Privacy Policy

We are sensitive to the private nature of the information that you, our channel partners, end-users and prospective end-user customers provide to us. This Privacy Policy states our privacy practices for your use of (i) this website and any other websites or mobile sites or applications operated by PC Open Incorporated d/b/a OpenEye including openeye.net and the OpenEye Web Services (the " User Interfaces") and (ii) any combination of products and services we provide or that can be purchased or accessed via any User Interface (the " Services"). It is our goal to make your experience with OpenEye a safe and positive one.

If you reside in California, please also see the section below called California Consumer Privacy Act (CCPA) Rights.

This Privacy Policy explains our policy regarding the collection, use, disclosure and transfer of certain information, including your Personal Information, by OpenEye.

OpenEye's Services are typically provided by our licensed dealers and channel partners. If you are a customer of a dealer or channel partner, your information will be processed by OpenEye acting as a data processor or service provider and your dealer or our channel partner will remain responsible for the handling of any Personal Information that it collects from you and for compliance with any applicable data protection and/or privacy laws.

Please note that this Privacy Policy includes embedded hyperlinks that may only be accessed through our User Interfaces. If you are reviewing this Privacy Policy from a device that does not allow these links to be opened, you will need to visit https://ows.openeye.net/legal/privacy to review these hyperlinked terms.

Collection of Information

OpenEye collects and stores certain Personal Information from or about you that can be used to uniquely contact, identify, or locate you (" Personal Information").

We receive and store information that includes Personal Information about you such as:

  • Personal Information you provide us: We collect information that you provide to us. Examples may include:
    • your name, email address, address or postal code, payment method and telephone number. We collect this information in a number of ways, including when you enter it while using our Services, interact with our customer service, or participate in surveys or marketing promotions; and
    • information collected when you set preferences in Your Account or otherwise provide information to us through our Services or elsewhere; and
    • information collected from the OpenEye Web Services-ready devices, as further detailed below, including alerts and related information, images, health related data, all other related information.
  • Information we and our third party providers collect automatically: We and our third party providers collect information, which may include Personal Information, regarding you and your interactions with us, your use of our Services, applications, sites, tools, and customer service, as well as information regarding your computer or other device used to access our Services. This information that we and our third party providers collect may include:
    • your activity using OpenEye Services and our other sites and social media pages (such as our YouTube channel), such as pages and videos viewed and features frequently used; and
    • details regarding your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and at times the recorded audio of the conversation; and
    • device IDs or unique identifiers, device and software characteristics (such as type and configuration), connection information, statistics on page views, referral URLs, IP address and standard web log information; and
    • pursuant to your use of the User Interfaces or Services using your personal device, certain information may be collected by automated means, such as cookies, web beacons, and other technologies. Cookies are small data files that are commonly stored on your device when you browse and use our Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer or mobile device until you delete them) to provide you with a more personal and interactive experience when using the Services. They are widely used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with advertising personalization. Visit https://ows.openeye.net/legal/cookies for more information on cookie usage.
  • Information from other sources: We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers. Such supplemental information may include geographic data and Internet browsing behavior. We may use this supplemented information for purposes that are consistent with this Privacy Policy, such as: analyzing and understanding our current, former and potential users; improving our Services (including our UI experiences); as well as protecting us and our users from fraud and unauthorized access.

Location-Based Information

Some features of our Services use location information. This location information may include your current location or places you have recently visited. We also may aggregate this information for OpenEye's internal purposes and to provide information requested by you. If you do not wish for us to collect and store this information, do not enable these features.

Video and Audio Data

Some features of the Services may be used to record, store, view and process video and/or audio recordings. This may include capturing and sending you portions of this data as part of a notification or analyzing the data to identify motion or other events. In addition, if you have the recording features enabled, we will capture, process and store video and audio data recordings from your device and you may be able to access those recordings.

Data protection and privacy laws in your country may impose certain responsibilities on you and your use of security cameras and other devices with recording capabilities. You (not OpenEye) are responsible for ensuring that you comply with any applicable laws. For example, you may need to display a notice that alerts visitors to your business that they may be recorded using security cameras and other devices with recording capabilities. OpenEye takes no responsibility for your compliance with these laws.

Use of Information

We use the information collected through the User Interfaces and in connection with the Services, including Personal Information, that we collect to provide, analyze, administer, enhance and personalize our Services and marketing efforts for you and others, including to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we may use the information that we collect for purposes such as sending you e-mails, push notifications or other correspondence concerning the Services, including health alerts for devices connected to the Services, messages about new features of the OpenEye Web Services, and customer satisfaction surveys.

We also may use information on an aggregated or deidentified basis. For example, we use alert-based information to understand how to better improve the OpenEye Web Services-ready devices.

