Privacy is Bluedot Innovation’s core business. It follows the principle of ‘privacy by design’. This means the Bluedot Point SDK and platform have been designed from the ground up to lead the industry on privacy. Unlike other location services platforms, Bluedot Innovation doesn’t track end users or collect their personally identifiable information. All data is anonymized so end-users can’t be identified.
Bluedot actively seeks to protect the privacy and data of individual end users of mobile applications (“End Users”). To this end, we have implemented a range of industry-leading privacy safeguards (outlined below) as core elements in the design, development and operation of the Software, Services and Site.
Our Software, Services and Site have been designed so that we do not collect any personally identifiable information about the End User or track the movement of the End User.
Our clients and partners are entities or individuals, such as companies or application developers, that use the Software, Services and Site to develop, distribute and manage location-based platforms and mobile applications (“Client”, “Partner”, “You”, “Your”). Our Clients are not the End Users. We, however, recognize, respect and actively seek to protect the End User’s privacy.
Our approach to privacy protection has been developed in consultation with the former Australian Privacy Commissioner, Malcolm Crompton, and his firm, Information Integrity Solutions, a leading global consultancy on privacy and data protection.
“Privacy by Design” to protect the privacy of End Users
Bluedot has structured its data collection and storage model according to the principle of ‘Privacy by Design’. This ensures that the privacy and data protection of End Users are considered core objectives, with safeguards integrated in the design and development of a technology or product, rather than being applied after development is complete.
As a result, our data collection and storage model has been designed so that we do not collect any personally identifiable information about, or track the movement of, the End User.
When an End User begins using an application that contains or connects to Bluedot Software or Services, a randomized unique reference number (“Install Reference”) is issued to that particular instance of the downloaded application. The Install Reference is not connected to the personal information of an End User or their device.
If an End User is using multiple applications that use Bluedot Software or Services on the same device, then multiple, distinct, random Install References will be issued to ensure that the End User cannot be identified by associating the multiple applications they are using with a single overarching ID or reference number. We do not combine datasets for multiple Install References in order to prevent inferences or patterns emerging that could directly or indirectly identify an End User.
We do not continuously, periodically or intermittently track an identifiable End User or record their precise or general location. The location of a device with a random Install Reference is identified when that device performs an Action (e.g. sends a notification or plays a tone) upon its entry into a geographic area (known as a ‘Zone’, which comprises one or multiple related Geofences, Geolines or Beacons) that has been pre-defined by the Client or Partner for use in an application. The Client or Partner may also set particular Conditions that must be met for an Action to be triggered (e.g. entry into a Zone by the End User within a pre-defined date and time range). We record the following data from the device at the point an Action is initiated:
- randomized Installation Reference associated with a particular instance of a downloaded application;
- geographic coordinates (usually longitude and latitude) associated with the location where the action was initiated;
- estimated accuracy with which the device is being located;
- date and time the action was initiated;
- speed the device was moving;
- make and model of the device;
- software platform (Android or iOS) and version of the operating system on the device;
- bearing and orientation of the device; and
- orientation of the device’s screen (i.e. landscape or portrait).
Once this final stage of anonymization has been carried out, the data is passed on to a separate analytics platform and all data that was originally recorded is permanently deleted from the servers that are not used for analytics.
The Client and Partners (not End User) information we receive or collect
You may browse the Site without a Bluedot account but an account must be created to use the Software or Services. We may collect the following information from our Clients and Partners (not the End User) when they create a Bluedot account:
- legal name of the Client or Partner, such as the registered name of the entity that owns the application;
- name and contact information of the representative acting on behalf of the Client or Partner;
- email address and password to access the Bluedot account; and
- industry, size, intended use of the Software and Service and other similar information.
The Client or Partner’s user name, password and Application ID created or issued during the registration process may be requested when logging in subsequently.
We reserve the right to periodically contact our Clients or Partners to confirm that the information held is correct and up to date.
How You can access, correct or delete their information
You have the right to access, correct or request the deletion of information we hold about You. This may be done through the ‘Account Management’ function available in the Bluedot platform, Point Access, which is accessible on the Site. Such requests can also be made in writing to firstname.lastname@example.org or 180 Sansome Street, San Francisco, CA, USA, 94104 or 11 Agnes Street, East Melbourne, Victoria, Australia, 3002. We will endeavor to respond to any requests within 10 working days.
