Last update: February 11, 2022
1.1. Blues Offerings. We offer a range of hardware products and cloud-based services, each of which provides a foundation for, and assists in the development and deployment of, IoT solutions (collectively, “Blues Offerings”). Blues Offerings include Blues Hardware and the Notehub. Subscribers are able to develop, deploy, and manage Notecard-Enabled IoT Solutions via the Notehub.
4. Collection of Information.
Here are the types of information that we collect about you and how we collect it from you:
4.2. Information Automatically Collected by Blues. The information that is automatically collected by Blues varies depends on the Services you are accessing or using.
4.2.1. Information Automatically Collected by the Blues Offerings. If you are accessing of using the Blues Offerings, then the following will apply. The information automatically 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.
4.2.2. Information Automatically Collected by the Website. If you are accessing or using the Website, then the following will apply. We may automatically collect certain information from the Website, such as your Internet Protocol address, your web browser type and version, the name and version of your operating system, the pages you view on the Website, the pages you view immediately before and after you access the Website, and the search terms you enter on the Website. This information allows Blues to recognize you and personalize your experience if you return to the Website using the same computer or mobile device, and to improve the Website.
4.4. 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.
4.5. Device Identifies; Logs; Tags. We may automatically collect certain information from you, including certain technical information from your computer or mobile device when you use certain Services, such as your Internet Protocol address, your web browser type and version, the name and version of your operating system, the pages you view on the Website, the pages you view immediately before and after you access the Website, and the search terms you enter on the Website (if any). This information allows Blues to provide the Website to you, and to improve the Business Operations, the Website, and the Services.
4.8. Web Beacons and Tags. The Services may use certain data collection technologies that rely on: (i) beacons; (ii) pixel tags and object hyperlinking tags; and (iii) other means to link an object to an Internet address, a remote software application, a remote database, or other remote means of receiving or processing information. We may use these technologies to tell us what portions of the Services have been visited or to measure the effectiveness of searches that users perform via the Services. These technologies may include Google Tag Manager. We will always ask for your consent before we use these technologies to collect data that is stored on your device.
4.11. Anonymous Information. We may also collect, process, and use information that does not identify you or your devices, and which is neither stored on your device or already present on your device, including information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individuals cannot be re-identified, or (ii) anonymizing the information with techniques that remove or modify the identifying data so as to prevent re-identification of the anonymized information (collectively, "Anonymous Information"). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information.
4.12. Information We Collect from Other Sources. We may collect information about you from other sources, including our service providers and publicly available sources.
5. Use of Information.
The Section describes how, and for which purposes, we use the information that we have collected about you:
5.1. Provide the Business Operations and Services. We use your Personal Information for Business Operations. This includes, providing you with the Services you request or access, such as accessing or using the Services, creating and managing your user accounts, and communicating with you about our Services.
5.2. Analysis and Improvement. We may use your Personal Information and Anonymous Information to perform internal administration, auditing, operation, and troubleshooting in connection with Business Operations, including to evaluate and improve our Services, and to develop and test Services. For example, 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 through various methods, including (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.
5.3. Information and Notices. If you submit your Personal Information to us, we may provide you with information about Business Operations and the Services or required notices. Blues does not sell or share your Personal Information with other companies for purposes of marketing their goods or services to you. In some jurisdictions, you have the explicit right to request that we do not share your Personal Information with, or sell your Personal Information to, certain third-parties, and we will honor such requests in accordance with applicable law.
5.4 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 Business Operations and the Services, including detecting, preventing and responding to fraud, intellectual property infringement, violations of agreements with Blues or its service providers, violations of agreements with Network Providers, violations of law or other misuse of the Services. 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 Services, the integrity of the Services, your safety, or the safety of others.
5.5. 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.
5.6. Responding to Your Requests. We use your Personal Information to respond to your requests through various channels (which may include in person, email, phone, social media, and chat).
5.7. Other Purposes for Which We Seek Your Consent. We may seek for your consent to use your Personal Information for additional purposes that we communicate to you, including for advertising as set out in Section 10 (Advertising). For example, we may provide you with the ability to opt-in to mailing lists to receive news and information about our Services.
6. Sharing Information.
6.1. Third Party Service Providers. We may engage third-party service providers to perform functions on our behalf, and these may include maintaining the Services, responding to and sending email or other messages, data analysis, and other functions useful to Business Operations or the Services. Our wireless service provider that supplies cellular connectivity 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.
6.2. Consultants. We may engage attorneys, accountants, and other consultants and subject matter experts to advise and assist it in connection with the Business Operations. We will provide such consultants with access to Personal Information to the extent needed to perform their function, but will not permit them to use your Personal Information for purposes unrelated to their engagement with us.
6.5. Other Disclosure. We may disclose Personal Information about you to others: (i) if we have 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 our terms and conditions or policies; or (iv) as necessary to pursue available legal remedies or defend legal claims.
- To enable and support security features, prevent fraud, and protect your data from unauthorized access.
- To enable features and help us provide you with personalized content.
- To analyze how you use the Website and to monitor site performance. These Cookies help us to identify and fix errors, understand and improve services, research and test out different features, and monitor how you reached the Website.
7.3. Types of Cookies. We may use the following categories of cookies on our Website:
7.4. Third-Party Cookies. Blues uses the following third-party Cookies on the Website:
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8.1. Security. We have implemented reasonable measures to protect your information from unauthorized access, use or disclosure. Blues maintains administrative, technical and physical safeguards designed to protect the collected information that are appropriate to the nature, size, and complexity of our Business Operations. 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. 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.
8.2. Retention. Blues retains information (including associated Personal Information) in accordance with applicable law and accepted retention practices. We will keep your Personal Information for as long as necessary to fulfill the purposes for which we collected it, including any legal, accounting or reporting requirements. In particular:
- Personal Information that we use to provide our Website to you will generally be deleted or anonymized immediately after you leave our Website. In case of actual or suspected security incidents, we may keep some the relevant information for up to seven days in order to investigate said incidents.
- Personal Information processed in for the purpose of performing a contract will generally be kept during the term of the contract and the subsequent statute of limitation period for claims arising out of the contract.
- If there is a legal obligation to retain Personal Information, in particular for tax purposes, Personal Information will be kept for as long as required by the applicable laws.
8.3. Reviewing, Deleting, or Correcting Information. Blues is committed to empowering you to understand the information we have about you. In addition to any additional legal rights you may have that are described in Section 9.2 (United States State-Specific Notices Regarding Your Privacy Rights) and Section 9.3 (EEA-Specific Notices Regarding Your Privacy Rights), if you wish to review, correct, or request that we delete information about you (including incorrect Personal Information), you may send a written request to Blues using the contact information provided in Section 15 (Contact Information). Please understand that we may not be able to change or delete your information if the information is necessary for our Business Operations or necessary for compliance with applicable law.
9. Your Choices Regarding Your Personal Information.
9.1. Opt-Out of Marketing Communications. If you have chosen or otherwise consented to receive, bulletins, updates, or other marketing-related materials, we will provide you with the ability to decline -- or "opt out" -- of receiving such communications. instructions for opting-out will be provided if and when we determine to send you such a communication. For example, if you no longer wish to receive email messages from us, you can opt out of this Service by either (i) following the "unsubscribe" instructions located near the bottom of each email message, or (ii) contacting us as provided in Section 15 (Contact Information). Opt outs will be free of charge; however, your telecommunications provider or the postal service may charge you normal rates for sending us your opt out request. Please understand that we may continue to communicate with you in connection with administrative notices concerning any transactions, operation of the Services and legal notices.
9.2. United States State-Specific Notices Regarding Your Privacy Rights.
9.2.1. 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.
9.2.2. 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 9.2.2 (California Consumer Privacy Act Disclosure), 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 9.2.3 (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 9.2.3 (Submission of a Consumer Request). A resident's rights as to such deletion requests are set out in Section 8.2 (Retention). If you are a California resident and 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.
9.2.3. Submission of a Consumer Request. If you are a resident that wishes to submit requests to us to access or delete your Personal Information, then please use the webform available here or the email address provided in Section 15 (Contact Information). We will respond to a resident's request within forty-five (45) days or as permitted by applicable law.
