Privacy Policy

Privacy Policy; Your California Privacy Rights

Updated: February 17, 2013

Blue Octy LLC (" Blue Octy ", " us " or " we ") respects the privacy of the visitors to its Website, the home page of which is located at http://www.chumby.com (" Website "). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of any Personal Information and Anonymous Information you submit to us through our Website and Services. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms set forth in the Terms of Use for the chumby Services that you can find here: http://www.chumby.com/terms

" Personal Information " is information about you that is personally identifiable to you like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with the foregoing.

" Anonymous Information " means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons. We collect and use Personal Information and Anonymous Information as described in this Privacy Policy.

Notice to California Residents - Your California Privacy Rights (As Provided by California Civil Code section 1798.83).

A California resident who has provided Personal Information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a " California Customer ") may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide (a) a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as (b) a list of the categories of Personal Information that were disclosed. California Customers may make such request and request further information about our compliance with this law by e-mailing support@chumby.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

User Consent

By submitting Personal Information through our Website, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy.

YOUR PERSONAL INFORMATION MAY BE PROCESSED BY BLUEOCTY IN THE COUNTRY WHERE IT WAS COLLECTED AS WELL AS OTHER COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

Collection of Personal Information

The Personal Information we gather from you helps us learn about the Registered Users, Visitors, and potential users of our Services, to respond to requests you may have, and to process orders for chumby Online Store Items. We use this information to better tailor the features, performance and support of the chumby Device, Virtual chumby, and our Services, and to offer you additional information and opportunities.

Personal Information You Provide to Us

We collect Personal Information that you submit to us voluntarily through our Website. The types of Personal Information we collect are:

  • When you sign up to receive the chumby newsletter, we will collect the e-mail address you provide to us.
  • When you register on the Website to become a Registered User, we will collect your name, a username and password that you have chosen, your e-mail address, and, if you register your chumby Device, the serial number of such device. We will also maintain a list of Application configurations for the chumby Device or Virtual chumby that you have registered and we may collect other information from you, such as your birthday or zip code, to provide additional services to you through Applications that you use on your chumby Device or Virtual chumby.
  • When you register for any of our subscription services, we will collect your name and full billing address, your username, and all the information to receive your payment of the respective fees, such as a complete set of credit card information.
  • When you purchase chumby Online Store Items or Applications using the chumby Online Store, we will collect your name, full billing and shipping addresses, and telephone numbers, and all the necessary information to receive the payment that you make to us, such as, but not limited to, credit card information.
  • When you return an item that you have ordered from us, such as, but not limited to, a chumby Online Store Item, we will collect your name, e-mail address, telephone number and zip code and the number of such item you want to return, the reason for your return as well as any comments and additional information you provide in the return request.
  • When you enter any information, including Personal Information, into any postings or comments within the chumby Network, or any chumby user forums, we will collect such information and this information might be publicly available, or available for all members of the chumby Network, depending on how and where this information was posted by you (see Use of Information below).
  • When you set up friends list, we will collect the usernames of the Registered Users you select to be on your friends list. Your friends list will only be visible to you.
  • If you set up a Virtual chumby, information about the configuration of your chumby Device or the Virtual chumby is collected by us.
  • When you leave us feedback using the chumby feedback form, we will collect any information that is contained in your feedback.
  • When you contact us by sending us an e-mail, we will collect your e-mail address and any information contained in the e-mail you send us.

Your Registered User Account that you create when you register on our Website to become a Registered User contains Personal Information such as your username, e-mail address and password. The username is visible to other members of the chumby Network if you allow your username to be publicly shown when you create your Registered User Account.

Personal Information Collected Via Technology

As you navigate our Website, certain information may also be collected passively, including your Internet protocol address, browser type, and operating system. We also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the information for which you searched and viewed. This type of information is collected to better understand how you use our community and make the community and services we provide more useful to you.

When you access the Services with your chumby Device or Virtual chumby, the chumby Device or Virtual chumby will provide and the Services will collect information about your chumby Device or Virtual chumby, such as, but not limited to, the Applications that are on your chumby Device or Virtual chumby, the configuration of such Applications, the exchange of data between the Services and the chumby Device or Virtual chumby and the performance of such exchange, and any events or problems that may occur while using your chumby Device or Virtual chumby with or without the Services (e.g. error codes and messages, losses of connection, crashes and/or freezes and the like). We may associate such information with other information (including Personal Information) we have collected from you.

Depending on the Applications you may use on your chumby Device or Virtual chumby and how you use such Applications, the Services may also store parts of the data that you access with your chumby Device or Virtual chumby for a limited amount of time and/or transactional data that you have entered for authorization purposes.

An " Internet protocol address " or " IP Address " is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session cookies to analyze our web page flow.

" Cookies " are small pieces of information that a web site sends to your computer's hard drive while you are viewing a web site. Blue Octy may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Website. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the Website may not work properly.

