Privacy Policy

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OPEN social audio is a social live-streaming platform that connects people all over the world. Our goal is to provide a safe and trusted space so that all users can have a positive and respectful experience on OPEN. Protecting our users as well as their privacy is a priority for us.

In our Privacy Policy, you’ll find all the information you need on how we process personal data. Please read it carefully, and remember that it applies every time you use OPEN.
We strive to make the policy as clear and accessible as possible, but if you have any questions about it or about how your data is being used, please contact our team at [email protected].

When you use the OPEN social audio App (“OPEN”) or any of OPEN social audio GmbH (“OPEN” “we,” or “us”) websites, content, services, applications, or products (the foregoing services and the OPEN social audio App constitute the “Services”) we collect information about you (“Personal Data”). This means data that lets you identify yourself directly, like your gender, age, languages you speak or indirectly such as your password, phone number, or your browsing or session data.

1 WHO IS RESPONSIBLE FOR PROCESSING YOUR PERSONAL DATA?
2 WHAT DATA DO WE COLLECT?
3 WHAT ARE THE LEGAL REASONS WHY WE COLLECT DATA?
4 HOW DO WE USE THE DATA WE COLLECT?
5 HOW LONG DO WE KEEP YOUR DATA FOR?
6 WHO HAS ACCESS TO THE DATA WE COLLECT?
7 WILL YOUR DATA BE TRANSFERRED OUTSIDE OF YOUR COUNTRY?
8 HOW IS YOUR DATA PROTECTED?
9 YOUR RIGHTS
10 CHILDREN AND OUR SERVICES
11 CONTACT

Privacy Policy

1 WHO IS RESPONSIBLE FOR PROCESSING YOUR PERSONAL DATA?

It’s OPEN social audio GmbH. We are an Austrian company and our head office is at Plankengasse 6/22b, 1010 Vienna.

OPEN social audio GmbH publishes the OPEN social audio App, an audio social network that enables you to chat with your friends or people from around the world, in particular through live audio calls.

2 WHAT DATA DO WE COLLECT?

In order to operate the Services, we collect the information (i) which you provide to us directly, as well as (ii) data which we collect automatically, within the territory where we provide our services and where the user is located.

(i) Data you provide to us directly

Registration data: in order to be able to use the OPEN App, you must create an account and provide us with the following personal details:

Your date of birth: others will not see this information.
Your gender: you can choose to specify it or not. This information will not be visible to other users.
The password that will enable you to log into your account. This data is not visible to other users, and you should never share your password with other users.
The languages you can speak. Others will not see this information, but you will be matched based on it.

All the foregoing information is mandatory in order for you to create your profile and to register on the OPEN App.

Data concerning your interaction with the OPEN App: if you report a problem to us, request help or exercise your rights, we will process the information you provide to us.

Data concerning your location (geolocation): subject to your consent, we collect and process data concerning your location. This will not be available to other users.

Data concerning content: the audio files that you decide to upload to your stories will be visible to all users you are connected with. Be careful what you share with others and don’t forget that all users can save the content you share and that we cannot do anything to stop this and therefore bear no liability for any loss or damage related to it. When you are using the Services, be aware that it is possible to deactivate screenshots and screen-record (images and video) by other users in the application, but it is also possible for other users to make screenshots and screen-record (images and video) using the tools on their device, over which we have no control and therefore bear no liability for any loss or damage related to it. The same goes for the videos you post and talk via the OPEN App live call service.

The messaging service is only available to users who are saved to each other’s voicebooks. We may apply filters to your messages to warn you about sending or requesting potentially unsafe content. Otherwise, messages exchanged between users remain private and are not forwarded to other users or third parties under any circumstances, except in the event of a judicial inquiry and/or in accordance with the laws and regulations in force.

Device voice book: You can choose to send a message to your contacts who are not on the OPEN App to ask them to join you on the app. In order for us to provide this service, we need access to your address book, which we will use to collect data for the above purpose only. We will never add your contacts without your permission, or send them communications that you do not authorize.

Microphone: in order to be able to send and upload your voice notes, you must give us permission to access your microphone.

(i) Data we collect automatically

Data concerning your activity on the Services: when you use the Services, we can collect and process information such as the date you register, the date you last logged in, your interactions with other users (for example, number of calls, duration of calls) and your stories.

