Your privacy is important to Tend. Therefore, Tend is committed to respecting your privacy and the confidentiality of your personal data, traffic data and communications content.
Tend Insights, Inc., incorporated under the laws of California, having their registered office at 46567 Fremont Blvd., Fremont, CA, is collecting and processing your personal information under this Privacy Statement.
This Privacy Statement is designed to assist you in understanding how Tend uses and safeguards the information you provide in using Tend’s video streaming software (Tend IM), using Tend’s websites, and purchasing products and services through Tend’s websites.
What is Tend and what products does it offer?
What information does Tend collect?
How does Tend use this information and for what purpose?
To whom does Tend transfer your personal information?
What are cookies and how does Tend use them?
Information outside Tend's control
How does Tend protect your personal information?
Personal Data of Friends
Can this Privacy Statement be modified?
What rights do you have and how can you contact Tend?
How long is your personal data kept by Tend?
1. WHAT IS Tend AND WHAT PRODUCTS DOES IT OFFER?
Tend Inc. offers the communication software Tend IM, MobileWatch, iSecurity+ and other applications, which may be added, extended or changed from time to time. Tend also sells cameras and other products and related services through its websites.
2. WHAT INFORMATION DOES Tend COLLECT?
Tend may gather and process information about you, including (but not limited to) information in the following categories:
(a) Identification data (name, address, telephone, email address etc.);
(b) Profile information (e.g. age, sex, country of residence etc.)
(c) Electronic identification data (addresses IP, cookies, etc.);
(d) Banking and payment information (credit card information, account number, etc.);
(e) Survey result and usage information;
(f) Products or services ordered and delivered;
(g) Video and sound data which are passed through Tend server. (This does not include the Video/Audio data in p2p session. Please refer to Article 6 for more details)
(h) List of your contacts;
Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the IM and Video Session, access history, etc.).
3. HOW DOES Tend USE THIS INFORMATION AND FOR WHAT PURPOSE?
Our primary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized experience. Tend collects and processes, or has third party service providers acting on Tend’s behalf collecting and processing, personal data relating to you, as permitted or necessary to:
- provide communication products, in particular to convey the communications you make by means of the Tend software and/or the Tend products;
- take, process or deliver orders made via our websites, invoice you or notify you of the status of your order;
- provide other services for you (as described when we collect the information);
- register products that you have purchased with the manufacturer or service provider for warranty or technical support;
- provide you with customer support and troubleshoot problems;
- compare information for accuracy;
- inform you about service updates and faults;
- request feedback or participation in on-line surveys;
- resolve disputes;
- verify your identity;
- customize, measure, and improve Tend software, our products and websites content and layout;
- create an eCommerce ecosystem combining the Tend group entities' services;
- provide and invoice certain joint services with other Tend group entities;
- organize and carry out Tend's and/or Tend group's marketing or promotional operations/offers, contests, games and similar events; and
- protect your, Tend's and Tend group entities' interests, including in particular to enforce our Terms of Service and fight against fraud, (together, the Purposes).
4. TO WHOM DOES Tend TRANSFER YOUR PERSONAL INFORMATION?
Except as provided below, Tend shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.
Tend may share your information with Tend group entities for certain purposes, and in particular insofar as necessary to (1) create an eCommerce ecosystem combining the Tend group entities’ services; (2) provide and invoice certain joint services; (3) organize marketing or promotional operations, contests, games and similar events; and (4) fight against fraud.
In order to provide you with Tend products you have requested, Tend may sometimes, if necessary, share your personal and traffic data with carriers, partner service providers and/or agents, for example the mobile service gateway provider, distributor of Tend software and/or Tend products and/or the third party banking organization or other providers of payment services. Tend will always require these third parties to take appropriate organizational and technical measures to protect your personal data and traffic data and to observe the relevant legislation.
