Last update: November 20, 2020
3. Collection of Information:We collect your information, including Personal Information, in the course of providing the Notehub to you. Here are the three ways that we collect your information:
- Information that You Provide: We collect information that you provide to us, including when you make a purchase, set up an account with us, directly communicate or interact with us (i.e. by electronic mail, telephone, or other means), or otherwise use the Notehub.
- Information Automatically Collected by Blues: The information collected and/or generated and exchanged between a Notecard and the Blues Notehub falls into two categories: Metadata and User Data. The term “Metadata” means information concerning the Notecard, independent of the Notecard-Enabled Device with which it is associated, such as the Notecard’s state, configuration, and/or location. The term “User Data” means all data (other than Metadata) collected or generated by, or transmitted to, a Notecard-Enabled Device, including (i) data generated or collected by the Notecard-Enabled Device’s internal or external sensors, and (ii) data transmitted from your applications to your Notecard-Enabled Devices. We transmit User Data, but have no access, and seek no access, to the content of, or any information included in, User Data. We automatically collect Metadata in connection with the Blues Offerings. In certain instances, Metadata may include Personal Information, and such Personal Information is governed by this Policy.
- User-Generated Content: The Notehub may provide you with the ability (either directly or through a third party service) to engage with us and others in public exchanges, and these may include opportunities for you to provide comments, reviews, recommendations, information related to the Notehub, Blues Hardware, Notecard-Enabled IoT Solutions, and other topics (collectively, “User-Generated Content”). Please understand that anything you supply as User-Generated Content will be accessible to others to read, collect, re-publish, and otherwise freely use. We are not responsible for anything you decide to include in User-Generated Content, and we will take down, remove, or edit User-Generated Content in our sole discretion, except as required by applicable law. If you include any information relating to others in your User-Generated Content, then you represent that you have full permission and authority to do so.
4. Use of Information:We use your Personal Information to provide, operate, and improve Blues Offering, including, for the following purposes:
- Provide the Notehub: We use your Personal Information to provide you with and deliver the Notehub.
- Analysis and Improvement: We may use Metadata for improving, measuring use of, analyzing performance of, fixing errors in, providing support for, and developing Blues Hardware, Notehubs and other Blues Offerings. Such uses include (i) combining or aggregating the information collected through the Notehub or elsewhere for generating and analyzing statistics about use of the Notehub, user demographics, traffic patterns, and other metrics, and (ii) using anonymized data that may or may not be derived from Personal Information but does not personally identify you.
- Marketing and Notices: We may provide you with information about the Notehub or required notices. In addition, we may use collected information for delivering marketing communications that may be of interest to you. Blues does not sell or share your Personal Information with other companies for purposes of their marketing goods or services to you that are unrelated to Blues. You have the right to request that we do not share your Personal Information with, or sell your Personal Information to, third parties, and we will honor such requests in accordance with applicable law. Please note that such a request may prevent you from benefitting from core features of the Notehub.
- Security: We may use your Personal Information for safety and security purposes, including sharing of your information for such purposes, when it is necessary to pursue our legitimate interests in ensuring the security of the Notehub, including detecting, preventing and responding to fraud, intellectual property infringement, violations of agreements with Network Providers, with Blues, or with Blues’ service providers, violations of law, or other misuse of the Notehub. We may also share your Personal Information when we believe, in good faith, that disclosure is necessary to protect our rights, the rights of other users of the Notehub, the integrity of the Notehub, or the safety of you or others.
- Comply with Legal Obligations: We may have a legal obligations to collect, use, retain, or process your Person Information. If those obligations exists, then we will use your Personal Information to satisfy such obligations.
- Communicating with You: We use your Personal Information to respond to your request and to communicate with you about regarding the Notehub through various channels (such as email, phone, and chat).
- Third Party Service Providers: We may engage third party service providers to perform functions on our behalf, and these may include maintaining the Notehub, collecting information, responding to and sending email or other messages, data analysis, and other functions useful to our business. Our Carrier is one such example of a third party service provider that performs functions on our behalf. Such third party service providers will have access to Personal Information to the extent needed to perform their function, but will not be permitted to use Personal Information for other purposes.
- Consultants: Blues may engage attorneys, accountants, and other consultants and subject matter experts to advise and assist it in connection with the Notehub. Blues does not permit these consultants to use your Personal Information for purposes unrelated to their engagement with us.
- Other Disclosure: Blues may disclose Personal Information about you to others: (i) if Blues has your valid consent to do so; (ii) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (iii) to enforce any of the Blues, Network Provider, or other provider terms and conditions or policies; or (iv) as necessary to pursue available legal remedies or defend legal claims.
- Security: We have implemented reasonable measures to protect your information from unauthorized access, use or disclosure. The Notehub and its operators maintain administrative, technical and physical safeguards designed to protect the collected information. For example, (i) Notecards incorporate the device-level security features and the data-in-motion security protections set out in Blues datasheets, and these are designed to prevent unauthorized access to or use of the Notecard and the data exchanged with other applications; and (ii) communications between the Blues Notehub and Notecards are conducted via a VPN. However, no information or communication system can be 100% secure, so Blues cannot guarantee the absolute security of your information. In addition, you are responsible for implementing commercially reasonable security safeguards consistent with customary industry practices to prevent unauthorized access to, or use of the Notehub. Blues is not responsible for the security of information that you transmit over networks that Blues does not control, including the Internet and wireless networks.
