Terms and Conditions

EFFECTIVE DATE: SEPTEMBER 1, 2019

By registering for one or more accounts or using any services provided by Operwell, you accept this agreement (the "Agreement") and the Terms. You may not use or access the Service unless you agree to this Agreement.

Operwell, Inc. (“Operwell,” “we,” “our”, “us”) offers a variety of individual, team, and professional productivity, collaboration, recruitment, and organizational tools available online, including via a mobile application (collectively, the “Product”, the “Products” the “Service” or the “Services”), and websites, including but not limited to www.Operwell.com, (the “Websites” or the “Site”).

Operwell has three different types of users depending on the Operwell Services used:
  • We call users of the Websites “Site Visitors.”
  • We call users who use the free version of the Operwell Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers.
  • We call users who use the Service as part of a paid Operwell subscription plan (regardless of the subscription tier or category) “Subscribers.” The Service features and functionalities available to Subscribers are determined by the subscription tier or category, and the specific terms agreed to between Operwell and the organization or individual (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).

We refer to these three types of users collectively as “Users” or “Members” or “you” OR “Customers” for purposes of these User Terms of Service (the “Terms”). Regardless of what type of User you are, these Terms create a legal agreement directly between you and Operwell and explain the rules governing use of the Service and Websites. By accessing or

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICE AND WEBSITES PROVIDED BY OPERWELL ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service and Websites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

1. ELIGIBILITY AND SCOPE

1.1 International Use. Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

1.2 Location. These Terms are applicable to Users located in the United States only. If you are located outside of the United States, you will be presented with a different set of terms.

1.3 General. To use the Service and Websites you must be, and represent and warrant that you are, at least 13 years of age and competent to agree to these Terms. However, if law requires that you must be older in order for Operwell to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age. If Operwell has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites.

2. ACCOUNT REGISTRATION AND USE

2. 1(a) Account Registration and Confidentiality. To access the Service and Websites, you must register for an Operwell account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (as an “Agent” or “Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Operwell is entitled to rely on your instructions.

2. 1(b) You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).

2. 1(c) You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright and intellectual property laws).

2. 1(d) You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

2. 1(e) Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.

2. 1(e) You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

2.2 Unauthorized Account Use. You are responsible for notifying us at terms@Operwell.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Operwell will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Operwell or a third party due to someone else using your account. In the event that the Account Administrator, Agent, or Customer loses access to an account or otherwise requests information about an account; Operwell reserves the right to request from the Agent or Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

3. OUR PROPRIETARY RIGHTS

The Service and Websites are owned and operated by Operwell and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Operwell and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services and Websites are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Services and Websites have been developed, compiled, prepared, revised, selected, and arranged by Operwell and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Operwell and such others. You agree to protect the proprietary rights of Operwell and all others having rights in the Service and Websites during and after the term of these Terms and to comply with all written requests made by Operwell or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service and Websites. You agree to notify Operwell immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and Operwell, at all times be and remain the sole and exclusive property of Operwell. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

USER CONTENT AND FEEDBACK

4.1 User Content and Submissions on the Service. The Service allows you to create a personal, professional, or business profile then add associated content, data, and metadata; share status updates, photos, videos, and stories across the Platform; send messages to individuals, organizations; or several people, create events or groups and invite others or be invited to join, create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:

4.1.1 Free User Content. Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Operwell a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by Operwell’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in Operwell’s sole discretion.

4.1.2 Subscriber User Content on the Service. Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement, except with respect to Subscriber User Content submitted by students pursuant to a Customer Agreement with an educational institution (“Student Content”). Such Student Content is owned by the student and not the educational institution. Operwell maintains a limited, non-exclusive and non-transferrable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines; and (v) as otherwise set forth in our Agreement or as expressly permitted in writing by the Customer.

4.2 Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Operwell and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Operwell a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Operwell marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

4.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Operwell does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Operwell for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

LICENSE AND ACCEPTABLE USE

5.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the Operwell Privacy Policy and these Terms. Operwell may revoke this license at any time, in its sole discretion.

5.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service and Websites. Disruption of the Service. You may not:

  • access, tamper with, or use non-public areas of the Service and Websites, Operwell’s computer systems, or the technical delivery systems of Operwell’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
  • access or search the Service and Websites by any means other than Operwell’s publicly supported interfaces (for example, “scraping”);
  • attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
  • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.

Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support:

  • any unlawful or fraudulent activities;
  • the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
  • the publishing or posting of other people’s private or personal information without their express authorization and permission;
  • the sending of unsolicited communications, promotions advertisements, or spam;
  • the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
  • the promotion or advertisement of products or services other than your own without appropriate authorization.

User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:

  • violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
  • is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
  • contains any personal information of minors;
  • contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Operwell’s prior written consent granted as part of a Customer Agreement;
  • contains viruses, bots, worms, or similar harmful materials; or
  • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another's privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward Operwell as an entity, Operwell employees, any Operwell products or services, or any Operwell Materials;
  • harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
  • submit, upload, post, e-mail, transmit, or otherwise make available any personal information or specific account details about yourself or any person or entity;
  • submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

Violations of this Section 5. In addition to any other remedies that may be available to us, Operwell reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Operwell should you fail to abide by the rules in this Section 5 or if, in Operwell’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a User, Member, or Subscriber, or the Agent of the individual or entity; Operwell reserves the right to notify the Customer’s Account Administrator(s) or other Customer representative(s) of any violations of these Terms.

6. RIGHTS, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

7.1 THE SERVICE AND WEBSITES AND USER CONTENT, WHETHER PROVIDED BY OPERWELL, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICE AND WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, OPERWELL DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICE AND WEBSITES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICE AND WEBSITES OR THE SERVER(S) THAT MAKE THE SERVICE AND WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL OPERWELL OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND WEBSITES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICE AND WEBSITES, OR ANY LINK PROVIDED ON THE SERVICE AND WEBSITES, WHETHER OR NOT OPERWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE OR WEBSITES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD OPERWELL AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, CONTRACTORS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICE AND WEBSITES, YOUR CONNECTION TO THE SERVICE AND WEBSITES, YOUR VIOLATION OF THE TERMS OR OPERWELL’S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICE AND WEBSITES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER INDIVIDUAL OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. OPERWELL DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE AND WEBSITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICE AND WEBSITES, AND OPERWELL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE AND WEBSITES. OPERWELL WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.

7.1 We have the right to limit how you connect and interact on our Services. Operwell reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Operwell reserves the right to restrict, suspend, or terminate your account if Operwell believes that you may be in breach of this Contract or law or are misusing the Services.