Data concerning devices and hardware: we collect information from and on the devices and hardware you use to access the Services such as your IP address, your device type, advertising identifier (e.g., Google’s AAID and Apple’s IDFA, both of which are randomly generated numbers that you can reset by going to your device settings), application bugs, version and language, operating system, etc.

3 WHAT ARE THE LEGAL REASONS WHY WE COLLECT DATA?

When we collect and process your Personal Data, we may do so for the following reasons:

To enable you to access and use the Services: this actually means that you are performing the contract we have with you, which corresponds to our Terms of Service, which includes this Privacy Policy. For example, when you use the Services, we use your data to operate your account, match you with others, suggest friends, send your messages and the content you share, broadcast your audios live, to recommend additional ways for you to use the Services, OPEN social audio GmbH’s affiliates and entities that provide services to you or us.

In the legitimate interests of OPEN social audio GmbH: we may use your data if we have a legitimate reason to do so. For example, we process data for administrative purposes, to guard against fraudulent and illegal conduct (e.g.: false age), and to ensure that the application remains secure.

To fulfil a legal obligation: we are required, for example, to keep data identifying new content and to forward it to the authorities if requested to do so.

With your consent or that of your legal guardian: while we process data with your consent, you may withdraw such consent at any time by going to ‘Settings’ or deleting your account.

4 HOW DO WE USE THE DATA WE COLLECT?

We collect, use and store your Personal Data described in Section 2 of this Privacy Policy in order to process your requests, manage our relationship with you and your use of the Services, optimize the Services and tools in order to create and maintain a secure environment, and fulfill our legal obligations, as explained below.

Managing our relationship and access to the Services

To create and manage your user account (including access to OPEN services and Help);
Geolocate you;
To manage and store messages exchanged between users who have become friends and live audio calls;
Where appropriate, to show you offers and content we think you’ll like;
To send information messages concerning the Services and your interactions with other users (Notifications) and inform you of different ways to use the Services.

Security and fulfilment of legal and contractual obligations;

To respond to requests from and fulfil the requirements of applicable laws, administrative and judicial authorities, law enforcement officials and legal officers, and to abide by court decisions;
To identify and prevent fraudulent activity and threats to the security of the Services pursuant to and in accordance with the law;
To analyze reports concerning users who have breached our Terms of Service and/or our legal rights;
To improve the safety and security of our services;
To use information collected via cookies or any other technology to improve our services and your user experience;
To enforce or defend our legal rights, including our rights under our Terms of Service and this Privacy Policy;
To counter fraud (for example related to age), confirm your identity, and fight against any use of the Services that is illegal or contrary to our Terms. We take measures to detect inappropriate content such as explicit language, emojis with hidden meaning, sexual content), gore, violence, terror, racism, extremism, drugs, self-harm, suicide, gamble, infringement of others’ rights, and other illegal or harmful content. Posting or talking about such content is a violation of our Terms of Service, and we may remove it and suspend or ban users who produced it.

5 HOW LONG DO WE KEEP YOUR DATA FOR?

You can delete your account at any time by clicking on the relevant button in your ‘Settings’. When you delete your account, you will no longer be able to communicate through the Services, and your profile will no longer be accessible.

We will only keep your Personal Data for the period of time required to fulfil the purposes for which we collected it, unless we are permitted or required by law to keep it for a longer period of time. Generally, we will delete your Personal Data as soon as you delete your account, unless:

We are required to retain it as proof that we comply with the legislation in force (e.g. recordings of consent to our Terms of Service, Privacy Policy, and other similar consents are retained for five years);
We need the information to resolve a dispute or exercise or defend our legal rights;
We must retain the data consistent with our legitimate commercial interests, for example in order to prevent fraud and improve users’ safety and security. For example, we may be required to retain data in order to prevent a user who has been banned from opening a new account due to their illegal or dangerous conduct or a security incident.

6 WHO HAS ACCESS TO THE DATA WE COLLECT?

OPEN social audio does not sell Personal Data. We disclose Personal Data as described below.

Our authorized employees may access and process your Personal Data as necessary to provide the Services.

Sharing content and information about yourself is entirely up to you. When you post information through the Services, send messages to your friends, or otherwise communicate through the Services, we share your Personal Data consistent with your account settings.

Service Providers. We may share any of the categories of Personal Data described in Section 2 of this Privacy Policy with service providers to help us operate and improve the Services. For example, we may use service providers to host Personal Data and/or the Services; study or analyze the use and/or operation of the Services; detect and mitigate fraud or abuse of the Services; and provide assistance requested by users.

