Privacy Policy

Last updated: November 20, 2020

This Website Privacy Policy (this “Website Privacy Policy”) describes the ways in which Blues Inc. and its affiliates and subsidiaries (collectively, “Blues,” “we,” “our,” and “us”) collect and use your information, including Personal Information, in relation to your use of the Blues public-facing website (located at Blues.io as well as other Blues website that link to this Website Privacy Policy (collectively, the “Public Website”)). We use the term “Personal Information” to mean any information that identifies you as an individual or is otherwise defined as personal information (or similar) under applicable law.

 

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”). Our Public Website provides information concerning Blues Offerings. It does not provide you access to functionalities available via our Blues Offerings.

2. This Website Privacy Policy

  • - Application of this Website Privacy Policy: Except as set out in Section 2.2 (Exclusions from this Website Privacy Policy), this Website Privacy Policy applies to users during their interactions with our Public Website (collectively, “you”). If you are an employee of an entity that uses Public Website, then this Website Privacy Policy applies to you in your capacity as a representative of such entity and, in turn, to that entity.

  • - Exclusions from this Website Privacy Policy: This Website Privacy Policy does not apply to Blues Offerings.

  • - Your Consent: You consent to this Website Privacy Policy by using the Public Website.

  • - Changes to this Website Privacy Policy: We reserve the right to revise this Website Privacy Policy from time to time, and will revise this Website Privacy Policy, for example, to comply with changes in applicable law. If we make material revisions to this Website Privacy Policy, we will notify you by email, by posting a notice on the Public Website, or by another appropriate method. Your continued use of the Public Website will constitute your acceptance of the revised Website Privacy Policy.

3. Collection of Information

We collect your information, including PersonalInformation, in the course of making the Public Website available to you. Here arethe three ways that we collect your information:

  • - Information that You Provide: We collect information that you provide to us when you interact with us via the Public Website. Information that you may provide includes your name, title, company name, mailing address, and email address if you, for example, fill out a “contact us” page. Blues also collects information that you provide by electronic mail, telephone, or other means, all of which are subject to this Website Privacy Policy if related to your use of the Public Website.

  • - Automatically Collected Information: We may automatically collect certain information from the Public 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 Public Website, the pages you view immediately before and after you access the Public Website, and the search terms you enter on the Public Website. This information allows Blues to recognize you and personalize your experience if you return to the Public Website using the same computer or mobile device, and to improve the Public Website.

  • - Cookies: We may collect certain information using “cookies,” which are small text files that the Public Website saves on your computer or mobile device, or similar technologies that allow us to recognize your computer or mobile device. You can disable cookies in your browser settings, but doing so may affect the functionality of the Public Website. For further information, see the Cookie Website Privacy Policy in Section 7 (Cookie Website Privacy Policy) below.

  • - Web Beacons: We may also collect information using “web beacons,” which are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular website tied to the web beacon, and a description of a website tied to the web beacon or using unique links that can distinguish when individual users click the link. Web beacons and unique links, alone or in conjunction with cookies, may help Blues compile information about your interactions with electronic mail sent to you in connection with the Public Website.

  • - User-Generated Content: The Public Website 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 Public Website, and other input (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.

  • - Information We Collect from Other Sources: We may collect information about you from other sources, including Providers and publicly available sources.

4. Use of Information

We use your Personal Information to provide, operate, and improve the Public Website and other Blues Offerings, including, for the following purposes:

  • - Provide the Public Website: We use your Personal Information to provide you with and deliver the Public Website.

  • - Analysis and Improvement: We use your Personal Information for improving, measuring use of, analyzing performance of, fixing errors in, providing support for, and developing the Public Website, including by (i) combining or aggregating any of the information collected through the Public Website, other Blues Offerings, or elsewhere for generating and analyzing statistics about your use of the Public Website and user demographics and traffic patterns, 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 Public Website or required notices. In addition, we may use collected information for delivering marketing communications that we believe may be of interest to you, including those about Blues Offerings. 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 Public Website.

  • - 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 Public Website, including detecting, preventing and responding to fraud, intellectual property infringement, violations of agreements with Blues or Providers, violations of law or other misuse of the Blues Offerings. 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 Public Website, the integrity of the Public Website, 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 Public Website through various channels (such as email, phone, and chat).

  • - Other Purposes for Which we Seek Your Consent: We may seek for your consent to use your Personal Information for a purpose that we communicate to you.