- Retention; Reviewing or Correcting Information: Blues retains information (including associated Personal Information) in accordance with applicable law and its data retention policies. If you believe that we have incorrect information about you (including incorrect Personal Information), you have the right to request access to this information and to correct inaccuracies by sending a written request to Blues using the contact information provided in Section 12 (Contact Information). Please understand that we will not change or delete information if the information is necessary for the Notehub, or necessary for compliance with applicable law. Please note that Blues may be unable to collect information that is controlled by a Network Provider.
8. GDPR:Blues will process your Personal Information in compliance with the EU General Data Protection Regulation (“GDPR”) if you are a resident of the European Union and if the GDPR applies to our relationship with you (each an “EU data subject”). For information collected by Blues (that is not collected on behalf of a Network Provider), Blues is the data controller, as defined under GDPR, for all other information, including information submitted to or collected by the Network Provider or via any Network Provider services, Blues is the data processor, also as defined under GDPR. In accordance with GDPR, we will provide EU data subjects with applicable rights, which may include the following:
- Right of confirmation;
- Right of access;
- Right to rectification;
- Right to erasure;
- Right of restriction of processing;
- Right to data portability;
- Right to object;
- Right to withdraw data protection consent; and
- Right to lodge a complaint with a supervisory authority.
9. Notice of Privacy Rights to California Residents:The following provisions of this Section 8 (Notice of Privacy Rights to California Residents) apply if you are a California resident. If you submit a request to a Network Provider (or Blues services provider) that is related to your privacy rights as a California resident, then we will cooperate with such Network Provider (or Blues services provider) in accommodating your request.
- Shine the Light Law: California law requires certain businesses to respond to requests from California users who ask about business practices related to disclosing Personal Information to third parties for direct marketing purposes. The California “Shine the Light” law further requires us to allow California residents to opt out of certain disclosures of Personal Information to third parties for their direct marketing purposes.
- California Consumer Privacy Act Disclosure: The California Consumer Privacy Act (the “CCPA”) provides various rights to individuals and households with respect to the collection and use of Personal Information that we have collected about California residents. We use the term “resident” to refer to a California resident to whom the CCPA applies. Among other rights under the CCPA, as further set out in this Section, a resident has the right to request that we (i) disclose to the resident Personal Information that we have about such resident (including Personal Information about such resident that is sold), and (ii) subject to certain exceptions, delete Personal Information that we have about such resident. A resident may request a copy of the following using the mechanism set out in Section 8.3 (Submission of a Consumer Request): (a) the categories of Personal Information we collected about such resident; (b) the categories of sources from which the Personal Information is collected; (c) the business or commercial purpose for collecting or selling the Personal Information; (d) the categories of third parties with whom we share Personal Information; and (e) the specific pieces of Personal Information we have collected about such resident. A resident may submit a request for such information no more than twice in any twelve (12) month period, and our disclosure of such requested information shall only cover the twelve (12) month period preceding our receipt of such request. Additionally, a resident may request that we delete such resident’s Personal Information using the mechanism set out in Section 8.3 (Submission of a Consumer Request). A resident’s rights as to such deletion requests are set out in Section 6.3 (Retention).
- Submission of a Consumer Request: Residents may submit requests to us to access or delete their Personal Information using the following toll free number: +1 (833) 515-2400. We are in the process of implementing a web-based form for this purpose and, in the interim, if you do not wish to use our toll free number, please submit such requests to the email address provided in Section 12 (Contact Information). We will respond to your request within forty-five (45) days or as otherwise permitted by applicable law.
10. Feedback:We want to encourage your feedback. If you have a suggestion or concerns you would like us to address, please contact us using the contact information provided in Section 12 (Contact Information). Certain states may provide you with additional avenues for lodging complaints. Please check with your state’s consumer protection authority.
11. Third-Party Websites:Communications from Blues may contain links to websites operated by third parties. You acknowledge and agree that Blues is not responsible for the collection and use of your information by such websites that are not under our control. Blues encourages you to review the privacy policies of each website you visit.
12. Children’s Information:The Notehub is not directed to, nor does Blues knowingly collect information from, children under the age of 13 in connection with the Notehub. If you become aware that your child or any child under your care has provided information without your consent, please contact Blues immediately using the contact information provided in Section 12 (Contact Information).
14. Further Resources:If you wish further information concerning privacy policies in general, you should visit the following site: http://www.ftc.gov/privacy/index.html
16. Definitions:Capitalized terms have the meanings assigned to them below. Other capitalized terms are defined in context.
- "Blues Hardware" has the meaning provided in the Blues Hardware Terms.
- "Blues Hardware Terms" means the terms and conditions available at: Blues Hardware Terms
- "Blues Offerings" has the meaning set out in Section 1 (Blues Offerings).
- "CCPA" has the meaning set out in Section 8.2 (California Consumer Privacy Act Disclosure).
- "EU data subject" has the meaning set out in Section 7 (GDPR).
- "GDPR" has the meaning set out in Section 7 (GDPR).
- "Metadata" has the meaning set out in Section 3.2 (Information Automatically Collected by Blues).
- "Network" means, collectively, (i) the cellular network and (ii) other networks (such as a Wi-Fi network) or solutions that provide connectivity between a Notecard and a Notehub.
- "Network Information" has the meaning set out in Section 3.3 (Information Automatically Collected by the Carrier).
- "Network Provider" means the provider of the Network and associated Network services with respect to the Blues Hardware at issue.
- "Notecard" has the meaning provided in the Blues Hardware Terms.
- "Notecard-Enabled Device" has the meaning provided in the Blues Hardware Terms.
- "Notecard-Enabled IoT Solution" has the meaning provided in the Blues Hardware Terms.
- "Personal Information" has the meaning set out in the introduction.