Bleu Tech Enterprises, Inc.

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Website and Bleu POS App Privacy Policy

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Effective Date: October 26th 2021

Bleu Tech Enterprises, Inc. (“Bleu”, “we”, “us”, or “our”) recognizes the importance of privacy. In this privacy policy (“Policy”), we describe how we collect, use, and disclose information that we obtain from (i) visitors to our website www.bleuco.com (the “Site”), and associated subdomains; (ii) the Bleu Payer SDK Consumer (the “Bleu Payer SDK,” collectively the SDKs) and (iii) the services available through the Site and the SDKs (collectively, the “Services”).

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By visiting the Site, downloading the SDKs, or using any of our Services, you agree that any information that we collect from or about you through our Services, including Personal Information, anonymous information, and aggregate information (collectively, “Information”), will be handled as described in this Policy. We define “Personal Information” to mean personally identifiable information about an individual person, such as a name, address, email address, phone number, or other identifier that permits contacting of a specific individual, or such other definition that applies under applicable privacy laws.

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Your use of our Services and any dispute over privacy, is subject to this Policy and our Terms of Use, including the applicable limitations on damages and the resolution of disputes set forth therein. Our Terms of Use are incorporated by reference into this Policy.  Capitalized terms not defined herein are as defined in the Terms of Use.

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Information We Collect

We collect Information directly from you, from third parties, or automatically through your use of the Site, the SDKs, or ourServices. We may combine all of the Information from various sources.

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Information We Collect Directly from You.

We may collect Information directly from you on the Site and the SDKs. For example, we will collect your name, user name, email address, password, phone number, billing address, payment information and, if you are a Merchant, business information (e.g., company name and business point of contact), if you create an Account with us (which is not required in order to browse the Site).  We will also collect any other Information that you choose to provide to us, such as the contents of a message that you submit through the Site or the SDKs.

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Information We Collect Automatically.

We automatically collect Information through your use of the Site, the SDKs, or the Services using cookies and other technologies, like most other web-based services. This Information may include, without limitation, information about your operating system, settings and system configurations, IP address, device model, device ID and other unique device identifiers, the webpages you access within our Site, what you view within the SDKs, the website that led you to the Site or the SDKs, the website to which you go after leaving the Site or the SDKs, links you click within the Site or the SDKs, the dates and times you access the Site or the SDKs, event information (e.g., system crashes), and web log data.

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We will also automatically collect information about Consumer purchases through the Bleu Payer SDK, including, without limitation, which items you purchase, how often you make purchases, and how much you pay for those purchases.

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We may also automatically collect Consumer geolocation information through the Bleu Payer SDK, including, without limitation, your presence in a particular Merchant’s place of business, as well as the times you enter and leave the Merchant’s place of business. You may opt out of sharing your geolocation by Opting-out of the Bleu services.

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Aggregated Data.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data may be derived from your Personal Information but is not Personal Information. For example, we may aggregate Site usage data to calculate the percentage of users accessing a specific Service feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.

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How We Use Your Information

We use Information, including Personal Information, for the following purposes:

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Providing Our Services.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose (“Aggregated Data”). Aggregated Data may be derived from your Personal Information but is not Personal Information. For example, we may aggregate Site usage data to calculate the percentage of users accessing a specific Service feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Policy.

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Aggregated Data.

To provide and enhance our Site, the SDKs, and our Services and for other customer service purposes and to ensure that our content associated with the Services is most effective for you and your device.

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Communicating with You or Others.

To communicate with you, including via email, about our Services; to respond to your inquiries; to provide you with news and newsletters, special offers, and promotions; to contact you about products or information we think may interest you; and for other marketing, advertising, and promotional purposes.

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Marketing and Advertising.

To provide you with news and newsletters, special offers, and promotions, including via email; to contact you about products or information we think may interest you; and for other marketing, advertising, and promotional purposes; in each case from which you can unsubscribe at any time. We will procure your consent prior to initiating any marketing or advertising messages to the extent consent is required under applicable privacy and data protection laws.

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‍Analyzing Use of Our Services.

To better understand how users access and use our Site, the SDKs, and our Services, both on an aggregated and individualized basis; to respond to user desires and preferences; for other research, analytical, and statistical purposes; and to monitor the security or your use of the Services.

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To Protect Rights and Interests.

To protect our rights and interests as well as the rights and interests of our Merchants, Consumers, users of our Site, the SDKs, or the Services; and any other person – as well as to enforce this Policy and our Terms of Use.

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Complying with the Law.

To comply with applicable legal obligations, including law enforcement or governmental requests for information.

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How We Disclose Your Information

We may disclose Information, including Personal Information, with the following entities:

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Affiliates.

We may disclose Information to any current or future affiliates, parent companies, or subsidiaries.

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Service Providers.

We may disclose Information to vendors, service providers, agents, contractors, or others who perform functions on our behalf.  These Service Providers have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

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Merchants.

The Bleu Payer SDK is designed to facilitate a relationship between Consumers and Merchants who use Bleu technology to accept payments.  We therefore will disclose Consumer Information to such Merchants. The Information that we provide to Merchants includes Consumer Personal Information (such as Consumer names, email addresses, and other profile information that Consumers provide) as well as automatically collected information (such as the length of time Consumers are in a merchant’s place of business and the items Consumers purchased). Merchants who receive Information may use such Information for their own marketing purposes. Please see the Additional Terms for California Residents section below with regard to such disclosures.