7.2 Misuse of Services. Unlike some other online services, our members need to be real people, who provide their real names and accurate information about themselves. It is not okay to provide misleading information about yourself or your qualifications, work experience, affiliations, or achievements on our Services.

7.2.1 Impersonation. You may not impersonate others on the Services or mislead, confuse, or deceive others. Pretending to be someone else or to be representing a business in a way that is not truthful is not allowed. You are not allowed to use someone else's name, image, or other personal information to deceive others into thinking you are someone other than yourself or associated with a business or organization when you are not. You also may not use or attempt to use another individual's Operwell account or create a member profile for anyone other than yourself (a real person). (The fact that in the rare cases Operwell may allow clearly fictional profiles with express prior permission does not waive our right to prohibit your false profile or association with a business or organization.)

7.2.2 Misrepresentation. You may not misrepresent your identity or information or mislead, confuse, or deceive others. Do not provide inaccurate information. When choosing a profile picture, you may not use an image that is not your likeness or a head-shot photo for your profile. Also, you may not manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.

7.2.3 Be Professional. We acknowledge the value of discussions around professional activities and ask our members to behave professionally by not being dishonest or inappropriate. When creating content on the Services, we ask that keep your content professional, relevant, and on-topic. Do not share false information or use the Services to shock or intimidate others. And it is not okay to share graphic, obscene, or pornographic content on the Services.

7.2.4 Honesty and Authenticity Be honest, forthright, and respectful. Do not invite people you do not know to join your network, and do not share comments, opinions, or other content in a manner that is intended to be misleading or inaccurate or to conceal a conflict of interest or unlawful motive. You may not use the Services to share false content or information, including news stories, that presents untrue or unverified facts or events as though they are true or likely true. When you share content or endorse someone or something in exchange for personal benefit (including personal or family relationships, monetary payment, free products or services, or other value), you must include a clear and conspicuous notice of the personal benefit you receive.

7.2.5 Relevance. Your messages, posts, comments, and other content must be on-topic and relevant. The Services provide a professional community for sharing professional content and information, so do not post or otherwise provide content that is irrelevant or inappropriate.

7.2.6 Adult Content.

It's not acceptable to post content containing nudity, sexually explicit material, or pornography. Some adult content may be allowed in an educational, medical, scientific, or professional artistic context so long as it is not gratuitously graphic. The Services are never to be used for sexual exploitation of children. You also may not post content that threatens sexual violence or sexual assault. You may not use the Services to engage in or promote escort services, prostitution, or human trafficking.

7.2.7 Be Decent. We strive to maintain a safe and friendly community for our members. The Services shouldn't be used to harm others or their career or business prospects or to air personal grievances and disputes. It is not okay to use the Services to harass, abuse, or send other unwelcome communications to people (e.g., romantic advances, sexually explicit content, junk mail, spam, chain letters, phishing schemes). We do not allow hate speech acts like attacking people because of their race, ethnicity, national origin, gender, sexual orientation, political or religious affiliations, or medical or physical condition. Also, hate groups, terrorists, and those who engage in violent crimes are not welcome and not permitted on the Services.

7.2.8 Bullying and Harassment. Bullying or harassment that targets individuals or groups to degrade or shame them is not allowed. This includes, but is not limited to, abusive or humiliating language, sexual advances and innuendo, revealing others' personal or sensitive information (aka "doxing") or posting content about them without consent, or inciting or engaging others to do any of the same.

7.2.9 Hate, Violence, and Terrorism. We do not allow individuals, organizations or groups that engage in or promote violence or property damage, organized criminal activity, prejudice, or hate. Also, you may not use our Services to express support for such groups or to post content or otherwise use the Services to incite violence or hatred against particular individuals or groups. Content that depicts terrorist activity, that is intended to recruit for terrorist organizations, or promotes or supports terrorism in any manner, is not tolerated on the Services and may be punishable by local, state, or federal law.

7.2.10 Harmful Content and Shocking Material. You may not post violent or graphic content or otherwise use the Services with the intent to shock or humiliate others. We do not allow activities that promote, organize, depict or facilitate criminal activity. We also do not allow content depicting or promoting instructional weapon making, drug abuse, and threats of theft. Content or activities that promote or encourage suicide or any type of self-injury, including self-mutilation and eating disorders, is also not allowed.

7.2.11 Spam. Untargeted, irrelevant, unwanted, unsolicited, unauthorized, inappropriately commercial or promotional, or gratuitously repetitive messages and other similar content are considered spam and are not allowed on the Services. You may not use our invitation features to send messages to people who don't know you or who are unlikely to recognize you as a known contact. Please make the effort to create original, professional, relevant, and interesting content in order to gain popularity, instead of trying ways to artificially increase the number of views, re-shares, likes, or comments.

7.2.12 Respect Others' Rights and Follow the Law. . Before sharing or using someone else's copyrighted works, trademarks, private information, or trade secrets, please make sure you have the legal right to do so. The Services should not be used for illegal activities, promoting illegal products or to violate the rights of others. Don't use the Services to commit fraud or to try to trick others. Also, don't use the Services to intentionally distribute viruses, worms or other software that can destroy or interrupt others' data or computer devices.

7.2.13 Privacy and Publicity. You must respect others' privacy on the Services. You may not solicit email addresses or other personal information from Operwell members you don't know without authorization; use, disclose or distribute any data obtained in violation of any of our policies or agreements; disclose information that you do not have the consent to disclose (such as personal or confidential information of others, including your employer); or post or distribute content depicting children without the necessary consent from such child's legal guardian or parent. Do not use others' names, likenesses or photos to suggest an endorsement of a product, service or investment without their prior consent.

7.2.14 Compliance with Law. Your use of the Services must comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You may not use the Services to create or operate a pyramid scheme, engage in fraud, or to sell or promote illegal drugs.

7.2.15 Copyright and Trademark. We respect the intellectual property rights of others and do not allow copyright infringement. You may not violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license. We’re also providing you notice about our intellectual property rights. Operwell reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Operwell, SlideShare, and “in” logos and other Operwell trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Operwell

7.2.16 Respect Operwell's Rights. Don't violate the rights of Operwell. You can find more information about what this means in our Terms of Service. It is also not okay to suggest that you are affiliated with or endorsed by Operwell when you are not. Do not violate our intellectual property rights, scrape the Services, or interfere with or disrupt the Services.