Disclosure of Information

Your Personal Information may be disclosed to the following:

  • Service Providers: We use other companies, agents or contractors (" Service Providers") to perform services on our behalf or to assist us with the provision of Services. For example, we may engage Service Providers to provide infrastructure and IT services, to optimize the Services, to process and limit fraud in connection with credit card transactions or other payment methods, and to analyze and enhance data (including data about users' interactions with our Service). In the course of providing such services, these Service Providers may have access to your Personal Information and other information. We do not authorize them to use or disclose your Personal Information except in connection with providing their services to us.
  • Opt-In Services: OpenEye may share information with third-party services when you direct us to do so. Certain integrations such as Alarm Monitoring, Single Sign On and other similar services can be enabled by you or your account administrator to receive data from OpenEye. These services can be enabled or disabled at any time in the account settings.
  • Affiliates: if you become a customer of one of our affiliates' service providers or dealers, we may share your Personal Information with such affiliates in order to provide you with the services that you obtain from such affiliates through their service providers or dealers.
  • To market our Services: if you are an existing user of the Services, we may share your Personal Information to provide notifications of additional products or Services that may be of interest to you. Other third parties may receive information from us or collect information on our behalf, and use that information to serve and measure advertising. For example, our advertising partners may place cookies on unaffiliated websites in order to serve advertisements that may be relevant to you based on your browsing and viewing activities and interests and determine the effectiveness of such advertisements. We also use tracking tools provided by Google to allow us to understand and measure how you interact with our ads and User Interfaces. With Google, we sync that information with our customer relationship management databases (offline conversion tracking).
  • Protection of the Services and others: OpenEye and its Service Providers may disclose and otherwise use your Personal Information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request (including in response to valid requests by public authorities (e.g., a court or a government agency)), (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of the Services, its users or the public, as required or permitted by law.
  • Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we reserve the right to transfer information, including Personal Information, provided that the receiving party agrees to respect your Personal Information in a manner that is consistent with our Privacy Policy.
  • Aggregate or anonymous information: We may provide analysis of and information from or about our users in the aggregate or otherwise in deidentified form to partners, Service Providers, affiliates and other third parties.

Google Analytics

We use Google Analytics, a web analysis service provided by Google, to better understand your use of the User Interfaces and how we can improve them. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other directly identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google Analytics uses its cookie(s) and the information Google Analytics collects to track your online activities over time and across different websites when you use our User Interfaces, and other websites. Google's ability to use and share information collected by Google Analytics about your visits to the User Interfaces is governed by the Google Analytics Terms of Service and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities, and share them with other Google services. To more fully understand how Google may use the data it collects on the Website, please review "How Google Uses Information From Sites or Apps That Use Our Services" (located here).

YouTube API Services

We use YouTube API Services and maintain a YouTube channel to deliver videos and collect information about how you interact with our Services. When you use YouTube (whether through the YouTube API Services or otherwise), such use or access is governed by YouTube's Terms of Service. Also, data obtained from the YouTube API Services is subject to the Google Privacy Policy at http://www.google.com/policies/privacy.

We use information obtained from the YouTube API Services to provide features of our User Interfaces and/or Services. For example, we and our third party service providers, use cookies and other online information to inform, optimize and serve ads based on your past visits to our Services. For example, these cookies can be used to personalize suggestions for recommended content to be served, to confirm if advertisements have been clicked on, and to track what external content (e.g. YouTube videos) have been viewed.

If you have authorized us to access your data via the YouTube API Services, then in addition to our normal procedure for deleting your data, you may revoke our access to your data via the Google security settings page, located at: https://security.google.com/settings/security/permissions.

Data Retention

We will retain Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. For information collected by third parties, their retention of information is subject to those third parties' privacy policies. You may revoke your consent at any time. When this occurs, your Personal Information will be deleted unless it is necessary for legal, billing and/or accounting purposes.

Your Choices

If you no longer want to receive certain communications from us via email, simply unsubscribe by using the unsubscribe options on the email. Please note that you cannot unsubscribe from certain correspondence from us, such as messages relating to your account transactions.

You can opt-in to receive device related push notifications from OpenEye. These include reports, health information and other similar information. If you subsequently decide you no longer wish to receive these notifications, you can edit these notifications from the User Notifications section on the User Interfaces.

If you wish to withdraw your consent altogether for OpenEye Web Services, you may do so by first logging in and then visiting the User Preferences page. From there, you can adjust your privacy settings.

In order to provide you with ease of access to your account on various OpenEye websites and applications, we implement technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the websites or applications. You can choose not to take advantage of this feature on your computer by unchecking the box "Remember me" when you log in. To remove access to your OpenEye account from your devices contact, the device manufacturer for specific instructions. You are responsible for maintaining the confidentiality of your account access information and for restricting access to your computer or device through which you access your OpenEye account. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or OpenEye Web Services-ready device, you should log-out and deactivate the device before doing so. If you do not maintain the security of your password or device, or fail to log out or deactivate your device, subsequent users may be able to access your account, including your Personal Information.

