Privacy Policy

Last modified: August 7, 2024

1. Introduction
   Nice North America LLC, our subsidiaries (including without limitation, Intellivision) (“Nice North America”, “we”, “our” or “us”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you use our mobile applications including without limitation: the Linear Smart Garage Door App, Amarr Entrematic Garage Door Controller and the Mighty Mule Smart Control App (collectively “Apps”) or visit our websites including without limitation: nortekcontrol.com, linear-solutions.com, numera.com, corebrands.com, mightymule.com, 2gig.com, and elancontrolsystems.com (the “Websites”, and collectively with the Apps, “Apps/Websites”). Additionally, this policy describes our practices for collecting, using, maintaining, protecting and disclosing that information.

   This policy applies to information we collect:

   • On this Website.
   • On our subsidiaries’ Websites.
   • Through our Apps.
   • In e-mail, text and other electronic messages between you and Apps/Websites.

   This policy does not apply to information collected by us offline or through any other means not expressly stated in this policy.

   Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should not access or use our Apps/Websites. By accessing or using our Apps/Websites, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy below). If you have questions or concerns, please contact dataprivacy@niceforyou.com.

2. Children Under the Age of 16
   Our Websites are not intended for children under 16 years of age. No one under age 16 may provide any information to or on our Apps/Websites. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on or through the Apps/Websites or on or through any of their features, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at dataprivacy@niceforyou.com
3. Information We Collect About You and How We Collect It
   We may collect several types of information from and about users of our Apps/Websites, including information:
   • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, IP addresses, pictures, videos, or any other identifier by which you may be identified online or offline (“personal information“);
   • that is about you, but does not identify you; and/or
   • about your internet connection, the equipment and devices you use to access our Apps/Websites and usage details.

   We may collect this information:

   • directly from you when you provide it to us;
   • automatically as you navigate through the Websites;
   • through our Apps;
   • through cookies, web beacons and other tracking technologies; and/or
   • from third parties, for example, our service providers or our business partners.
4. Information You Provide to Us
   The information we collect on or through our Apps/ Websites may include:
   • Information that you provide by filling in forms on our Apps/ Websites. This includes information provided at the time of subscribing to one of our services, posting material or requesting further services.
   • Residential addresses, business names, business addresses, phone number(s), sales leads, contact information for third parties that may include individuals’ names, phone numbers, addresses, email addresses, which some of which information may contain personal information.
   • We may also ask you for information when you report a problem with our Apps/Websites.
   • Records and copies of your correspondence (including e-mail addresses), if you contact us.
   • Your responses to surveys that we might ask you to complete for research purposes.
   • You may be requested to provide financial information in connection with sales leads through our Apps/Websites or service partner websites.
5. Information We Collect Through Automatic Data Collection Technologies
   As you navigate through and interact with our Apps/Websites, we may use automatic data collection technologies to collect certain information about your devices, data, equipment, browsing actions and patterns, including:
   • Details of your visits to our Apps/Websites, including traffic data, location data, logs and other communication data and the resources that you access and use on the Apps/Websites;
   • Information about your devices, computer and internet connection, including your IP address, operating system and browser type;
   • Information about the status of connected devices to our Apps/Websites; and
   • Location data to enable certain services, including without limitation geofencing, and improve our understanding of sales activities.

   We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). See below for information on how you can opt out of behavioral tracking on the Apps/Websites and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

   The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Apps/Websites and to deliver a better and more personalized service, including by enabling us to:

   • Estimate our audience size and usage patterns;
   • Store information about your preferences, allowing us to customize our Apps/Websites according to your individual interests;
   • Speed up your searches; and
   • Recognize you when you return to our Apps/Websites.

   The technologies we use for this automatic data collection may include:

   • Cookies (or browser cookies). A cookie is a small file placed on your device or computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Apps/Websites.
   • Flash Cookies. Certain features of our Apps/Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Apps/Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
   • Web Beacons. Pages of the Apps/Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs pixel tags and single-pixel gifs) that permit Nice North America, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

   We may tie this information to personal information about you that we collect from other sources or you provide to us.

   Do Not Track. As discussed above, because we may track Apps/Websites usage information through the use of cookies, pixels and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of cookie information. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.

6. Third-party Use of Cookies and Other Tracking Technologies
   Some content or applications, including advertisements, on the Apps/Websites may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Apps/Websites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content.We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
7. How We Use Your Information
   We use information that we collect about you or that you provide to us, including any personal information:
   • To present the Apps/Websites and its contents to you;
   • To provide you with information, products or services that you request from us;
   • To fulfill any other purpose for which you provide it;
   • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
   • To notify you about changes to our Apps/Websites or any products or services we offer or provide though it;
   • To allow you to participate in interactive features on or through the Apps/Websites;
   • To identify the location(s) where products have been sold;
   • To send you notifications/updates about the Apps and offer you the chance to test such updates, and to notify you about new capabilities of the Apps;
   • In any other way we may describe when you provide the information; and
   • For any other purpose with your consent.

