BlackOhm, LLC (“BLACKOHM”, “Company”, or “we”) is an Arizona limited liability company that provides a range of IoT connected hardware services, including hardware manufacturing, deployment, and software through its various web assets, including via its mobile application, or other web-based portals (all collectively “Services”) to paying clients or for beta-testing purposes, as is the case herein (“Clients” or “you”).
BLACKOHM hereby disclaims any and all liabilities, including loss of data, loss of profits, actual damages, punitive damages, and any and all other losses not expressly stated herein.
BLACKOHM core business principles dictate that we protect the privacy of our customers and all those who use our Services. With this principle in mind, BLACKOHM created this Privacy Policy to demonstrate our commitment to your privacy.
Unless otherwise noted, the Services are provided by BLACKOHM inside of the United States. Please note that the failure to use the Services in line with this Privacy Policy may result in immediate termination of the Services, among other actions.
1. What Information do we collect?
BLACKOHM collects information about both you, our clients (“Clients” or “you”) and the individuals who participate in, or are invited to participate in, any of our Services (“Service Participants”). Collectively, the information collected about you (“Client Information”) and Service Participants (“Participant Information”) are referred to as “Information”.
Client Information: When Clients register for our Services, we ask them for personal information including, but not limited to, name and contact information, company name, name of business representative, title of business representatives, company address, telephone number, email address, user name and password, and billing information which may include credit card numbers. Clients also provide us with Information regarding the Services they have ordered.
This may include any of the following categories of information relating services: personal data and the personal data of others, which may include first and last name, educational background, ethnicity, address, prior medical history, disease information, health information, phone number, and email, or any combination of the same (“Personally Identifying Information” or “PII”).
We also log, via our web-based applications or third party applications, Client and Service Participant Internet Protocol addresses to ensure the accuracy of the survey data and for system administration purposes, including tracking a web session on our site, so that we know when, how often and what web-pages of our websites are visited. We also use Service Participant’s Internet Protocol address to analyze and develop reports on the number and frequency of Participant’s use of our Services. To prevent the need to re-insert user-name and password as you and your Service Participants move from one page of our websites to the next, we use “cookies” – short pieces of information used by web browsers to temporarily remember information provided by a user. However, cookies are generally deleted once the web browser used to access a web-site is closed.
2. How do we use information?
We use your Client Information in the normal course of our business, including to assist in providing the Services, contact you regarding technical support, discuss billing issues, or to bring to your attention any aspect of our mutual business. We may also use your contact information to provide you with policy or product updates or to introduce new products and services. All Participant Information resides in our database primarily for the benefit of you, our Clients. At your direction, we use a Service Participant’s email address (and perhaps name) to send survey invitations and reminders. We also use Participant Information to improve the performance of our Site and services by analyzing site and user behavior, including frequency of use, troubleshooting technical problems, resolving disputes and to address complaints, and to verify compliance with the Terms of Use. If BLACKOHM intends to use any Information in a manner that deviates from this Privacy Policy we will provide notice of how we intend to use that Information. The use of that specific Information will be used solely as stated in the alternative disclosure.
3. With whom do we share information?
We NEVER sell Information, and we do not share the Information with any third parties except under the following very limited circumstances:
3.1. Participant Information / Client Information internally to provide Services: Our Services are designed to be provided in a convenient and timely fashion. Accordingly, we may provide your information to contracted personnel to provide the Services. We do not share personally identifying information about the Client or Service Participant with any third-party. You may use your own information consistent with your own privacy policy and applicable law. We are not responsible for your improper disclosure or use of any Information obtained from the Services.
3.2. As You Explicitly Allow: We may share or otherwise use your information as you explicitly allow us to and we may share Participant Information as expressly allowed. For example, you may authorize us to release your information to a third party for additional services.
3.3. Agents Acting on Our Behalf: We may share some of your Information with other companies who provide us with technical, billing, and other type of essential supporting services. They will be contractually granted access to only that Information which is necessary for them to do their jobs and they will be prohibited from using the Information for any other purpose including sharing the Information with any other party.
3.4. For Legal Reasons: We may be required to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, and such responses may require disclosure of Information. We may also share your Information to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
However, electronic communications made through our Services may be deemed an “electronic communication” by BLACKOHM. As such, BLACKOHM reserves the right to protect Information that it believes is protected from compelled disclosure pursuant to the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et seq., (“ECPA”) and the Stored Communications Act, 18 U.S.C. § 2701, et seq., (“SCA”), in addition to protections afforded by state law. The protections provided under the SCA and ECPA enable BLACKOHM to prevent governmental authorities from seeking compelled disclosure of certain electronic communications.
