Last Updated September 23, 2021
Notice Regarding Use of the Services by Children
The Services are not directed to children under the age of eighteen (18), and we request that children do not provide personally identifiable information through the Services.
How We Collect and Use Personally Identifiable Information
We will collect personally identifiable information about you, such as your name, postal address, telephone and mobile numbers, email address and credit card number or other payment number, profile pictures, or social media IDs when you voluntarily provide it to us through the Services such as when you create an account or profile, order or register a product, order literature, enter contests or incentive programs, sign up for newsletters, download an App, participate in a survey, contact customer service, or otherwise interact with the Services. We may receive personally identifiable information from other sources, such as public data bases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Site account, certain personally identifiable information from your social media account will be shared with us, which may include personally identifiable information that is part of your profile or your friends’ profiles.
Your personally identifiable information may be used by us for all legal purposes, including, but not limited to, responding to your requests, processing your transactions, notifying you of new products or product-related news, facilitating social sharing functionality, marketing research and for administrative purposes such as conducting incentive programs or tracking which parts of the Services are of interest to you.
We use your personally identifiable information to provide the services you request from Blue Pixel Creates or our clients, such as responding to product information requests; registering products; fulfilling orders for parts, products or customer service; initiating refunds; administering contests or incentive programs; and facilitating on-line product visualization applications and preferred products catalogs. We also use personally identifiable information to send you news about our products and promotions, to conduct online surveys, contests, other similar promotions or incentive programs via email, telephone or postal mail, and to notify you of special events and advertising that you might be interested in. Please see the “Sweepstakes, Contests, and Other Promotions” section below for more information on participating in such activities. Further, we may also use personally identifiable information to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important to your use of the Services, you may not opt-out of receiving such communications. In addition, we may use the information to improve Blue Pixel Creates’s online and other services, such as customer service and product support, to understand consumer preferences in developing product improvements and innovations, and to ensure that our Services are of interest to you. We may also use your personally identifiable information for internal business purposes, such as optimizing users’ Services experiences and analyzing and managing our businesses. If you apply for employment with Blue Pixel Creates, we may use the personally identifiable information you supply to process your job application.
The Services may offer a feature that allows you to send an electronic postcard or otherwise share a message with a friend. If you choose use this feature, we will ask you for the recipient’s name, email address or mobile telephone number, along with the text of any message you choose to include. By using this feature, you warrant that you are entitled to use and provide us with the recipient’s name and email address for this purpose.
How We Collect and Use Other Information
We may also collect other information that does not reveal your specific identity or directly relate to an individual through the Services (“other information”), such as your postal or Zip code, date of birth, gender, IP address, domain name, URL, browser and operating system, a record of the Services pages you visited, App usage data, physical location and information collected through cookies, pixel tags and other technologies.
We and our third-party service providers may collect other information in a variety of ways, including:
· Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
· Through your use of the App: When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
· Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
· Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Services or our online content.
· IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, administering the Services and identifying your devices physical location.
· Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
· From you: Information such as your location, as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with personally identifiable information, this information does not personally identify you or any other user of the Services.
· By aggregating information: Aggregated personally identifiable information does not personally identify you or any other user of the Services, (for example, we may aggregate personally identifiable information to calculate the percentage of our users who have a particular telephone area code).
We may use and disclose other information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat other information as personally identifiable information under applicable law, then we may use it for all the purposes for which we use and disclose personally identifiable information.
In some instances, we may combine other information with personally identifiable information (such as combining your name with your geographic location). If we do combine any other information with personally identifiable information, the combined information will be treated by us as personally identifiable information in accordance with this Policy.
How We Share Personally Identifiable Information
Blue Pixel Creates may share personally identifiable information collected via the Services with Affiliated Entities or other third parties as described below. You should also be aware that personally identifiable information about you may be transferred to or received by Affiliated Entities or third parties in the U.S. or in other countries, which countries may have different privacy regulations than those applicable in the country where you reside.
· Service Providers. We may use third-party service providers to help us operate our business and the Services or to administer activities on our behalf, such as sending emails, hosting dealer locater sites, providing order fulfillment, conducting advertising or customer service, and administering contests or incentive programs. We may share personally identifiable information with these third parties for those business purposes. For instance, if you request a brochure, we may share personally identifiable information about you with fulfillment and management agencies to complete your request.
· Other Third Parties. We may share personally identifiable information with unaffiliated third parties, including dealers and retailers discussed above, to permit such third parties to send to you marketing materials. If you wish to opt-out from our sharing of your personally identifiable information with third parties for their marketing purposes, please see the “Choice: Opt Out” section below for information on how to opt-out.
