The Open Sky Group, LLC Privacy Policy

The Open Sky Group, LLC, including its affiliates (”Open Sky Group”, “Company”, “we”, “us”, or “our”) is committed to maintaining robust privacy protections for you, whether personally or on behalf of an entity (“you” or “user”).

Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the Personal Information you provide to us or that we collect about you when you use our Sites. As used in this Privacy Policy, the term “Personal Information” means any information that identifies or that could be used to identify you, and “Sites” refers to our websites and other online services that we operate and that include a link to this Privacy Policy.

Your privacy is important to us. So, please take the time to carefully read this Privacy Policy. If you have any questions on how we collect, use, protect, or otherwise handle your Personal Information (as further described below), please contact us.

Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meaning as in our Terms of Use. By using the Sites, you consent to our collection, storage, use, and disclosure of your Personal Information under the terms set forth herein.
Please note that this Privacy Policy does not apply to data that we access or receive in the course of providing services to our business customers, which we refer to as “Customer Data.” We process Customer Data on our customers’ behalf and in accordance with our agreements with them. If you have any questions about the handling of Customer Data made available to us in connection with the services that we provide to a customer, please contact the relevant customer directly.

Children under the age of 13 are not eligible to use the Sites, and we ask that they do not submit any Personal Information to us.

I. INFORMATION WE COLLECT

Information We Collect Automatically
We collect certain information about you automatically when you use our Sites.  This information may include: the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Sites; the Internet address of the website from which you linked directly to the Sites; and information about your usage of the Sites, including the pages of the Sites you visit and the content you have viewed.

We collect some of this information through cookies and other similar technologies, as detailed in our Cookie Policy.  In some cases, these cookies are set by third parties that may collect information about you and your online activities over time and across different websites when you use our Sites.

Information you choose to provide us
In addition to the information we collect automatically when you visit the Sites, we also collect Personal Information you choose to provide to us, such as through contact forms, or when you register to participate in an event or access resources that we provide through the Sites. This information may include your name, phone number, email address, and other Personal Information you choose to submit as part of your inquiry.

We may also collect Personal Information, including professional or employment-related information and education information, that you submit when you apply for a job with us through the Sites.  This information may include your name, email address, phone number, educational and employment background, your resume, your expected salary, and any other information you choose to submit as part of your application.

The Company’s intention is not to seek any sensitive information through our Sites unless legally required for recruiting purposes. Sensitive information includes types of data relating to race or ethnic origin; political opinions; religious or other similar beliefs; trade union membership; physical or mental health; sexual life or criminal record. We suggest you do not provide sensitive information of this nature.

Information we obtain from third-party sources
We may also receive your Personal Information from third parties sources, which may include services that make user-generated content from their service available to others, such as local business reviews or public social media posts; and service providers that we engage to provide services to us. 

In addition, if you choose to interact with us or our partners on social media by posting to our pages, tagging us (or using certain hashtags or other identifiers) in posts, or participating in activities, we may collect certain information from the social media account you use to interact with us, including the name associated with the account, the account handle, recent activity, the content of any posts in which we are tagged, and other information that may be contained on your social media profile to allow us to respond to the posts and understand and engage with our audience.

II. HOW WE USE AND SHARE INFORMATION 

We may use your Personal Information:

  • to provide our services to our customers;
  • to respond to your inquiries and provide you with the information you have requested;
  • to provide you with information regarding products, services, that may suit your particular interests, or that we otherwise think you may be interested in, including by sending you marketing communications by email and through targeted advertising;
  • to undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets;
  • to solicit feedback and provide technical support;
  • to help us improve the Sites and personalize and customize the user experience;
  • to protect the security of the Sites and other users;
  • to track trends and analyze use patterns on the Sites; and
    for our recruitment and hiring purposes, including evaluating and processing your employment application.

We may also use your Personal Information to create aggregated or anonymous information that does not identify you and use and disclose that information for any lawful purpose at our discretion.

III. HOW WE SHARE YOUR INFORMATION

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share your Personal Information with third parties.