7.2.17 Unauthorized Access and Use. You may access the Services solely in the manner that we expressly authorize, for the tasks that the Services are intended for. You may not access the Services except through the interfaces intentionally provided by Operwell, such as its mobile applications, Operwell.com and slideshare.net.

7.2.18 Interference with the Service. You may not interfere with the functionality of, or our rights in, the Services. You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Services.

7.2.19 Respect Operwell’s Rules. You must follow the spirit and letter of our rules, agreements, and policies. You may not violate any additional terms concerning the specific Services that are provided when you sign up for or start using such Services.

8. OTHER CONTENT, SITES, AND APPS

Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Operwell generally does not review content provided by our Users or others. You agree that we are not responsible for others’ (including other Users or Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others. You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your Operwell account, that app or site can access information on Operwell related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways Operwell would not. Except to the limited extent it may be required by applicable law, Operwell is not responsible for these other sites and apps – use these at your own risk.

9. AUTOMATED PROCESSING

We use data and information about you to make relevant suggestions to you and others. We will use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

10. AUTOMATIC MEMBERSHIP RENEWAL

You must pay your Operwell subscription fees through your Operwell Account. The subscription billing period begins on the date that Operwell receives payment. Operwell subscription fees are calculated from the beginning of that billing period. Operwell automatically renews your Operwell membership according to your choice of monthly or annual renewal, and you irrevocably authorize and instruct Operwell Inc. to make the required monthly payments to Operwell on your behalf. This authorization will remain in full force and effect until you change your settings in your Profile to change your subscription plan, otherwise, notify us that you wish to revoke your authorization by contacting Customer Support, or cancel your Account.

11. REFUNDS AND CHANGES TO SUBSCRIPTION PROGRAM

You can change your subscription program at any time, including by moving to an unpaid plan, by going to the Website and selecting “Manage Accounts” within the main menu located in the website header or by clicking here. If you change your subscription program, the new program and new billing period will be based upon the date Operwell receives payment of the new subscription fee. If you upgrade a membership, it will result in a new billing date effective upon the date of payment of the additional fees. If you downgrade an upgrade, subscription, or membership; you will not receive a refund or credit for the fees already paid. The downgrade will go into effect at the beginning of the next billing period. Operwell reserves the right to modify its subscription programs at any time, upon reasonable notice posted in advance on the Website. By selecting “Upgrade your Account” on the purchase screen, you are agreeing to pay the full, listed amount of the Service including all applicable taxes; and, you agree to all terms of service. If you do not agree with any of these terms of service within this Section, do not purchase an account upgrade.

12. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

12.1 Application. You and Operwell agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 12 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms.

12.2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at terms@Operwell.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Operwell, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

12.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (90) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of Operwell shall be finally settled by binding arbitration administered by the JAMS Comprehensive Arbitration Rules & Procedures (“JAMS”). The JAMS rules will govern payment of all arbitration fees.

12.4 Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

12.5 Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and Operwell’s names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) send one copy of the Demand to JAMS, along with a copy of these Terms and the filing fee required by JAMS; and (c) Send one copy of the Demand for Arbitration to us at terms@Operwell.com.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration will take place in the USA’s Commonwealth of Pennsylvania, in the City of Philadelphia; in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

12.6 Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND OPERWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.7 Opt-Out. If you do not agree to Arbitration, you may NOT use the Website or Services. Please do not use the Website or Services. By deciding to use the Website and any Service provided by Operwell, you are agreeing to all Arbitration terms within Section 12.

12.8 Changes to This Section. Operwell will provide thirty (30) days’ notice of any changes to this section by posting on the Service and Websites. Amendments will become effective thirty (30) days after they are posted on the Service and Websites or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Service and Websites.

12.9 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Service and Websites.

13. THIRD-PARTY LINKS AND SERVICE AND WEBSITES

The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. Operwell is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Operwell shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

14. MODIFICATION

Operwell reserves the right at any time to modify or discontinue, temporarily or permanently, the Service and Websites (or any part thereof), with or without notice. You agree that Operwell shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service and Websites.

13. CONTROLLING LAW AND SEVERABILITY

These Terms shall be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania, notwithstanding its conflicts of law principles. Any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the state or federal courts of the City of Philadelphia and you and Operwell consent to the exclusive jurisdiction of such courts.

14. ADDITIONAL TERMS

14.1 Force Majeure. Under no circumstances shall Operwell or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

14.2 No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Operwell to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

14.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

14.4 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service and Websites and/or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.

14.5 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Operwell and govern your use of the Service and Websites, and supersede any prior agreements between you and Operwell on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Operwell without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Operwell. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Service and Websites for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

14.6 Notices. We may deliver notice to you by e-mail, posting a notice on the Service and Websites or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: terms@Operwell.com.

15. LICENSE

Operwell grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by Operwell in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. Operwell reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Operwell in writing, you may not (or enable others to):

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, RSS and podcast feeds, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, "Materials");
  • Redeliver any page, text, image, or Materials on this Site using "framing" or other technology;
  • Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by Operwell;
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;
  • Modify, copy, obscure, remove, or display Operwell's name, logo, trademarks, text, notices, or images without Operwell's express written permission. To obtain such permission, you may e-mail us at intellectualproperty@Operwell.com; or
  • Include the term "Operwell," or any Operwell trademark or executive's name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Operwell.

15. LINKING

15.1 Linking conditions. You may not link to this Site unless you comply with these linking conditions ("Linking Conditions"). Operwell grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site ("Link"), provided you comply at all times with the following conditions:

  • The Link must resolve to Operwell's portal page at www.Operwell.com, unaltered in any way;
  • • The text of the Link must read either "Operwell, Inc", "Operwell", "Operwell.com," or "www.Operwell.com." You may not use any Operwell logo or graphic, or any other Operwell trademark, as part of the Link without Operwell's express written permission; and
  • • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Operwell, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Operwell or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.
If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as "deep links"), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this Site.

16. INTERNATIONAL USE

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

17. TERMINATION

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Operwell, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Operwell will not be liable to you or any third party for any termination of your access to or use of this Site.

18. LAW ENFORCEMENT GUIDELINES

U.S. Legal Process Requirements. We disclose user information solely in accordance with our published Terms of Service and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. In accordance with U.S. law:

1. A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available.

2. A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above.

3. A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.

2. International Legal Requirements. In the case of requests from law enforcement outside of the U.S., a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory may be required to compel the disclosure of the contents of an account.

3. Account Preservation Requests. We will take reasonable steps to preserve account records in connection with official criminal investigations for a period of 90 days pending our receipt of a formal legal request for user data. You may request the preservation of records via email, fax or mail as indicated below.

