Privacy Policy

Effective Date: February 10, 2022

Legal disclosures

Please note: By accessing and using this website, you represent and warrant that you (a) are an adult in the jurisdiction where you reside, (b) are not accessing the website to engage in any activity that could be harmful to the website, its owners, and/or its users, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you do not meet all the conditions above, you may not use the Platforms.

RealOpen.com is a trademark and DBA of RealOpen Inc. (herein “RealOpen” or “we,” “us,” “ours“), a Delaware corporation with its offices located in Los Angeles, CA, USA. RealOpen and is the owner and operator of www.RealOpenFun.com, social media pages on various social media websites, mobile applications and other information distribution media (collectively, the “Platforms”). RealOpen strives to protect the online privacy of visitors to its Platforms. Please note: by using our Platforms, you agree that you will be bound by these legal disclosures and Privacy Policy as well as our Terms of Use, available here. If you do not agree, you may not use the Platforms.

This Privacy Policy (“Policy”) sets forth our Platforms’ privacy practices, applies to information collected by RealOpen and its subsidiaries and affiliates through our Platforms, and describes:

  • The personally identifiable information (“PII”) collected from you through the Platforms, its use, and with whom it may be shared.
  • Your choices regarding your data.
  • Security procedures intended to protect the misuse of your information.
  • How to correct inaccuracies in the information.

This Privacy Policy is a part of our Terms of Use, which you can view here.

Please note that this Privacy Policy only applies while you are visiting and interacting with the Platforms, and once you leave the Platforms, whether independently or by navigating to links from the Platforms, this Privacy Policy no longer applies to such other websites that you may visit, and instead those websites’ privacy policy may apply.

1. Information We May Collect and Potential Use:

  1. PII: The Platforms may ask you to provide us PII such as, but not limited to, your name, mailing address, telephone number or email address. You do not have to share that with us. If you choose to submit your PII through the Platforms, we may collect and retain it. We will only use any PII we collect or share it with others as described in this Policy. We will notify you when you submit your PII to the Platforms if we may use your PII in ways other than those described in this Policy.

    We and our affiliates may use your PII to:

    1. contact you via email, text message, instant messaging, other messaging apps, our app, phone, fax, mail, or courier in the future to make you aware of services or products we and our affiliates or partners may offer, as well as events and/or promotions. By submitting your PII to us through our Platforms you consent to receive from us and/or our affiliates calls, instant messages, emails, other types of electronic messages, and SMS-type text messages at the telephone number and/or provided or through any app; please note that your consent is not a condition of purchase of any services we offer. You may opt out of such communications at any time, by following the instructions in the messages we may send you. PLEASE NOTE THAT BY GIVING US SUCH CONSENT TO CONTACT YOU AS SET FORTH IN THIS PARAGRAPH YOU AGREE TO HOLD US HARMLESS IN CASE WE DO CONTACT YOU, AND YOU CONSENT TO ARBITRATION OF ANY CLAIMS ARISING OUT OF OUR SENDING TO YOU OF ANY SUCH COMMUNICATIONS, AS MORE FULLY DESCRIBED BELOW.
    2. respond to you in connection with the reasons you contacted us and further assist you;
    3. personalize and improve your experience using our Platforms; and/or
    4. enforce and apply this Privacy Policy and our Terms of Use.

  2. Admission to our programs: To enhance your experience and provide convenient services to you, our Platforms may offer you the opportunity to create an account. To create an account, you must provide PII including name, address, telephone number, email, and so on. Such information as collected pursuant to this section may be used:

    • to complete your registration for our services;
    • to allow you to set up, access, and use a personalized account;
    • to allow us to improve our services we provide to our users and customers; and/or
    • to allow us to contact you in connection with offers, services, and/or goods offered by us and/or our affiliates and partners.

