Privacy Policy

  1. Introduction

Tier3 Technologies, LLC (“Tier3,” “We” or “Us”) respects your privacy and is committed to protecting it through our compliance with this policy. We have adopted this policy to explain our privacy practices with respect to information that Tier3 may collect about you when you access and use our websites, mobile applications, and online services in connection with our   Eveready Services Platform®, also known as our ESP product (collectively, the “Services”).

Please read this policy carefully to understand our practices regarding information we collect from you or about you and how we will treat it. By accessing or using the Services, you agree to this Privacy Policy. This policy may change from time to time (See Changes to Policy below). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.   As used in this Privacy Policy, “you” and “your” means the individual end user of the Services and the company represented by such end user.

  1. Information We Collect about You and How We Collect It

We collect information relating to you in the following ways:

  • Directly from you when you provide it to us; and
  • Automatically as you use the Services.

This policy does not apply to information that we collect offline or though other services or applications.

  1. Information that You Provide to Us

When you access and use our Services, register with us, download or use our mobile applications, we may ask you to provide information by which you may be personally identified, such as your name, email address, work phone number or other information that is defined as personally-identifiable information under applicable law (“Personal Information”) or that is about you but individually does not identify you.

This information may include:

  • Information that you provide to us directly when using the Services. For example, when you register for or use the Services, you may provide us with your name, email address, and/or work phone number.   We may also collect information when you respond to surveys or report a problem with the Services.
  • Feedback or ratings related to the Services.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Details of the fulfillment of your requests made using the Services.

You also may provide information rating or providing feedback on certain aspects of the Services (collectively, “User Contributions”). Such User Contributions may be used and disclosed as we, in our sole discretion, deem appropriate.

  1. Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information including:

  • Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.
  • Device or Computer Information. We may automatically collect information about your computer, mobile device and internet connection, including the computer or device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Device Monitoring Information. We will automatically collect and aggregate the monitoring information gathered about the devices that are monitored by the Services.
  • Location Information. The Services may collect real-time information about the location of all computers and devices being used to access the Services or being monitored by the Services, as applicable, through GPS, Bluetooth or WiFi signals.

If you do not want us to collect this information do not use the Services. If you have downloaded one of our applications, delete it from your device. For more information, see Choices About How We Collect, Use, and Disclose Your Information

The data collection technologies we use may also include:

  • Cookies (or mobile or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept cookies by activating the appropriate setting on your browser or device, as applicable. However, if you refuse to accept cookies, you may be unable to access certain parts of the Services.
  • Flash Cookies. Certain features of the Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Services. 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 Collect, Use, and Disclose Your Information.
  1. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To provide the Services to you.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account or our Services, including expiration and renewal notices.
  • 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 the Services or any products or services we offer or provide though the Services.
  • To notify you when an update to the Services is available.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

In addition, the usage information that we collect helps us to improve the Services and to deliver a better and more personalized experience by enabling us to:

  • Evaluate usage patterns.
  • Store information about your preferences, allowing us to customize the Services according to your individual interests.
  • Recognize you when you use the Services.

We may also use your information to contact you about additional services that may be of interest to you.

  1. Disclosure of Your Information

We may use and disclose aggregated information about our Services, and information that does not identify any individual or specific device, without restriction.  In addition, we may disclose Personal Information that we collect or you provide:

  • To contractors, service providers, and other third parties we use to support our business operations, provided such parties have entered into a confidentiality agreement to protect such information.
  • 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 Tier3 assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Tier3 about the Services users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Tier3, where permissible and according to local applicable laws.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.  For example, you may elect to give Riverbed Technology, Inc. and/or the independent reseller of Riverbed Technology, Inc. who is your provider, access to your ESP Services.  You must contact Tier3 to arrange for this access.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our ESP Platform Agreement (also available on our website) and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Tier3, our customers, our business partners, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
  1. Choices About How We Collect, Use, and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.

We do provide links and access to third party information and platforms, such as training videos at Youtube.com, through the Services.  Should you access these links and/or third-party information and platforms, please be aware that this Privacy Policy does not govern those resources.    They will be governed by the privacy policies of the applicable third party.

Further, 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.   See http://optout.networkadvertising.org/?c=1.

  1. Accessing and Correcting Your Information

You can review and change your personal information by logging into the Services and visiting your account profile page.

You may also contact us at info@tier3t.net to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. 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.

  1. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at: info@tier3t.net.

  1. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention by third parties of any privacy settings or security measures contained on the Services.

  1. Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this privacy policy to check for any changes.

  1. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at support@tier3t.net or 877-899-7211.

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