Privacy Policy

Effective Date: 2024.10.01

1 - Data We Collect

We collect personal and technical data necessary to provide and improve the ODE platform.

1-1 Data You Provide to Us

1-1-1 Account Information

When you create an ODE account, we collect the personal information you provide to us, such as your name, email address, personal website, job title, phone number, organization and picture (if applicable).

1-1-2 Payment Information

Where we sell products and services through the ODE platform, we use third-party services such as Stripe to process your payments. These third-party applications will collect information from you to process a payment on behalf of ODE, including your name, email address, mailing address, payment card information, and other billing information. ODE does not receive or store your payment information, but it may receive and store information associated with your payment information (e.g., the fact that you have paid, the last four digits or your credit card information, and your country of origin).

1-1-3 Communication Information

We collect personal information from you such as email address, phone number, mailing address, and marketing preferences when you request information about the ODE platform, register for our newsletter, or otherwise communicate with us.

1-1-4 Customer Content

We collect applications and materials that are developed by you on the ODE platform or uploaded to the ODE platform by you. Customer Content may include personal information such as any names you use in your program.

1-1-5 Usage Data

We collect and analyze data and other information relating to the access, use, and performance of the ODE platform ("Usage Data"). Examples of Usage Data include technical logs, metadata, telemetry data, Technical Data, as defined below, and usage information about Customer Content, such as how many times it is accessed. For clarity, Usage Data excludes Customer Content itself. Usage Data may include personal information such as information about your interactions with other users.

1-1-6 Customer Service Information (including Training and Quality Assurance)

If you call or otherwise interact with ODE's sales, customer service or support personnel, we collect the information you provide to our representatives. In addition, we may record telephone calls or video conferences between you and our representatives for training or quality assurance purposes.

1-1-7 Student Account Information

If you qualify for ODE for Education, we may collect basic information relating to your school and curriculum, such as your school name, school mailing address, school website and proof of registration. Note that, as provided in our Terms of Service, the ODE platform are only for users 16 years old and over.

1-1-8 Sweepstakes, Contests, Surveys and Events Information

In connection with sweepstakes, contests, surveys, conferences, and other events hosted, run or sponsored by us, you may provide information to us, or we may receive information about you, such as name, email address, mailing address, demographic data, and any information specific to the event.

1-2 Technical Data

We collect certain information automatically when you use the ODE platform. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (inferred from your IP address), internet service provider, pages that you visit, information about the links you click, and information about how you interact with and use the ODE platform. With your permission, we may also collect information about your operating system's installed fonts in connection with providing the services to you.

We, as well as third parties that may provide content, advertising, or other functionality on or in connection with the ODE platform, may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through the ODE platform. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our platform.

1-2-1 Cookies

Cookies are small text files placed in device browsers to store their preferences.

1-2-2 Pixel Tags/Web Beacons

A pixel tag (also known as a web beacon) is a piece of code embedded in the ODE platform that collects information about engagement on the ODE platform. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

1-3 Information from Other Sources

If you use ODE platform on behalf of, or in collaboration with, an organization (e.g., your employer), that organization may provide us with information about you so that we can provision your account.

We may obtain information about you from other sources, including from third party services and organizations. For example, if you access our platform through a third-party service, we may collect information about you from that third-party service that you have made available via your privacy settings.

2 - How We Use Your Data

We use your data to ensure efficient service delivery and continuously improve ODE.

2-1 Providing and managing the ODE platform or information requested

Providing and managing the ODE platform or information requested, such as:

account creation;

managing your information and account;

responding to questions, comments, and other requests;

processing payment cards and/or other financial information to facilitate your use of the ODE platform;

managing payments and recovery of debts due to us;

providing access to certain areas, functionalities, and features of our platform, including the sharing of content with friends, colleagues and other users, and certain AI powered functionality if this option is in use on your account;

answering requests for customer or technical support; and

responding to requests in relation to personal information processed about the individual.

This includes: the processing of all categories of information.

2-2 Communicating with you about your account, activities on our platform and Privacy Policy or terms of service changes

This includes: the processing of your Account Information Communication Information, Customer Content, Student Account Information, Sweepstakes, Contests, Surveys and Events Information and Customer Service Information.

2-3 Administering and protecting our business and ODE platform

Administering and protecting our business and ODE platform (including troubleshooting, data analysis, testing, system maintenance, support, reporting, internal quality control and safety and hosting of data).

This includes: the processing of your Account Information, Communication Information, Technical Information, Customer Content, Usage Data, Student Account Information and Customer Service Information.

2-4 Improving our platform through artificial intelligence

This includes: the processing of your Usage Data and, if "Content Training" is toggled on within your administrative user settings, Customer Content. We take steps to de-identify and aggregate data to protect your privacy for data we use to train AI models.

2-5 Enabling you to partake in a prize draw, competition or complete a survey

This includes: the processing of your Sweepstakes, Contests, Surveys and Events Information and Communications Information.

2-6 Carrying out surveys for user research and analyzing your feedback

This includes: the processing of your Surveys and Events Information and Account Information, Student Account Information, Communications Information, and Use of ODE platform Information.

2-7 Make suggestions and recommendations to you about goods or services that may be of interest to you

This includes: the processing of your Account Information, Student Account Information, Communications Information, and Usage Data.

2-8 Contacting customers and prospective customers about products, services, developments and events we think may be of interest to you

This includes: the processing of your Account Information, Student Account Information, and Communication Information.

2-9 Delivering relevant content and advertisements to you and measuring or understanding the effectiveness of the advertising we serve to you

This includes: the processing of your Account Information, Student Account Information, Communications Information, and Usage Data.

2-10 Collecting information through the device-based settings which you have enabled

This includes: the processing of Customer Content in connection with your use of the ODE platform and any media you choose to share in connection with a bug report.

2-11 Enforcing our agreements, and complying with our legal obligations including to disclose information to law enforcement, the courts and other authorities

This could include any personal information we process about you.

2-12 De-identifying data and creating aggregated information

De-identifying data and creating aggregated information, such as aggregated statistics or for analytical purposes. We may choose to de-identify and create aggregated information out of any personal information you provide to us. For example, we could aggregate information about email addresses our users use to identify legitimate email providers versus spam providers, or we could aggregate the number of users who use a particular feature to determine which features are popular.

3 - Data Disclosing to Third Parties

We may disclose any personal information we collect to the following categories of third parties:

3-1 Other Users of ODE platform

When you use the ODE platform to collaborate or interact with others (including viewing files of other users), we will disclose certain information to your collaborators. For example, you can create content, which may contain information about you, and grant permission to others to see, disclose, edit, copy and download that content based on settings you or your administrator (if applicable) select. In addition, some of the collaboration features of the ODE platform display some or all of your information to other Service users when you disclose or interact with specific content. For example, when you comment, we display your profile picture (if you upload one) and name next to your comments so that other users with access to the comment know who made it. Similarly, when you join a team, your name, profile picture and contact information will be displayed in a list for other team members so they can find and interact with you. When you interact with a user's file, information about your interaction, including your IP address and the actions you've taken in connection with the file, may be made available to the file's administrator. When you view a file, the fact that you viewed the file and when you viewed the file may be available to other viewers of the file. If your ODE account has the "domain capture" functionality enabled, your name, email and profile picture (if you upload one) will be disclosed to other users across your ODE organization who share the same email domain. Please note that while we require all our users to comply with our policy, we are not responsible for privacy practices of users who receive information about you through the ODE platform.

3-2 The Public

Content can be made publicly available by you or others collaborating on it, and in such cases any information about you included in such content is also publicly available and can be indexed by search engines. You can check at any time whether particular content is public or private by viewing the content's settings. In addition, in connection with your posting of content on ODE Community, we will publicly disclose your profile picture, name, and user handle.

3-3 Service Providers

We may disclose personal information we collect about you to our service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the ODE platform; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.

3-4 Your Organization and Administrator

If you access the ODE platform on behalf of an organization (such as with your organization's domain) or have your account paid for by another party, we will disclose your information to that organization or paying party at its request and give such organization certain rights over your information. For example, your organization may request that we provide extra security controls around your account to protect information about your organization or your organization may request that we link your ODE account with your organization's account to enhance collaboration. If you are the administrator of a team, organization or other account holder within the ODE platform, we may disclose your contact information to current or past Service users related to you, for the purpose of facilitating Service-related requests. Please note that your information may also be subject to your organization's privacy policy, and we are not responsible for the privacy or security practices of our customers.

3-5 Community Creators

If you acquire any resources from third-party creators on ODE Community, in connection with the transaction we will disclose your relevant personal information to such creators, including your name and any other information reasonably related to the transaction. Any other information shared between you and the creator (if any) is governed by the creator's privacy policy.

3-6 Third-Party Platforms and Services

We will disclose certain personal information to third-party platforms and/or services if you have expressly consented or requested that we do so. Please note we do not endorse, screen or approve, and are not responsible for, the practices or conduct of such third-party services.

3-7 Advertising Partners

Through our platform, we allow third-party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party services within their networks. This practice is commonly referred to as "interest-based advertising" or "personalized advertising."

3-8 Disclosures to Protect Us or Others

We will access, preserve, and disclose information we have associated with you to competent law enforcement bodies, regulatory and government agencies, courts or other third parties if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others' rights, property, or safety; (iii) enforce ODE's policies and contracts; (iv) collect amounts owed to us; (v) prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

3-9 Disclosure in the Event of Merger, Sale, or Other Asset Transfer

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred in accordance with our legitimate interests in administering our business as part of such a transaction, as permitted by law and/or contract.

4 - International Data Transfers

The personal information we process may be transferred to, processed and stored in jurisdictions which may have data protection laws that are different from the laws where you are located (and, in some cases, may not be as protective), and may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to applicable laws. We endeavor to safeguard your personal information in accordance with the requirements of applicable laws.

Where we transfer your personal information to countries and territories outside of the European Economic Area ("EEA"), Switzerland and the UK which have been formally recognized as providing an adequate level of protection for personal information, we rely on the relevant "adequacy decisions" and "adequacy regulations" from the European Commission, Swiss and UK authorities.

Where the transfer is not subject to an adequate decision or derogation under the applicable law, we take appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws.

We use encryption, access controls, and other safeguards to protect your data during international transfers. For cross-border data disputes, we adhere to applicable jurisdictional rules as outlined in our Terms of Service. If significant changes to international data transfer safeguards arise due to regulatory changes, we will proactively communicate the implications to affected users and provide clear guidance on mitigating risks, including updates to contractual agreements or alternative mechanisms.

5 - Intellectual Property and User-Generated Content

5-1 Ownership

Any content you create, upload, or store in ODE remains your intellectual property.

5-2 Limited License

You grant us a license to store and process your content solely to provide ODE services.

5-3 Confidentiality

Your content will not be accessed or shared without your authorization, except where required by law. We may access or disclose your content if required to comply with applicable laws, enforce our Terms of Service, or respond to valid legal requests from authorities.

6 - Data Retention

6-1 User Data

Retained while your account is active or as required by law.

6-2 Platform Logs

Stored temporarily for performance analysis and troubleshooting.

6-3 Payment Data

Retained for compliance with financial regulations.

We store the personal information we receive as described in this Privacy Policy for as long as you use our platform or as necessary to fulfill the purpose(s) for which it was collected, provide our platform, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and/or comply with applicable laws. The specific retention periods depend on the nature of the information and why it is collected and processed and the nature of the legal requirement.

When we have no ongoing legitimate business need or legal reason to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7 - Security Measures

We use industry-standard security measures to protect your data, including:

7-1 Encryption

To secure data during transmission and storage.

7-2 Access Controls

To limit data access to authorized personnel.

7-3 Backup and Recovery Systems

To ensure data availability and integrity.

7-4 Monitoring and Audits

Regular security checks to detect vulnerabilities.

In the event of a data breach, we will notify affected users via email or platform notification within 72 hours, where required by applicable law.

In the event of a data breach caused by third-party providers, we will work with those providers to resolve the issue promptly. We will ensure affected users are informed of the nature and scope of the breach, along with any recommended actions to protect their data. In such cases, we will oversee third-party corrective actions to ensure compliance with applicable regulations and provide support to affected users in mitigating risks associated with the breach. We conduct regular audits of our third-party service providers to ensure their compliance with our data protection policies and legal standards.

8 - Service Availability and Maintenance

We strive to ensure continuous availability of the ODE platform but may perform maintenance to ensure performance and security.

8-1 Maintenance Notices

You will be notified in advance of planned downtime.

8-2 Service Interruptions

In the event of unexpected outages, we will work to restore access promptly.

9 - Your Rights

You have the following rights regarding your personal data:

9-1 Access

Request access to the personal data we store.

9-2 Correction

Request corrections to inaccurate or incomplete information.

9-3 Deletion

Request deletion of personal data, subject to legal or contractual obligations.

9-4 Restriction

Request limits on certain types of processing.

9-5 Portability

Receive your data in a structured, machine-readable format.

9-6 Objection

Object to processing based on legitimate interests.

9-7 Withdraw Consent

Revoke consent for optional activities where given.

To exercise your rights, contact us by email. We will respond promptly and in accordance with applicable laws.

If you believe your privacy rights have been violated, you have the right to lodge a complaint with your local data protection authority.

10 - Your Choices

You have the right to opt out of certain uses of your personal information.

10-1 Marketing Emails

If you receive an unwanted marketing email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future marketing emails. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and our services, and you will not be able to opt out of those communications (e.g., communications regarding the services or updates to our Terms of Service or this Privacy Policy).

10-2 Cookies and Tracking Technologies

You have the right to decide whether to accept or reject cookies. You can stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note you must separately opt out in each browser and on each device.

11 - Policy Updates

We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations. Any significant changes will be communicated to users through email or platform notifications. Significant changes include updates to how we process personal data, changes to user rights, or material changes to our legal obligations. If you disagree with the updated Privacy Policy, you may deactivate your account or reach out to us for clarification or assistance. Upon request, we can assist with exporting your data before account closure. Your continued use of the platform after the effective date will be deemed as acceptance of the updated policy.

12 - Contact Us

If you have any questions or concerns about this Privacy Policy or your personal data, please contact us:

Email: info@orthogonal.dev