Our Services

Privacy Policy

BlueCloud, Inc. and its affiliates (collectively, “BlueCloud”) respect the privacy of users (a “User” or “Users”) and experts (an “Expert” or “Experts”) alike. This privacy policy explains BlueCloud’s privacy practices in connection with the use of the web-application (the “Web-App”) operated by BlueCloud for Expert and Users and the services rendered through the Web-App by Expert to User (the “Services”). It also describes the ways BlueCloud collects and uses personal information of Users and Experts and the rights and options available to Users and Experts with respect to their information.

This privacy policy is incorporated into the Terms of Service between BlueCloud and Expert (the “Agreement”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement.

THIS PRIVACY POLICY ONLY GOVERNS BLUECLOUD’S USE OF YOUR PERSONAL INFORMATION. THE USE OF USER’S PERSONAL INFORMATION BY EXPERT (OR OTHER THIRD PARTIES) IS NOT CONTROLLED BY BLUECLOUD, AND USER SHOULD REVIEW EXPERT’S PRIVACY POLICY INDEPENDENTLY. BLUECLOUD IS NOT RESPONSIBLE AND WILL BEAR NO LIABILITY TO EXPERT’S PRIVACY POLICY OR TO EXPERT’S COMPLIANCE WITH IT.

What personal information does the Expert provide to BlueCloud?

As an Expert, when you register to the Web-App, you are asked to provide BlueCloud an active e-mail address and other contact and personal details (or other allowed means of identification), and to select a password.

BlueCloud can ask you to provide additional payment and transaction related personal information, to the extent required to provide the Services.

As an Expert, you also need to set-up a profile using the Web-App, which is available on websites other than your own. BlueCloud does not have any obligation under this privacy policy with respect to information which an Expert provides and which is intended to be publicly available.

Please bear in mind that false, incorrect, incomplete, or outdated information can prevent you from registering and using the Services or the Web-App or impair BlueCloud’s ability to provide you with the Services or the Web-App and to contact you.

What Internet traffic does BlueCloud collect?

BlueCloud’s Web-App provides a comprehensive solution to Users and Experts, which enables them to contact each other, schedule an appointment, form a contract, pay and receive fees, interact and manage their engagement by using the Web-App. The Web-App is installed on BlueCloud’s servers, and when you use the Web-App, the information routed via the Web-App is accessible to BlueCloud.

When you use the Services or the Web-App, BlueCloud will collect information, such as session durations, page impressions, Internet protocol (IP) addresses, the domain name that served you to access the Services or the Web-App, and content types and origins.

BlueCloud will also store information related to online data or metadata that is routed through BlueCloud’s servers, such as web page addresses, structure, data fields and images.

The stored data will be attributed to you in person, only to the extent necessary for the use of the Web-App or the Services, as set in the following section. In all other cases, BlueCloud will anonymize the data and will not knowingly use the data to personally identify you.

Further information is collected when you and BlueCloud exchange communications, for example, when you submit an inquiry to customer support at: support@BlueCloudt.com

Does BlueCloud collect location based information?

BlueCloud does not actively collect any personal information that is based on your geographical location, except for the country that you reside in when accessing the Services or the Web-App.

However, certain location-based information is stored on BlueCloud’s servers, for example if you use the Services or the Web-App to access geographic based services.

BlueCloud will use such information subject to this privacy policy and will anonymize such data as soon as it is no longer necessary for the performance of the Services by Expert or the use of the Web-App.

What does BlueCloud do with your personally identifiable information?

BlueCloud uses personally identifiable information for the following purposes and for as long as they serve such purposes:

  • To provide and operate the Services or the Web-App;
  • To send you updates and notices and to provide you with information related to the Services or the Web-App, provided that BlueCloud will not share your e-mail address or any other personally identifiable information with online advertisers and advertising networks, without your explicit consent;
  • To enforce the Agreement;
  • To contact you as and when it is necessary for providing the Services;
  • To comply with any applicable law, respond to lawful requests of personal information by public authorities, and assist law enforcement agencies as required, including to meet national security; in any case where BlueCloud believes that the use of the information is necessary to prevent imminent physical harm or damage to property;
  • To collect fees and debts, and to prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Services or the Web-App;
  • To take any action in any case of dispute, or legal proceeding of any kind between you and BlueCloud, or between you and other users or third parties with respect to, or in relation with the Services or the Web-App.

Privacy Sheild

As a BlueCloud user, your personal information is maintained, processed and stored by BlueCloud, our affiliates, and our service providers in the United States or other jurisdictions.

BlueCloud complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.

BlueCloud has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield Principles, BlueCloud commits to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact BlueCloud at: privacy@BlueCloudt.com

For any Privacy Shield related complaints that are not resolved within 45 days, you can file a complaint with JAMS, our independent dispute resolution provider, at the following website: https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim. The services of JAMS are provided at no cost to you.