How payment and billing information is collected, stored and used
The Client or Partner also provides payment and billing information (“Payment Information”) when creating a Bluedot account or updating billing details. Payment Information is directly provided to and stored by the payment gateway provider, Braintree Payments Inc. (“Braintree”), through its web service that is integrated into the Site. The payment process is carried out in accordance with our Billing Policy.
Payment Information is not persisted, stored or retained in any way by Bluedot.
We also collect information about Your use of the Software, Services and Site, including billing history, level of usage and other similar information.
How we use the Client and Partner (not End User) information we receive or
We use the Client and Partner information referred to above for the following purposes:
- provide, operate and maintain the Software, Services and Site;
- communicate with You about Your account or respond to Your requests or enquiries, tailor the information we send or display to You, and for similar service purposes;
- generate aggregate and anonymous reports for You about the usage of the Software and Services in or by Your application;
- process and issue bills, and charge payments for use of the Software and Service;
- provide You with information about our company or products that we believe may be of interest, including by sending promotional e-mails (from which You may opt out); and
- to improve the design and delivery of, and better understand how You use, our Software, Services and Site.
How we disclose Client and Partner (not End User) information
We will only disclose the Client and Partner information we collect or receive through our Software, Services and Site in the following instances:
- if required by law, legal process, governmental entity or other relevant authority;
- in the event of the sale or dissolution (bankruptcy) of assets, in whole or in part, of Bluedot or any of its affiliates;
- to our contractors or service providers to the extent required to provide services or perform functions on our behalf;
We may share aggregate and/or non-personally identifiable information with third parties for marketing, research or other similar purposes. We will not disclose the personally identifiable information of Clients and Partners to third parties for such purposes without Your consent.
Personally identifiable information on End Users is not collected by Bluedot and will therefore not be disclosed, including for any of the above purposes.
Visitors to the Site
By using our Sites or Services, you agree that we may collect cookies or other general information, such as the number of views and the length of time spent on the Site by visitors, in order to optimize the Site or Services and enhance Your experience using our Site or Services.
Third party links
We may send You emails from time-to-time about information that we believe may be of interest to You, including news, special offers or information about products or services. You may opt-out from receiving promotional emails at any time by following the link and instructions contained in these emails, or by requesting that such emails no longer be sent to You at email@example.com.
Please note that it may take up to 10 business days for us to process opt-out requests. If You opt-out of receiving promotional emails, we may still send You e-mails about Your account or the Software and Services You use, or for other service purposes.
Consent to transfer information
If You are located outside of the Australia, please note that the Client and Partner information we collect or receive may be transferred to and processed in Australia. By using our Site and Services, You consent to the transfer and processing of Your information in Australia. Please note, Australian data protection laws may not provide the same level of protection as other jurisdictions, such as the European Union. Your consent is voluntary. If, however, You do not consent, we will not be able to provide You with our Software or Services.
About data security
Bluedot takes the security of Client and Partner data seriously. We use a range of physical, technical and operational measures to secure the data we collect or receive from loss, misuse and unauthorized access, disclosure, alteration, and destruction, including, where appropriate, through password protection, encryption, and SSL.
Bluedot stores all Client and Partner-specific information, including usage data related to Bluedot accounts, within a secure, permanently hosted solution supplied by Rackspace and hosted in their data center in Sydney, Australia. Security protocols used to protect stored data within the Rackspace data center can be viewed here.
Rackspace uses leading security measures that are independently audited by third parties to ensure continued compliance and security. For example, Rackspace implements the following:
- physical security measures at data centers, such as biometric scanning, security camera monitoring and constant onsite security personnel;
- operations based security policies (such as ISO 27001/2) that are reviewed at least annually by third party auditors;
- network infrastructure security, such as complete, remote data redundancy;
- natural hazard controls for all data centers, including fire and flood detection and protection;
- human resources security, such as employee reference checks and security awareness training; and
- organizational security, such as assigning responsibility for oversight of security operations and governance, risk, and compliance activities.
Please be aware that despite our best efforts, we cannot and do not guarantee the complete privacy, security, integrity or authenticity of information. The Internet provides the opportunity for unauthorized third parties to circumvent safeguards and illegally gain access to information.
