Compliances and Other Legal Information

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Anti-Lobbying

The Open Group does not engage in lobbying activities; thus, we certify that no part of membership dues received are spent on lobbying expenses whatsoever.

NCRPA Notification

As required by the National Cooperative Research and Production Act (NCRPA), The Open Group notifies the U.S. Department of Justice and the U.S. Federal Trade Commission of new members and changes to the membership. These notifications are made public through publication in the Federal Register. If you are a member of The Open Group who has undergone a change in your legal entity name or business combination, please contact us to ensure that we provide correct information.

ITAR & EAR

As a U.S. Corporation, The Open Group complies with International Traffic in Arms Regulations (ITAR) - 22 CFR 120-130 and Export Administration Regulations (EAR) - 15 CFR 730-774 and requires its staff and any member organization representative accessing U.S. export restricted materials to certify direct knowledge (as applicable): (a) to being a U.S. person; (b) a U.S. citizen who does not hold a foreign passport or dual citizenship; (c) is authorized to have access to the U.S. exported restricted materials; (d) will comply with current Open Group U.S.- Persons policy and procedures regarding the handling of any export sensitive data; (e) that the materials accessed will be further restricted to U.S.- Persons directly participating in the collaborative effort; and (f) that the member organization is a U.S. Corporation and is in compliance with International Traffic in Arms Regulations (ITAR) - 22 CFR 120-130 and Export Administration Regulations (EAR) - 15 CFR 730-774.

The member organization is responsible for identifying any U.S. export restrictions or other restrictions associated with any materials prior to the submission of the materials to The Open Group.

The Open Group reserves the right to refuse any materials submitted to The Open Group if The Open Group determines that the submitted material is not in compliance or is not appropriate for storage by The Open Group.

Countries Where We Do Not Do Business

The Open Group, as a company incorporated in the U.S., is subject to compliance with applicable United States laws, regulations, or orders including those relating to export including but not limited to International Traffic in Arms Regulations (“ITAR”) and/or Export Administration Act/Regulations (“EAR”). Neither directly nor by association, The Open Group does not do business with, and will not certify individuals from, the following countries that are subject to U.S. embargo or trade restrictive sanctions:

  • Cuba
  • Iran
  • Iraq
  • Libya
  • North Korea (Democratic Republic of Korea)
  • Sudan
  • Syria

The licenses that The Open Group has granted for the use of its materials do not include use in these countries.

Data Privacy Protection

The Open Group maintains an Information Security Program to create effective administrative, technical and physical safeguards for the protection of personal information of individuals having a relationship with us, either directly or through a third-party acting on their behalf, and to comply with obligations under European Privacy Directive 95/46/EC, the California Computer Security Breach Act (Cal. Civ. Code §§ 1798.29, 1798.82 - 1798.84), California Assembly Bill 1950 (Cal. Civ. Code § 1798.81.5), Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth (201 CMR 17.00) and similar requirements, including self-regulation.

Certain features or services offered on or through the Site may require you to open an account (including setting up an Open Group ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify The Open Group immediately of any unauthorized use of your account or password, or any other breach of security.