4. Information Required in Connection with Your Request.

Your Contact Information:

i. Requesting Agency’s name

ii. Requesting Agent’s name

iii. Requesting Agent’s badge/identification number

iv. Requesting Agent’s Agency-issued Email address

v. Requesting Agent’s telephone number, including extension

vi. Requesting Agent’s mailing address (PO Box is not acceptable)

vii. Requested response date (please allow at least 4 weeks for processing)

Data Request Information:

viii. Full (first and last) name of the Operwell User

ix. Email address(es) associated with the User’s account

x. A clear and specific description of the data being requested (we will be unable to process overly broad or vague requests)

5. Data Availability. We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve.

6. User Notification. Operwell’s policy is to notify users of requests for their information, which includes a copy of the request, prior to disclosure so that they may have an opportunity to challenge such request unless: (a) we are prohibited from doing so by law or court order; (b) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors; or (c) prior notice would be counterproductive (for example, if we believe that the account in question has been hijacked). Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited. Please note that Officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Terms of Service we may, in order to protect our service and its Users, take action to prevent any further abuse, including actions that could notify the User(s) who are the subject of your data request that we are aware of their misconduct.

7. Submitting Your Request. A data request may be served by messaging terms@operwell.com.

PRIVACY POLICY:

EFFECTIVE DATE: JUNE 1, 2019

I. Introduction

Operwell offers a variety of team productivity, collaboration, and organizational tools available online, including via a mobile application (collectively, the “Service”), and websites, including but not limited to www.Operwell.com (the “Websites”). As you use the Service and interact with the Websites, Operwell collects and processes information from and about you in order to provide you with access to the Service, enhance your experience while using the Service, and interact with you. This Privacy Policy (the “Policy”) describes how Operwell collects, uses, and discloses information collected through the Service and Websites, and what choices you have with respect to such information. The first section below explains which privacy terms are applicable to you depending on what type of user you are.

References to “Operwell” throughout the Policy mean the Operwell entity that acts as the data controller or data processor of your information, as explained in more detail below. By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to all Terms, please do not access or use the Service and Websites.

If you have any questions about this Privacy Policy, please contact by emailing us at privacy@Operwell.com.

II. Privacy Terms for Subscribers

A. Overview

Section II of this Policy applies only to Subscribers. If you are a Subscriber, the “Customer Agreement” governs the collection and processing of information collected from you through the Customer’s instance of the Service (e.g. a Customer’s organization or workspace, but for purposes of this Policy referred to as the “Workspace”), including all associated messages, attachments, files, tasks, projects and project names, team names, channels, conversations, and other content submitted through the Service (“Workspace Content”). In the event of a conflict between this Privacy Policy and the Customer Agreement, the Customer Agreement governs. Because the Customer controls the Workspace used by Subscribers, if you have any questions about the Customer’s specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you are a Subscriber located in the European Union, please note that the Customer is the data controller with respect to the processing of your Workspace Content pursuant to the EU General Data Protection Regulation (“GDPR”). When processing Workspace Content of EU data subjects governed by the Customer Agreement, Operwell is the data processor, meaning that we collect and process such information solely on behalf of the Customer.

B. Collection and Use of Subscriber Information

This section explains the information we collect from Subscribers. We do not require Subscribers to provide us with information. However, certain information, such as account log-in data, is required to provide you with access to the Service, and other information may be collected automatically as you use the Service.

1. Workspace Content. Workspace Content is collected, used, and shared by Operwell in accordance with the Customer’s instructions, including any applicable terms in the Customer Agreement, or as required by applicable law. The Customer, and not Operwell, determines its own, internal policies regarding storage, access, modification, deletion, sharing, and retention of Workspace Content which may apply to your use of the Service. For example, a Customer may provide or remove access to the Service, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign teams, or share projects. Please check with the Customer about the policies and settings that they have instituted with respect the Workspace Content that you provide when using the Service.

2. Account Information. To set up your Operwell account, you or the Customer will provide us with basic information about you which may include your name, address, telephone number, email address, and password. You will then have the ability to provide optional profile information, such as a photograph or basic demographic data. With your permission, we may also upload calendar information stored on your mobile device to your account. If you submit payment information in connection with your use of the Service, we utilize a third-party credit card payment processing company to collect payment information, including your credit card number, billing address, and phone number. In such circumstances, the third-party service provider, and not Operwell, stores your payment information on our behalf.

3. Service Usage Information. As you use the Service, we collect information about how you use and interact with the Service (“Service Usage Information”). Such information includes:

  • Device information – when you access the Service using a mobile device, we collect certain device information, including the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may also collect your MAC address and other unique device identifiers.
  • Log files – when you use the Service, our servers automatically record information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring/exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information.
  • Location information – we collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).
  • Workspace Use Metadata – when you interact with the Service, metadata is generated that provides high-level (non-content) information about the way you work in your Workspace. For example, we may log the number of Workspaces you work in; the number of tasks to which you are assigned; the features and embedded Service content you interact with; the types of files you share; and what, if any, third party services and integrations you use.

4. Other Information. You may provide us with information when you interact with us in other ways, such as when you submit requests or questions to us via forms or email (e.g., support forms, sales forms, user research participation forms); information you provide in connection with Operwell sweepstakes, contests, or research studies in which you choose to participate; beta testing; and requests for customer support and technical assistance (collectively, “Other Information”).

5. Information Collected from Third-Party Integrations . If you choose to use or connect to third-party integrations through the Service, or if you are required or permitted to do so by a Customer, such third parties may allow us to have access to and store additional information about your interaction with those services as it relates to your use of the Service. If you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections.

C. How Does Operwell Use Subscriber Information?

This section explains how Operwell uses information collected from Subscribers.