9.2.4. Other California Disclosures. We do not provide a financial incentive or a price or service difference to customers in exchange for the retention or sale of their Personal Information. We may send promotions and other offers to those individuals subscribing to our marketing communications and, unless an individual has opted out of such communications, the individual will continue to receive such communications irrespective of whether a disclosure, deletion, or "Do Not Sell" request has been submitted. We do not offer financial incentives to deter customers from making such requests.
- We do not illegally discriminate against any customer for exercising their privacy rights.
- If you are a job applicant submitting Personal Information to us in connection with an application for employment, you will be provided with a privacy notice regarding how we handle such information as part of the application process.
- If you have any questions about our privacy practices in connection with the California Consumer Privacy Act, please contact Us as directed in Section 15 (Contact Information).
9.2.5. Nevada Disclosures. For Nevada residents, please note that We do not sell personal information as defined by Nevada law. You can submit a request to Us as set out in in Section 15 (Contact Information).
9.2.6. Further Resources. If you wish further information concerning privacy policies in general, you should visit the following site: www.ftc.gov/privacy/index.html.
9.3. EEA-Specific Notices Regarding Your Privacy Rights.
9.3.1. GDPR. Regulation (EU) 2016/679 (General Data Protection Regulation) ("EU GDPR") EEA, i.e., the European Union, Iceland, Liechtenstein and Norway when accessing our website or being offered products or services by us. It also applies where your data is processed by one of our Affiliates or other establishments in the EEA. Likewise, the UK General Data Protection Regulation tailored by the Data Protection Act 2018 ("UK GDPR") applies when you are located in the United Kingdom of Great Britain and Northern Ireland ("UK") under the same circumstances.
9.3.2. Representative. Blues is in the process of designating a representative in the EEA for GDPR purposes. In the meantime, please use the contact information provided in Section 15 (Contact Information).
9.3.3. Legal Basis for Processing. For purposes of the GDPR, the legal basis for the processing of your Personal Information is as follows:
- Where we use your Personal Information for Business Operations (Section 5.1 (Provide the Business Operations and Services)), the processing is generally necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract (Article 6(1)(b) of the GDPR). Where you are not our actual customer but a contact person of our customer, the legal basis our legitimate interest (Article 6(1)(f) of the GDPR) to communicate with our customer through you.
- For the use of your Personal Data to provide you with information about Business Operations and the Services (Section 5.3 (Information and Notices)), the legal basis is generally our legitimate interest (Article 6(1)(f) of the GDPR) to market our business to you. Notwithstanding, if you request more concrete information, the processing may also be necessary to take steps prior to entering into a contract (Article 6(1)(f) of the GDPR). For notices required by law, the processing of your personal data is necessary for compliance with such legal obligation (Article 6(1)(c) of the GDPR).
- The use of your Personal Information for safety and security purposes (Section 5.4 (Security)) is generally based on our legitimate interest (Article 6(1)(b) of the GDPR) in ensuring said safety and security. In some situations, there may also be a legal obligation to implement such measures (Article 6(1)(c) of the GDPR).
- In other cases where we need to comply with a legal obligation (Section 5.5 (Comply with Legal Obligations)), the processing is based on the necessity to comply with such obligation (Article 6(1)(c) of the GDPR).
- Where we use your Personal Information to communicate with you (Section 5.6 (Responding to Your Requests)), the legal basis will be one of the above depending on the purpose of such communication.
- Where we seek your consent for other purposes (Section 5.7 (Other Purposes for Which We Seek Your Consent)), the legal basis is consent (Article 6(1)(a) of the GDPR).
9.3.4. Transfers to Third Countries. We may process your Personal Information in countries outside the EEA ("Third Countries"), including in the United States. We may also disclose your Personal Data to Affiliates and third parties (Section 6 (Sharing Information)) in Third Countries.
- If we disclose Personal Information to recipients in Third Countries, we may rely on an adequacy decision of the European Commission that confirms that the laws of the Third Country in question provide for an adequate protection of Personal Information.