Utilizing our User Interfaces from Outside of the United States

If you are utilizing our User Interfaces from outside the United States, please be aware that your Personal Information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. Our offices and data centers are located in the United States, so some of your Personal Information will be transferred to the United States in connection with your use of the Services.

OpenEye uses legally permitted mechanisms to effect international data transfers, including, without limitation, the European Commission-approved "Standard Contractual Clauses" or "Model Clauses" for the transfer of Personal Information from the European Economic Area (" EEA") to the United States.

Right and Choices about Your Information

If you are an existing or potential end-user of the Services and have provided Personal Information directly to us, you may request to correct or delete your Personal Information by contacting us at privacy@openeye.net.

If you are an existing or potential end-user of the Services, you may update and access information about your account, including your contact information and your communication preferences in the "User Preferences" portion of our website. You must be signed in to access "User Preferences."

You may also request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, email privacy@openeye.net or write to us at the address listed at the end of this policy.

Right to Withdraw Consent

Where we have collected your consent to process your Personal Information, you may withdraw your consent at any time. To do this, log in to your OpenEye Web Services account and edit your privacy settings from the User Preferences page. At the time your consent is withdrawn, your account may be closed.

Privacy Shield

OpenEye complies with and is certified under the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework(s) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union and Switzerland to the United States. OpenEye has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. For clarity, however, OpenEye does not rely on the Privacy Shield program for data transfers outside of the EEA, the United Kingdom or Switzerland. Instead, we rely on legally-provided mechanisms to lawfully transfer personal data across borders, including, without limitation, the European Commission-approved "Standard Contractual Clauses" or "Model Clauses." OpenEye's Privacy Shield compliance is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Right to Lodge a Complaint

In compliance with the Privacy Shield Principles, OpenEye commits to resolve complaints about our collection or use of your Personal Information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact OpenEye:

You have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. Refer to Annex I for additional information: https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

OpenEye has committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit JAMS (https://www.jamsadr.com/eu-us-privacy-shield) for more information or to file a complaint. The services of JAMS are provided at no cost to you.

California Residents' Rights

If you are a California resident and a "consumer" (as defined under the California Consumer Privacy Act (" CCPA")), then the CCPA may provide you with specific rights regarding your "personal information" (as defined in the CCPA).

You have the right to request that businesses subject to the CCPA (which may include your dealer or our channel partner) disclose certain information to you about their collection and use of your personal information over the past 12 months. In addition, you have the right to ask such businesses to delete personal information collected about you, subject to certain exceptions. You also have the right to opt out of a business selling or sharing your Personal Information. You may ask a business to limit its use of your sensitive Personal Information (e.g., biometric information or ethnicity), but know that OpenEye doesn't use your sensitive Personal Information in a manner subject to that right. If you choose to exercise your rights, you also have the right not to be discriminated against and should not be charged different prices or provided different quality of services.

End Users of the Services

For end-users of the Services, OpenEye acts as a "service provider" under the CCPA and our receipt and collection of any consumer personal information is done on behalf of our dealers and channel partners in order for us to provide the Services. We do not sell personal information to third parties as part of the Services. We may allow third parties to collect personal information through our services and share personal information with third parties for the business purposes described in this Privacy Policy.

You can exercise your applicable CCPA rights by contacting your dealer or our channel partner. Where we act as a business rather than a service provider under the CCPA, you can exercise your CCPA rights by contacting us at privacy@openeye.netor by mailing us at the address provided below.

If you contact OpenEye with a CCPA request directly, we may forward your request to the dealer or our channel partner with which you directly interact, as appropriate. Please note that the CCPA requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We may need more information when we receive your request before taking further action.

Business Contacts and Website Visitors

Sometimes we collect Personal Information when you're acting on behalf of a company (e.g., as an employee, agent, or contractor) or otherwise interact with OpenEye directly (e.g., visiting the OPENEYE website).

Information we collect (Categories, Purposes, Sources)

We collect these categories of Personal Information:

  • Identifiers ?" such as name, postal address, email address, or account name.
  • Unique and online identifiers ?" such as internet protocol address or device IDs.
  • Commercial information ?" such as records of products or services purchased.
  • Demographic information ?" such as gender, age, income levels, and language preferences.
  • Internet or other electronic network activity information ?" such as browsing history, search history and information regarding an individual's interaction with an internet website, application, or advertisement.
  • Professional or educational information.
  • Location information.
  • Online viewing activities (e.g., videos viewed, pages viewed).
  • Inferences, such as preferences and behaviors.