Please be informed that, notwithstanding the abovementioned, in the event of a designated authority lawfully requesting Tend or Tend’s local partner to retain and provide personal data, communications content and/or traffic data, Tend and/or its local partner will provide all reasonable assistance and information to fulfill this request.
Your information may be stored and processed in any country in which Tend and the Tend group maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, Tend reserves the right to transfer information outside of your country. By using Tend software, Tend’s websites or Tend products you consent to any such transfer of information outside of your country. As Tend continues to develop its business, Tend might sell or buy subsidiaries or business units. In such transactions as well as in the event Tend or substantially all of its assets are acquired by a third party, personal information of Tend users will generally be one of the transferred business assets. We reserve the right to include your personal information, collected as an asset, in any such transfer to a third party.
5. WHAT ARE COOKIES AND HOW DOES Tend USE THEM?
Cookies are pieces of information that the Tend software may store on your computer’s hard drive in order to help web applications to recognize you or your preferences. Tend’s cookies may contain identifying information. Cookies enable Tend to gain information about the use of its websites. This information may be analyzed by third parties on our behalf.
The Help option on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please bear in mind that some personalized services may not be available if you choose to disable cookies.
Third Party Cookies
6. INFORMATION OUTSIDE Tend'S CONTROL
Video/Audio data in a p2p session
If your video/audio session is in p2p mode (as indicated on the top of the Video Window), video/audio data will be transmitted directly between the receiver and the sender in encrypted format. Tend server plays the role of facilitating the initial connection between the sender and receiver. Tend server will not collect nor store any video/audio data in p2p mode.
7. HOW DOES Tend PROTECT YOUR PERSONAL INFORMATION?
Tend and Tend group entities shall take appropriate organizational and technical measures to protect the personal data and traffic data provided to it/them or collected by it/them, and shall not retain it any longer than permitted in order to perform its services or as required under relevant legislation. Your personal and traffic data can only be accessed by authorized employees of Tend or the concerned Tend group entities that need to have access to this data in order to be able to fulfill their given duties.
Tend shall take appropriate technical measures to protect the confidentiality of the communications content via its Tend software and other Tend products, with due observance of the applicable obligations and exceptions under the relevant legislation.
Notice To/Regarding Children Under the Age of 13
Tend believes that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of content available on the Tend sites and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.
If you are under 13 years of age, you should not provide any personally identifiable information (for example, your last name, home address or e-mail address) on these sites without the knowledge and permission of your parent or guardian. If Tend learns that you are under 13 years of age, Tend will not maintain or use any personally identifiable information about you without the verifiable consent of your parent or guardian, except as allowed by law. This may mean that you will be unable to participate in some activities on the sites without that verifiable consent.
8. PERSONAL DATA OF FRIENDS
You may be interested in inviting your friends to join Tend. In the event you wish to use Tend’s referral service, you will be directed to a webpage and will have the possibility of adding one or more email addresses in an online form. The information entered in this form, will only be used for the purposes of automatically generating an email message to these potential Tend users.
9. CONTACTING YOU
Tend may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time in any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you accept to take part in is used for the purposes of reviewing this feedback and improving the Tend software, Tend and Tend group entities’ products and websites. Tend also collects information about your usage of the Tend software, the websites and Tend and Tend group entities’ products. Tend reserves the right to utilize this information for marketing purposes, for instance by displaying selected comments on the website or in other communications. Tend may share anonymous and aggregated information with third parties, for example to serve targeted advertising.
Tend may contact you to send you messages about faults and service issues. Further, Tend reserves the right to use email or the Tend software to notify you of any eventual claims related to your use of Tend software, the Tend websites and/or Tend products, including without limitation claims of violation of third party rights.