- For other Third Countries, we will take steps to protect your privacy and fundamental rights in accordance the GDPR, and arrange for additional safeguards. Such safeguards will typically be based on a contract that binds the recipient in the Third Country to adhere to data protection standards similar to those under the GDPR.We will usually rely on the standard contractual clauses pre-approved by the European Commission or on other clauses approved by a competent data protection authority. If available, we may also rely on so-called binding corporate rules of the recipient approved by a competent data protection authority. These safeguards will generally include you as a third-party beneficiary, allowing you to enforce the data protection standards directly against the recipient. In order to obtain a copy of the safeguards used for a recipient, you may contact us using the contact information provided in Section 15 (Contact Information).
9.3.5. Your GDPR Rights. Under the GDPR, you have the following rights in relation to your Personal Information each subject to the legal requirements set out in the respective provisions of the GDPR:
- The right to request access to information regarding our processing of your Personal Information (Article 15 of the GDPR);
- The right to obtain rectification of your Personal Information that is inaccurate (Article 16 of the GDPR);
- The right to obtain the deletion of your Personal Information (Article 17 of the GDPR), or the restriction the processing of your Personal Information (Article 18 of the GDPR);
- The right to receive a copy of your Personal Information in a structured, commonly used and machine-readable format (data portability) (Article 20 of the GDPR);
- Where processing of your Personal Information is based on your consent (Section 9.3.3 (Legal Basis for Processing)), the right to withdraw consent at any time, without affecting the lawfulness of processing based on such consent before such withdrawal;
- Where processing takes place for the purpose of direct marketing, the right to object to the use of your Personal Information (Article 21(2) of the GDPR) at any time;
- Where processing is based on our legitimate interest (Section 9.3.3 (Legal Basis for Processing)), the right to object to the use of your Personal Information on grounds relating to your particular situation (Article 21(1) of the GDPR)and any time; we may, however, continue the processing if (i) we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms; or (ii) for the establishment, exercise or defense of legal claims.
- If you wish to exercise any of your rights above, please contact us using the contact information provided in Section 15 (Contact Information). You also have the right to lodge a complaint with your local competent supervisory authority or any authority that applies to Blues.
We participate in advertising to keep our customers apprised of product offerings, Property promotions, and associated content. As further set out below, we may use the information you provided to us to provide you with advertising or promotions based on your interaction with our Business. These advertisements and promotions may be related to the Business, or to third party services and products that we think may interest you.
10.1. Our Use of Anonymous Data for Advertising. Like many companies, we utilize targeted banners and ads and may display these to you when you are on other websites and mobile applications. We do this using a variety of digital marketing networks and ad exchanges in addition to using a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks. The banners and ads that you may see displayed will be based on information we hold about you, such as your previous use of our Services. This may include your search history on our Services, the content you accessed or read using the Services, or on our banners or ads you have previously clicked on.
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 15 (Contact Information). Certain states may provide you with additional avenues for lodging complaints. Please check with your state's consumer protection authority.
12. Third-Party Websites and Platforms.
Communications from Blues may contain links to websites and platforms operated by third parties. You acknowledge and agree that Blues is not responsible for the collection and use of your information by such websites or platforms that are not under our control. We encourage you to review the privacy policies of each website and platform you visit or access so you understand such website operator's privacy practices.
14. 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 15 (Contact Information).
15. Contact Information.
Capitalized terms have the meanings assigned to them below. Other capitalized terms are defined in context.
18.1. "Blues Hardware" has the meaning provided in the Blues Hardware Terms.
18.2. "Blues Hardware Terms" means the terms and conditions available at: https://shop.blues.io/pages/hardware-terms.
18.3. "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.
18.4. "Network Provider" means the provider of the Network and associated Network services with respect to the Blues Hardware at issue.
18.5. "Notecard" has the meaning provided in the Blues Hardware Terms.
18.6. "Notecard-Enabled Device" has the meaning provided in the Blues Hardware Terms.
18.7. "Notecard-Enabled IoT Solution" has the meaning provided in the Blues Hardware Terms.