Privacy Policy

OpenBorder is offered by OpenBorder, Inc. (“OpenBorder”, “we”, “us”, “our”). We are a corporation established in the United States with a registered office at 1317 Edgewater Drive, Suite 6010, Orlando, FL 32804, and for the purpose of applicable data protection laws, we are the data controller.

This Privacy Policy informs you about our practices regarding the treatment of information we collect from you in relation to the OpenBorder online (e.g., through our website at https://openborder.com and offline and through customer support channels), the kinds of information we collect, how that information is used, with whom we share it, and how you can opt-out of a use or correct or change such information.

If you have any questions about our privacy policies, please contact us at
support@openborder.com. By providing your personal information to OpenBorder, you signify you have read and understand that OpenBorder may collect, use, and disclose your personal information as described herein. If you do not agree to this Privacy Policy, please do not access and use the Services.

1. Scope

This Privacy Policy applies to personal information that is processed by OpenBorder in the course of our business, including via OpenBorder’s website and through any mobile apps, forums, social media accounts, blogs, and other online or offline offerings (together, the “Services”).

2. Information We Collect

The types of personal information we collect (directly from you, from third party sources or automatically) and our privacy practices depend on the nature of the relationship you have with OpenBorder and the requirements of applicable law. Below is more information on the ways we collect personal information and how we use it.

(a) OpenBorder collects personal information from its current, prospective, and former customers, and website visitors (collectively “Individuals”) through the following channels:

1. Account Information: When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with OpenBorder, placing an order on our website, or signing up to receive emails about our or our brands latest products and Services, we may ask you to provide some or all of the following types of information: your name, email address, mailing address, phone number, username, password, and answers to security questions.

2. Communications: We may collect personal information from you such as your email address, phone number or mailing address when you request information about our Services, register to receive communications over email or text messaging, participate in promotions, or loyalty programs, or otherwise communicate with us.

3. Survey: If you consent, we (or third parties acting on our behalf) may contact you to participate in research, surveys or beta testing. If you decide to participate, you may be asked to provide certain information. All information collected from your participation in our research, surveys or beta testing is provided by you voluntarily. We may use such information to improve our products and/or Services, and in any manner consistent with this Privacy Policy.

4. We receive information about you from other sources, including through third party services and vendors that collect information on our behalf. This supplemental information allows us to enhance our ability to provide you with our products and Services.

5. Technical Information. We may collect certain information automatically through our Services and/or other methods of technical analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services (such as preferences).

3. How We Use Your Information

By providing personal information to us, we are able to perform a number of business functions:

(a) Provide Products, Services, or Information Requested. OpenBorder may use information about you to:
● Respond to questions, comments, and other requests;
● Provide access to certain features of the Services;
● Personalized product recommendations;
● Communicate with you about logistical matters, including product deliveries and
shipping;
● Conduct internal research and development;
● Review and respond to requests for customer support; and
● Allow you to register for online profiles.

(b) Administrative Purposes. OpenBorder may use information to:
● Measure interest in our products and Services;
● Develop new products and Services;
● Ensure quality control;
● Send messages (via email or messaging services such as text and whatsapp) to
the contact details you provide to us to verify your account and for informational
and operational purposes, such as account management, customer service,
delivery updates, or system maintenance; or to contact you with service related
communications by email or text message including about your purchase, or to
notify you where you have not checked out an order, or to update on changes to
our services;
● Prevent potentially prohibited or illegal activities;
● Maintain and administer our Services; and
● Enforce our Terms of Service.

(c) Marketing. OpenBorder may use information about you, with your consent, to notify you via periodic emails, newsletters, mailings or messages (including text and whatsapp) about offers, products and Services that may be available on Pangea Malls which may be of interest to you, or about which you have previously expressed an interest (e.g., back-in-stock notifications, upcoming special offers/events). If you consent to marketing by our brand partners you are purchasing from, we will also share your contact and purchase information with them so that they can market their goods and/or services to you directly;
Note that you may contact us at any time to opt-out of the use of your personal
information for marketing by Pangea Mall, as further described in Section 6. If you want to withdraw your consent to marketing by our brand partners, you can opt out with them directly.

(d) Research and Development. OpenBorder may use information about you alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, OpenBorder may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If you participate in a survey, the
information given will be used along with that of other study participants.

(e) Anonymous and Aggregated Information. OpenBorder may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic or psychographic information, information about the computer or device from which you access the Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services, research, internal analysis, analytics and any other legally permissible purposes. We may also share this information with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

(f) Other. OpenBorder may use personal information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide personal information or with your consent.

