Change History for Privacy Policy

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 AvertX including 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 AvertX 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 AvertX.

AvertX’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 AvertX 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://connect.avertx.com/legal/privacy to review these hyperlinked terms.

Collection of Information

AvertX 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:

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 AvertX'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 AvertX) 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. AvertX 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 AvertX 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 AvertX Web Services-ready devices.

Disclosure of Information

Your Personal Information may be disclosed to the following:

· Protection of the Services and others: AvertX 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.

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 AvertX. 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 AvertX 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 AvertX 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 AvertX 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 AvertX 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 AvertX 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.

AvertX 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@AvertX.com.

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@AvertX.com 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 AvertX 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

AvertX 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. AvertX 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, AvertX 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.” AvertX’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, AvertX 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 AvertX:

- privacy@AvertX.com

- DVR Support Center, 23221 E Knox Ave, Liberty Lake, WA 99019, U.S.A.

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/ps/article?id=annex-i-introduction.

AvertX 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 AvertX 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, AvertX 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@AvertX.com or by mailing us at the address provided below.

If you contact AvertX 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 AvertX directly (e.g., visiting the AVERTX website).

Information we collect (Categories, Purposes, Sources)

We collect these categories of Personal Information:


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


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


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:

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@AvertX.com. We may need to collect additional information about your previous interactions with AvertX 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@AvertX.com.

Virginia Residents Only

Under Virginia’s privacy law, the Virginia Consumer Data Protection Act, AvertX 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

AvertX responds to the Global Privacy Control, as described above. With respect to a different preference signal called Do not Track browser requests, 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 AvertX User Interfaces that link to other websites not under AvertX’s control. AvertX is not responsible for, and this Privacy Policy does not apply to, the privacy practices of those sites or of any companies that AvertX does not own or control. AvertX 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. AvertX 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 AvertX User Interfaces, even if you reached that site through the AvertX 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

AvertX 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

AvertX 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 AvertX and its subsidiary, DVR Support Center.

Contacting Us

For questions about this Privacy Policy, please contact (privacy@AvertX.com). Alternatively, you can write to us at the following address:

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


Updated: October 9, 2022

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