1. Workspace Content. Operwell may view and use Workspace Content collected from and about Subscribers only as necessary:

  • To maintain, provide and improve the Service
  • To prevent or address technical or security issues and resolve support requests
  • To investigate when we have a good faith belief, or have received a complaint alleging, that such Workspace Content is in violation of the Customer Agreement or our User Terms of Service
  • To comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines
  • As otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer

2. Account Information, Service Usage Information, Information from Third Party Integrations, and Other Information. Operwell may use these categories of information collected from and about Subscribers to:

  • Maintain, provide, and improve the Service
  • Respond to your requests for information
  • Prevent or address technical or security issues and resolve support requests
  • Investigate in good faith alleged violations of our User Terms of Service
  • Comply with a valid legal subpoena, request, or other lawful process that meets the requirements of our Law Enforcement Guidelines
  • Help us better understand user interests and needs, and customize the Service for our users
  • Engage in analysis, research, and reports regarding use of the Service
  • Protect the Service and our users
  • Communicate with you via email and through the Service about important notices and updates regarding the Service, such as to inform you about changes in the Service, our service offerings, and important services-related notices, such as about security and fraud. Because these communications are an important part of the Service, you may not opt out of them
  • In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about Operwell. You have the ability to unsubscribe from such promotional communications
  • Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Service. If you wish to opt out of the ability of one our service providers, Google Analytics, to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on by clicking here

D. Sharing of Subscriber Information

In accordance with the applicable Customer Agreement, we may share the information we collect from Subscribers as follows:

  • Affiliates and Subsidiaries. We may share the information we collect within all Operwell parent, subsidiary, affiliated, and family of companies.
  • Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, analytics, data storage, security, fraud prevention, and other services.
  • Business Transactions. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Service can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as the acquiring party modifies it. If such transfer is subject to additional mandatory restrictions under applicable laws, Operwell will comply with such restrictions.
  • Consistent with your settings within the Service. Please note that the Workspace Content you submit through the Service may be viewable by other users in your Workspace and within your organization, depending on the specific settings you and your organization have selected.

E. Aggregate De-Identified Data

We may aggregate and/or de-identify information collected through the Service so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and analytics, and may also share such data with any third parties, including partners, affiliates, services providers, and others.

F. Combined Information

We may combine the information that we collect through the Service with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy and the Customer Agreement.

G. Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law, or where the Customer Agreement requires or permits specific retention or deletion periods.

H. Data Subject Rights

Please contact your Workspace owner(s) or administrator(s) to exercise any data subject rights you have under applicable local laws, including your ability to access, delete, rectify, transfer, or object under the GDPR.

III. Privacy Terms for Free Users

A. Overview

Section III of this Policy applies only to Free Users of the Service. If you are a Free User located in the European Union, Operwell is the data controller with respect to the processing of your personal data pursuant to the GDPR.

B. Collection and Use of Free User Information

This section explains how we collect, process, and use the information collected from Free Users. We do not require Free Users to provide us with information. However, certain information, such as account log-in data, is required to provide you with access to the Service, and other information may be collected automatically as discussed below.

1. Information You Provide to Operwell. Operwell collects the following information submitted directly through the Service by Free Users:

  • • The messages, attachments, files, tasks, project names, team names, channels, conversations, and other content submitted through the Service (collectively, the “Workspace Content”);
  • Information you provide as part of your account registration with Operwell, which may include your name, organization name, address, telephone number, email address, username and password; optional information that you may choose to provide, such as a photograph or basic demographic data; and, with your permission, calendar information stored on your mobile device that you may elect to upload to your account (collectively, the “Account Information”); and
  • Information you provide in other interactions with us, such as requests or questions you submit to us via forms or email (e.g., support forms, sales forms, user research participation forms), information you provide in connection with Operwell sweepstakes, contests, or research studies in which you choose to participate; beta testing; and requests for customer support and technical assistance (collectively, “Other Information”).

2. Service Usage Information. As you use the Service, we collect a variety of information about how you use and interact with the Service (“Service Usage Information”). Such information includes:

  • Device information – when you access the Service using a mobile device, we collect certain device information, including the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may also collect your MAC address and other unique device identifiers.
  • Log files – when you use the Service, our servers automatically record certain information in server log files. These log files may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks, date and time stamp information, language preferences, data from cookies and similar technologies, and other such information.
  • Location information – we collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).
  • Workspace Use Metadata – when you interact with the Service, metadata is generated that provides high-level (non-content) information about the way you work in your Workspace. For example, we may log the number of Workspaces you work in; the number of tasks to which you are assigned; the features and embedded Service content you interact with; the types of files you share; and what, if any, third party services and integrations you use.

3. Information Collected from Third Party Integrations. If you choose to use or connect to third-party integrations through the Service, such third parties may allow us to have access to and store additional information about your interaction with those services as it relates to your use of the Service. Moreover, if you initiate these connections, you also understand that we will share information about you that is required to enable your use of the third-party integration through the Service. If you do not wish to have this information shared, do not initiate these connections. By enabling these connections, you authorize us to connect and access the information provided through these connections, and you understand that the privacy policies of these third parties govern such connections.

4. Information Collected from Other Third Parties. Operwell may receive additional information about you, such as demographic information, from affiliates under common ownership and control, and from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may use to supplement the information that we collect directly from you.

C. Use of Free User Information

Operwell may use the information collected from Free Users to: - Maintain, provide, and improve the Service - Respond to your requests for information - Prevent or address technical or security issues and resolve support requests - Investigate in good faith alleged violations of our User Terms of Service - Comply with a valid legal subpoena, request, or other lawful process that meets the requirements of our Law Enforcement Guidelines - Help us better understand user interests and needs, and customize the Service for our users - Engage in analysis, research, and reports regarding use of the Service - Protect the Service and our users - Communicate with you via email and through the Service about important notices and updates regarding the Service, such as to inform you about changes in the Service, our service offerings, and important services-related notices, such as about security and fraud. Because these communications are an important part of the Service, you may not opt out of them - In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about Operwell. You have the ability to unsubscribe from such promotional communications - Provide cross-device management of your account. For example, we may locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Service. If you wish to opt out of the ability of one our service providers, Google Analytics, to locate you across devices in this way, you may install the Google Analytics Opt-out Browser Add-on by clicking here

D. Legal Bases for Use of Your Information

If you are located in the EU, please note that the legal bases under the EU General Data Protection Regulation (“GDPR”) for using the information we collect through your use of the Service as a Free User are as follows:

  • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by using the Service)
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Service; operate our Service; prevent fraud, analyze use of and improve our Service, and for similar purposes)
  • Where use of your information is necessary to comply with a legal obligation
  • Where we have your consent to process data in a certain way

E. Sharing of Free User Information

We share the information we collect through the Service about Free Users with the following:

  • Affiliates and Subsidiaries. We may share the information we collect within all Operwell parent, subsidiary, affiliated, and family of companies.
  • Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services.
  • Business Transfers. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Websites can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, Operwell will comply with such restrictions.
  • Consent. We may also disclose your information to third parties with your consent to do so. By using the products or services, you are thereby giving your consent.
  • Consistent with your settings within the Service. Please note that the Workspace Content you submit through the Service may be viewable by other users in your Workspace, depending on the specific settings you have selected.

