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 "Services"). It is our goal to make your experience with OpenEye a safe and positive one.

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 collect automatically: We 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 may include:
  • your activity using OpenEye Services, such as pages 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. 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.
• 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, (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.

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. 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 may use European Commission-approved "Standard Contractual Clauses" or "Model Clauses" and is also certified under the EU-U.S. Privacy Shield and U.S.-Swiss Privacy Shield Frameworks (as described in our Privacy Shield Privacy Notice) for the transfer of Personal Information from the EEA, the UK or Switzerland to the United States. To learn more about the EU-U.S. or U.S.-Swiss Privacy Shield Framework and to view our certification, please visit www.privacyshield.gov.

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 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 and is subject to the investigatory and enforcement power of the U.S. Federal Trade Commission (“FTC”). 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 www.privacyshield.gov.

We may share Personal Information with service providers that we have retained to perform services on our behalf. We require service providers to whom we disclose Personal Information to either (i) subscribe to the Privacy Shield Principles or (ii) contractually agree to provide at least the same level of protection for Personal Information as is required by the relevant Privacy Shield Principles. If the third party does not comply with its privacy obligations, OpenEye will take commercially reasonable steps to prevent or stop the disclosure of Personal Information to such service provider. If a third party to whom we have transferred Personal Information from the EEA, the UK, or Switzerland processes Personal Information in a manner inconsistent with the Privacy Shield Principles, OpenEye will be responsible unless we can prove that we are not responsible for the event giving rise to the damages.

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: 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 (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. 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

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. 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.net or 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.

Do Not Track Requests

Certain state laws require that we indicate whether we honor "Do Not Track" settings in your browser concerning targeted advertising. We 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 (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:

Updated: June 08, 2020
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