4. Cookies, Pixels, and Similar Technologies

We (along with third parties that provide content, advertising (including on behalf of our brands) or other functionality on our Services, may use cookies, pixel tags, local storage and similar technologies (“Technologies”) to automatically collect information through the Services. Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices. Our uses of such Technologies fall into the following general categories:

4.1 Operational. We may use Technologies that are strictly necessary to the operation of our Services. This includes Technologies that allow you access to our websites, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; that allow you to make use of functions such as shopping carts; or to comply with the law (e.g. the security requirements of data protection law). We do not need to obtain your consent in order to use these Technologies and these Technologies cannot be turned off as we cannot provide the Services without them.

4.2 Performance-Related. With your consent, we may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use our Services, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools. They allow us to provide you with a better user experience and to maintain, operate and continually improve the Services.

4.3 Functionality-Related. With your consent, we may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into the Service, keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content or saving your searches or notifying you of non-completed check outs to improve the service.

4.4 Advertising-Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Services or on third party sites.

4.5 We also allow our brands to use first-party or third party cookies on our site to deliver content, including ads relevant to your interests, on their Services or on third party sites.

4.6 This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

4.7 We may also use third parties to serve targeted advertisements to people similar to our customer base (e.g., by uploading a hashed customer list to Facebook Custom Audiences) or incorporating a pixel from the third-party social media providers on our website

4.8 If you would like to opt-out of the Technologies (excluding Operational Technologies) we employ, you may do so by blocking, deleting or disabling them as your browser or device permits or by changing your preferences in our cookie management centre. See Section 6 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Services and may prevent you from being able to access certain features.

5. How We Share Your Information

We do not use or share your personal information except as set out in this Privacy Policy. In certain circumstances, we will share your information with third parties with your consent, as necessary, or as otherwise required or permitted by law. Specifically we share information collected through the Services in the following circumstances and with the following categories of third parties:

5.1.Brand partners. We share information with brand partners who sell products through OpenBorder to facilitate the purchase and delivery of products and for their legitimate business interests to analyse purchaser activity for business purpose. With your consent, we share your information to enable them to market to you (including through ad targeting).

5.2. Vendors and Service Providers. We share information with vendors and service providers for: (i) order fulfillment and warehousing; (ii) web hosting, cloud storage, analytics, IT/security and related services; (iii) payment processing and fraud protection; (iv) customer service activities such as inquiries and shipping, and (v) the provision of our Services generally.

5.3.Marketing. We allow third party advertising partners to set Technologies (including social media pixels on our website) to collect information regarding your activities on our Services (e.g., your IP address, page(s) visited, time of day) for us and our brand partners. We may also share de-identified information as well as selected personal information (such as demographic information and past purchase history) collected via social media pixels on our website with
third party advertising partners. Advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-OpenBorder related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

5.4.Professional Advisors. We share personal information with our legal, financial, insurance and other advisors in connection with corporate transactions or in connection with the management of all or part of our business or operations.

5.5.Legal Disclosure / Law Enforcement. We may access, preserve and disclose your personal information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others’ rights, property or safety; (iv) to enforce OpenBorder’s policies or contracts; (v) to collect amounts owed to OpenBorder; (vi) to comply with records retention policies; (vii) when
we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed
for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.

5.6.Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold, shared or transferred in relation to such a transaction as permitted by law and/or contract. In such event, OpenBorder will endeavor to direct the transferee to use personal information in a manner that is consistent with the Privacy
Policy in effect at the time such personal information was collected.

6. Managing Your personal information / Opt-out

We want to communicate with you only if you want to hear from us. You have the right to object to and opt-out of certain uses and disclosures of your personal information. Where you have consented to OpenBorder’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting support@openborder.com. If you opt out of marketing from our brand partners, we will notify them of this.

Email. With your consent, we may email you with marketing information. You can unsubscribe from email at any time. If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. We will process your request within a reasonable time after receipt, in accordance with applicable laws. OpenBorder may continue to send you non-promotional, service emails concerning your account, such as emails relating to billing and payment information, and other emails relating to your account and/or your use of
the Site.

Text message. You can unsubscribe from text messages by following the instructions in Section 6. Direct Mail. If you would like to opt-out of receiving communication via postal mail, contact us at support@openborder.com. To learn more about your rights as a consumer and to receive less national advertising mail, please visit the Direct Marketing Association at http://www.dmachoice.org.
Account. You may review, update, or modify your account information at any time by logging into your OpenBorder account. You may also deactivate or delete your OpenBorder account by emailing support@openborder.com.

