1. OVERVIEW

Welcome and thank you for your interest in Rhombus Systems, Inc. (“Rhombus). This Privacy Policy describes the collection, use, and disclosure of your personal information by Rhombus from (a) our website located at http://www.rhombus.com, including without limitation all sub-domains thereof on which this Privacy Policy is posted (collectively, the “Site”), (b) any Rhombus products, hardware, mobile applications or other software, or services available through the Site or otherwise offered or made available by Rhombus, including without limitation via third party websites or services such as mobile application marketplaces or via email (collectively, together with the Site, the “Service”), and (c) third parties that publicly display or market such information. The terms “Rhombus,” “we,” “our,” and “us” refer to Rhombus Systems, Inc., including its designated third-party service providers. The terms “you” and “your” refer to the visitor, customer, or user (including without limitation a Services user) accessing or using the Services.

By accessing or using any of the Services, you consent to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated by reference into and subject to the applicable Terms of Service, End User License Agreement, Terms of Use, or other similar agreement (the “Terms”), if any.

The term “personal information” as used in this Privacy Policy refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer or household (such as an individual’s first and last name, address, telephone number, e-mail address, credit card or other account number, biometric identifier, etc.), and information about that individual or such individual’s activities or preferences when such information is directly linked to personal information. Personal information does not include “aggregate information” or other non-personally identifiable information. Aggregate information is data we collect about a group or category of products, services, or users that is not personally identifiable or from which an individual may not be identified. We may collect, use, and disclose aggregate information, and other non-personally identifiable information, for various purposes.

Please note that this Policy does not apply to the extent we process personal information in the role of a processor or service provider on behalf of our customers, including where we offer to our customers various Services through which our customers (or their affiliates) resell our Services to you, or collect data about your from our Services for their own purposes. We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Policy.

2. COLLECTION OF INFORMATION

2.1 Active Information Collection.

We may collect personal information that you provide to us in a variety of ways on or through the Service, as referenced below. We collect this information to administer, operate, and improve the Services, respond to your requests or inquiries, and provide you with information relevant to your use of the Services.

Account Registration or User Profiles. Our Services may give you the ability to register for a Rhombus account or to create and update a user profile on the applicable Services. If we offer a user account or profile functionality on the Service, we will collect the personal information that you provide to us when registering for an account or creating or updating a user profile. This information may include, for example, name, postal address, telephone number, e-mail address, and related demographic information about you, and account authentication information (user ID/encrypted password). We may indicate that some personal information is required for you to register for the account or to create the profile, while some is optional.

Correspondence. If you contact us by e-mail, using a chat box, or contact form on or through the Service, or by mail, fax, or other means (for example through a support or help forum available on or through the Service), we collect the personal information contained within, and associated with, your correspondence.

E-mail Newsletters, Webinars. We may offer e-mail newsletters or offer informational webinars from time to time on the Service. If you sign up to receive a newsletter from us, or participate in one of our webinars, we collect your personal information when you sign up or register to participate.

Interactive Service Features and Public Arenas. The Services may contain interactive functionality that allows you to engage with other users on the Service, to post comments to forums, to upload content to us (“User Materials”), to participate in surveys via the Services or e-mail, and otherwise to interact with the Services and with other users. If you use any interactive functionality on the Services that requests or permits you to provide us with personal information (including, for example, any features that allow you to post user materials on any of our services), we collect the personal information that you provide to us in the course of using these interactive features, as well as the types of interactive features that you elect to use.

Contests and Sweepstakes. We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions that users may enter or otherwise participate in on the Services. Certain of these promotions may be co-branded with one of our advertisers or other business partners. In these instances, the collection of your personal information may occur directly by the third-party partner on its website or other online service and may be shared with us. The promotion will state the privacy policy or policies governing the collection of such personal information.

Rhombus Operations. We collect personal information about you to operate our business. This may include personal information contained in legal agreements (commercial agreements, NDAs, invoices, purchase orders, etc.), financial information relating to payments, receivables and fulfillment (banking information, credit card or other account numbers, addresses, phone numbers, etc.), professional or employment-related information, (job application information, resumes, education and work history information, background check results, references, etc.), and employee benefit information (stock or equity ownership information, benefit elections, personal information about dependents, medical histories, contact information, etc.).