  3. Participation in the RealOpen programs and admission to the RealOpen Platforms: By accessing the Platforms, you agree to allow us to collect PII and/or other information disclosed herein about you and each entity you register with our Platforms, whether or not the entity is incorporated. Further, by accessing the Platforms and sending to us any information about an entity, you represent and warrant that you are that entity’s owner and/or control person and you have legal authority to share that entity’s information disclosed herein with us. You agree to indemnify and hold us harmless in connection with any PII and/or such other information that you share with us, and any misrepresentation you make as to your authority to share any PII and/or such other information with us.

  4. Non-PII We May Collect: To improve the functionality of our Platforms, the user and customer experience, and the quality of services and products we may offer from time to time to our users and customers, when you access and use the Platforms, we may also collect non-PII information that may provide information about you and/or your activity on the Platforms, such as your IP address, the type of browser you used to access the Platforms, and other websites you visited immediately prior and/or after you accessed our Platforms, the search terms you use to reach our Platforms and your activity on our Platforms; demographic information such as your age, gender, income, education, profession, area code, zip code, etc. Such information will typically be collected automatically, through cookies, server logs, and/or beacons, among others.

    Cookies are small data sets sent to your browser from a web server and stored on your computer, that do not store personally identifiable information about you unless you knowingly provide that, but may store non-personal information, such as what websites your browser has accessed. While you can refuse and/or delete cookies, some of our Platforms’ functionalities may not work properly or at all if you decline to accept, or delete cookies. We may also collect information about the device(s) you use to access or use the Platforms, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications, and the location of your device. With your separate consent, which we’ll ask prior to the time of such access, we may also access and collect information from certain apps on your devices such as your camera, photo album, or contact apps to facilitate your use of certain features of the Platforms. Other non-PII information we may collect for those purposes include your transaction information, such as your payment information, billing address, the products and services purchased, and your purchase and consuming history; your geolocation information, which may be derived from GPS or Bluetooth technologies; and video, imagery, and audio information, such as through our security cameras, photography taking, and CCTV systems. We may or may not, in our discretion, comply with any web browser’s “do not track” request or similar mechanism that indicates a request to disable online tracking of visitors to the Platforms, unless otherwise specifically stated.

  5. Information Collected from Other Sources: We may also obtain information about you from other sources and combine that with information we collect through our Platforms.

2. Disclosure of Information We Collect:

  1. PII and Non-PII Disclosure: Except as specifically set forth in this Policy, we do not share your PII with any entity not affiliated with us without your permission. We may determine, in our discretion, whether or how to use, disclose, license, assign or otherwise transfer information that is not PII, and/or aggregate information that does not link to any PII. Entities affiliated with us include any franchisees, parents, and/or subsidiaries.
  2. Entities We May Share PII and Non-PII With: We may share your PII and Non-PII with our corporate affiliates, including parents & subsidiaries, our franchisees, business partners, and also with our employees and agents, consultants, and other service providers whose assistance we need to conduct our business and provide services to you, such as lawyers, accountants, computer support, marketing and advertising specialists, and technical specialists, on a need-to-know basis. Prior to providing such information to those entities, we will enter into non-disclosure agreements with them, providing for sanctions and/or discipline for failing to comply with the confidentiality provisions.
  3. Other Uses of Your Information: In the course of providing services and/or products to you, we may need to share a limited amount of your information with third parties, such as third-party payment processors. Otherwise, we do not share your financial information with third parties.
  4. No Control Over Third-Party Platforms You May Visit: We do not and cannot control the privacy policies, if any, of any websites you may choose to visit from the Platforms, that are not affiliated with us. You should review such other websites’ privacy policies upon visiting them. You agree that we are not responsible for any data or information collection or use practices by such other websites.
  5. Successors and Assigns; Business Combinations: In the course of our business we may acquire other companies or assets or may enter into business combinations such as mergers or business sales. In such an eventuality, PII and non-PII that we have collected may be transferred as part of such transactions. You acknowledge, accept and agree that we have the right to transfer or share a copy of PII and non-PII collected through the Platforms to such transferees, acquirers or buyers of assets or businesses in such transactions. In the eventuality of such a transaction, we will use reasonable efforts to direct the acquirer, transferee, or buyer to use PII and non-PII collected through the Platforms in a manner consistent with this Policy.
  6. Mandated Disclosures: We may be required by law or legal proceedings in court or arbitration to disclose PII or non-PII, for instance in the context of subpoenas, litigation or arbitration proceedings, government requests, regulatory agency proceedings, or law enforcement proceedings, or to enforce or assert our rights. We may also disclose PII if or when we have a good faith belief that doing so is necessary to protect the rights, property, and/or safety of RealOpen, its employees, agents, or affiliates, our customers and users, or others whose safety may be at risk.

