Terms & Privacy

Website Terms of Service and Privacy Policy for BlueBin, Inc.

Last Updated: April 1, 2013


TERMS


BlueBin Inc. (“BlueBin”) provides use of its www.bluebin.com website and other online services (collectively, “Service(s)”) to you subject to the following Terms of Service (“TOS”). You can review the most current version of the TOS at any time at ww.bluebin.com/tos. In addition, when using the Services, you shall be subject to any posted guidelines, rules or terms applicable to such Services, which may be posted from time to time. All such guidelines, rules or terms are hereby incorporated by reference into the TOS. BlueBin may also offer other services that are governed by different terms of service.

THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND BLUEBIN AND GOVERNS YOUR USE OF THE SERVICES. BY USING THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO THESE TOS AND BLUEBIN’S PRIVACY POLICY (“PRIVACY POLICY”), LOCATED AT www.bluebin.com/privacy AND ANY OTHER RELATED TERMS AND CONDITIONS LOCATED ON THE WEB SITE(S) OF BLUEBIN, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT AGREE TO THESE TOS, PLEASE DO NOT USE THE SERVICES. In the event any of the terms of this TOS conflict with the Privacy Policy the terms of the Privacy Policy shall govern as to the conflicting terms. If you have any questions regarding these terms and conditions, please contact customer service at info@bluebin.com.

DESCRIPTION OF SERVICE

You understand and agree that the Service may include certain communications from BlueBin, such as service announcements and administrative messages, and that you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the these or other applicable TOS. You also understand and acknowledge that BlueBin may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to you. You understand and agree that the Service is provided “AS-IS” and that BlueBin assumes no responsibility for, among other things, availability, timeliness, deletion, failure to store any user data or communications or personalization settings, or changes to the Service BlueBin may make from time to time. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
The Service is offered for your non-commercial use. Accordingly, except where otherwise stated, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, the Service or any portion thereof, use of the Service, or access to the Service.

BLUEBIN PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.bluebin.com/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by BlueBin and its affiliates.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access or use certain Services, you may be required to provide certain information about yourself (“Registration Data”) as part of the registration process for the Service, or as part of your continued use of the Services. You also agree to: (a) provide true, accurate, current and complete Registration Data as prompted or requested by the Service and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BlueBin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BlueBin has the right to suspend or terminate your account, prevent your access to any or all portion of the Services and or Content (or other users’ access to your Content) and refuse any and all current or future use of the Service (or any portion thereof) or Content. You certify that you are at least 18 years old; if you are not, you may not register for or use the Service.

YOUR USE OF THE SERVICE

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. BlueBin does not control the Content posted by you or other third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BlueBin be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. The Service is provided for informational purposes only. BlueBin and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service.

You agree to not use the Service to:

  a. upload, post, email, transmit or otherwise make available any Content that:

      -violates applicable law, including securities laws;

      -infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party or use, modify or combine the Content in any manner, with any other material, in any       fashion that infringes the Rights of any person

      -you do not solely have the right to make available under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information       learned or disclosed as part of employment relationships or under nondisclosure agreements, or

      -otherwise may create liability or damanges to BlueBin;

  b. impersonate any person or entity, including, but not limited to, a BlueBin official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  c. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any    other form or solicitation, except in those areas of the Service that are specially and specifically designated for solicitation;

  d. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the    functionality of any computer software or hardware or telecommunications equipment;

  e. interfere with or disrupt the Service or servers or networks connected to the Service;

  f. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United    States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

  g. “stalk” or otherwise harass another; and/or

  h. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.

You acknowledge that BlueBin may or may not pre-screen Content, but that BlueBin and its designees shall have the right (but not the obligation) to remove Content from the Service that BlueBin determines, in its discretion, may create liability or damages to BlueBin. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that the Content is made available to you without any warranties by BlueBin of any kind, and that you may not rely on any Content created by BlueBin or submitted to BlueBin or provided by the Service.

You acknowledge, consent and agree that BlueBin may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of BlueBin, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service, BlueBin Software and any other software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BlueBin and/or content providers who provide such materials to the Service. You may not attempt to override or circumvent any digital rights management technology or usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

BlueBin does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to BlueBin and all users of the Service a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. Additionally, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you represent and warrant that: (a) you have the right to grant such license and make such Content available to BlueBin and its licensees, including users of the Service; (b) none of the Content you provide contains any data or information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party; and (c) neither the delivery to nor use by BlueBin or its licensees, including users of the Service, of such content shall violate or infringe the rights of any third party.

