EFFECTIVE AS OF July 23, 2021
When we refer to “Derive,” “we,” “us” or “our,” we mean Derive Systems, Inc., Derive Power, LLC, and Derive Efficiency, LLC and any affiliates thereof, operating under the following brands, among others: DERIVE SYSTEMS™, DERIVE POWER™, DERIVE EFFICIENCY™, DERIVE ADVANTAGE™, SCT® and BULLY DOG® the specific division, subsidiary or affiliate that operates the Site, provides its content or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Use of our Site and Derive’s services is strictly limited to persons who are of legal age in the jurisdictions in which they reside.
Derive will not knowingly accept any information from an individual under the age of 13 years. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), any information that Derive may receive from any individual who is reasonably believed to be under the age of 13 years will be deleted. If you are under the age of 13 years, please do not provide any Personal Information through the Site. If you are under the age of 13 years and have already provided Personal Information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such Personal Information from our files.
THE TYPES OF INFORMATION WE COLLECT
The web servers that serve the Site may gather certain navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Site. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, service provider, and IP address information collected through tracking technologies (see “How We May Collect Your Information,” below, for additional information regarding our use of tracking technologies) and aggregated or de-identified data.
In order to operate the Site and provide you with information, Products, and Services that may be requested by or of interest to you, we may also collect and retain Personal Information. “Personal Information” refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our order forms, “Contact Us” forms, surveys, applications, vendor set-up, and enrollment forms, or similar online fields. Examples of Personal Information may include your name, postal address, e-mail address, telephone number, Social Security number, date of birth or financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, gender, financial transaction history information, and age).
We may also collect location information, which means information that may be collected by certain mobile applications and that identifies your physical location. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location.
HOW WE MAY COLLECT YOUR INFORMATION
INFORMATION YOU PROVIDE TO US
We collect Personal Information from you or about you when you voluntarily provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us or the Site.
We may also gather such Personal Information through your access to certain web pages or your accounts online, as well as your asking questions through our “Contact Us” link. Personal Information that we may collect about you through online interaction includes information that you input or provide to us through the Derive Advantage Cloud Site, such as your name, address, e-mail address and other contact information, vehicle identifier and Social Security number, and payment information, including, but not limited to, bank information and other financial institution account numbers and billing address. We may also collect data resulting from your activity, such as transaction information and page view.
YOUR IP ADDRESS
Like most e-commerce websites, each time you visit any Site, we may automatically collect your IP address and the web page from which you came. In order to administer and optimize the Sites for you and to diagnose potential issues with our Site, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Site traffic information that is collected automatically when you visit our Site, and with information acquired from our joint marketing partners, third parties and our affiliated companies.
We may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of the Site, and it also permits us to automate the access and data entry functions of the Site (e.g., login information), and to tailor the appearance or presentation of the Site to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using the Site unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on the Site, use or conduct a transaction through the Site, or identify yourself or the computer you are using through the Site.
Most or all browsers permit you to disable or reject cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. You can do this by adjusting your preferences in the browser. Derive does not track its customers over time and across third-party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time and across third-party websites or online services. Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Sites or use the full functionality of the Site, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Site. Your continued use of our Site reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Site.
We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Site. This permits us to display content based upon what you view on our Site to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient.
PIXEL TAGS, WEB BEACONS AND SIMILAR TECHNOLOGIES
As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.
We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.
LOCATION TRACKING ON MOBILE DEVICES
Certain applications on mobile devices may transmit information to us about your location when you request information from them. We may use that information to improve the Products and Services we provide to you as well as to improve our services generally in your area. You should have the ability to control what information your mobile device sends to us, and can exercise this control by changing the settings of your mobile device.
USING MOBILE APPLICATIONS (“MOBILE APPS”)
When you use a Mobile App, including the Derive Flash Tuning Device (the “Derive Tuning Device”), we collect and use information about you in the same way and for the same purposes as we do when you use the Site. In addition, we also use some other information that we collect automatically when you use our Mobile Apps (including a Derive Tuning Device). We collect information about Mobile App functionality that you access and use, which allows us to identify those areas of the Mobile App that are of interest to our users so that we can continuously improve the functionality of our Mobile Apps. The information we collect for this purpose does not enable us to directly identify you. We use this only on the first opening of the Mobile App so that we can confirm to our advertising networks the number of downloads resulting from clicks on their respective ad banners and other marketing tools.
Each Derive Tuning Device also sends us the device’s unique device identifier (or “UID”), a sequence of numbers or characters that are unique to your Derive Tuning Device. We use this each time the device accesses the Derive Advantage Cloud Site. Each Derive Tuning Device will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate and remedy the error, and to improve the stability of the Mobile App for future releases. As part of these error reports, the Derive Tuning Device sends us information about the tuning device type and version, the UID, the time the error occurred, the feature(s) being used and the state of the Derive Tuning Device when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.