F. Aggregate De-Identified Data

We may aggregate and/or de-identify information collected through the Service so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

G. Combined Information

For the purposes discussed in this Policy, we may combine the information that we collect through the Service with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy.

H. Data Retention

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

I. Data Subject Rights

Local legal requirements (such as those in the EU) may afford you additional rights. If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Operwell Contact Info” section below at any time. Your local laws (such as those in the EU) may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third-party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

IV. Privacy Terms for Site Visitors

A. Overview

Section IV of this Policy applies only to Site Visitors.

If you are a Site Visitor located in the European Union, Operwell is the data controller with respect to the processing of your personal data pursuant to the EU General Data Protection Regulation (“GDPR”).

B. Collection and Use of Site Visitor Information

1. Information Collected from Site Visitors

When you use the Websites, we collect the following information about you:

  • Contact Information – if you submit a request for information or a question through the Websites, you may be asked to provide us with basic information including your name, email address, phone number, and postal address. We will also keep records of the communication, the question/request you raised, and how it was resolved. If you choose to participate in an Operwell sweepstakes, contest, or research study offered through the Websites, we will also collect basic contact information from you in connection with such activity.
  • Websites Usage Information – as you browse the Websites, we and our service providers (which are third party companies that work on our behalf to provide and enhance the Websites) use a variety of technologies, including cookies and similar tools, to assist in collecting information about how you use the Websites. For example, our servers automatically record certain information in server logs. These server logs may include information such as your web request, IP address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Websites, domain names, landing pages, pages viewed, mobile carrier, mobile device identifiers and information about the device you are using to access the Websites, date and time stamp information and other such information.
  • Location Information – We collect and process general information about the location of the device from which you are accessing the Service (e.g., approximate geographic location inferred from an IP address).
2. Cookies and Similar Technologies

To collect the Websites Usage Information discussed above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. A web server log is a file where website activity is stored. An SDK is a section of code that we embed in our applications and software to allow third parties to collect information about how users interact with the Websites. A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer and login session; (ii) store your preferences and settings; (iii) understand which pages of the Websites you have visited; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform analytics; and (vi) assist with security and administrative functions. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email, and that are designed to provide usage information like ad impressions or clicks, email open rates, measure popularity of the Websites and associated advertising, and to access user cookies. As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari).

3. Use of Information Collected from Site Visitors

We use the information collected from Site Visitors for a variety of purposes including to:

  • Maintain, provide, and improve the Websites and the Service
  • Respond to your requests for information
  • In accordance with applicable legal obligations, communicate with you about promotions, offers, and news about Operwell. You have the ability to unsubscribe from such promotional communications
  • Prevent or address technical or security issues
  • Investigate in good faith alleged violations of our User Terms of Service
  • Help us better understand Site Visitor interests and needs, and customize the advertising and content you see on the Websites
  • Engage in analysis and research regarding use of the Websites and the Service

C. Legal Bases

If you are located in the EU, please note that the legal bases under the GDPR for using the information we collect through your use of the Websites as a Site Visitor are as follows:

  • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with the User Terms of Service which you accept by browsing the Websites)
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our Websites; operate our Websites; prevent fraud, analyze use of and improve our Websites, and for similar purposes)
  • Where use of your information is necessary to comply with a legal obligation
  • Where we have your consent to process data in a certain way

D. Aggregate/De-Identified Data

We may aggregate and/or de-identify information collected through the Websites so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

E. Combined Information

You agree that, for the purposes discussed in this Policy, we may combine the information that we collect through the Websites with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy. If, however, the collection of any information about you is governed by a Customer Agreement, information will only be combined and used in accordance with such Customer Agreement and the sections of this Policy applicable to Subscribers.

F. Website Analytics and Advertising

1. Website Analytics We may use third-party web analytics services on our Websites to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

2. Online Advertising. The Websites may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Websites, as well as on other websites you visit. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
Third parties, whose products or services are accessible or advertised via the Websites, may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on our Websites and other websites and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Websites. We sometimes provide Site Visitor information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites.
We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your device you use to access the Websites by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Please note that if you exercise the opt-out choices above, you will still see advertising when you use the Websites, but it will not be tailored to you based on your online behavior over time.

3. Notice Concerning Do Not Track Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Websites for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.

G. Sharing of Site Visitor Information

We share the information we collect through the Websites with the following:

  • Affiliates and Subsidiaries. We may share the information we collect within the Operwell family of companies.
  • Service Providers. We may provide access to or share your information with select third parties that use the information only to perform services on our behalf. These third parties provide a variety of services to us, including without limitation sales, marketing, provision of content and features, advertising, analytics, research, data storage, security, fraud prevention, and other services.
  • Business Transfers. If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Websites can continue to operate. In such case, your information would remain subject to the promises and commitments contained in this Policy until such time as this Policy is updated or amended by the acquiring party upon notice to you. If such transfer is subject to additional mandatory restrictions under applicable laws, Operwell will comply with such restrictions.
  • Public Forums. The Websites makes it possible for you to upload and share comments or feedback publicly with other users, such as on the Operwell community forum. Any information that you submit through such public features is not confidential, and Operwell may use it for any purpose (including in testimonials or other Operwell marketing materials). Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Such information can be read, collected and/or used by other users, and it could be used to send you unsolicited messages. Accordingly, please take care when using these features of the Websites.
  • Consent. We may also disclose your information to third parties with your consent to do so. By using the products or services, you are thereby giving your consent.

H. Retention of Your Information

We will retain your information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

I. Data Subject Rights

Local legal requirements (such as those in the EU) may afford you additional rights. If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Operwell Contact Info” section below at any time. Your local laws (such as those in the EU) may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third-party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

J. Third Party Links and Services

The Websites may contain links to third-party websites and functionalities. If you choose to use these third-party services, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Because these third-party websites and services are not operated by Operwell, Operwell is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Policy. We urge you to read the privacy and security policies of these third-parties.

V. Additional Privacy Terms for All Users

The following additional information about Operwell’s privacy practices apply to all users of Operwell (Subscribers, Free Users, and Site Visitors).