Blue Octy may also contract with third parties in order to promote the products and/or services of these third parties by placing ads on the Website or providing it through the Services. We may use information that was posted by Registered Users, or information (including Personal Information) that was collected by the Services in connection with your use of the chumby Device or Virtual chumby as described above, to tailor the display of ads or the provision of Applications to the interest of the Registered Users. Clicking on such ads or selecting them otherwise, or using the Applications that contain the ads, may direct you to the website of the third party and the third party may also use Cookies in connection with these ads. Please be advised that Blue Octy is not responsible for these other websites or any content on these other websites and that this Privacy Policy does not govern your visit of these other websites.

Personal Information We Receive From Other Sources

We may receive Personal Information about you from other sources like telephone or fax, or from third parties that provide services for us in connection with the Services and community.

We may receive Personal Information and/or Anonymous Information about you from certain third parties that provide our products or services by way of co-branded or private-labeled products or services (" Third Parties ”, “ Third Party Products ”, and “ Third Party Services ”, respectively). If you use a Third Party Product or Third Party Service, then the applicable Third Party may supply us with your Personal Information and/or Anonymous Information in connection with your use of such Third Party Product or Third Party Service.

We may add all of the above information to the information we have already collected from you via our Website in order to improve the Services we provide and our community.

Use of Information

In general, Personal Information you submit to us is used by us to register your chumby Device, create a Virtual chumby, sign you up for our Services, respond to requests that you make, fulfill orders for chumby Online Store Items you make using the chumby Online Store, or to improve our products and Services. We may also use your Personal Information to provide you with electronic newsletters or promotional e-mails regarding changes and upgrades to the chumby Devices or Virtual chumby and our Services, should you request to receive such communications from us.

We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We may use this Anonymous Information to analyze usage patterns so that we may enhance the chumby Device, Virtual chumby, and our Services. Blue Octy reserves the right to use and disclose Anonymous Information to third parties in its discretion.

We will connect information (including Personal Information) that you enter into your Registered User Account with the information you may have entered when using the chumby Online Store by using the serial number of your chumby Device.

One idea behind the chumby Device, Virtual chumby, and Services is that the members of our network share information and knowledge regarding the chumby Device, Virtual chumby, and Applications. Therefore, you should assume that any information that you enter or post on the Website (not including the information in your Registered User Account, with the exception of your username), may be openly shared throughout the Services with other Registered Users and may also be available to people outside the chumby Network. Please be aware that if you enter any Personal Information into publicly available sections of the Website, this information will be displayed to anyone who has access to these sections. These publicly available sections of the Website include, without limitation, the user forum, any public folder and wikis within the Website, and even posts and comments of other Registered Users, if these posts and comments can be accessed by any member without limitations.

Please be also aware that Applications may share Personal Information that you enter when using them with other Registered Users. Please choose the Personal Information you enter into such Applications accordingly. The same applies to Virtual chumbys that you may set up on a website: Since a "Virtual chumby" is a virtual representation of a chumby Device that you can set up for others to access, any Personal Information that might be displayed on the Virtual chumby will be seen by other Registered Users that can access it - please be aware of this fact and be careful when setting up Virtual chumbys.

If your Registered User Account is a sub-account of another Registered User Account (an " Owned chumby Account "), the Registered User of such Registered User Account will be able to access your Registered User Account and all information stored therein and will be able to modify such information.

Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we will not associate such feedback with your Personal Information. chumby will collect any information contained in such communication and will treat the Personal Information in such communication in accordance with this Privacy Policy.

Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties, unless you ask or separately authorize us to do so.

We provide your Personal Information to third party service providers who work on behalf of or with Blue Octy to provide some of the services and features of the Services (such as, but not limited to, the fulfillment of orders made in the chumby Online Store) and to help us communicate with the members of the chumby Network. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).

Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, " Affiliates "), we may in the future. We may share some or all of your Personal Information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.

If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Blue Octy; or (b) to protect and defend the rights or property of Blue Octy, any users of and visitors to our Website, or third parties.

If you use a Third Party Product or Third Party Service, then we may supply the applicable Third Party with your Personal Information and/or Anonymous Information in connection with your use of such Third Party Product or Third Party Service. Because we do not control the privacy practices of Third Parties, you should read and understand their privacy policies.

Your Choices Regarding Your Personal Information

We offer you choices regarding the collection, use and sharing of your Personal Information. When you receive newsletters or promotional e-mails from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).

Despite your indicated e-mail preferences, we may send you administrative e-mails regarding our Services and products (such as, but not limited to, status e-mails in connection with purchases you make through the chumby Online Store) or notices of any updates to our Terms of Use or Privacy Policy. If you do not want to receive such e-mails, you have to delete your Registered User Account with us or refrain from ordering through the chumby Online Store.

You may change any of the Personal Information in your account by editing your Registered User Account.

Regarding Children

We do not intentionally gather Personal Information about visitors who are under the age of 13.

Other Sites

Our provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other websites or locations or their contents. Links to other websites or locations may also be posted by other Registered Users within the chumby Network. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Security

We use reasonable measures to maintain the security of your Personal Information. However, no company, including chumby, can fully eliminate security risks associated with Personal Information.

Contact Us

Should you have any questions or concerns regarding this Privacy Policy, please contact us at privacy@chumby.com.

Privacy Policy Updates

This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page. If you object to any such changes, you must cease using our Services. Continued use of our Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Updated: February 2013