cookies. By giving your consent to the placing of cookies, you are enabling Open Dollar to provide a better experience and service to you. You may, if you wish, deny consent to the placing of cookies; however certain features of the website may not function fully or as intended.

We aim to use traffic log cookies to identify the pages being used. We will also be using performance-related cookies to recognize and count the visitors on our website and how our visitors move around our website when they use it.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.

11. Certain Provisions for EU and California Residents

International Privacy Laws

If you are using or visiting Open Dollar from outside the United States, including those that fall under the scope of the European General Data Protection Regulation (GDPR), please be aware that you are sending information (including Personal Information) to the United States where our servers are located.

The GDPR gives you rights with respect to your Personal Information, subject to any exemptions provided by the law, including the rights to:

Request access to your Personal Information;
Request correction or deletion of your Personal Information;
Object to our use and processing of your Personal Information;
Request that we limit our use and processing of your Personal Information; and
Request portability of your Personal Information.

We will keep your Personal Information only for the period required unless you authorize except as authorized under this Privacy Policy and as you otherwise authorize.

You can usually access, correct, or delete your Personal Information using your account settings and tools that we offer, but if you are not able to do that, or you would like to contact us about one of these or other rights, please contact us: legal@opendollar.com and give us details of your inquiry.

EU individuals also have the right to make a complaint to a government supervisory authority.

The information about you that we process when you use Open Dollar in the EU may be used, stored, and/or accessed by individuals operating outside the European Economic Area (EEA) who work for us, other members of our group of companies, or third party data processors. This is required for the purposes listed in this Privacy Policy. When providing information about you to entities outside the EEA, we will take appropriate measures to ensure that the recipient protects your Personal Information adequately in accordance with this Privacy Policy as required by applicable law. These measures include:

In the case of US based entities, entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield; or
In the case of entities based in other countries outside the EEA, entering into the European Commission approved standard contractual arrangements with them.

You can ask us for more information about the steps we take to protect your Personal Information when transferring it from the EU.

Certain Rights for California Residents

The CCPA provides California residents with specific rights regarding their Personal Information. For individuals whose state of residence does not afford these rights, we may offer them voluntarily and at our discretion, and we reserve the right to limit or revoke any such rights at any time, as may be permitted by applicable laws. This section describes your CCPA rights and explains how to exercise those rights:

‍

Right to Know: You have the right to request what Personal Information about you we collect, use, disclose, and/or sell, as applicable, over the past 12 months as follows:

The categories of Personal Information we collected and used about you;
The categories of sources from which we collected the Personal Information about you;
Our business or commercial purpose for collecting or selling, as applicable, that Personal Information;
The categories of third parties with whom we share that Personal Information;
The specific pieces of Personal Information we collected about you; and
If we disclosed your Personal Information for a business purpose or otherwise sold it, information regarding such disclosures, identifying the Personal Information categories that each category of recipient obtained.

Right to Correct: You have the right to request that we correct any inaccurate personal information we may maintain about you.

Right to Limit: You have the right to request that we limit use and disclosure of sensitive personal information as required under the CCPA.

Right to Delete: You have the right to request the deletion of your Personal Information that is collected or maintained by us. If we receive and confirm your verifiable consumer request, we shall delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies or as otherwise required by law.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights described above.

Right to opt-out of the sale of Personal Information: You have the right to request to be opted out from the sale of your Personal Information, if applicable. However, we use and share Personal Information as set forth herein and do not sell Personal Information.

‍

To exercise any applicable CCPA rights described above, please submit a verifiable consumer request to us by either:

Emailing us at legal@opendollar.com

Sending postal mail to: the contact information provided below.

The above rights are subject to our being able to reasonably verify your identity and authority to make these requests. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

The above rights are also subject to various exclusions and exceptions under the law. Under certain circumstances, we may be unable to implement your request, pursuant to applicable law. We will advise you of any reason for denying or restricting a request to the extent permitted by law.

12. Retention of Personal Information

We will hold your Personal Information only for as long as it is necessary for us to do so, having regard to the purposes described in this Privacy Policy and our own legal and regulatory requirements. In general, Personal Information relating to your Account is retained for at least a period of 5 years after your Account is closed.