5. Sharing Information

Although your information is important to our business, we are not in the business of selling your Personal Information. We share Personal Information as described below and between our affiliates. In all cases, we take reasonable efforts to ensure that any entity with which we share your Personal Information has privacy practices at least as protective as those in this Website Privacy Policy and applicable law.

  • - Third Party Service Providers: We may engage third party service providers to perform functions on our behalf, and these may include maintaining the Public Website, collecting information, responding to and sending email or other messages, data analysis, and other functions useful to our business. 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 Public Website and our business. Blues does not permit these consultants to use your Personal Information for purposes unrelated to their engagement with us.

  • - Business Transfer: Blues may also transfer your Personal Information to an affiliate or third party in the event of any reorganization, merger, acquisition or sale, joint venture, assignment, transfer or other disposition of all or any portion of Blues’ business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that Blues transfers Personal Information to will not be permitted to process your Personal Information other than as described in this Website Privacy Policy without providing you notice and, if required by applicable laws, obtaining your consent.

  • - 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 terms and conditions or policies; or (iv) as necessary to pursue available legal remedies or defend legal claims.

6. Storage

  • - Jurisdiction: Information collected will be stored in, processed in and subject to the laws of the United States, which may not provide the same level of protection for your information as your home country, and may be available to the United States government or its agencies under a lawful order issued in the United States. By accepting this Website Privacy Policy, you consent to such transfer to, storage in and processing within the United States.

  • - Security: We have implemented reasonable measures to protect your information from unauthorized access, use or disclosure. The Public Website and its operators maintain administrative, technical and physical safeguards designed to protect the collected information. For example, all information you transmit to the Public Website is encrypted using Transport Layer Security technology (TLS). However, no information or communication system can be 100% secure, so Blues cannot guarantee the absolute security of your information. In addition, 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 13 (Contact Information). Please understand that we will not change or delete information if the information is necessary for the Public Website, or necessary for compliance with applicable law. Please note that Blues may be unable to collect information that is controlled by a Provider. Blues also collects and retains information through the Public Website in an anonymized form, for example, tracking the pages you visit and how long was spent on each page.

This section provides Blues’ cookie policy (“Cookie Policy”) and describes how Blues uses Cookies (as defined below) and similar technologies.

  • - Cookies: Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a page. Blues uses cookies, web beacons and similar technologies (“Cookies”) to enhance your user experience, understand your usage of the Public Website and to perform analytics. Cookies may also be set by other websites or services that run content on the page you are visiting. The provision of your data via Cookies is voluntary except for those Cookies that Blues places on your device that are necessary for the performance of the Public Website. Blues uses “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on your device until you leave the Public Website. A persistent Cookie may remain on your device for much longer until you manually delete it.

  • - Use: Cookies can contain the following information about you and your use of the Public Website: browser type, search preferences, data relating to which pages of the Public Website that you have visited and the date and time of your use. Blues uses Cookies for the following purposes:

    • – 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 Public 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 Public Website.

      • Third-Party Cookies: Blues uses the following third-party Cookies on the Public Website: ajs_anonymous_id
        Opting Out: You can control and/or delete cookies as you wish – for details, see https://www.aboutcookies.org/ . You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work as intended by Blues.
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 submitted using the Public Website, Blues is the data controller, as defined under GDPR, for all other information, including information submitted using services or products offered by a Provider, 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 9 (Notice of Privacy Rights to California Residents) apply if you are a California resident. If you submit a request to a Provider that is related to your privacy rights as a California resident, then we will cooperate with such 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 9.3 (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 9.3 (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: We are in the process of implementing a web-based form and toll-free number for residents to submit requests to us to access or delete their Personal Information. In the interim, please submit such requests to the email address provided in Section 13 (Contact Information). We will respond to a resident’s request within forty-five (45) days or as 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 13 (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

The Public Website and 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 Blues’ control. Blues encourages you to review the privacy policies of each website you visit.

12. Children’s Information

The Public Website is not directed to, nor does Blues knowingly collect information from, children under the age of 13 in connection with the Public Website. 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 13 (Contact Information).

13. Contact Information

If you have any questions about this Website Privacy Policy or the collection or use of information about you, please contact Blues using the following information: support@blues.com .

14. Do Not Track Notice

The Public Website does not change its behavior when receiving “Do Not Track” signals from browser software.

15. 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. Translations

These Terms may be translated into languages other than English (collectively, “Translations”). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.

17. Effective Date

The effective date of this Website Privacy Policy is November 20, 2020.