When you use a Mobile App, you can choose to allow access to your current location – provided by your mobile device using GPS or similar technologies – in order to identify nearby events or places of interest. If you choose to allow access, this location data may be collected anonymously as part of search requests logged by our servers. You can disable the Mobile App’s access to your location at any time through your phone “Settings” menu.
INFORMATION OTHER WEBSITES COLLECT FROM YOU
Our Sites integrate plugins, widgets and other features from various social networks. These features allow such social networks to place cookies on your browser and collect your Personal Information, including your name and other social network account information. These other features are operated solely by the respective third parties and their service providers, and not Derive. You should carefully read the privacy policies of each social network before using such features.
HOW WE USE YOUR PERSONAL INFORMATION
We may use your Personal Information to help us improve our product and service offerings, improve the Site’s functionality, process queries on the Site, to contact you when necessary in connection with products or services you accessed or inquired about via the Site, to provide you with account login credentials, and to send you information, offers and other promotional materials from us and selected third parties. We may also use information about your use of our Sites in anonymous or aggregated form (i.e., in a form that does not enable the identification of a specific user), to operate the Sites, to improve the quality of the Sites, to enhance your usage experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes. We also may use such anonymous, statistical or aggregated information collected on our Sites by communicating or making available such information to users of the Sites, to our service providers or business partners.
We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our Products and Services or about the products and services of our affiliated companies. We may share your e-mail address with our affiliated companies to enable them to send you e-mails directly regarding their products and services, sales and other promotions. We include information in each commercial e-mail that allows you to opt-out of receiving future communications.
If you provide us with your phone number, you may receive telephone contact from us for customer service purposes, and to assist us in responding to your requests and questions. We may retain this information for business and marketing purposes and to help us with future requests from you. We may occasionally use your phone number to contact you with updates or other promotional information about our Products and Services or those of our affiliated companies in which you may be interested. We may also make your Personal Information available to our affiliated companies to enable them to contact you directly with their promotional information, such as information about their products and services, sales and other promotions.
By engaging in any kind of activity on the Site that uses financial information, you consent to our using your financial information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. Your financial information, including payment and bank account information, will be kept strictly confidential and will only be shared with our service providers to the extent you have directed us to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.
We may use demographic information to tailor the Sites and communications to the interests of our users. We may share anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to know about your demographic information on a non-anonymous basis.
DISCLOSURE OF INFORMATION
We may also provide your Personal Information and other information that you have provided to us through the Site to other companies (“Agents”) that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical or reporting services; or to provide technical support. In connection with providing those services to Derive, an Agent may have access to your Personal Information. Derive has advised such Agents to treat such Personal Information as private and confidential, and that such Personal Information is not to be used for any purpose other than as Derive authorizes, and it will not be disclosed by the Agents to any third party.
Derive may disclose your Personal Information when required by subpoena, court order or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of Derive’s rights, (e) protect the rights, property or safety of Derive and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against Derive or (g) protect the security and integrity of our Site.
We may also disclose personal, financial and other information that you have provided to us to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control.
Please note that no attorney/client relationship exists between us, and therefore no communication between us, or information you provide to us or input via use of a Site, will be subject to any confidentiality obligation or privilege against disclosure except as specifically set forth herein.
Derive reserves the full and unrestricted right to use and disclose anonymized information; aggregated information or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, Derive’s internal use and research.
DISCLAIMER – OTHER CUSTOMER AGREEMENTS
YOUR USE OF THE SITE MAY BE FURTHER GOVERNED BY ANY OTHER AGREEMENT ENTERED INTO BETWEEN DERIVE AND THE CUSTOMER (“CUSTOMER”) NAMED THEREIN (THE “CUSTOMER AGREEMENT”) CONCERNING THE CUSTOMER’S ACCOUNTS WITH DERIVE. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A DEFENSE TO, OR A WAIVER BY DERIVE OF, ANY RIGHTS DERIVE HAS UNDER THE CUSTOMER AGREEMENT, ANY OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT.
AUTHORIZED THIRD PARTIES
SUPPLEMENTATION OF INFORMATION
We may supplement the information we receive from you with other information we receive from third-party sources or clearinghouses. Thus, information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than our Site, including both offline and online sources.
We are the sole owner of the user information collected through the Sites. We may collect information from users at several different points on the Sites.
ACCOUNT AND PASSWORD SECURITY
You may establish a unique username and password (“Credentials”) while completing a registration process for certain portions of the Site, including the Derive Advantage Cloud Site. It is your responsibility to safeguard and protect your Credentials and to monitor use of these Credentials for all purposes. You accept all responsibility for maintaining the security of your Credentials and for all utilization of the Site with your Credentials, with or without your knowledge or consent. You agree to (a) immediately notify Derive of any unauthorized use of your Credentials or any other breach of security; (b) ensure that you log out and exit completely from your account at the end of each session; and (c) notify Derive immediately if you have lost your Credentials or wish to terminate your access or have your Credentials changed.