13. Users Under Age of 13

Open Dollar does not knowingly collect or store any Personal Information about children under 13 without verifiable prior parental consent. If you believe such information has been inadvertently collected, we will take the necessary steps in order to remove such information from our database. Users under 13 must seek and obtain parental consent to use this website.

14. Links

There may be links from our Site to other sites and resources provided by third parties. This Privacy Policy applies only to our Site. Accessing those third-party sites or sources requires you to leave our Site. We do not control those third-party sites or any of the content contained therein and you agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services or actions and/or any damages, losses, failures or problems caused by, related to or arising from those sites. We encourage you to review all policies, rules, terms and regulations, including the privacy policies, of each site that you visit.

15. Changes

Our policies, content, information, promotions, disclosures, disclaimers and features may be revised, modified, updated, and/or supplemented at any time and without prior notice at the sole and absolute discretion of the Company. Users will be able to check the last date when the Privacy Policy is updated. If we make any material changes to this Privacy Policy, we will notify you by placing a prominent notice on our website. Your continued use of Open Dollar after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the modified Privacy Policy.

16. Contact Us

If you have any questions, comments, or concerns regarding our Privacy Policy and/or practices, please contact us at legal@opendollar.com or at the mailing address noted below. We will get back to you if required as soon as possible and within 14 days.

OpenFi Labs Inc.
1779 Kirby Pkwy #20410
Memphis, TN 38138
Attn: Legal Department

‍

Disclaimer

This Disclaimer is issued by OpenFi Labs Inc., a limited company based in the United States (the “Issuer”) in association with OpenFi Foundation, a foundation company based in the Cayman Islands (the “Foundation”) (the Issuer and the Foundation together, “we”, “our”, or “us”).

Open Dollar Protocol Disclaimer

Although we developed the Open Dollar protocol technology stack, including its smart contracts, (collectively the “Open Dollar Protocol Software”), the Open Dollar Protocol Software since its deployment runs in a fully decentralized and immutable manner on the Ethereum network. We are neither involved nor in any way responsible for the operation or functioning of the Open Dollar Protocol Software and/or any of the interactions, collaborations or relationships between you and the Open Dollar Protocol Software. We have neither access to nor any other ability to control the corresponding transactions, deposits and/or allocations made by you using the Open Dollar Protocol Software. Consequently, we will not be liable (individually or together) for any claims or damages whatsoever associated with your use, inability to use, or interaction with the Open Dollar Protocol Software, including but not limited to any direct, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.

Open Dollar Website Disclaimer

The content of this website (opendollar.com), any references made within it, and any accompanying documentation (collectively the “Website”) are operated by us. The Website is provided for information purposes only and should not be construed as providing any sort of advice. You should not take, or refrain from taking, any action based on any information contained in the Website.

‍

Although the Website may provide redirect links to third party websites (each a “Third Party Website”, collectively the “Third Party Websites”), we do not operate the Third Party Websites. The Third Party Websites are independently deployed and maintained by frontend operators (“Frontend Operators”) and are not hosted and/or served by us. There is no agreement, relationship or connection of any kind between us and any Frontend Operators. We do not have any control and/or influence on the Third Party Websites, and we do not support, audit, or monitor any Frontend Operators. Consequently, we will not be liable (individually or together) for any claims or damages whatsoever associated with your use, inability to use, or interaction with, a Third Party Website (and/or any applications integrated into and/or hosted on such a Third Party Website (each an “App”, collectively the “Apps”)), including but not limited to any direct, incidental, special, exemplary, punitive or consequential damages, or loss of profits, cryptocurrencies, tokens, or anything else of value.

‍

The list of Frontend Operators on the Website is provided for information purposes only. The list is not conclusive and we have not conducted any due diligence on any Frontend Operators. We therefore do not make any statement regarding technical functionality and/or the trustworthiness of the listed and/or any other Frontend Operators. There are no official Frontend Operators and the use of any third party deployment of any Apps is made at your own risk. You are solely responsible for doing your own due diligence on any Frontend Operator of any Third Party Websites and Apps to understand the associated risks.

‍

By accessing or using the Website and/or by proceeding to a Third Party Website and/or using an App, you signify that you have read, understand, and agree with this Disclaimer. If you do not agree with this Disclaimer, you are not authorized to access or use (and should not use) the Website and/or should not proceed to use a Third Party Website and/or App.