· E-mails to Friends. Please note that any personally identifiable information you provide in connection with sending an electronic postcard or other message to a friend through the Services, such as your name and your e-mail address, will, of course, be disclosed to your friend.
· Promotions. We reserve the right to share the personally identifiable information you provide in connection with sweepstakes, contests and similar promotions with third parties sponsors of such sweepstakes, contests and other promotions (irrespective of whether such promotions are hosted by us), or otherwise in accordance with the rules applicable to such sweepstake, contest or other promotion. Please see the “Sweepstakes, Contests, and Other Promotions” section below for more information on participating in such activities.
· Assignment. We reserve the right to transfer any and all information that we collect from Services users to an Affiliated Entity or a third-party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Blue Pixel Creates’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
User Generated Content Functions
Certain pages on the Services, including our Social Media Pages, enable users to create their own profile page or submit their own content (for example, message boards, forums, chat functionality and blogs, among other services). Any information you disclose in such a profile page or submission may be publicly available and be read, collected, or otherwise used by anyone who visits the URL of the page on which you have chosen to comment, and you should exercise caution in deciding whether to disclose your personal, financial or other sensitive information there. Blue Pixel Creates cannot prevent such publicly-available information from being used by others in a manner that may violate this Policy, the law, or your personal privacy and safety, and is not responsible or liable for the results of any postings or the use or disclosure of any information that you disclose via such postings.
If you do not wish to receive marketing-related emails from us, or if you would prefer that we do not share personally identifiable information about you collected via the Services or otherwise with Affiliated Entities or other third parties for such Affiliates Entities’ or other third parties’ marketing purposes, you may opt-out of receiving such marketing-related emails and from such sharing by sending an email (from the email address to which you’re receiving marketing-related emails) to [email protected] with the subject line “unsubscribe”.
We will endeavor to comply with your request as soon as reasonably practicable. Please note that, if you opt-out as described above, we will not be able to remove personally identifiable information about you from the databases of Affiliated Entities or other third parties with which we have already shared your personally identifiable information as of the date on which we implement your opt-out request. If you wish to cease receiving marketing-related emails from such Affiliated Entities or other third parties, please contact such Affiliated Entities or other third parties directly or utilize any opt-out mechanisms set forth in their respective privacy policies or marketing-related emails.
Sweepstakes, Contests, and Other Promotions
We may operate sweepstakes, contests, raffles and similar promotions through the Services that may require online registration with us or with third-party sponsors of such sweepstakes, contests, raffles or other promotions. You should carefully review the rules of each sweepstakes, contest, raffle and promotion in which you participate through the Services, as they may contain additional important information about Blue Pixel Creates’s or a sponsor’s use or disclosure of your personally identifiable information. To the extent that the terms and conditions of such rules concerning the treatment of personally identifiable information conflict with this Policy, the terms and conditions of such rules shall control.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any personally identifiable information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
Blue Pixel Creates may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites, based on information relating to your access to and use of the Services and other websites. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice and to learn about your choices in connection with these practices, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/.
Security of Personally Identifiable Information
Blue Pixel Creates takes measures to protect personally identifiable information collected through the Services against unauthorized access, disclosure, alteration or destruction. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Questions” section below.
For your own privacy protection, we encourage you not to include sensitive personally identifiable information in any emails you may send to us. Please do not send credit card numbers or any sensitive personally identifiable information to us via email. Note that Blue Pixel Creates will not request sensitive personally identifiable information in our emails to you and you should verify the authenticity of any such request.
The Services are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
If you have any questions about this Policy or how Blue Pixel Creates processes your personally identifiable information, please contact us by email at [email protected]
Terms of Service
By accessing this web site or application, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Blue Pixel Creates’s web site or application for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Blue Pixel Creates’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Blue Pixel Creates at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Blue Pixel Creates’s web site and applications are provided “as is”. Blue Pixel Creates makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Blue Pixel Creates does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Blue Pixel Creates, its clients, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Blue Pixel Creates’s Internet site or application, even if Blue Pixel Creates or a Blue Pixel Creates authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Blue Pixel Creates’s web site and applications could include technical, typographical, or photographic errors. Blue Pixel Creates does not warrant that any of the materials on its web site and applications are accurate, complete, or current. Blue Pixel Creates may make changes to the materials contained on its web site at any time without notice. Blue Pixel Creates does not, however, make any commitment to update the materials.
Blue Pixel Creates has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Blue Pixel Creates of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Blue Pixel Creates’s web site shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions.