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Privacy Policy

EFFECTIVE AS OF April 23, 2021

This Privacy Policy applies to the collection and use of Personal Information (defined below) and other information gathered on certain websites that are owned and/or operated by, or by authorized third parties on behalf of, Derive Systems, Inc., Derive Power, LLC, and Derive Efficiency, LLC and any affiliates thereof, operating under the following brands, among others: DERIVE SYSTEMS™, DERIVE POWER™, DERIVE EFFICIENCY™, DERIVE ADVANTAGE™, SCT® and BULLY DOG®. The Site is a commercial website and is intended for use by our customers, prospective customers, vendors, and their respective employees and agents to obtain information about Derive’s Products and Services.

If you have arrived at this Privacy Policy by “clicking” on an authorized link directing you to an Derive-operated Site, then this Privacy Policy and our Terms of Use https://sctflash.com/terms-of-use/ applies to such Site. This Privacy Policy does not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a link to such website on one of our Sites. Capitalized terms used in this Privacy Policy without definition have the meanings given such terms in our Terms of Use.

When we refer to “Derive,” “we,” “us” or “our,” we mean Derive Systems, Inc., Derive Power, LLC, and Derive Efficiency, LLC and any affiliates thereof, operating under the following brands, among others: DERIVE SYSTEMS™, DERIVE POWER™, DERIVE EFFICIENCY™, DERIVE ADVANTAGE™, SCT® and BULLY DOG® the specific division, subsidiary or affiliate that operates the Site, provides its content or processes information received through it, each as appropriate and applicable.

When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

We created this Privacy Policy to help you understand how we collect Personal Information, what types of Personal Information we collect, how we use it, the steps we take to safeguard it, and the choices you have regarding how it may be used and disclosed. This Privacy Policy addresses some types of information, including some Personal Information, the various means of collecting such information, and the possible uses of such information that may not presently apply to one or more of the Sites. We are nevertheless advising you about these matters because we want to maintain flexibility in offering additional features without having to revisit this Privacy Policy every time we revise the Sites or offer new functions. No description of any type of information, means of collecting information, including Personal Information, or use of such information will obligate us to collect any particular information, make any particular use of any such information, or offer any particular functionality.

By submitting your Personal Information through our Site, you will be considered to have given your permission and consent for the collection, use, retention and disclosure of your Personal Information as set forth in this Privacy Policy.Use of our Site and Derive’s services is strictly limited to persons who are of legal age in the jurisdictions in which they reside.

Derive will not knowingly accept any information from an individual under the age of 13 years. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), any information that Derive may receive from any individual who is reasonably believed to be under the age of 13 years will be deleted. If you are under the age of 13 years, please do not provide any Personal Information through the Site. If you are under the age of 13 years and have already provided Personal Information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such Personal Information from our files.
This Privacy Policy does not apply to any other website or offline point of contact between us and you. This Privacy Policy does not cover information, including Personal Information, we collect by means other than the Sites. If you have any questions about how we use information, including Personal Information, collected by means other than the Sites, you should inquire at or before the time you give such information to us.
Derive reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of the terms, in whole or in part, of this Privacy Policy at any time. Please review this Privacy Policy periodically, as we may update it from time to time. Each time you visit any of the Sites or provide us with information, including Personal Information, by doing so you are accepting the practices described in this Privacy Policy as in effect at that time.

The web servers that serve the Site may gather certain navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Site. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, service provider and IP address information collected through tracking technologies (see “How We May Collect Your Information,” below, for additional information regarding our use of tracking technologies) and aggregated or de-identified data.

In order to operate the Site and provide you with information, Products and Services that may be requested by or of interest to you, we may also collect and retain Personal Information. “Personal Information” refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our order forms, “Contact Us” forms, surveys, applications, vendor set-up and enrollment forms or similar online fields. Examples of Personal Information may include your name, postal address, e-mail address, telephone number, Social Security number, date of birth or financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, gender, financial transaction history information and age).

We may also collect location information, which means information that may be collected by certain mobile applications and that identifies your physical location. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location.

We collect Personal Information from you or about you when you voluntarily provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us or the Site.