3.5. Affiliates and Acquisition: We may share Information with our affiliated/commonly owned companies or during any real or potential acquisition or merger of our company by or with another. We will notify you if your Information becomes subject to a different privacy policy.
3.6. We acknowledge that the use and dissemination of your information is governed by state and federal laws and strive to comply with these mandates at all times.
4. Can the information be changed?
You may update your contact information by contacting us at: info@BlackOhm.com
5. How is the information protected?
Our Services use security measures to protect your Information. Unique user names and passwords must be entered each time a person logs on. Our Service web-sites are hosted in a secure server environment that uses a firewall and other technology to prevent access from outside intruders, in line with prevailing industry standards. Internally, we use security-logs, train our employees, and limit access to BLACKOHM personnel who need to know the Information to deliver the Services. When transmitting sensitive Information, we use encryption technology built into third party applications.
All of our technology and processes are not, however, guarantees of absolute security. Clients must actively protect their Information by maintaining the confidentiality of all usernames and passwords and by adequately installing the appropriate anti-virus programs and security measures on their own systems. You must immediately notify BLACKOHM if any information security breach is suspected.
Contact us at: info@BlackOhm.com
6. Changes in the Privacy Policy:
We reserve the right to modify this Privacy Policy from time to time to reflect improvements. In the event we make such changes, we will announce the changes and post the new policy on our Site. We will also provide advance notice of any material changes to this Privacy Policy, to permit you a reasonable chance to review and consent to the same. Information collected after the new policy is posted will be used in conformance with the new policy. Information gathered under the old policy will continue to be used in conformance with that policy. We may use Information according our new privacy policies, but in such event, we will take reasonable measures to notify Clients of the changes and obtain their consent to use the information in line with the new policy.
General Provisions
- Choice of Law; Consent to Personal Jurisdiction. This Agreement will be governed by and construed according to the laws of the state of Arizona, as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents. Consultant hereby expressly consent to the personal jurisdiction of the state and federal courts for Maricopa County, Arizona, in any mediation, arbitration, or lawsuit for any dispute arising from or related to this agreement.
- Good Faith Dispute Resolution and Choice of Forum. The parties shall use good faith and reasonable efforts to resolve any and all disputes arising from or relating to this Agreement by negotiating with each other first for a period of up to 10 days. If the parties are unable to resolve their disputes within 10 calendar days, any dispute arising from or relating to this Agreement shall thereafter be subject to mediation, which shall be scheduled within 10 days after the parties’ internal efforts fail. After the Parties have exhausted all good faith efforts to resolve any and all disputes arising from or relating to this Agreement themselves or via mediation, thereafter, any disputes between Consultant and Company or any of its former, current or future parents, subsidiaries or affiliates, except claims for equitable remedies such as injunctive relief necessary to prevent irreparable harm, etc., shall be submitted to binding arbitration, to be conducted by AAA according to AAA Commercial Rules of Arbitration, and by an arbiter selected by the parties. The arbitrator shall not ignore, modify or revoke any lawful provision of this Agreement. Any question of whether an issue is subject to arbitration shall be in the sole discretion of the arbiter. The decision of the arbitrator(s) shall be final and may be recorded as a judgment in a court of competent jurisdiction. The location of any arbitration hearing(s) shall be in Phoenix, Arizona, U.S.A.
- This Agreement represents the entire final and complete Agreement between the Parties, and supersedes all prior agreements relating to the subject matter herein, unless otherwise expressly permitted in this Agreement.
- Force Majeure. The Parties contemplate the possibility of events that cannot be reasonably anticipated, including, but not limited to: acts of God; acts of war; strikes; fires; weather; natural disasters; or other similar causes beyond the control of either Party. Upon the occurrence of such event, the Parties shall agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance, including any liabilities for damages.
- No provision of this Agreement can be modified or waived except through writing signed by both Parties.
- Attorney’s Fees. The losing party to any claim under this Assignment shall pay the winning Party’s reasonable attorney’s fees and costs.
- All notice requirements under this Assignment shall be in a signed writing and are considered complete upon delivery via certified mail to the other Party’s address below.
- If any provision of this Agreement is deemed invalid or unenforceable by a court of law, the remainder of this Assignment will remain valid and enforceable.
- Successors and Assigns. This Agreement will be binding upon my heirs, executors, administrators, and other legal representatives and will be for the benefit of the Company, its successors, and its assigns.
- No waiver by the Company of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by the Company of any right under this Agreement shall be construed as a waiver of any other right. The Company shall not be required to give notice to enforce strict adherence to all terms of this Agreement.
- Conflicting Terms. In the event that the terms of this Agreement conflict with the terms of any agreement referenced herein or attached hereto, the terms of this Agreement with supersede and govern the parties.
