Open Screenplay Inc. ("OSI"/"we"/"us") is committed to protecting your privacy. We make the website, www.openscreenplay.com (the 'Website') available, together with our OSI service as further described in our Terms of Use (the “Service”).  Capitalized terms not defined in this Privacy Policy have the same meanings given to them in our Terms of Use.

This Privacy Policy describes how we collect, store, use and disclose information about our users (“User” / “you” / “your”) through the Website and Service. 

Consent: By using the Website or our Service you consent to the use of your Personal Information as described in this Privacy Policy.  Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. We will not actively collect Personal Information for the purpose of sale or marketing in a way that specifically identifies the individual, other than as identified in this Privacy Policy. In other words, we don’t sell customer lists. You may withdraw your consent to our processing of your Personal Information at any time.  However, withdrawing consent may result in your inability to continue using the Website and/or the Service.

Collection of Information: We aim to collect, use and disclose only such information as is required to enable us to manage your account, to provide the Service (including the collaboration, disposition, and monetization of Open Screenplays on the Platform) to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes and for service improvement.  We will maintain the confidentiality of any contact information you provide to us on signing up for our Service or contacting us with questions or for further information and we will use it only for the purposes for which we have collected it (subject to the exclusions and disclosures we have listed below), unless you agree that we may disclose it to other third parties.

Two types of information may be collected through the Website and our Service:  Personal Information and Non-Personal Information. 

"Personal Information" is personally identifiable information, including but not limited to your name, address, e-mail address, credit card information, birth date and gender.  At the time of collection, we will clearly identify the Personal Information being collected and the purposes for which it will be used.  It is always your choice whether or not to provide Personal Information but if you choose not to provide certain requested Personal Information, in some instances you may not be able to register to use the Website or be able to access and use the Service at all.  In other instances, your choice not to provide certain other Personal Information may mean that you will not be able to use certain features of the Website.  We may collect Personal Information in respect of the Website through registration processes; communications with you; information downloads; service purchases; user support, including technical support; assistance we may provide with respect to the contribution to any Open Screenplays; monetization of Open Screenplays, and User surveys.

"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address) that has been stripped of Personal Information, the domain used to access the Website, and the type and version of browser or operating system being used by visitors to the Website.  Aggregate information that has been stripped of Personal Information, such as demographic statistics of our Users (e.g. average age or geographical allocation of our Users), number of visitors, what pages Users access or visit, and average time spent on the Website is not considered Personal Information. 

Such Non-Personal Information is collected or derived by us in the course of operating this Website.  For example, our web servers may automatically collect Non-Personal Information that is provided through your browser or stored in a cookie when you choose to visit the Website. 

Use of Information: We collect information for the following purposes:

• Registration: In order to use our Service you must provide certain Personal Information to us such as your full name, username, gender, age and email address. You also have the option to register for the Service by logging in to a social networking site (“SNS”) account such as Facebook, Twitter or LinkedIn. If you use an SNS login, we will collect your name, username, education, friends list, email address, birthday, age, gender, language, hometown, profile picture, interests, description and likes. In general, except as specifically set forth in this Privacy Policy, none of your account registration information will be shared with any other Users of the Website or our Service.
• Once you have registered, you will automatically have a profile page with the information collected at registration. You can choose to add more information to your profile such as a profile photo, education, city, state/province, interests, credits and keywords. If you upload a Completed Personal Screenplay, its treatment form will also be visible on your profile. Certain aspects of your profile will be visible to other Users of the Website. Information on your profile visible to other Users (“Public Profile Information”) shall include but not be limited to your name, username, title, education, city, state/province, country, interests, credits, keywords, number of Contributions, number of Followers, number of screenplays started, activity meter, list of screenplays you have started (according to our Terms of Use), list of screenplays you are following (unless you chose to be an anonymous Follower), list of users you are following, list of users following you, latest contributions to screenplays you have started, your Voted Contributions, and Completed Personal Screenplays.
• Information Sharing among Users. Other Users will be able to view your Public Profile Information as noted above, including the contributions that you have made to Public User Screenplays, Private User Screenplays and OSI Screenplays. If you are following an Open Screenplay and/or contributing to an Open Screenplay, your contributions will be visible to other followers of the Open Screenplay according to the Terms of Use.  Users can also see which Users have viewed their profile.  While it is a term of our Terms of Use that Users cannot collect the Personal Information of other Users of the Service, OSI cannot control and is not responsible or liable for how other Users use your Personal Information without our knowledge or consent. If we become aware of any abuse of Personal Information on our Website, we reserve all rights to deal with such abuse in our sole discretion, including but not limited to terminating the account of the offending User and reporting such abuse to the relevant authorities. Please note that the Open Screenplays and Public Profile Information are only visible to the Users of the Website, and are not publicly available to the internet community generally.
• Information Sharing between Buyers and Contributors. In the case of monetization of Open Screenplays, as set out in the Terms of Use, certain other Personal Information may be required to be exchanged to facilitate negotiations and the execution of monetization agreements (as applicable) with Buyers, as well as to facilitate the distribution of any proportional compensation which you may be entitled to as a Voted Contributor as a result of the monetization of Open Screenplays. If we require further Personal Information from you, or need to share Personal Information with a Buyer other than your Public Profile Information, we will notify you in advance in order to obtain your consent to share such information with us or directly with the Buyer.
• Transactional Notifications: We provide notifications for certain activities relating to your use of our Service despite your indicated e-mail preferences, for example we may send you receipts for purchases made through the Website, and notices of any updates to our Terms of Use or Privacy Policy.
• Buyer Payments. If you are a Buyer you will be required to make your down payment for the Open Screenplay that you are bidding on via a valid credit card. All credit card and payment information must be submitted to our merchant account gateway provided and hosted by our third party payment processor. Our payment processor is solely responsible for processing payments, and any payment you make will also be subject to the terms of the payment process’s privacy policy. OSI does not collect, process, store or hold any Buyer’s credit card and payment information.
• Voted Contributor Proportional Compensation. If you are a Voted Contributor to an Open Screenplay that has been monetized or disposed of to a Buyer, either OSI or the Buyer may collect banking information directly from you, such as your direct deposit bank account information or a mailing address, so that your proportional compensation can be distributed to you. In certain cases, where OSI collects such information, we may provide this information to a Buyer to facilitate the payment of your proportional compensation, on the condition that such Buyer comply with this Privacy Policy and use that information only for the purpose for which you consented.  Where the Buyer collects this information directly from you, the treatment of this information will be subject to the Buyer’s privacy policy and not OSI’s Privacy Policy.
• Marketing Communications: If you opt-in to receive marketing communications from us, we will keep you up to date on our products and services, including new features and functionalities of the Service, and any promotional offers we may offer from time to time.  You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication, or by contacting our marketing department at info@openscreenplay.com.
• Statistics: We also collect statistics about use of the Service purchased through the Website. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by us and such aggregate statistics may be made available to other members or third parties. 
• System Logs & Cookies: Cookies are used by us to track content usage and traffic on the Website. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server.  The Website uses cookies to help it compile aggregate statistics about usage of this Website, such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often.  This information is used to improve the content of the Website.  You can set your browser to notify you when you are sent a cookie.  This gives you the chance to decide whether or not to accept it.  If you disable cookies, you may not be able to take advantage of all the features of the Website.  We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website.