We collect the above categories of Personal Information for the following purposes:

  • Performing our Services.
  • Auditing customer transactions.
  • Fraud prevention and authentication/ID verification.
  • Debugging errors in systems.
  • Marketing and advertising.
  • Internal research, analytics and development ?" e.g., user-preference analytics.
  • Developing, maintaining, provisioning or upgrading networks, services or devices.

We collect the above categories of Personal Information from the following sources:

  • Directly from you.
  • Automatically generated information ?" such as through the website or the Services
  • Your employer.
  • From other companies, such as marketing services.

We retain the Personal Information that we collect to achieve the purposes for which the Personal Information was collected. In certain cases, we may need to retain Personal Information for purposes required under applicable law, for tax, accounting, or audit purposes, or for other purposes permitted or required under law.

Disclosures of Personal Information

We may have disclosed each of the above categories of Personal Information with the following categories of third parties who perform services on our behalf:

  • Product and services delivery companies.
  • Marketing services companies.
  • Cloud storage companies.
  • Credit reporting agencies.
  • Billing and payment processing companies.
  • Fraud prevention and authentication/identity verification entities.
  • Analytics companies.

We may allow certain third parties (such as online advertising services) to collect your Personal Information via automated technologies. We share the categories of Personal Information listed below for the business and commercial purposes of online advertising and to provide third-party social network features and functionality.

You have the right to opt out of this disclosure of your information, which may be considered a "sale" or "sharing" under California law. You may opt out of "sharing" or "selling" by setting a browser-level opt-out, the Global Privacy Control, sent by California consumers. You may learn how to set that signal by going to this website: https://globalprivacycontrol.org/.

As described above, we do not directly disclose your Personal Information with third parties for monetary consideration. Our "selling" or "sharing" is instead confined to the context of online tracking, and so we may have "sold" or "shared" the following categories of Personal Information:

Category of Personal Information Category of Third Party
Identifiers Advertising networks, data analytics providers, social networks
Commercial Information Advertising networks, data analytics providers, social networks
Online Activity Advertising networks, data analytics providers, social networks

We do not knowingly sell or share the Personal Information of minors under 16 years of age.

How to exercise your CCPA rights

You can exercise any of your CCPA rights described in this section by contacting us at privacy@openeye.net. We may need to collect additional information about your previous interactions with OpenEye to verify your identity. You may designate an authorized agent to submit requests on your behalf. To submit a request as an authorized agent on behalf of a consumer, please contact us at privacy@openeye.net.

Virginia Residents Only

Under Virginia's privacy law, the Virginia Consumer Data Protection Act, OpenEye acts as a data processor and the dealer or channel partner will remain responsible for the handling of any Personal Information it collects from you. You should refer to the dealer or channel partner's privacy notice for more information on their privacy practices or to exercise a right under the Virginia Consumer Data Protection Act.

Do Not Track Requests

OpenEye responds to the Global Privacy Control, as described above. With respect to a different preference signal called Do not Track browser requests, Certain state laws require that we indicate whether we honor "Do Not Track" settings in your browser concerning targeted advertising. wWe adhere to the standards set out in this Privacy Policy and do not monitor or follow any Do Not Track browser requests.

Children's Privacy Statement

The Services are intended for a general audience and are not intended for use or view by children under 13 years of age without parental consent, and we do not knowingly collect information about children or sell products to children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.

Linked-Content

For your convenience, some hyperlinks may be posted on the OpenEye User Interfaces that link to other websites not under OpenEye's control. OpenEye is not responsible for, and this Privacy Policy does not apply to, the privacy practices of those sites or of any companies that OpenEye does not own or control. OpenEye does not endorse any of these websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages. OpenEye encourages you to seek out and read the privacy policy of each website that you visit. In addition, should you happen to initiate a transaction on a website linked to the OpenEye User Interfaces, even if you reached that site through the OpenEye User Interfaces, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of that linked website. You should read that website's privacy policies to understand how Personal Information that is collected about you is used and protected.

Security

OpenEye has security measures in place to protect against the loss, misuse, and alteration of your Personal Information. For example, we protect your Personal Information through a unique username and password, and we protect certain sensitive communications with our website through server authentication and secure connections. However, no method of data transmission is completely secure.

Changes to This Policy

OpenEye may, from time to time, make changes to this Privacy Policy. Any changes to this Privacy Policy will be posted on our User Interfaces. The most recent version of this Privacy Policy is reflected by the version date located below. This Privacy Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party.

Subsidiaries

This policy applies to OpenEye and its subsidiary, DVR Support Center.

Contacting Us

To find more information about our Services, or if you need assistance with your account, please visit the OpenEye Resources page (https://www.openeye.net/support). For questions about this Privacy Policy, please contact (privacy@openeye.net). Alternatively, you can write to us at the following address:

OpenEye, 1730 North Madson Avenue, Liberty Lake, WA 99019, U.S.A.

Updated: October 9 31 1320, 2022

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