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Like most websites, our website does not respond to DNT signals.

Cookies and Technologies. You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. If you would like to opt-out of the Technologies (excluding Operational Technologies) we employ, you may do so by blocking, deleting or disabling them as your browser or device permits or by changing your preferences in our cookie management centre.

Please note that cookie-based opt-outs may not be effective on mobile interfaces. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/.

You can also choose not to be included in Google Analytics https://tools.google.com/dlpage/gaoptout. Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous non-personal information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

7. Security

We maintain physical, electronic and procedural safeguards to guard your personal information. We use secure socket layer technology to protect the security of your payment information and we encrypt your personal information when it is sent over the Internet. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore,
while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services.

8. Children's Privacy

You are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect personal information from children under the age of 13. If you learn that your child has provided us with personal information, you may alert us at support@openborder.com, and if we learn that we have collected personal information of a child under the age of 13 (or under the age of 16 in certain
jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account.

9. Third-Party Sites and Services

The Service may contain links to other websites or online platforms operated by third parties, and other websites may reference or link to the OpenBorder website. These other websites and platforms are not controlled by us, and. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse or approve, and are not responsible for, the privacy practices or content of such other websites or platforms nor do we . We do not control the use of cookies or the collection of information by these third
parties, nor how they manage such information. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information that you submit to third parties is subject to that third party’s privacy policy, terms and conditions.

10. Updating this Privacy Policy

We may change, modify, add, or remove portions of this Privacy Policy from time to time, in which case we will update the last revised date, post the updated version on the website and take any other steps necessary to comply with applicable law. You should check this page periodically for changes. If you do not agree to any updates to this Privacy Policy, please do not access the website or continue to use the Services.

11. Language

Except as otherwise prescribed by law, in the event of any discrepancy or inconsistency between the English version and local language version of this privacy policy, the English version shall prevail.

12. Questions or Concerns

If you have any feedback, questions, or concerns regarding our privacy practices or this Privacy Policy, please send us a detailed message to support@openborder.com. If you think we have infringed data protection laws, you can file a claim with the data protection supervisory authority in the EEA country in which you live or work or where you think we have infringed data protection laws, as applicable to you.

13. California Residents

California law requires us to disclose certain information related to our privacy practices, as set forth below.

(a) What personal information we collect

The table below identifies the categories and types of personal information we have collected over the preceding 12-month period, and who we have shared such personal information with. We do not sell personal information to third parties. For more information about the personal information we collect, and how we use it, please see Sections 2 and 3. Category

Types of personal information in this category and their recipients

Identifiers Name, email address, billing address, shipping address, phone number, username, password, security questions, credit/debit card information, photo, video.

Recipients of this information are order fulfillment and warehousing providers, cloud storage providers, payment processors, data analytics vendors, advertising partners, customer service providers, IT/security vendors, brand partners.
Personal information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Name, mailing and billing address, phone number, credit/debit card information

Recipients of this information are order fulfillment and warehousing providers, cloud storage providers, payment processors, data analytics vendors, advertising partners, customer service providers, IT/security vendors, brand partners
Commercial Information Purchase history, information about products that you place in your shopping cart or otherwise express an interest in.

Recipients of this information are cloud storage providers, data analytics vendors,
advertising partners, IT/security vendors, brand partners Geolocation data Internet protocol (IP) address, billing address, shipping address

Recipients of this information are order fulfillment and warehousing providers, cloud storage providers, payment processors, data analytics vendors, IT/security vendors, brand partners Internet or other electronic work IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address,
IMEI, Advertiser ID, and other device identifiers that are automatically assigned to
your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet
Activity Information service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the inks you click and pages you view within the
Services, and other actions taken through use of the Services such as preferences

Recipients of this information are cloud storage providers, advertising partners, data analytics vendors, IT/security vendors Inferences drawn from any of the above information categories Inferences about the type of products you
prefer; demographic and psychographic inferences. This information is not shared.

(b) Your rights

As a resident of California, you may have certain rights:

1. Right to know. You have a right to request the following information about our
collection, use and disclosure of personal information in the 12 months preceding your request.

(a) categories of and specific pieces of personal information we have collected about you;
(b) categories of sources from which we collect personal information;
(c) the business of commercial purposes for collecting personal information;
(d) categories of third parties to whom the personal information was disclosed for a business purpose; and
(e) categories of personal information disclosed about you for a business purpose.