3. Information Security:

You should be careful how you handle and disclose your PII to others. Please refer to the Federal Trade Commission’s instructions about how to protect yourself against identity theft, available at http://www.consumer.ftc.gov/.

The security of your information is important to us and we take reasonable steps to protect it, consistent and proportionate with industry standards, our firm’s business, and our resources. To do so, we maintain physical, electronic, and procedural safeguards to secure your PII such as encryption technology, authentication, and firewalls. Of course, there is always some risk in transmitting information electronically. Also, you are aware from general news coverage, that at any time various entities and individuals with varying degrees of skill and resources seek to access websites and/or technology platforms to improperly obtain information about their users and the websites’ owners and/or gain access to and/or take control of their accounts, and understand and accept that this is a risk with all websites, including ours, notwithstanding reasonable and proportionate steps to protect user PII. Further, given that Platforms such as ours store their information “in the cloud,” i.e. on servers managed by third-party storage providers, they may fall victim to such improper and unauthorized access occurring as to those servers, and such access may cause PII stored on such servers to be improperly accessed. Given these facts, the resources and skill employed by such entities or individuals, and the pace of technology changes, you understand, accept, and agree that we cannot offer you an absolute guarantee that your information can never be improperly accessed by such third-parties, either when sent to us or when stored by us; you agree that we can only offer our reasonable and proportionate efforts to prevent that from happening.

YOU HEREBY ACKNOWLEDGE THAT REALOPEN, ITS AGENTS, OFFICERS, EMPLOYEES, PRINCIPALS, OWNERS, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THE SECURITY AND/OR CONFIDENTIALITY OF ANY INFORMATION THAT YOU SEND OVER THE INTERNET OR OTHERWISE SUBMIT THROUGH OUR PLATFORMS, AND YOU HEREBY RELEASE AND PROMISE TO HOLD HARMLESS REALOPEN, ITS AGENTS, EMPLOYEES, OFFICERS, OWNERS, PRINCIPALS, AFFILIATES, AND SUBSIDIARIES FROM ANY AND ALL CLAIMS ARISING OUT OR RELATED TO ANY BREACHES IN THE SECURITY OR CONFIDENTIALITY, AND/OR UNAUTHORIZED ACCESS AND/OR USE, OF SUCH INFORMATION AS YOU MAY SENT OVER THE INTERNET. YOU FURTHER AGREE THAT ANY CLAIMS YOU MAY HAVE IN CONNECTION WITH YOUR PII AND/OR THIS PRIVACY POLICY WILL BE SUBJECT TO INDIVIDUAL, NOT GROUP OR CLASS, ARBITRATION BEFORE ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL RULES, OR, JAMS, OR IF NEITHER AVAILABLE, A MUTUALLY-AGREEABLE ARBITRAL FORUM (CONSENT BY EITHER PARTY NOT BEING UNREASONABLY WITHHELD), LOCATED IN YOUR STATE AND/OR WITHIN TWO HOURS OF YOUR MAIN RESIDENCE, WITH EACH PARTY ADVANCING THE FILING FEES FOR THEIR RESPECTIVE CLAIM AND THE LOSING PARTY TO THE ARBITRATION ULTIMATELY BEING LIABLE FOR SUCH FILING FEES AS WELL AS THE WINNER’S LEGAL FEES AND EXPENSES. AS TO SUCH CLAIMS AS MENTIONED HEREIN, YOU AGREE THAT ARBITRATION OFFERS A FAST, STREAMLINED, AND CONFIDENTIAL WAY TO RESOLVE ANY POTENTIAL DISPUTES, AND WAIVE THE RIGHT TO TRIAL BY JURY, OPT OUT OF ANY CLASS PROCEEDINGS, AND AGREE THAT YOU MAY ONLY FILE CLAIMS IN YOUR INDIVIDUAL CAPACITY AND NOT IN A REPRESENTATIVE CAPACITY FOR A CLASS, OR AS MEMBER OF A CLASS.