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We may also disclose Information, including PersonalInformation, for the following purposes:

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Business Transfers.

We may disclose Information to another entity if we are acquired by or merged with another company, if we sell or transfer a business unit or assets to another company, as part of a bankruptcy proceeding, or as part of any other similar business transfer. If another company acquires our business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Policy.

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Legal Compliance.

We may disclose Information in order to comply with the law, regulation, a judicial proceeding, subpoena, court order, or other legal process, including law enforcement or governmental requests for information; provided, however, that to the extent we are legally permitted to do so and it is practicable to do so, we will seek to notify you prior to sharing your Personal Information pursuant to this section.

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Protecting Rights and Interests.

We may disclose Information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

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Aggregate and De-Identified Information.

We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, or other purposes.

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We and our service providers use cookies and other tracking mechanisms to track your use of the Site, the SDKs, and the Services.

We may disclose Information, including Personal Information, with the following entities:

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Cookies.

We or our service providers may use cookies to track visitor activity on our Site. A cookie is a text file that a website transfers to your computer’s hard drive for record-keeping purposes. We or our service providers may use cookies to track user activities on our Site, such as the pages visited and time spent on our Site. Most browsers allow users to refuse cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies may not be able to browse certain areas of the Site.

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Clear GIFs, pixel tags and other technologies.

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, which are embedded invisibly on web pages. We or our service providers may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our Site to track the activities of visitors to our Site, help us manage content, and compile statistics about usage of our Site. We or our service providers may also use clear GIFs in HTML emails to our users, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

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Local Storage Objects.

We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

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Do Not Track.

Our Site does not respond to Do Not Track signals sent by your browser at this time. You may disable certain tracking as discussed in this section (e.g., by disabling cookies).

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Third-Party Analytics

We use service providers, such as Google Analytics, to evaluate the use of our Site, the SDKs, and our Services. We or our service providers use automated devices and applications to evaluate use of the Site, the SDKs, and our Services. We or our service providers use these tools to help us improve the Site, the SDKs, our Services, their performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or Flash LSO, to perform their services.

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Third-Party Links

The Site, the SDKs, and the Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

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Security

We have taken steps to help protect the Personal Information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security.

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If you have an Account with us, you should take steps to protect against unauthorized access to your account by, among other things, choosing a strong password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

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Please note that your communications with Bleu Tech (e.g., your email inquiries) are not encrypted. We strongly advise that you not communicate any confidential information to us via these means.

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Data Retention

We retain your Personal Information for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.

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Your Choices

If you have an account with us, you may modify the Personal Information that you have submitted within your account profile or by emailing us at privacy@bleuco.com.  

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We may send periodic promotional or informational emails to you. You may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.

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Children

Our Site is not targeted to children under thirteen (13) years of age. If we discover that a child under thirteen (13) has provided us with Personal Information, we will promptly delete such Personal Information from our systems.

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Contact Us

If you have questions about the privacy aspects of our Site, the SDKs, or Services, or you wish to exercise any legally-granted rights with regard to your Personal Information, please contact us at privacy@bleuco.com.

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Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on the Site and the SDKs. If we make any changes to this Policy that materially affect our practices with regard to the Information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on the Site and the SDKs.

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Miscellaneous

The Site, the SDKs, and Services are controlled and operated from facilities in the United States.  Except as expressly set forth in this Agreement, on our Site, the SDKs, our official marketing materials, or those of our authorized resellers, Bleu makes no representations that the Services are appropriate or available for use in other locations.  However, if you use the Site, the SDKs, or Services, you understand and acknowledge that your Personal Information will be transferred to, processed and stored in, the United States, which may have less comprehensive privacy laws that the country in which you are based.

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Additional Terms for California Residents

If you are a resident of California, the following California-specific provisions apply:

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California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are aCalifornia resident and provide a current California address for your response.You may request this information in writing by contacting us at: privacy@bleuco.com. Please allow up to thirty(30) days for a response.

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Additional Terms for Australia & New Zealand Residents

If you are a resident of Australia or New Zealand, the following Australia and New Zealand-specific provisions apply:

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Unsolicited Personal Information

If we collect Personal Information about you that we did not solicit, we will, within a reasonable period after receiving the information, determine whether or not we could have lawfully obtained the information if solicited. If we determine that we could not have lawfully obtained the Personal Information, we will, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified. If we could have lawfully obtained the information, then Australian Privacy Principles 5 to 13 or New Zealand Information Privacy Principles 5 to 13 will apply in relation to the information, as though we had collected the information pursuant to Australian Privacy Principle 3 or New Zealand Information Privacy Principle 1, as applicable.

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Access and Correction

You are entitled to access your Personal Information held by us on request by contacting us using the contact details set out above. You will not be charged for making a request to access your Personal Information but, where permitted, you may be charged for the reasonable time and expense incurred in compiling information in response to your request. If you believe any Personal Information we hold about you is inaccurate, out-of-date, incomplete, or irrelevant, you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information. If you are in New Zealand, we may impose a reasonable charge for responding to the correction request. We may decline your request to access or correct your Personal Information in certain circumstances in accordance with the Australian Privacy Principles or New Zealand Information Privacy Principles. If we do refuse your request, we will provide you with written reasons for our decision.