Product and Services Usage. We offer Services to our customers which allow them to collect personal information from your use and interaction with our products. The customers that procure our Services are responsible for ensuring they have obtained and maintained appropriate consent from you, including written consent in jurisdictions that require it prior to collecting such information. This information is subject to the individual privacy policies of each of our customers, unless otherwise expressly referenced below since we simply manage this data on their behalf. However, as a Services provider for such customers, our products collect the following types of information:

  • Cameras: Our cameras collect video, images and/or audio recordings. They may also collect biometric information, including facial features and geometry, physical attributes of the data subjects (e.g., clothing worn, hair color, baldness, hand or arm gestures; etc.), or information about vehicles (license plate numbers, auto make and model, color, etc.); each of these pieces of information would allow customers to gather, search and organize information regarding the people visiting their premises.
  • Sensors: In addition to capturing environmental changes, our sensors capture information when smoke, vape or toxic air quality is detected. Though this is not captured as personally information, it can be paired with video information to identify what data subjects may be triggering such sensors and using or consuming related products
  • Access Control: Our access control products may capture information about individuals using or interfacing with them, including your authentication ID, time stamps for activities, and authentication device IDs, and may capture related images and/or audio recordings.
  • Audio Devices: We have certain products that allow our customers to communicate with you. These products may record your responses and interactions with the Services, or they may record dialog with our personnel and or emergency responders.
  • Alarm Monitoring: These Services record events from our other products (such as sounds, the movement of people or vehicle, Sensor readings, etc.).
  • Technical Support: We may capture personal information relating to technical support services we provide to resellers and customers, including all the information referenced above, information about your business operations, as well as personal information relating to your personnel (name, role, contact information, etc.).
2.2 Passive Information Collection

Automatically Collected Information. When you visit or use the Service, some information is collected automatically. For example, when you access the Service, we automatically collect: (a) your browser’s Internet Protocol (IP) address, (b) your browser type, (c) the nature of the device from which you are visiting the Services (e.g., a personal computer or a mobile device), (d) the identifier for any handheld or mobile device that you may be using (e.g., UDID), (e) the website that you visited immediately prior to accessing the Service, (f) the actions you take on the Service, and (g) the content, features, and activities that you access and participate in on the Services. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.

Cookies. We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “web beacons”). We may use information passively collected from the Services to administer, operate, and improve the Services and our other programs, services, products, websites, and other systems, and to provide content and a Services experience that is tailored to you. If we link or associate any information gathered through passive means from the Services with your personal information, or if applicable laws require us to treat any information gathered through passive means from the Services as personal information, we treat the combined information as personal information under this Policy. Otherwise, we use and disclose information collected by passive means from the Services in aggregate form or otherwise in a non-personally identifiable form.

Location Information. Rhombus may offer certain features as part of the Services including in whole or in part based on your location, such as to locate the mobile device on which you have installed or downloaded an application, or the IP address from which you have contacted us. You will be given the opportunity to opt-in to location-based services, normally through an opt-in screen on the application. If you choose to enable location-based services, we may collect your location based on information provided by you or the mobile device, including, if available, GPS, IP address or cell tower information. If you do not opt-in to or choose to disable location-based services, you may not be able to utilize certain features of the Service, and if applicable, we may notify the Services user. Without limiting the foregoing, even if you have not expressly granted Rhombus access to location data, Rhombus may nonetheless have access to location information contained in media content meta data, to the extent you have enabled the application originating such media content to capture and store location data.

Video and Audio Data. Rhombus enables the recording and archiving of video and audio information from cameras. This data might contain images of people, vehicles, or events. Furthermore, this data is often analyzed with the purpose of providing you certain analytics about your video and audio data and provide configurable alerts.

Environmental Data. The cameras and other sensors often collect information about their surroundings including but not limited to temperature, air quality, nearby devices, and ambient light. This information is used to both improve the quality of Services and to provide additional information to you.

Third-Party Offerings. Also, please be aware that third parties, such as companies providing certain features of the Services (for example, a map provider) or sites, services and products provided by third parties (“Third-Party Offerings”), including some that may be linked to or otherwise made available through or on the Site, may set cookies on your hard drive or use other means of passively collecting information about your use of their services, Third-Party Offerings or content. We do not have access to, or control over, these third party means of data collection. If we combine data from Third-Party Offerings with other personal information you provide to us, this Privacy Policy governs any combined personal information that we maintain.

User Profiles. We may also collect inferences drawn from any of the information captured actively or passively above to create a profile about a visitor, customer or end user reflecting their preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

2.3 Information from Other Sources

Sourced Information. We may receive information about you, including personal information, from third party sources, including publicly available information, but only where such third-party sources have either obtained your consent or are otherwise legally permitted to disclose your personal information to us. The personal information we collect from other sources includes identifiers, professional or employment-related information, education information, commercial information, visual information, internet activity information, and inferences about preferences and behaviors. We, collect this from third party providers of business contact information, including mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles for purposes of targeted advertising, delivering relevant email content, event promotion and profiling, determining eligibility and verifying contact information. This helps us update, expand, and analyze our records, identify new customers, and create more tailored advertising to provide services that may be of interest to you.

Unsolicited Information. Additionally, we may receive your name, e-mail address, and other contact information from a Services user in connection with or in order to facilitate or enable your installation or use of the Service, or you may provide the name, e-mail address, and other contact information of an individual in connection with or to facilitate or enable such individual’s installation or use of the Services. By providing such contact information, you represent that you have the right to do so, that you are not initiating such a communication for any improper purpose, including without limitation any unsolicited marketing purpose, and that such information may also be provided to the third party service that you have designated to contact the individual. Rhombus stores and uses this information to send you or the individual, as applicable, an e-mail or otherwise contact you or the individual to register or enable you or the individual to download, install, or otherwise use the Services if desired, or otherwise provide access to the Service, to provide the Services to you or the individual, and to track your or the individual’s use of the Services. You or the individual may contact Rhombus at privacy@rhombus.com to request that Rhombus remove this information from its database.

3. USE OF INFORMATION

We may use or share personal information that you provide or that we collect in a variety of ways in providing the Services and operating our business, such as: (a) to provide and fulfill the Services and other programs, services, products, and information that you or a Services user requests; (b) to analyze, enhance, develop, improve, operate, support, and maintain the Services and other programs, services, products, websites, marketing strategies, and other technologies or systems; (c) to prevent fraudulent use of our programs, services, products, websites, and other systems; (d) to prevent or take action against activities that are, or may be, in violation of the applicable Terms or applicable law; (e) to tailor content and other aspects of your experience on and in connection with the Services; (f) to maintain a record of our dealings with you; (g) for other Services administration purposes such as to contact you for feedback about the Service, to conduct research about the Service, to provide anonymous reporting for internal and external purposes, to notify you of technical updates or changes in policy, and to contact you for marketing and promotional purposes; (h) to effectively manage our company’s operations, the recruitment and performance of our employees, and administration of our employee benefits; and (i) to comply with our legal and regulatory obligations, and for any other purposes that we may disclose to you at the point at which we request your personal information, and pursuant to your consent. We may also use personal information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Your Choices” Section 5 below.

4. DISCLOSURE OF INFORMATION

We disclose your personal information in a variety of circumstances in the ordinary course of operating our business.

Protecting Our Interests and Yours. We disclose personal information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of you, the Services and other users of the Services.

Corporate Affiliates, Service Providers, and Business Transfers. Rhombus may disclose or transfer your personal information: (a) to our corporate affiliates (for example, a subsidiary or parent corporation); (b) to our service providers that we use to deliver or provide our Services (like fulfillment, hosting, or payment service providers), but only for their use to provide the requested service; (c) other third parties we use to help us run our business (like marketing agencies, benefits providers, website hosting services, website analytics providers, professional services firms, employment screening agencies, external auditors, etc.); or (d) to an acquirer, lender or investor, or successor or assignee of Rhombus, as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets. We only allow our service providers to handle your personal information if we are satisfied that they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers, contractors, and third parties to ensure they can only use your personal information to provide services to us and to you.