   We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.

   We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

   We collect location-based information in order to provide specific location-based services which you may request. You understand that certain location-based services require a location to function properly, and your use of our services on your devices and our connected products with such features enabled signifies your agreement to use your location for such purposes.

8. Disclosure of Your Information
   We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

   We may disclose personal information that we collect or you provide as described in this privacy policy:

   • To our subsidiaries;
   • To contractors, service providers and other third parties we use to support our business;
   • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Nice North America’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Nice North America about the Apps/Websites users is among the assets transferred;
   • To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
   • To fulfill the purpose for which you provide it;
   • For any other purpose disclosed by us when you provide the information;
   • With your consent;

   We may also disclose your personal information:

   • To comply with any court order, law or legal process, including to respond to any government or regulatory request;
   • To enforce or apply our terms of use and other agreements, including for billing and collection purposes; and
   • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Nice North America, our customers or others;
9. Choices About How We Use and Disclose Your Information
   You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Apps/Websites may then be inaccessible or not function properly.

   We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

10. Legal Bases for Using Personal Information
    Nice North America relies on the following legal bases when using your personal information:
    • Performance with Consent – We may process your personal information if you have provided express consent to the use that we specify.
    • Performance of a Contract– It may be necessary that we process your personal data in order to perform the agreement that you have with us.
    • Legitimate Interests –It may be necessary to use your personal information for our legitimate interests. For example, we may process your personal information to develop and improve our sites, products and/or services for the benefit of our customers and dealers.
11. Your Personal Information Rights
    You have the ability to control your personal information that you provide us. Pursuant to local law, you may:
    • Request a copy of your personal information that we have collected and stored;
    • Request that your personal information be corrected;
    • Request that your personal information be erased, blocked, or restricted;
    • Object to our use of your personal information; and
    • Request that we transfer your personal information to a third party.
12. Accessing and Correcting Your Information
    You may send us an e-mail at dataprivacy@niceforyou.comto request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Proper access and use of information provided on the Apps/Websites, including User Contributions, is governed by our terms of use.
13. How Your Personal Information is Stored
    • Your personal information is stored and processed where we or our subsidiaries are located and maintain facilities.
    • Your personal information is secured by our own technical and organizational measures and industry standards in order to protect your personal information and help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. We are committed to ensuring that our third-party data center vendors provide adequate security measures. Further, your data is protected with encryption during transmission over the Internet. Moreover, your password is stored using one-way hash, which means that it cannot be recovered (or disclosed).
    • Your personal information is retained for as long as we deem it necessary to enable you to use our Apps/Websites, for Nice North America to provide services to you, to comply with applicable laws, resolve disputes with any parties, and otherwise as necessary to allow us to conduct our business. All personal information we retain will be subject to this Privacy Policy and our internal retention guidelines. If you have a question about a specific retention period for certain types of personal information we process about you, please send an email to dataprivacy@niceforyou.com.
14. Your California Privacy Rights
    California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of personal information that were disclosed to them. If you are a California resident and you wish to make such a request, you may contact us at dataprivacy@niceforyou.com, or write to us at Nice North America located at: 5919 Sea Otter Place, Suite 100, Carlsbad, CA 92010.

    We may provide you the ability to post information on or through the Apps/Websites. If you are a California resident who is under 18 and a registered user of the Apps/Website and you are unable to remove content or information you posted in a public area of the Apps/Websites by following the instructions provided on the Apps/Websites, you may request removal by contacting us at dataprivacy@niceforyou.com. When requesting removal please be specific about the information or content you want removed and provide the URL for each page on the Website where it is located, or the screen location of the Apps. We are not required to remove any content or information: (a) that federal or state law requires us or a third party to maintain; (b) that was not posted by you, the registered user; (c) that we anonymize so that you cannot be identified; (d) with respect to which you don’t follow our instructions for removing or requesting removal; or (e) for which you received compensation or other consideration for providing. REMOVAL OF YOUR POSTED CONTENT OR INFORMATION FROM THE APPS/WEBSITES DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.Also, some content and information you post that has been copied or reposted by a third party is outside of our control and will not be removed.

15. Data Security
    We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Apps/Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Apps/Websites.
16. Changes to Our Privacy Policy
    It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Apps/Websites and this privacy policy to check for any changes. We encourage you to review our privacy policy regularly to catch any updates. If there are material changes to the privacy policy or in how we use your personal data, we will post a notice of such changes before they take effect or send you a direct notification.
17. Personal & Mobile Device Location Data
    User Profile details entered via our applications–which may include passwords, PIN codes, biometric data (e.g. face recognition profiles) and mobile device location data–are stored locally on a user’s device. All interactions between a user’s mobile app and their Nice-branded device are encrypted. We never share any of the above-mentioned data with 3rd parties.
18. Contact Information
    To ask questions or comment about this privacy policy and our privacy practices, contact us at:

    dataprivacy@niceforyou.com
    5919 Sea Otter Place, Suite 100
    Carlsbad, CA 92010