  Your IP address is reported by your web browser whenever you visit a page on the Website.  This information is recorded together with your registration information on our databases. 

• Advertisements: Advertisements appearing on the Website may be delivered by us or one or more third-party web advertisers. These third party web advertisers may set cookies. These cookies allow the advertisement server operated by that third party to recognize your computer each time they send you an online advertisement. Accordingly, advertisement servers may compile information about where or whether you viewed their advertisements and which advertisements you clicked on. This information allows web advertisers to deliver targeted advertisements that they believe will be of most interest to you.  This Privacy Policy applies to cookies placed on your computer by us, but does not cover the use of cookies by any third-party web advertisers.  For the privacy practices of such third-party web advertisers, you should consult the applicable privacy policy for the relevant third-party web advertiser(s).  If you object to these advertisements, please do not use the Service or exercise the ad choices some third parties may offer.

If we plan to use your Personal Information in future for any other purposes not identified above, we will only do so after informing you by updating this Privacy Policy.  See further the section of this Privacy Policy entitled ‘Amendment of this Policy’.

Disclosures & Transfers:  We have put in place contractual and other organizational safeguards with our agents to ensure a proper level of protection of your Personal Information (see further Security below).  In addition to those measures, we will not disclose or transfer your Personal Information to third parties without your permission, except as specified in this Privacy Policy (see further Important Exceptions below).

As at the date of this Privacy Policy, we share Personal Information about you in respect of the Website only with our partners and agents such as our payment processor, email marketing service providers, analytics providers, cloud-hosting service providers, and website hosting.  All these third parties are required to comply with this Privacy Policy. We currently use cloud servers which are located in the United States and accordingly your Personal Information may be available to the United States government or its agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

From time to time we may employ third parties to help us improve the Website and/or the Service. These third parties may have limited access to databases of user information solely for the purpose of helping us to improve the Website and/or the Service and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose.

Important Exceptions: We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Website members, other Users of the Service, or anyone else (including the rights or property of anyone else) that could be harmed by such activities.  We may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We may also disclose your Personal Information in connection with a corporate re-organization, a merger or amalgamation with another entity, a sale of all or a substantial portion of our assets or stock, including any due diligence exercise carried out in relation to the same, provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

Security: The security of your Personal Information is important to us.  We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment.  We take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us.  We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

In certain areas, such as when you provide credit card or other payment information to our third party payment processor, the Website works to help protect the security of your credit card and other payment information during transmission by using industry standard Secure Sockets Layer (SSL) encryption technology.  

You are also responsible for helping to protect the security of your Personal Information.  For instance, never give out your email account information or your password for the Service to third parties.

Retention: We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you.  We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.  If you request that your account be deleted, we will ensure your account information is fully deleted and not archived.  If you decide to rejoin OSI, you will be required to create a new account as we will not be able to reactivate your old account.

Amendment of this Policy: We reserve the right to change this Privacy Policy at any time.  If we decide to change this Privacy Policy in the future, we will post an appropriate notice on the home page at www.openscreenplay.com. Any non-material change (such as clarifications) to this Privacy Policy will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website.  Unless stated otherwise, our current Privacy Policy applies to all Personal Information that we have about you.  The date on which the latest update was made is indicated at the bottom of this document.  We recommend that you print a copy of this Privacy Policy for your reference and revisit this policy from time to time to ensure you are aware of any changes.  Your continued use of the Website signifies your acceptance of any changes.

Access and Accuracy: You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information.  Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant information available to you such as where that information also pertains to another User.  In such circumstances we will provide reasons for the denial to you upon request.  We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate.  As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information.  Having accurate Personal Information about you enables us to give you the best possible service.

Contact Us: You can help by keeping us informed of any changes such as a change of address or telephone number.  If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at: support@openscreenplay.com

 

Last Updated:  September 19, 2022