Our Security Precautions
Derive will take reasonable precautions to protect Personal Information provided to us through the Site from loss, misuse, unauthorized access, disclosure, alteration and destruction. Derive has put in place reasonable and appropriate physical, electronic and managerial procedures designed to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary. While Derive strives to undertake such reasonable and necessary efforts to secure Personal Information provided to us through the Site, no transmission of data over the Internet, wi-fi, Bluetooth, or other communication protocol is guaranteed to be 100% secure, and Derive cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond Derive’s reasonable control.
Particularly sensitive information is encrypted. You can usually tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g., by displaying a lock, a key or a similar icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session. Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.
NOTICE REGARDING UNAUTHORIZED ACCESS OR DISCLOSURE OF PERSONAL INFORMATION
For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.
SITE AND SERVICE UPDATES
We may send you updates and service announcements about the Site(s). You may not unsubscribe or opt-out of receiving such announcements because such announcements contain important information about the Products and Services offered through the relevant Site(s).
CORRECTING OR UPDATING PERSONAL INFORMATION
If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging into your account, you may contact us through the “E-mail Us” form at www.bullydog.com/contact, and we shall attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of the Site.
You may additionally opt-out of receiving e-mail communications by using the opt-out instructions included in certain e-mails you may receive from us.
Please note that changing or deleting your information through the Sites, or otherwise opt-out of receiving e-mail communications from us and third parties, will only change or delete the Personal Information in our database for purposes of transacting future business on or relating to the Sites and for managing future communications from us and third parties. These changes and deletions will not change or delete information collected or submitted pursuant to any Customer Agreement (defined above), or Personal Information already collected as part of a product or service purchase in our transactions database which may be shared with our third party service providers regardless of your e-mail preferences.
OPT-IN TO E-MAIL COMMUNICATIONS
Notice of Privacy Rights of California Residents
If you are a resident of the State of California, the following rights are available to you under the California Consumer Privacy Act.
Right to access
You have the right to request that we disclose the categories of Personal Information collected, the categories of sources from which Personal Information is collected, the business or commercial purpose for collection, the categories of third parties with which we share Personal Information, and the specific pieces of Personal Information that we have about you. You also have the right to request that we provide your Personal Information to you in a readily useable format.
Right to request deletion
You have the right to request that we delete Personal Information that we collected from you. Note, however, that certain requests to delete Personal Information may be denied if we are required or authorized to retain the information as a matter of law, the information is necessary for detecting security incidents, exercising free speech, protecting or defending against legal claims, or for internal uses reasonably aligned with consumer expectations, including, but not limited to, to provide a customer requested product or service. Historical transactional records cannot be deleted.
Right to non-discrimination
You have the right not to receive discriminatory treatment by Derive for exercising these privacy rights. We do not offer financial incentives related to the provision of data.
You have the right to designate an authorized agent to make these requests on your behalf.
To exercise any of these rights, please e-mail us at email@example.com To protect your privacy, you will be required to provide authenticating information prior to making changes or gaining access to your information. We will respond to inquiries, requests to review, and change requests to Personal Information within forty-five (45) days.
Sale of Personal Information
Derive does not sell your Personal Information.
Derive has adopted a policy of not sharing your Personal Information with third parties for their direct marketing purposes if you request that we do not do so (the “Opt-Out Policy”). You may make such a request by sending us an e-mail at firstname.lastname@example.org or by visiting https://bullydog.com/create-account/. When contacting us, please indicate your name, address, e-mail address, and what Personal Information you do not want us to share with our affiliates for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your Personal Information or for processing this request.
NOTICE OF PRIVACY RIGHT OF EUROPEAN/U.K. RESIDENTS:
If you reside in the European Union (“EU”) and the European Economic Area (“EEA”) or the United Kingdom (“UK”), Derive is committed to processing your personal data lawfully and facilitating the exercise of your rights granted by the EU General Data Protection Regulation and its implementing national laws (“EU-GDPR”) and the UK General Data Protection Regulation (“UK- GDPR”) (the EU-GDPR and UK-GDPR are collectively referred to as the “GDPR”) .
Legal basis for data collection and use:
We only collect and use personal information when there is a fair and legal basis for its collection and use and/or when you have consented to our collection. For example, we collect personal information because it is necessary to complete or carry out a user-request, including a user-requested order for products or services, to meet our legitimate interests to send marketing materials or to comply with legal obligations. All other collection and use of information is based on your consent.
Privacy rights under the GDPR:
Data subjects located in the EU and the EEA, and the UK have the following legal rights under applicable law with respect to the personal information processed by Derive:
Derive’s ability to comply with requests may be limited by applicable law or our legitimate interests.
To request to exercise one of these rights, please contact us at email@example.com. In order to fulfill this request, we may require that you provide us detailed information to validate your identity and specify your request. We will respond to and fulfill your request in a timely manner, usually within thirty (30) days after receiving your request. If for any reason we need to extend this period of time, we will contact you. If you are not satisfied with our response, you have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of the alleged infringement.
Attn: Website Enquiries
Derive Systems, Inc.
4150 Church Street, Suite 1024
Sanford, Florida 32771