2. Right to deletion. You have a right to request that we delete the personal information that we have collected from you, subject to certain exceptions.
We will not discriminate against you for exercising any of your rights under the CCPA. You may therefore freely exercise these rights without fear of being denied goods or services. If you are a California resident and would like to exercise one of your rights, please email us at support@openborder.com.

Please note that California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request, such as your email address or government issued ID, before providing a substantive response to the request. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. In addition to these rights, pursuant to California’s “Shine the Light” law, California residents who share personal information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for the third parties’ direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.

14. EU and UK Residents

(a) Your rights

If you are located in the EEA or the UK, you have certain rights in relation to your personal information:

● Access: You have the right to access personal information we hold about you, how we use it, and who we share it with.
● Portability: You have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
● Correction: You have the right to correct any of your personal information we hold that is inaccurate.
● Erasure: In certain circumstance, you have the right to delete the personal information we hold about you.
● Restriction of processing to storage only: You have the right to require us to stop processing the personal information we hold about you, other than for storage purposes, in certain circumstances.
● Objection to marketing: You can object to marketing at any time by emailing
support@openborder.com.
● Withdrawal of consent: Where we rely on consent to process your personal information, you have the right to withdraw this consent at any time by emailing us at support@openborder.com.

Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. For example, where fulfilling your request would adversely affect other individuals or our trade secrets or intellectual property, where there are overriding public
interests or where we are required by law to retain your personal information.

To exercise any of these rights, you can contact us at support@openborder.com. We will respond to requests to exercise these rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances).

(b) Legal basis for processing and retention of your personal information

This section provides more detail on the types of personal information we collect from you and why. To the extent relevant to your jurisdiction, it also identifies the legal basis under which we process your data. Information you provide to us (either directly or through a third party) Personal Information Use and legal basis (if relevant to your jurisdiction)

Identifiers. Name, email address, billing address, shipping address, phone number, username, password, security questions, credit/debit card information, photo, video: We require this information to create and maintain your account and provide you with the Services.

Legal basis: Necessary to perform our contract with you to provide the Service.
Name, mailing and billing address, phone number, credit/debit card information
Communications. Information provided when you contact us regarding the website or our Services.

We require this process to provide you with an efficient service and to address your questions/ comments.

Legal basis: It is in our legitimate interest to provide effective services to you and be responsive to you.

Marketing. Information you provide when you sign up to marketing communications from us.

We use this to contact you about promotions regarding our Services.

Legal basis: We obtain your consent to process your data for marketing purposes.
Commercial information Purchase history, information about products
that you place in your shopping cart or otherwise express an interest in
Legal basis: It is in our legitimate interest to provide effective services to you.
Information automatically generated Personal Information Use and legal basis (if relevant to your jurisdiction)

Technical information. Including your IP address, cookie identifiers, mobile carrier,
mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device
identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and
pages you view within the Services, and other actions taken through use of the Services.

To personalize our website and our Services to ensure content is presented in the most effective manner for you and your device. To improve and develop our products. To maintain safety and security of our users.

Legal basis: It is in our legitimate interest to ensure the security of our Services and provide you with the most effective services as possible. We retain your account information and purchase history for the period needed to address any
complaints or claims about your purchases. We will also retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our terms and conditions, other applicable terms of service, and our policies. If you stop using our Services or if you delete your account with us, we will store your information in an aggregated and anonymised format; we may use this information indefinitely without further notice to you.

(c) Where we store your information

The personal information that we collect from you will be transferred to, and stored at/processed in countries outside the European Economic Area (“EEA”) and the United Kingdom (“UK”). Your personal information is also processed by staff operating outside the EEA and the UK who work for us or one of our third party service providers or partners. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

As OpenBorder is a US entity, by purchasing goods or services from us you acknowledge that in order to transact with you your personal data will be transferred to the US to enable us to perform our contract with you to deliver you your purchase. For any transfers of data to our vendors who process data outside the EU/ UK, the data transfer will be under the EU approved model contracts for the transfer of personal information to third countries (i.e., the standard contractual clauses) (the “Model Clauses”), or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined by the European Commission or the relevant UK authorities, as applicable, to provide an adequate level of protection for individuals’ rights and freedoms for their personal information.

Please contact us at support@openborder.com should you wish to examine a copy of the Model Clauses.

Last updated: February 7, 2023