We do share Personal Information with vendors and service providers who are performing services for us, such as third-party integrations. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.

We also contract with a third party to maintain and host the Sites. Therefore, any information you submit, including Personal Information, will be placed and stored on a computer server maintained by this third-party host. The third-party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your Personal Information from unauthorized access or improper use.

In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy.

IV. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by a breach of those security measures. By using the Sites, you acknowledge that you understand and agree to assume these risks.

V. YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION 

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to you, you can opt-out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out in the Settings section of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy, or other important account information.

As a user, you can also request access to Personal Information obtained and collected by the Sites. Furthermore, you can request that your Personal Information be corrected. If you believe that any of your Personal Information is incorrect or has been changed since we collected it, please click here https://www.openskygroup.com/contact, explain the correction or change and provide any relevant confirmation or reference number.

The Sites do not currently respond to browser “do not track” signals, but you may control some of the information we collect automatically through cookies. For more information, please see our Cookie Policy.

V. LINKS TO OTHER WEBSITES

As part of the Sites, we may provide links to or compatibility with other websites or applications.  However, we are not responsible for the privacy practices employed by those websites or the information or content they contain.  This Privacy Policy applies solely to information collected by us through the Sites.  Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Sites.  To the extent that you access or use the Sites through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application.  We encourage our users to read the privacy statements of other websites before proceeding to use them.

VI. CHANGES TO OUR PRIVACY POLICY

Open Sky Group reserves the right to change this policy at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. YOUR USE OR CONTINUED USE OF THE SITES FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THIS POLICY AND ALL APPLICABLE CHANGES. You should periodically check the Sites and this Privacy Policy for updates.

VII. CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have additional privacy rights. For a complete discussion of such rights, please see our California Rights and Disclosures.

VIII. CUSTOMERS OR USERS OUTSIDE OF THE UNITED STATES

If you are a resident of a jurisdiction located outside of the United States, please see our European Economic Area and other Non-U.S. Jurisdictions Disclosures.

IX. CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email here.

This Privacy Policy was last updated on June 16, 2020.

The Open Sky Group, LLC Terms, and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The Open Sky Group, LLC (the “Company”) owns and operates https://www.openskygroup.com (the “Website”).  By using the Website, you signify your assent to these Terms and Conditions of Use.  If you do not agree to all of these Terms and Conditions of Use, do not use the Website.  The Company may revise and update these Terms and Conditions of Use at any time.  Please continue to review these Terms and Conditions of Use periodically.  Your continued usage will mean you accept any revisions to the Terms and Conditions of Use.

1. Use of Content.  
a. The Website contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. The Website is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Company and third-party content providers also own (or have the right to use) copyrights in the content original to them.  Any use of the Content not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws.  Content and features, including without limitation product pricing and availability, are subject to change or termination without notice at the sole discretion of the Company.  Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to the Company and its licensors.

b. Copyrighted material may be viewed and downloaded but not sold or modified or otherwise hosted on any other website without the express and written permission of Open Sky Group.

c.  If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

2. Use of the Website.
a. In your use of the Website, you agree to act responsibly in a manner demonstrating the exercise of good judgment.  For example and without limitation, you agree not to (a) use the Website for any purpose in violation of local, state, national, or international laws, (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Content or use, redistribute, republish, or exploit the Content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity, or contractual rights, (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website, (e) interfere with, interrupt, damage, disable, overburden, or impair the Website, the Content, or the services made available on or through the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information or similar methods or technology, (f) attempt to gain unauthorized access to other computer systems through the Website, or (g) assist any third party in doing any of the foregoing.
b. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

3. The Company Accounts.
a. In order to access some features of the Website, you may have to register for one or more Company accounts.  When registering, you must provide accurate and complete information.  You may never use another’s account without permission.  It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your Company account and password; (3) promptly inform the Company of any need to deactivate a password.  You grant the Company and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website.  The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Company tools and services.  You must notify the Company immediately of any breach of security or unauthorized use of your account.
b. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

4. Liability.
a. The use of the Website and the Content is at your own risk.

b. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Company and its suppliers.  Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.

c. The Website and the Content are provided on an “as is” basis.  THE COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.  Without limiting the foregoing, the Company, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website.

d. IN NO EVENT SHALL THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. TEN DOLLARS ($10.00).  THE COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF USE.