Public Arenas. You should be aware that any information you provide in blogs, forums or similarly non-private areas of the Services may be read, collected, and used by others who access these areas, and this information is not personal information for the purposes of this Privacy Policy. To request removal of your personal information from these areas, please contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Aggregate Information. Rhombus may make certain automatically collected information, and other aggregate information that is not personally identifiable, available to third parties to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services.

5. YOUR CHOICES

Your Information. If you have a user account or profile on the Services, you may access and update certain categories of personal information that you provide to us by logging in to your account and accessing your account settings. If you wish to access or amend any other personal information we hold about you, you may contact us at privacy@rhombus.com. Generally, such changes are reflected in active user databases promptly following such changes, but Rhombus may retain archival copies of the previously provided information. You are solely responsible for maintaining the secrecy of your unique password and account information.

Your Choice. You may, of course, decline to share personal information with us, in which case we may not be able to provide to you some of the features and functionality found in the Services. If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at privacy@rhombus.com or by writing to us at the address given at the end of this Policy. Additionally, if you have a user account on the Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us. Please be aware that if you opt-out of receiving commercial e-mail from us or allowing us to share your personal information with third party organizations for their marketing or promotional use, it may take up to ten business days from the time that we receive your request for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding your use of any products or services available through or on the Services.

Your Rights. You may have certain rights relating to your personal information, subject to local data protection laws. Depending on the applicable laws these rights may include the right to:

  • Access your personal information held by us;
  • Know more about how we process your personal information;
  • Rectify inaccurate personal information and, considering the purpose of processing the personal information, ensure it is complete;
  • Erase or delete your personal information;
  • Restrict our processing of your personal information;
  • Transfer your personal information to another controller (if feasible);
  • Object to any processing of your personal information;
  • Opt-out of certain disclosures of your personal information to third parties;
  • Know what categories of personal information are shared for delivering advertisements on third party websites, applications, and services and the categories of recipients of such personal information;
  • Opt-out of the sharing of your personal information for delivering advertisements on third party websites, applications, and services;
  • If you are under the age of sixteen (16), or such other applicable age of consent for privacy purposes in relevant individual jurisdictions, opt-in to certain disclosures of your personal information to third-parties;
  • Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal; and
  • Not be discriminated against for exercising your rights as described above.

Where we process your personal information for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection.

Specific Disclosures for California Residents . The California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), requires businesses to disclose whether they sell or share personal information. As a business that is subject to the CCPA, we do not sell personal information. We may share personal information with third party advertisers for purposes of targeting advertisements. In addition, we may allow third parties to collect personal information from our Services, if those third parties are authorized service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal information, or if you use our Services to interact with third-parties or direct us to disclose your personal information to third-parties.

California law requires that we detail the categories of personal information that we disclose for certain “business purposes,” such as to service providers that assist us with securing our Services or marketing our products, and to such other entities as described in Sections 3 and 4 of this Policy. We disclose the following categories of personal information for our business purposes:

  • Identifiers;
  • Commercial information;
  • Internet activity information;
  • Financial information;
  • Professional and employment-related information;
  • Education information;
  • Geolocation data;
  • Audio and visual data;
  • In limited circumstances where allowed by law, information that may be protected characteristics under California or United States law; and
  • Inferences drawn from any of the above information categories.

California law grants state residents certain rights, including the rights to know and access specific types of personal information, to learn how we process personal information, to request deletion of personal information, to request correction of personal information, to opt-out of sharing your personal information for third party advertising purposes, and not to be denied goods or services for exercising these rights. We may need to verify your identity and place of residence before completing your rights request pursuant to this section.

If you are a California resident under the age of eighteen (18) and have registered for an account with us, you may ask us to remove content or information that you have posted in our Services. Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user.

For information on how to exercise your rights, please refer to Section 5.5 of this Policy. If you are an authorized agent wishing to exercise rights on behalf of a California resident, please contact us using the information in the “Contact Us” Section 12 below and provide us with a copy of the consumer's written authorization designating you as their agent.

Exercising Your Rights. To exercise your rights, please contact us by using the information in the “Contact Us” Section 12 below. Your personal information may be processed in responding to these rights. We try to respond to all legitimate requests as soon as practicable unless otherwise required by law and will contact you if we need additional information from you to honor your request or verify your identity. Occasionally it may take us longer than expected, considering the complexity and number of requests we receive.

Your Rights Relating to Customer Data. As described above, we may also process personal information for our customers. To this end, if not stated otherwise in this Policy, we process such personal information as a processor on behalf of our customer (and its affiliates) who is the controller of the personal information. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those explained in this Policy. If your data has been submitted to us in our role as a processor by or on behalf of a Rhombus customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly. Because we may only access a customer’s data upon their instructions, if you wish to make your request directly to us, please provide us the name of the Rhombus customer who submitted your data to us. We will refer your request to that customer and will support them as needed in responding to your request within a reasonable timeframe.

6. THIRD-PARTY OFFERINGS AND SERVICES

We suggest that when you link to or use any third-party site that you review that Third-Party Offerings’ privacy policy, as this Policy does not apply to your activities or any information you disclose while using such Third-Party Offerings. Rhombus is not responsible for Third-Party Offerings, including without limitation their privacy policies. Our linking to or otherwise making available Third-Party Offerings does not constitute our sponsorship of, or affiliation with, those Third-Party Offerings.

7. HOW WE PROTECT YOUR PERSONAL INFORMATION

Rhombus has implemented physical, technical, and administrative safeguards to protect your personal information from unauthorized access, disclosure, alteration, and destruction. Despite our efforts, however, Rhombus cannot and does not guarantee the security of the information Rhombus collects from you or that such information will not be accessed, disclosed, altered, or destroyed by breach or other failure of any of Rhombus’s physical, technical, or administrative safeguards. You acknowledge that you provide your personal information at your own risk.

8. DATA RETENTION

We will keep personal information collected from you while you have a relationship with us (while you have an account with us, while you are seeking employment or are employed by us, or while we are providing Services to you). Thereafter, we will keep personal information collected from you for as long as is necessary: (a) to respond to any questions, complaints or claims made by you or on your behalf; (b) to administrate our business obligations; (c) to show that we treated you fairly; or (d) to keep records required by law. We will not retain personal information collected from you for longer than necessary for the purposes set out in this Policy. If you have questions regarding the specific retention period for any specific category of personal information, please contact privacy@rhombus.com and we will share with you the designated retention period set forth in our Records Management Policy (or related Retention Schedule).

9. CHILDREN'S PRIVACY

Persons under the age of thirteen (13), or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts or use the Services unless their parent has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as practicable. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at privacy@rhombus.com.

10. INTERNATIONAL VISITORS

If you use the Services from outside of the United States, then you understand and consent to the transfer of information outside of those jurisdictions to the United States or other jurisdictions for the uses identified above in accordance with this Privacy Policy. You acknowledge and understand that each region outside of the United States may have its own privacy and data security laws, which may differ from the applicable laws and regulations of the United States.

11. CHANGES TO THIS PRIVACY POLICY

We may revise this Privacy Policy from time to time, in accordance with the “Modifications” or similar provision of the applicable Terms. When we do, we will also revise the “Last Updated” date at the beginning of the Privacy Policy. Your continued use of the Services after such changes will be subject to the then-current policy. If we change this Privacy Policy in a manner that is materially less restrictive of our use or disclosure of your personal information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any personal information that we collected from you prior to the date the change becomes effective. For example, we may send a message to your e-mail address, if we have one on file, or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. The amended Privacy Policy will automatically take effect 30 days after it is made available through the Service, except that (i) we generally only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your account or otherwise cease use of the Services. Your continued use of the Services after revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of the Privacy Policy. We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and disclose personal information.

12. CONTACT US

If you have any questions or suggestions regarding this Privacy Policy, please contact us at privacy@rhombus.com, write us at 1919 19th St, Sacramento, CA 95811, USA, or call us at +1-877-746-6797.

When you contact us, please indicate in which country and/or state you reside. We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, and you are in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with the competent supervisory authority. If you work or reside in a country that is a member of the European Union or that is in the EEA, you may find the contact details for your appropriate data protection authority on the following website.