4. Your Options regarding our communications with you and your PII

If you would like to no longer receiver marketing communications from RealOpen, you may use the “unsubscribe” link at the bottom of any marketing email message you or simply email us with the subject line “Unsubscribe” to [email protected]. Please allow up to fifteen business days after you notify us of your intent to unsubscribe, for us to remove your name from our database. If you would like us to change or delete your PII, you should contact us at [email protected] and request so. If we receive a request from you to change or delete your PII, we will make reasonable efforts to do so, however we reserve the right to keep in our archives any information we remove or change in our Platforms databases, for purposes such as resolving disputes or potential disputes, troubleshooting various technical issues, or enforcing our terms and conditions of use. In addition, it may not be technologically possible in to remove each and every record of the information users and/or visitors provide to us.

5. Links to Other Platforms

Our Platforms may contain links to other websites or social media pages maintained by third parties that are unrelated to us. We have no control over linked platforms and are not responsible for the data security, privacy practices, or the content of such platforms. Further, we do not undertake a duty to check or monitor the content, data security, or privacy practices either when we link to such platforms or subsequently on an ongoing basis. Our users and/or visitors should check the applicable privacy policy of these other platforms before interacting with them or providing to them any PII.

6. For Residents of California Only: Your Privacy Rights

Under Section 1798.83 of the California Civil Code, if you are a resident of California you have the right to request from us, in case you have an established business relationship with us, certain information with respect to the types of personal information we share with third parties for those third parties’ direct marketing purposes, and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year. If you would like to do so, you may make one request each year by emailing us at [email protected] with the words “Request for California Privacy Information” on the subject line and in the body of your message. Please provide in your request sufficient information to properly identify you and/or the members of your family for whom you are filing the request.

7. International Users

THIS WEBSITE AND OUR PLATFORMS ARE NOT INTENDED FOR THE USE OF USERS OUTSIDE OF THE JURISDICTIONS WHERE WE CONDUCT BUSINESS. AS SUCH, WE ARE NOT AWARE OF THE PROVISIONS OF ANY LAWS OUTSIDE OF THE UNITED STATES PERTAINING TO THE MATTERS REFERENCED OR ADDRESSED IN THIS PRIVACY POLICY, NOR DO WE UNDERTAKE A DUTY TO COMPLY WITH SUCH LAWS. IF YOU ACCESS OUR PLATFORMS FROM OUTSIDE THE UNITED STATES, YOU ACKNOWLEDGE, AGREE, AND CONSENT THAT YOUR INFORMATION, INCLUDING PII, WILL BE TREATED THE SAME WAY AS FOR U.S. USERS AND VISITORS, AS DESCRIBED IN THIS PRIVACY POLICY, AND IN ACCORDANCE WITH U.S. DATA PRIVACY LAWS. BY ACCESSING OUR PLATFORMS FROM SUCH FOREIGN LOCATIONS, YOU AGREE TO HOLD US HARMLESS FROM AND INDEMNIFY US IN CONNECTION WITH ANY CLAIMS OR ALLEGATIONS OF VIOLATIONS OF SUCH FOREIGN LAWS IN CONNECTION WITH YOUR ACCESS OF OUR PLATFORMS.

8. Changes to Policy

We reserve the right to change this Policy at any time, so please review it often. If we change our Policy, we will post any such changes to this page and to other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to change this Policy at any time, so please review it often. If we change our Policy, we will post any such changes to this page and to other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

9. Contact Us

If you have questions regarding our Policy, please contact us at [email protected].