OBJECTING TO CONTENT

If you believe that any Content provided through the Service infringes your copyright, you may notify BlueBin at info@bluebin.com.

CONTRIBUTIONS TO BLUEBIN

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to BlueBin through its suggestion or feedback web pages or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BlueBin is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BlueBin shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BlueBin may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of BlueBin without any obligation of BlueBin to you; and (f) you are not entitled to any compensation or reimbursement of any kind from BlueBin under any circumstances.

USE AND STORAGE

You acknowledge that BlueBin may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum size of any or all Content files, the maximum disk space that will be allotted on BlueBin’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time, and/or any other condition of the Service. You agree that BlueBin has no responsibility or liability for the deletion or failure to store any Content, messages and other communications or other materials or Content maintained or transmitted by the Service. You acknowledge that BlueBin reserves the right, for any reason and without further notice, to log off, suspend, terminate or otherwise restrict or prohibit access to any and all Content or materials, and any and all accounts that are inactive for an extended period of time or for any other reason. You further acknowledge that BlueBin reserves the right to modify these general practices and limits from time to time without prior notice.

MODIFICATIONS TO SERVICE

BlueBin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You also understand and acknowledge that BlueBin may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to you. You agree that BlueBin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, any of its features, functions or other aspects. You acknowledge that the Service is or may be provided, as identified to you on the applicable Service-related web page, with or without cost, on a trial, demo, beta or other basis, and that BlueBin may change, at any time, the conditions of your accessibility to the Service.

TERMINATION

You agree that BlueBin may, under certain circumstances and without prior notice, immediately terminate your BlueBin account, any associated email address, and access to the Service and/or any and all Content or materials. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your BlueBin account includes: (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations shall be made in BlueBin’s sole discretion and that BlueBin shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service or Content.

LINKS

The Service may provide, or third parties may provide, links to other web sites or resources. Because BlueBin has no control over such sites and resources, you acknowledge and agree that BlueBin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that BlueBin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

CHARGED OFFERINGS AND FEES

The Service may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Service may require payment. You may also be provided “trial”, “demo”, “beta” or other limited-functionality or limited-access versions of the Service and/or its parts with or without charge. In addition to any fees required to access certain features, capabilities, functions or services offered through or by the Service (“Charged Offerings”), you are responsible for paying all applicable taxes (including, but not limited to those we are not required to collect) and for all third party hardware, software, service and/or other costs you may incur in order to access the Service and your account. Neither these TOS nor your account entitle you to any subsequent releases of the Services, nor to any for-pay features, products, capabilities, features, upgrades or services offered, distributed or made available through the Service without paying applicable charges or except as otherwise expressly and explicitly provided by BlueBin. All or some of the Service may need to be downloaded to your computer and/or accessed online. You must have authorized and separate Service access for each account you wish it to be enabled for and, where applicable, you must download and install any necessary software on each machine on which you wish to use and access the Service. You understand that we may modify, update or otherwise enhance the Service or any part thereof at any time and in doing so incur no obligation to furnish such changes or updates to you pursuant to these TOS (regardless if for free or payment). Installation, access to and use of Charged Offerings provided or distributed through or with the Service are subject to your payment of the applicable fees (“Fees”) and other terms of this TOS.

Any applicable Fees and billing procedures for the Charged Offerings may be found at www.bluebin.com (“Payment Terms”), which are incorporated herein by this reference and are subject to change at any time without prior notice to you. All Fees are in U.S. dollars unless specifically identified otherwise. All Fees are non-refundable. Upon your acceptance of these TOS and/or the access, download or use of the Services (or any of its components), you hereby acknowledge and agree that BlueBin has the unqualified right, and you hereby authorize BlueBin, to automatically charge your credit card (or other authorized payment method) the applicable sales price, subscription, account fee and/or other Fees as applicable, as identified in the Payment Terms, plus any applicable taxes and other surcharges BlueBin is required to collect (if any). Thereafter, each time your subscription or account comes up for renewal, or other payment is due by you under the Payment Terms, you hereby acknowledge and agree that BlueBin has the unqualified right, and hereby authorize BlueBin, to automatically charge your credit card (or other authorized payment method) the applicable then-current renewal rate (or other due amount) plus any applicable taxes BlueBin is required to collect (if any) and any other applicable Fees. If BlueBin does not receive timely payment (as provided in the applicable Payment Terms) and/or is unable to process your credit card (or other authorized payment method) by or at time payment is due (“Payment Failure”) for the full amount of the Fees due, your right(s) to access and otherwise use the Service and/or applicable portions thereof immediately terminate(s), and may remain terminated unless or until the proper payment is made and accepted by BlueBin. Additionally, upon Payment Failure, BlueBin may, in its sole discretion, terminate your account without prior notice.

Converting an account and/or specific Service version or offering, including but not limited to trial or limited functionality rights offerings, to an enhanced account and/or fee-based version of the Service or other paid account, version or other Charged Offering may result in the loss of access to the information or other data associated with your use of the free or non-paid version of the Service.

You may terminate your account at any time. You will not receive full or partial refunds for subscription periods that you have purchased. Terminating a subscription for one Charged Offering does not necessarily terminate right(s) you may have for another Charged Offering, other portion of the Service, software or other offerings from BlueBin.

BLUEBIN’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service, BlueBin Software and any other necessary software provided in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to you through the Service is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by BlueBin, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the BlueBin Software or other software or materials, in whole or in part.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND BLUEBIN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) BLUEBIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLUEBIN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

You understand that the Service may evolve over time and, accordingly, you may need to upgrade your computer hardware, software and/or system (or obtain a new system) to use the Service or access or use the Content or other materials therein. Depending on your particular computer system, or other factors, your experience using and interacting with the Service may change or vary. BlueBin makes no warranties with respect to your system’s particular performance or capabilities with respect to the Service, software, Content or other materials provided hereunder. You also understand and acknowledge that BlueBin may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Service at any time without prior notice to you and without liability of any kind whatsoever to you or any third party.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUEBIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUEBIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold BlueBin and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Service, your use of the Service; or (b) your connection to the Service, your violation of the TOS, or your violation of any rights of another.

TRADEMARKS

BLUEBIN, the BlueBin Logo, and other BlueBin logos and product and service names are or may be trademarks of BlueBin (the “BlueBin Marks”). Without BlueBin’s prior written permission, and except as solely enabled by any link as provided by BlueBin, you agree not to display or use in any manner the BlueBin Marks.

AMENDMENTS

This TOS is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our site. Any changes to this TOS will be effective no later than thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

GENERAL

The TOS constitutes the entire agreement between you and BlueBin concerning your use of the Service, superseding any prior agreements between you and BlueBin with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BlueBin services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and BlueBin shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and BlueBin agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Seattle, Washington. The failure of BlueBin to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The section titles in the TOS are for convenience only and have no legal or contractual effect.


PRIVACY POLICY


Privacy is very important to us. Please read this document carefully. This policy covers how BlueBin treats Personally Identifiable Information (“PII”) that BlueBin collects and receives, including information related to your past use of BlueBin products and services. Personally identifiable information is information about you that can be traced directly back to and identifies an individual. PII includes your name, address, employer, email address, or phone number.

By using this Site, you signify your assent to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use this site. This Privacy Policy may change from time to time, so please check back periodically to ensure that you are aware of any changes. Your continued use of the BlueBin website will signify your acceptance of these changes.

SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies only to PII collected by BlueBin through software installation or visitation to the website where this Privacy Policy is posted (the “Site”) and does not apply to any other information collected by BlueBin and its affiliated entities through any other means. BlueBin and its affiliated entities are collectively referred to in this Privacy Policy as “BlueBin,” “we,” “us” or the “Site.” It is important for you to understand this because BlueBin allows you to navigate away from our Site at times to websites controlled by third parties (some of which we have a relationship with). When you click on one of those links, you leave the BlueBin site, at which point our Privacy Policy no longer applies. We provide a notice warning our users when they are leaving our Site. We encourage you to review the Privacy Policies of any site you link to from BlueBin.

THE INFORMATION WE COLLECT

BlueBin collects personal information when you register with BlueBin, or when you use BlueBin products or services. In registering with BlueBin, you must provide us with your real name, e-mail address, phone number, and shipping address. In addition, for certain licensees, BlueBin may require additional information, such as date of birth or other student verification information. Whenever you visit the BlueBin website, BlueBin also receives and records information on our server logs from your browser, including your IP address, BlueBin cookie information, and the pages you request, and relates it to the PII you provide. BlueBin uses this information for the following general purposes: to fulfill your requests for products and services, to improve our products and services, to contact you, conduct research, and provide anonymous reporting for internal and external clients. Once you have registered or have purchased BlueBin products, we reserve the right to send you certain communications relating to the BlueBin service, such as service announcements, administrative messages and the BlueBin Newsletter, that are considered part of your BlueBin account, without offering you the opportunity to opt-out of receiving them.