How to contact us and the dispute resolution process
BLUEDOT BILLING POLICY
This is the Billing Policy of Bluedot Industries, Inc., and Bluedot Industries Pty Ltd (“Bluedot”, “Company”, “us”, “we”, “our”), wholly owned subsidiaries of Bluedot Innovation, Inc. This Billing Policy explains how we calculate, invoice, charge, discount and refund payments for licensing fees, white labeling fees and other charges (collectively, “Fees”) that relate to the web sites owned by Bluedot, including www.bluedotinnovation.com, www.bluedot.com.au and other subsidiary or related sites (“Site”), the Bluedot Point SDK and other supporting or future software products offered by us (“Software”), and the supporting web service, Application Programming Interfaces and other services or materials provided by us (“Services”). This Billing Policy is subject to, and incorporates by reference, our licensing terms (“Terms”). Your use of the Software, Services or Site will be deemed to be your agreement to abide by all of the terms set out below. Bluedot’s clients and partners are entities or individuals, such as companies or application developers, that use the Software, Services and Site to develop, distribute and manage mobile applications (“Client”, “Partner”, “You”, “Your”). Bluedot’s clients are not the individual end users (“End Users”) of applications developed by Clients and Partners.
Bluedot’s Software and Services may be licensed for a minimum duration of 1 year or longer. Licenses renew automatically for further periods of the same duration as the initial license,
unless terminated earlier in accordance with the Terms.
Bluedot does not typically offer free trials or demonstration accounts.
Bluedot offers a range of pricing plans (“Plan”) that charge monthly Fees upfront for a set number of location-based actions per month (e.g. URLs opened, messages sent or ‘check-ins’
sent back to the server) (“Action”).
An action is initiated by an End User when they enter a pre-defined location and any associated conditions are satisfied (configured using the Software and Services) (“Trigger”). The total number of Triggers in a given billing period determines Your volume of usage (“Usage”). If more than one Action occurs simultaneously (e.g. message, vibration, audio) upon entry into the same pre-defined location then this will be billed as one Trigger rather than multiple Triggers.
You pre-select an applicable Plan. A Plan will apply based on Your Usage in a given month (“Billing Period”).
The Fees for the selected Plan will be charged even if the Usage in the Billing Period is lower that the Usage limit of the selected Plan or the Usage limit of a lower Plan. You may move up to a higher Plan at any time, however, any change in Plan may be applied in the next Billing Period.
Larger Plans typically have lower average fees per Trigger.
Custom pricing for enterprise Clients and Partners
Bluedot may develop custom pricing plans (“Custom Plan”) or Terms for Clients and Partners with high expected Usage or with unique business needs.
Custom Plans may require Bluedot to agree to and/or implement alternative arrangements to the standards Terms and this Billing Policy.
Custom Plans will be established through the mutual agreement of Bluedot and the Client and/or Partner.
Overages and Upgrades
The Fees charged for a Billing Period when Usage exceeds a given Plan (“Excess Triggers”) will be the total of: 1) the standard price of the Plan that has been exceeded; and 2) 3x the
average per Trigger price of the Plan that has been exceeded for each Excess Trigger in that Billing Period (collectively “Overages”).
If you are charged an Overage for a Billing Period, you may elect to pay the Overage and continue on the existing Plan that was exceeded or you may upgrade to a higher Plan for the
remainder of Your agreement (“Higher Plan”). If you upgrade to a Higher Plan then the Overages for the last Billing Period will be waived and the Fees for Higher Plan will be
charged for the last Billing Period.
Discounts for upfront payment
You will receive a 15% discount if you pay the total Fees for an annual license upfront.
You will receive a 20% discount if you pay the total Fees for a multi-year (two or more years) license upfront.
If you choose to pay upfront but then upgrade to a Higher Plan, you may do either of the following:
- Pay upfront for the difference between the original Plan and the Higher Plan (“Net Amount”) for the remainder of the 12 month period (prorated) and receive an equivalent discount on the Net Amount, subject to their being at least 3 months remaining on the initial license period; or
- Pay the Net Amount at the beginning of each Billing Period but at the undiscounted standard price.
An invoice or receipt summarizing the applicable Fees will be sent to Your registered email. Fees will be charged at the beginning of each Billing Period.
New Clients and Partners will be charged a pro-rated amount (calculated per day) on the applicable Plan for their first Billing Period.
If a Client or Partner terminates their use of the Software and Services in accordance with the Terms, they are liable for any outstanding Fees in full. The final billing period will not be prorated.
Bluedot works extensively with Partners that use the Software or Services in applications on behalf of the Partner’s business customers (“Customer”).