We may also gather such Personal Information through your access to certain web pages or your accounts online, as well as your asking questions through our “Contact Us” link. Personal Information that we may collect about you through online interaction includes information that you input or provide to us through the Derive Advantage Cloud Site, such as your name, address, e-mail address and other contact information, vehicle identifier and Social Security number, and payment information, including, but not limited to, bank information and other financial institution account numbers and billing address. We may also collect data resulting from your activity, such as transaction information and page view.

Like most e-commerce websites, each time you visit any Site, we may automatically collect your IP address and the web page from which you came. In order to administer and optimize the Sites for you and to diagnose potential issues with our Site, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Site traffic information that is collected automatically when you visit our Site, and with information acquired from our joint marketing partners, third parties and our affiliated companies.

We may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of the Site, and it also permits us to automate the access and data entry functions of the Site (e.g., login information), and to tailor the appearance or presentation of the Site to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using the Site unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on the Site, use or conduct a transaction through the Site, or identify yourself or the computer you are using through the Site.

We use cookies as a convenience feature to save you time, to understand how our Site is used, and to improve the content and offerings on our Site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g., to recognize you by name when you return to our Site). We may also use cookies to offer you or inform you of products, programs or services and targeted advertising. You can opt to have your browser reject cookies.

Most or all browsers permit you to disable or reject cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. You can do this by adjusting your preferences in the browser. Derive does not track its customers over time and across third-party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time and across third-party websites or online services. Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Sites or use the full functionality of the Site, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Site. Your continued use of our Site reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Site.

We may use third-party service providers, such as Google Analytics, emotive, Facebook, Instagram, and approved affiliate sites to serve advertisements (banners or links) on our behalf across the Internet. These advertising service providers may collect non-identifiable information about your visits to our Site, and your interactions with our Products and Services. Such non-identifiable information does not include your name, address, e-mail address or other Personal Information. The information is collected through the use of cookies and pixel tags. You should also know that companies that advertise on our Site (and their agents), and one or more of the organizations with which we do business, or to which we provide links from the Site, might use their own cookies. This Privacy Policy does not cover how these organizations use their cookies. We have no control over such organizations’ uses of cookies, and you should review the privacy policies of such organizations to determine the uses such organizations make of cookies.

We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Site. This permits us to display content based upon what you view on our Site to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient.

These are typically small pieces of data that are embedded in images on the Site, certain applications or certain e-mail communications. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to compile information we collect about you.

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.

We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.

Certain applications on mobile devices may transmit information to us about your location when you request information from them. We may use that information to improve the Products and Services we provide to you as well as to improve our services generally in your area. You should have the ability to control what information your mobile device sends to us, and can exercise this control by changing the settings of your mobile device.

When you use a Mobile App, including the Derive Flash Tuning Device (the “Derive Tuning Device”), we collect and use information about you in the same way and for the same purposes as we do when you use the Site. In addition, we also use some other information that we collect automatically when you use our Mobile Apps (including a Derive Tuning Device). We collect information about Mobile App functionality that you access and use, which allows us to identify those areas of the Mobile App that are of interest to our users so that we can continuously improve the functionality of our Mobile Apps. The information we collect for this purpose does not enable us to directly identify you. We use this only on the first opening of the Mobile App so that we can confirm to our advertising networks the number of downloads resulting from clicks on their respective ad banners and other marketing tools.

Each Derive Tuning Device also sends us the device’s unique device identifier (or “UID”), a sequence of numbers or characters that are unique to your Derive Tuning Device. We use this each time the device accesses the Derive Advantage Cloud Site. Each Derive Tuning Device will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate and remedy the error, and to improve the stability of the Mobile App for future releases. As part of these error reports, the Derive Tuning Device sends us information about the tuning device type and version, the UID, the time the error occurred, the feature(s) being used and the state of the Derive Tuning Device when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.
When you use a Mobile App, you can choose to allow access to your current location – provided by your mobile device using GPS or similar technologies – in order to identify nearby events or places of interest. If you choose to allow access, this location data may be collected anonymously as part of search requests logged by our servers. You can disable the Mobile App’s access to your location at any time through your phone “Settings” menu.