Change of Ownership. If we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, we may sell or transfer your Personal Data as part of that transaction. This Privacy Policy will continue to apply to Personal Data transferred to the new entity.

Affiliates. We may also disclose Personal Data about you to our corporate affiliates to help operate the Services.

Legal Obligations and Public Safety. Lastly, notwithstanding anything to the contrary in this Privacy Policy or any of the account settings or controls we offer in connection with the Services, we may provide Personal Data to law enforcement, judicial, or administrative authorities to comply with legal obligations; in response to lawful orders or requests; to protect the safety of any person; to preserve the security and integrity of the Services or to protect the rights or property of us or other users of the Service.

7 WILL YOUR DATA BE TRANSFERRED OUTSIDE OF YOUR COUNTRY?

In order for your Personal Data to be processed in accordance with this Privacy Policy, such data may be transferred to one or more other countries that may or may not be within yours.

We use mechanisms recognized by applicable regulations, such as standard contractual clauses approved by the European Commission, to govern such transfers.

8 HOW IS YOUR DATA PROTECTED?

OPEN social audio GmbH uses technical and organizational measures to protect Personal Data against loss, misuse, alteration and erasure.

Nevertheless, there can always be risks on the Internet and we cannot guarantee at 100% the security of your Personal Data.

9 YOUR RIGHTS

You have the right to access your Personal Data and to request that it be corrected, adjusted, completed and updated.

You may also request that your Personal Data be deleted, request a copy, limit or refuse the processing of your Data, or request that it be limited within the terms of current legislation.

You may ask to exercise your right to data portability; in other words, your right to receive your Personal Data in a frequently used structured format and your right to send such data to another processor. As indicated in Section 3 above, your data is processed with your consent and you can withdraw your consent at any time by going to “Settings”.

In order to exercise your rights, we may ask you for further information to confirm your identity.

You may submit your request, or have an authorized agent submit your request, by sending an e-mail to [email protected] or sending a letter to the address listed in Section 11 of this Privacy Policy.

We will do our utmost to fulfil your requests, but don’t forget that this right is not unlimited and must be exercised according to the conditions of current legislation. Any request to exercise your rights should be reasonable. Where necessary, we will explain the reasons why we are unable to meet your request. If applicable, we may also charge a fee to cover necessary costs arising from the request to review or obtain copies of the Personal Data. Requests might take longer depending on our availability.

We will not discriminate against you for exercising any of the rights described in this section. However, refusing and/or limiting all or part of the use of your Personal Data will impact the way you register and use the Services. Consequently, after you make certain requests, we may be unable to provide part or all of the Services to you.

Do Not Track. FOR CALIFORNIA RESIDENTS ONLY, We do not respond to Do Not Track signals that your browser may send to us.

Should you have any other complaint, please contact the appropriate national data protection authority.

10 CHILDREN AND OUR SERVICES

Our Services are not directed to children under the age of 13. If you are between the ages of 13 and 17, we may require your parent or legal guardian to consent to your use of the Services. We do not knowingly sell Personal Data about users under the age of 16.

11 CONTACT

Should you have any questions concerning this Privacy Policy or requests concerning your Personal Data, you can contact us:

By completing the online report form directly via the application;
By sending an e-mail to [email protected]; or
By writing to us at the following postal address: OPEN social GmbH – Plankengasse 6/22b, AT – 1010 Wien.

OPEN social audio GmbH (referred to as “OPEN”, “we”, “us” or “our”) is a Data Controller and responsible for your personal data and is registered in Plankengasse 6/22b, 1010 Vienna, Austria with the company number: FN 548612 h.

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.

Cookies usage

OPEN uses cookies in a range of ways to improve your experience on our website, including:
– Keeping you signed in.
– Understanding how you use our website.
– Types of cookies

There are a number of different types of cookies, however, our website uses:

Functionality – OPEN uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

Advertising – OPEN uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address.

How to manage cookies

You can set your browser not to accept cookies. However, in a few cases, some of our website features may not function as a result.

Privacy policies of other websites

The OPEN website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Appropriate authority

Should you wish to report a complaint or if you feel that OPEN has not addressed your concern in a satisfactory manner, you may contact: Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, Austria.