Bluedot may bill and charge either the Partner or Customer. This will be agreed to by the parties.
If Bluedot bills and charges the Customer, the Partner will continue to be bound, to the greatest extent possible, by the Terms and this Billing Policy.
Right to make changes
Bluedot reserves the right to make changes from time to time to the Fees and this Billing Policy. If it does so, it will provide at least 10 working days for the changes to apply or it may maintain their existing arrangements indefinitely or for a period of time (“Grandfathering”).
Bluedot may, at its discretion, agree to alternative arrangements to the standard terms and processes outlined in this Billing Policy.
You agree to Bluedot contacting you, such as via Your registered email or telephone number, to discuss Your Payment Information, applicable Fees and other matters related to billing, payment or refunds.
You are required to register a credit card or agree to monthly upfront electronic payments of invoices (“Payment Information”) to allow Bluedot to charge you the Fees for the Software
and Services used.
If paying by credit card, You can register Visa, MasterCard or AMEX credit cards. Bluedot may submit recurring charges to your credit card at the beginning of each billing period in
accordance with this Billing Policy and without further authorization from. Bluedot may continue recurring charges to your credit card until You provide notice in writing that You have terminated Your authorization to charge Fees to the Payment Information provided by You. Such notice will not affect charges submitted before Bluedot could reasonably act. In such circumstances, you will be required to provided alternative Payment Information to pay future Fees.
You must provide current, complete and accurate Payment Information in order to receive and/or continue using the Software and Services.
You must promptly update Payment Information if the details have changed (such as a change in billing address or credit card details).
You must promptly notify Bluedot if the listed credit card is cancelled or does not have sufficient funds for Bluedot to charge the Fees.
If You don’t maintain accurate and complete Payment Information, You agree that You continue to be liable for the Fees for the Software and Services used and that its Your responsibility to provide updated and accurate Payment Information as soon as possible to allow Bluedot to charge the Fees.
Currencies, taxes and third party fees and charges
Fees are charged in US Dollars. Fees do not include taxes, levies or other fees and charges that may be applicable in a given jurisdiction.
A conversion fee or other fees and charges may be charged by Your bank, financial institution or other third parties you interact with (“Third Party Fees”), including, but not limited to, fees related to payments that are made in currencies other than US Dollars. Bluedot does not charge, receive or control such Third Party Fees. Bluedot is not responsible for Third Party Fees in any way, including with respect to calculating, billing, charging or refunding Third Party Fees. You agree it is Your sole responsibility to be aware of, manage and pay Third Party Fees.
Clients and Partners with multiple applications
Clients and Partners may have multiple mobile applications that simultaneously use the Software and Services (“Multiple Apps”).
Usage across Multiple Apps will be aggregated and a relevant Plan will apply to total Usage by the Client or Partner. A single payment will be charged for Multiple Apps.
Failure to pay
If You fail to pay the Fees within fifteen (15) days of the Fees being incurred, Bluedot may suspend or terminate your Bluedot account or Your access to the Software and Services. Any
suspension or termination does not relieve You from paying any Fees that have been incurred in accordance with this Billing Policy and the Terms.
If You fail to pay within thirty (30) days of the Fees being incurred, Bluedot may seek to recover the Fees through a collection agency or seek legal action to recover the Fees or enforce our rights in accordance with this Billing Policy and the Terms. You agree that you will be liable for any costs associated with such recovery or legal action, including, but not limited to, legal fees, court costs, and collection agency fees.
Bluedot may charge a $30 dishonor fee if Your credit card payment is declined.
Refunds and disputes
There may be occasions, in accordance with this Billing Policy and the Terms, that Bluedot will refund a payment that has been charged. This will be considered, in consultation with You, on a case-by-case basis.
Refunds will be made to the Payment Information used to charge the payment being refunded.
We are committed to handling any questions or complaints in an effective, transparent and timely manner. Such enquiries should initially be sent to Bluedot (firstname.lastname@example.org) so that we are able to rectify breaches or errors.
Should we not handle your complaint in a satisfactory manner, the complaint may be passed on to the relevant Californian Government (United States) or Victorian Government (Australia) corporate dispute resolution program for mediation. If a resolution is not achieved, the complaint may be passed on to the appropriate legal authority in each jurisdiction to consider the matter.
BLUEDOT BILLING POLICY V4.1 – LAST UPDATED DATE: 2 JANUARY 2017