Tend may also use email or the Tend software to keep you up to date with news about the Tend software and Tend products that you have purchased and/or to inform you about other Tend or Tend group entities’ products unless you have opted out of receiving this information. You can instruct us whether or not you wish to be contacted for these purposes by checking or unchecking the box indicating your preferences, as applicable, at the place where your personal information is collected. In addition, with each communication you receive from Tend, you will be given the opportunity to indicate if you do not wish to receive future communications from the company. You may also inform us of your preference by emailing firstname.lastname@example.org
10. CAN THIS PRIVACY STATEMENT BE MODIFIED?
Tend reserves the right to modify the provisions of this Privacy Statement if deemed necessary. We will inform you of these changes by publishing the revised Privacy Statement at http://tendinsights.com/privacy-policy/. The revised Privacy Statement shall become effective within thirty (30) days of such publishing, unless you expressly accept the revised statement earlier by clicking on the accept button. You agree that the express acceptance by you, or your continued use of the Tend software or Tend products after the notice period of thirty (30) days, shall constitute your acceptance of the Privacy Statement.
11. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT Tend?
You have the right to access and, where relevant, to rectify your personal data, provided that your identity can be verified.
If you would like to exercise your right to view, correct, complete or remove your personal data, please contact Tend at email@example.com
You may also oppose the processing by Tend and/or the Tend group of your personal data. However, in this case, Tend and other Tend group entities will not be in a position to provide the Tend products and/or the Tend software and/or certain services offered by other Tend group entities
You can exercise your right to oppose to the processing detailed in the Privacy Statement by contacting Tend at firstname.lastname@example.org
Notice to California Residents - Your California Privacy Rights If you are a California resident, you have the right to receive: a) information identifying any third party company to whom Tend may have disclosed, within the past year, personal information pertaining to you and your family for that company's direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information, please email your request to email@example.com
12. HOW LONG IS YOUR PERSONAL DATA KEPT BY Tend?
Tend and, where relevant, the Tend group entities will retain your information for as long as is necessary to: (1) fulfill any of the Purposes (as defined in article 3 of this Privacy Statement) or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.
13. BIOMETRIC INFORMATION
Biometric Data Defined
As used in this policy, Biometric Data includes biometric identifiers including the face geometry recognition and capture as used in Tend’s camera and software products, and biometric information including the information relating to such face recognition and capture as converted, stored, and used in Tend’s products and software to identify an individual.
Purpose for Collection of Biometric Data
Tend collects, stores, and uses your Biometric Data solely for the proper functioning of Tend’s video camera monitoring products, as described in Tend’s websites and other descriptive materials.
To the extent that Tend collects, captures, or otherwise obtains your Biometric Data, Tend, through this policy, is hereby Informing you in writing that Tend is collecting, capturing, or otherwise obtaining your Biometric Data for purposes of the functionality of the products, and has informed you of the specific purposes and length of time for which your Biometric Data is being collected, stored, and used.
To the extent that Tend collects, captures, or otherwise obtains Biometric Data relating to a person other than you who is observed by a camera, such person, as far as in known by Tend, does not have a relationship with Tend, and the identity of such person is not available to Tend such that the person could be contacted by Tend in relation to the subject matter of this policy.
Tend will not sell, lease, trade, or otherwise profit from your Biometric Data. Tend will not disclose or disseminate any Biometric Data to anyone other than its authorized vendors without/unless: a. First obtaining your written consent to such disclosure or dissemination; b. The disclosed data completes a financial transaction requested or authorized by you; c. Disclosure is required by state or federal law or municipal ordinance; or d. Disclosure is required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction.
Tend shall retain your Biometric Data only until, and shall permanently destroy such data when, the first of the following occurs:
The initial purpose for collecting or obtaining such Biometric Data has been satisfied; or within 12 months of your last interaction with Tend.
Tend shall use a reasonable standard of care to store, transmit and protect from disclosure any electronic Biometric Data collected. Such storage, transmission, and protection from disclosure shall be performed in a manner that is the same as or more protective than the manner in which Tend stores, transmits and protects from disclosure other confidential and sensitive information, including personal information that can be used to uniquely identify an individual or an individual’s account or property, such as account numbers, PINs, driver’s license numbers and social security numbers.