5. User Submissions.  By submitting to the Company via e-mail or the Website any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to, or product information or material relating to the Company’s business, products, or services (collectively, “Ideas”), you: (i) agree such submission is non-confidential for all purposes, (ii) grant the Company an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute the Ideas, and (iii) represent and warrant that you own or otherwise control all of the rights to the Ideas and that the Company is free to use the Ideas that you send us for any purpose.  For the avoidance of doubt, “Ideas” does not include any data, information, drawings, files, etc. that you submit to the Company for the purposes of receiving customer support.  The Company may sublicense its rights through multiple tiers of sublicenses.  Notwithstanding anything herein to the contrary, the personal information you submit to the Company is governed by the Company’s Privacy Policy.  Please review our Privacy Policy, as amended from time to time, for a complete description of how we handle personal information submitted in the process of ordering products or registering on the Website.

6. Rights Reserved.  The Company reserves the right to refuse service, terminate your account or your access to the Website or any of the Website’s services or features, and/or cancel orders in its sole discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the interests of The Company.

7. Links to Other Websites.  THE COMPANY MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY WEBSITES AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.  THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEBSITES OR VENDORS.  PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.

8. Product Orders.  The Company is constantly improving its information, products, and services. Consequently, the Company cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability, and services, on the Website.  Any pricing information displayed on the website is subject to change at any time.

9. Online Payments.
a. To the extent you utilize the Company’s online payment services, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of the Company’s online payment services, including the risk of a breach in the security of the communications or transactions you conduct with the Company online. THE COMPANY’S ONLINE PAYMENT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. You are solely responsible for maintaining the confidentiality of your password, if any, and agree that the Company will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, contact us immediately.  If you use a third-party vendor (or distributor) to submit payment to Company and you disclose to such vendor your username, password, and/or account number, the Company will not be responsible for the accuracy and timeliness of processing your payment.
c. For purposes of identification, payments, and marketing, you agree to provide the Company with current, accurate, complete, and updated information required for registration and/or online payment, including legal name, address, telephone number(s), and applicable payment data (e.g., credit card or bank account number). You agree to notify the Company immediately of any changes in your registration data.  Proceeding with the registration process indicates your intent to comply with these terms and conditions. Please review our Privacy Policy.
d. By accepting these terms and conditions, you acknowledge that the Company may initiate an ACH debit or credit card debt to the payment account(s) that you have provided.

10. Indemnity.  You agree to defend, indemnify, and hold the Company, its officers, managers, members, employees, agents, licensors, advisors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees resulting from or alleged to result from: (i) your use of and access to the Website; or (ii) your violation of any term of these Terms and Conditions of Use.  This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Website.

11. General.
a. The Company is based in North Carolina in the United States of America with principal offices in Fuquay-Varina, NC. The Company makes no claims that the Website and the Content are appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
b. The following provisions survive the expiration or termination of these Terms and Conditions of Use for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.

12. Jurisdiction.
a. You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Website, resides in the courts of Wake County, North Carolina, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions of Use are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles.  If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

13. Complete Agreement.
These Terms and Conditions of Use and the Company’s Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Website and Content.

14. Arbitration And Class Action Waiver.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT TO ARBITRATE DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.

WITHOUT LIMITING THE FOREGOING, THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

Thank you for your cooperation. Questions or comments regarding the Website should be submitted here.

The Open Sky Group, LLC Legal Terms

The Open Sky logo and tagline are trademarks of The Open Sky Group, LLC.

The Open Sky Group, LLC is a company providing consulting services for RedPrairie® Supply Chain Software Solutions now owned by Blue Yonder Group, Inc. JDA Software® and RedPrairie® are registered trademarks of Blue Yonder Group, Inc.