Updates to our Privacy Policy

We may update this Privacy Policy from time to time, in particular for us to comply with current regulations, or in case of changes to the way we use your Personal Data. Please check this Privacy Policy frequently to learn about changes to the Privacy Policy.

We will notify you through the OPEN app or by email (if you have provided your email address to us) before changing this Privacy Policy in ways that we determine, in our sole discretion, to be material. By continuing to use the Services after changes to our Privacy Policy, you provide your full acceptance of those changes and the Privacy Policy as a whole.

Last updated: 18th of October 2021.

Accuracy of materials

The materials appearing on OPEN social audio GmbH’s website could include technical, typographical, or photographic errors. OPEN social audio GmbH does not warrant that any of the materials on its website are accurate, complete or current. OPEN social audio GmbH may make changes to the materials contained on its website at any time without notice. However OPEN social audio GmbH does not make any commitment to update the materials.

OPEN social audio GmbH has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. Use of any such linked website is at the user’s own risk.

Modifications

OPEN social audio GmbH may revise these terms of service for its website at any time without notice. By using the OPEN social audio GmbH’s website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Austria and you irrevocably submit to the exclusive jurisdiction of the courts in Austria.

Participation in the free Beta (test phase)

You can register for the free Beta (test phase) on a waiting list without obligation via the OPEN social audio website. OPEN social audio GmbH always guarantees that participation in the free Beta is free of charge, although mobile data costs can occur as per your mobile and/or internet provider. By registering without obligation, you agree to be contacted by OPEN in the future in connection with the free Beta (test phase) and other use of OPEN, specifically in order to be able to register for the free Beta (test phase). For the registration for the non-binding and free Beta, OPEN social audio GmbH uses the GDPR-compliant software Prefinery.

You also have the option of inviting other people to the free Beta (test phase) via a personalised link and thereby changing your position on the waiting list. Should one of your referred friends sign up too until the end of August, we provide you lifelong access to all features of our app, as long as we continue to host this service and offer it for the broad public. This does not entitle you to demand the continuance of our service, nor makes us liable in any way for not continuing it for whatever reason.

You can unsubscribe from the Beta (test phase) waiting list at any time by contacting us via email: [email protected].

OPEN does not guarantee that all registered users will be able to take part in the beta phase, nor later on use the services provided by OPEN.

OPEN reserves the right of ending the beta phase at any point in time without notice. After the test phase OPEN might offer paid subscriptions and/or other paid features and/or products. The users will be informed about any costs.

Data Privacy

Collected Data

We collect:

Your email address in order to contact you.
Locational data. This means data we get about where you are, such as may come from your mobile phone or the address where you connect a computer to the internet.
Behavioural data. These are details about how you use our products and services and social media.
Technical details. Meaning details on the devices and technology you use.
Communication. What we learn about you from letters, emails and conversations between us.

Data Collection

You directly provide OPEN with most of the data we collect. We collect data and process data when you:

Register via our website for any of our products or services.
Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
Use or view our website via your browser’s cookies.
Add additional information via our website.

Data Usage

OPEN collects your data so that we can:

Create, administer and manage your account.
Email you special offers on other products and services we think you might like.

Data Storage

OPEN strives to securely store your data only within the EU or the European Economic Area (EEA). However, it can also happen that data is transferred outside the EU/EEA. If this happens, OPEN ensures that the data protection complies with the GDPR and that the third country is subject to an adequacy decision of the European Union, Standard Contract Clauses (SCC) or other mechanisms to lawfully transfer data are in place. Any data is always stored for as long as OPEN requires it for processing or until you demand otherwise.

Data protection rights

All your data belong to you. OPEN would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access: You have the right to request OPEN for copies of your personal data. We may charge you a small fee for this service.

The right to rectification: You have the right to request that OPEN correct any information you believe is inaccurate. You also have the right to request OPEN to complete the information you believe is incomplete.

The right to erasure: You have the right to request that OPEN erase your personal data, under certain conditions.

The right to restrict processing: You have the right to request that OPEN restrict the processing of your personal data, under certain conditions.

The right to object to processing: You have the right to object to OPEN processing of your personal data, under certain conditions.

The right to data portability: You have the right to request that OPEN transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email:

Write to us: [email protected].

Cookies

Cookies usage

OPEN uses cookies in a range of ways to improve your experience on our website, including:

Keeping you signed in.
Understanding how you use our website.

Types of cookies