A. International Users

Operwell complies with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union and Switzerland to the United States, respectively. Operwell has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access and Recourse, Enforcement and Liability. If there is any conflict between the policies in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. In compliance with the EU-US Privacy Shield and Swiss-US Privacy Shield Principles, Operwell commits to resolve complaints about your privacy and our collection or use of your personal data. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Operwell at: privacy@Operwell.com. Operwell has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU Privacy Shield, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Operwell, please visit the BBB EU Privacy Shield web site at https://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. Operwell is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with respect to its compliance with the provisions of the EU-US and Swiss-US Privacy Shield. We may transfer information that we collect about you to third party processors across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. Operwell will take reasonable and appropriate steps necessary to ensure that any third party who is acting as a “data processor” under EU and Swiss terminology is processing the personal data we entrust to them in a manner that is consistent with the EU-US and Swiss-US Privacy Shield Principles. Operwell is potentially liable in cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US and Swiss-US Privacy Shield, respectively.

B. Changes to Our Privacy Policy

We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Service or Websites, or advances in technology. We will make the revised Policy accessible through the Service and Websites, so you should review the Policy periodically. If we make a material change to the Policy, we will comply with applicable legal requirements regarding providing you with notice and/or consent.

C. How We Protect Your Information

Operwell takes technical and organizational measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the Internet, and no means of electronic or physical storage, is absolutely secure, and thus we cannot ensure or warrant the security of that information.

D. Marketing Practices and Choices

If you receive email from us, we may use certain analytics tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns. You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us at the “Operwell Contact Info” section below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain operational or service-related emails, such as those reflecting our relationship or transactions with you.

E. California Privacy Rights

California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined by applicable California law) with third parties for their direct marketing purposes. However, Operwell does not share your personal information with third parties for their own direct marketing purposes.

VI. Operwell Contact Info

If you wish to contact us or have any questions about or complaints in relation to this Policy, please contact us at privacy@Operwell.com.

You acknowledge that Operwell and/or its vendors may or may not (but are not obligated to) monitor User Content, but that Operwell shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

Except as set forth in our Privacy Policy, none of the User Content that you submit, upload, post, e-mail, or transmit or otherwise make available via the Site shall be subject to any confidentiality obligations by Operwell and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. Operwell shall not be liable in any way for any User Content or for the use or disclosure of any User Content.

Cookies Policy

EFFECTIVE DATE: JUNE 1, 2019

We use and allow certain other companies to use cookies, web beacons, and other similar technologies (collectively “Cookies”) on our Services. We do this to understand your use of our Services; improve your user experience and enable personalized features and content; optimize our advertisements and marketing; and to enable third-party advertising companies to assist us in serving ads specific to your interests across the Internet. You can find more information about Cookies at: www.allaboutcookies.org.

What are Cookies?

Cookies are text files containing small amounts of information which are downloaded to the browser that you use when you visit a site. The entity that places cookies on your browser can then read the information on that cookie that it set. Cookies are typically classified as either “session cookies” which do not stay on your device after you close your browser or “persistent cookies” which will usually remain on your device until you delete them or they expire. Different cookies are used to perform different functions:

  • Essential Cookies: Some cookies are essential and enable you to move around the Services and use their features, such as accessing secure areas of the Services. Without these cookies, we cannot enable appropriate content based on the type of device you are using. Functionality Cookies: These cookies allow us to remember choices you make on our websites (such as your preferred language or the region you are in).
  • Personalization Cookies: We also use cookies to change the way our Services behave or look in order to personalize your experience from information we infer from your behavior on our Services or information we may already know about you because, for example, you are a registered user. These cookies may be used to tailor the Services or the content, look and feel delivered to you on subsequent sessions to our Services. For example, if you personalize webpages, or use specific parts of the Services, a cookie helps our webpage server recall your specific information. When you next use the Services, the information you previously provided can be retrieved, so you can easily use the Services features that you previously chose.
  • Analytics Cookies: We use our own cookies and/or third-party cookies and other identifiers (such as web beacons) to see how you use our Services in order to enhance their performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons may be used to: maintain a consistent look and feel across our Services; track and provide trend analysis on how our users interact with our Services; track errors and measure the effectiveness of our promotional campaigns.
  • Advertising Cookies: These cookies record your visit to our Services, your opening and review of our emails, the pages you have visited, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a website. We or our service providers may use this information to make advertisements more relevant to you.
  • Cross-Device Cookies: Sometimes, we may use cookies in combination with the information we collect — for instance, usernames, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Services.

Things you and others do and provide.

  • Information and content you provide. We collect the content, communications and other information you provide when you use our Services, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata). It can also include what you see through features and Services we provide. Our systems automatically process content and communications you and others provide to analyze context and what's in them.
  • Networks and connections. We collect information about the people, pages, accounts, hashtags and groups you are connected to and how you interact with them across our Services, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below.
  • Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Services, and what posts, videos and other content you view on our Services. We may also collect information about how you use features like our camera.
  • Information about transactions made on our Services. If you use our Services for purchases or other financial transactions (such as when you make a subscription purchase or engage in other transactions), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.
  • Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Services. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.

Device Information

As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Services on your phone to better personalize the content (including ads) or features you see when you use our Services on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device.

Information we obtain from these devices includes:

  • Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
  • Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
  • Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Operwell Company Products associated with the same device or account).
  • Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
  • Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
  • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV.
  • Cookie data: data from cookies stored on your device, including cookie IDs and settings.

Information from partners.

Advertisers, app developers, and publishers can send us information through Operwell Services they use, including our social plug-ins (such as the Like button), Operwell Login, Facebook, LinkedIn, Twitter, Google APIs and SDKs, our APIs and SDKs, or other interactions involving Operwell and our Services across devices and platforms. These partners provide information about your activities off Operwell—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether or not you have an Operwell account or are logged into Operwell. For example, a developer could use our API to tell us what productivity applications you utilize, or a business could tell us about a purchase you made in its store. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information.

Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.

II. How do we use this information?

Provide, personalize and improve our Products.

We use the information we have to deliver our Services, including to personalize features and content and make suggestions for you (such as groups, activities, or events you may be interested in or topics you may want to follow) on and off our Services. To create personalized Services that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Services; and the people, places, or things you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalize your Operwell and Instagram experience, including features, content and recommendations in Operwell Products; you can also learn more about how we choose the ads that you see.

  • Information across Operwell Services, Products, and devices: We connect information about your activities on different Operwell Products, Services, and devices to provide a more tailored and consistent experience on all Operwell Services you use, wherever you use them. For example, we can suggest that you join a group on Operwell that includes people you follow or communicate with using Operwell. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Operwell Product when you sign up for an account on a different Product.
  • Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you're near-to provide, personalize and improve our Services, including ads, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of Operwell Services.
  • Services research and development: We use the information we have to develop, test and improve our Services, including by conducting surveys and research, and testing and troubleshooting new products and features.
  • Ads and other sponsored content: We may use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you.