HOW WE USE YOUR PERSONAL INFORMATION

We use PII for internal and Service-related purposes only. BlueBin does not rent, sell, or share PII about you with other people or nonaffiliated companies, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances: we provide the information to trusted partners who work on behalf of or with BlueBin under confidentiality agreements. These companies may use your PII to help BlueBin communicate with you about offers from BlueBin and our marketing partners. However, these companies do not have any independent right to share this information.

Credit card information is used only for payment processing and fraud prevention. Credit card information and other sensitive personal information required to process a purchase is not used for any other purpose by our financial services providers or us and will not be kept longer than necessary for providing the services offered by us.

We may disclose PII in response to legal process, for example, in response to a court order or a subpoena. We also may disclose PII in response to a law enforcement agency’s request, or where we believe it is necessary 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 Service, to verify or enforce compliance with the policies governing our products and applicable laws, or as otherwise required or permitted by law or consistent with legal requirements. In addition, we may transfer PII about you if we or one of our business units are acquired by, sold to, or merged with another company.

We reserve the right to transfer all PII in our system in the event that BlueBin, is sold, merged or otherwise assigned such that control rests with a different entity.

WHAT COOKIES AND WEB BEACONS ARE AND HOW WE USE THEM

Our Site uses a software technology called “cookies.” Cookies are small text files that we place in visitors’ computer browsers to store their preferences. Cookies themselves do not contain any PII. “Web beacons” are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on our Site from time to time for this purpose.

WHAT INTERNET PROTOCOL ADDRESSES ARE

An Internet protocol (“IP”) address is the unique number assigned to your server or Internet Service Provider (“ISP”). BlueBin may track such IP addresses for system administration, to report aggregate information, site tracking, or to prevent our servers from being abused.

COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND SPONSORS

Our Site contains links to other Web sites, including those of our partners and sponsors, whose information practices may be different from ours. Sometimes these third party websites might conduct contests or sweepstakes that are promoted on our Site and visitors are directed away from our Site in order to participate in such contests or sweepstakes. Visitors should consult those other third party websites’ privacy notices, since those websites are not covered by our Privacy Policy and may follow different procedures.

HOW WE SECURE YOUR INFORMATION

We have taken steps to assure that all information collected will remain secure and in its original form, i.e. free from any alteration. As such, access to all personal information is strictly controlled. We have put in place appropriate physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

We are particularly sensitive to visitors’ security concerns regarding the use of credit cards to purchase BlueBin’s products For orders placed on our Site, we use a technology that automatically encrypts credit card data while information is being transmitted over the Internet, provided that the visitor’s browser supports the Secure Socket Layer protocol (SSL).

To verify the security of your PC’s web connection at our Service, check the lower left corner of your browser window after accessing the server. If you see an unbroken or a closed lock, then SSL is active and the server is secure. You may also check by looking at the URL line of your browser. When accessing a secure server, the Site address will change from “http” to “https”.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you do not want your name and contact information to be shared with any company or organization, you may notify us at any time by writing to us at the email and or regular mail address below.

USE OF OUR ONLINE FORUMS

We offer you the ability to post information and exchange ideas. We caution all users not to disclose any PII as part of their posts, even if requested to do so by other posters. BlueBin will not be responsible in the event that you disclose PII in your posts or during any other communication with other site users. You acknowledge and agree that content provided by others (“Other User Content”) may include content owned by independent content providers (including other users), and licensed to us. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Other User Content. We do not pre-screen Other User Content as a matter of policy, but we reserve the right, but do not undertake the responsibility, to remove Other User Content at any time that we deem it to be harmful, offensive, or otherwise in violation of this Agreement.

HOW TO CONTACT US

If you have questions or suggestions, please email BlueBin at info@bluebin.com or call us at 1-855-896-2467. Written communication should be sent to BlueBin Inc., 4616 25th Avenue, NE #764 Seattle, WA 98105.

WHAT TO DO IF YOU WANT TO CORRECT OR REVIEW YOUR PERSONAL INFORMATION

Upon request, we will provide an individual with access to identifying information that we have collected about them (provided that they have given proof of identity). This information can be requested by sending us an e-mail through the e-mail link provided above or writing to us at the above address. We offer individuals the ability to have inaccuracies corrected within their contact information. This information can be corrected by sending us an e-mail through the e-mail link provided above or writing to us at the above address.

HOW WE MAY UPDATE OUR PRIVACY POLICY

From time to time, we may use PII for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change we will immediately post any adjustments to our policy on this website. This will serve as your notification of these changes. If you are concerned about how your information is used, bookmark this page and check back periodically.