Promote safety, integrity and security.

We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of Operwell Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help. To learn more, visit the Operwell Security Help Center and Instagram Security Tips.

Communicate with you.

We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

Sharing on Operwell Products and Services

People and accounts you share and communicate with

When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Operwell, you select the audience for the post, such as a group, team, business, your network, the public, or a customized list of people.

Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes any information you share with a public audience; information in your public profile on Operwell. You, other people using Operwell, and we can provide access to or send public information to anyone on or off our Products, including in other Operwell Company Products, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products and Services.

Content others share or reshare about you

You should consider who you choose to share with or invite to your team, network, business, or connections; because, people who can see your activity on our Services can choose to share it with others on and off our Products and Services, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific teammates, contacts, friends, or accounts, they can download, screenshot, or reshare that content to others across or off our Products, in person or in virtual reality experiences. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later with or without your knowing. People can also use our Products and Services to create and share content about you with the audience they choose. For example, people can share a photo of you in a Story, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn report the content to terms@Operwell.com.

Information about your active status or presence on our Products or Services.

People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on Operwell, or when you last used our Products or Services.

Apps, websites, and third-party integrations on or using our Products.

When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products or Services, they can receive information about what you post or share. Also, when you download or use such third-party services, they can access your public profile on Operwell, and any information that you share with them. Apps and websites you use may receive your list of Operwell friends if you choose to share it with them. But apps and websites you use will not be able to receive any other information about your Operwell friends from you, or information about any of your Instagram followers (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one.

Devices and operating systems providing native versions of Operwell (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.

New owner.

If the ownership or control of all or part of our Products or Services or their assets changes, we may transfer your information to the new owner.

Sharing with Third-Party Partners

We work with third-party partners who help us provide and improve our Products or who use Operwell Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:

Partners who use our analytics services.

We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos, business, and other content on and off the Operwell Products

Advertisers.

We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which Operwell ads led you to make a purchase or take an action with an advertiser.

Measurement partners.

We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.

Partners offering goods and services in our Products and Services.

When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details.

Vendors and service providers.

We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.

Researchers and academics.

We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being.

Law enforcement or legal requests.

We share information with law enforcement or in response to legal requests in the circumstances outlined in our Law Enforcement Guidelines.

III. How can I manage or delete information about me?

We provide you with the ability to access, rectify, port and erase your data. We store data until it is no longer necessary to provide our services and Operwell Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.

When you delete your account, we may delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted

V. How will we notify you of changes to this policy?

We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.

Third-Party Cookies

Please note that third parties (including for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies on our Services. We may use trusted partners like DoubleClick and Google AdWords to help us service advertising. We may also use Google Analytics or Amplitude on our Services to help us analyze how our Services are used. Google Analytics and Amplitude uses performance cookies to track visitor interactions. For example, by using cookies, they can tell us which pages our users view, which are most popular, what time of day our websites are visited, whether visitors have been to our websites before, what website referred the visitor to our websites, and other similar information. We have little control over these “third party” cookies, so we suggest that you check the respective privacy policies for these external services to help you understand what data these organizations hold about you and what they do with it.

Web Beacons

We may also use electronic images known as web beacons on our Services - sometimes called “clear GIFs”, “single-pixel GIFs”, or “web bugs”. Web beacons are used to deliver cookies on our Services, count clicks/users/visitors, and deliver co-branded content or services. We may include web beacons in our promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon. Our Services may also contain web beacons from third parties to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other website operations. These web beacons may allow the third parties to set or read cookies on your device.

Controlling Cookies

There are a number of ways you can manage what cookies are set on your devices. Essential cookies, however, cannot be disabled. If you do not allow certain cookies to be installed, the Services may not be accessible to you and/or the performance, features, or Services of the website may be compromised.

1. Advertising Cookies

If you would like to disable advertising cookies, you can visit http://www.youronlinechoices.com. If you choose to turn off these cookies you will still see advertising on the internet but it may not be tailored to your interests. It does not mean that you won’t be served any advertisements while online. You can also manage this type of cookie in the privacy settings on the web browser you are using. Please see below for more information.

2. Browser Settings

Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete and manage any cookies that have been installed in the cookie folder of your browser by following the instructions provided by your particular browser manufacturer.

  • Google Chrome
  • Internet Explorer
  • Mozilla Firefox
  • Safari (Desktop)
  • Safari (Mobile)
  • Android Browser
  • Opera
  • Opera Mobile

If your browser is not listed here, consult the documentation that your particular browser manufacturer provides. You may also consult your mobile device documentation for information on how to disable cookies on your mobile device. If you disable all cookies, you may not be able to take advantage of all the features of this Site. Please note that if you have not cleared your cookies or cache, the contents of which may affect autofill functions on the Indeed site and you are responsible for any such actions.

In addition, Indeed may also provide an employer with code for a Conversion Tracker to place on its Site that pings the job seeker web beacon and tracks whenever a job seeker has applied to a job on that employer’s website. This Conversion Tracker will attribute an application to Indeed any time the job seeker started their search on Indeed, despite any intervening activity. Indeed does not have access to the cookies in the employer’s domain. The Conversion Tracker is simply a counter that notifies Indeed that a job seeker has applied. If a job seeker has disabled the web beacon, the Conversion Tracker will have no functionality.

Indeed uses the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. Indeed and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Site. This means that vendors including Google will display Indeed promotional material on other sites you visit across the Internet.

You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs. To opt out of the collection and use of information for ad targeting please feel free to exercise your rights as detailed in section 10 of our Privacy Policy, or alternatively contact Indeed as detailed in section 14 of our Privacy Policy.

3. Cross-Device Cookies

If you wish to opt out of our ability to track you across devices, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

Do Not Track Signals

There is no uniform or consistent standard or definition for responding to, processing, or communicating Do Not Track signals. At this time the Services do not function differently based a user’s Do Not Track signal. For more information on Do Not Track signals, see All About Do Not Track.

More Information

If you have any questions about how we use cookies, you can contact us at terms@Operwell.com.

DMCA Policy

We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.

You must provide the following information in writing in your DMCA Notice:

1. Identify the copyrighted work that you claim has been infringed;

2. Identify the material that is claimed to be infringing and where it is located on the Service;

3. Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address;

4. Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

5. Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and

6. Provide an electronic signature of a person authorized to act on behalf of the copyright owner; Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at:

Subject Line: DMCA Notice

Email: terms@Operwell.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

For questions about these or any Operwell terms or policies, email us at terms@Operwell.com.


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