In addition, you may invoke binding arbitration in certain cases, as further described in Annex I of the EU-U.S. Privacy Shield Agreement. For further information concerning the binding arbitration, please visit the Privacy Shield web site at: www.privacyshield.gov, or contact our privacy team at: privacy@BlueCloudt.com. BlueCloud is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). The Experts controlling and operating the BlueCloud Web-App will be considered the controllers of such Clients’ Data and are responsible for complying with all laws and regulations which are applicable to the collection and control of such Clients’ Data including privacy or data protection laws of all relevant jurisdictions.

BlueCloud cannot provide legal advice to Experts, but BlueCloud recommends that all Experts that create and maintain websites using BlueCloud platform should maintain clear and comprehensive privacy policies complying with the applicable laws and regulations.

Important notice about privacy of persons under the age of 16

The Services and the Web-App are not intended for use by persons under the age of 16. If you are not 16 years old or older, then you cannot use any of the Services or the Web-App and must not provide any of your personal details.

BlueCloud strongly encourages parents to monitor their children’s use of the Web. BlueCloud will delete a child’s personally identifiable information if a parent so requests by sending an e-mail to support@BlueCloudt.com. If BlueCloud learns that a child under the age of 16 years has provided personally identifiable information to BlueCloud without verifiable parental consent, BlueCloud will use commercially reasonable efforts to delete such information from BlueCloud’s databases.

How does BlueCloud share your personally identifiable information with others?

BlueCloud does not sell, rent or lease your personally identifiable information to third parties. BlueCloud shares personally identifiable information with others only in any of the following instances, or otherwise subject to your explicit consent:

  • To operate the Services or the Web-App, including to store and process your information through a third-party hosting services and to process payments;
  • To contact you. For example, BlueCloud uses a third party’s mailing platform to send you messages and updates from time to time;
  • If BlueCloud believes that you have breached the Agreement or any other agreement with BlueCloud or abused your rights to use the Services or the Web-App or performed any act or omission that BlueCloud believes to be violating any applicable law, rules, or regulations. BlueCloud may share your information with law enforcement agencies, governmental agencies and other competent authorities as well as with other third parties, as may be required;
  • If BlueCloud is required, or believes that it is required by law to share or disclose your information; In any case of dispute, or legal proceeding of any kind between you and BlueCloud, or between you and other users or third parties with respect to, or in relation with the Services or the Web-App (including a dispute between User and Expert), BlueCloud can use your information in preparing its legal case in connection with such dispute or proceedings;
  • In any case where BlueCloud believes that sharing information is necessary to prevent imminent physical harm or damage to property;
  • If BlueCloud organizes the operation of the Services or the Web-App within a different framework, or through another legal structure or entity, or if BlueCloud is acquired by, or merged with another entity it can share your information with the new entity who will operate the Services or the Web-App, provided, however, that those entities agree to be bound by the provisions of this privacy policy, with respective changes taken into consideration;
  • BlueCloud can also share personally identifiable information with sub-contractors and other companies or organizations connected, or affiliated with BlueCloud, such as subsidiaries, sister-companies and parent companies;
  • BlueCloud is liable for onward transfers of personal data to third parties.

How does BlueCloud use anonymous, statistical or aggregated information?

BlueCloud also uses anonymous, statistical or aggregated information to properly operate the Services or the Web-App; to improve the quality and functionality of the Services or the Web-App; to enhance your experience; to create new services, including customized services; to change or cancel existing content or services, and for other internal and statistical purposes.

BlueCloud can share, publish, post, disseminate, transmit or otherwise communicate or make available anonymous, statistical or aggregated information to suppliers, business partners, sponsors, affiliates and any other third party, at BlueCloud’s sole discretion, provided, however, that BlueCloud will not knowingly, or intentionally use the information to reveal your identity without your consent.

How does BlueCloud access & use your Google user data?

BlueCloud uses Google OAuth in order to get access to your Google data as describes as follows:

  • As part of your registration, you can choose to register using your Google account. As part of this process BlueCloud will create a BlueCloud account using your Google email address, and later on will use it as your system email address.
  • If you choose to synchronize your Google Calendar with BlueCloud’s app, BlueCloud will access your Google calendar and will use it to display your availability on your BlueCloud calendar(s).
  • If you choose to synchronize your Google Contacts with BlueCloud’s app, BlueCloud will import your Google Contacts into BlueCloud’s app and will use it to allow you to contact your clients.
  • You can choose to export your Google data from BlueCloud’s app at any time.

How can you access your personal information?

If you are an Expert and registered to the Web-App, then you can access your personal account and edit or amend your personal information at any time using the designated user interface in the Web-App.

If you find that the information on your personal account is not accurate, complete or updated, then you can make all necessary changes to correct it. Otherwise, both Experts and Users can contact us at: support@BlueCloudt.com.

Which ‘opt out’ and deletion options are available to you?

At any time you can opt out of BlueCloud’s mailing lists, by sending BlueCloud a removal request to: support@BlueCloudt.com. It can take up to ten (10) business days for your opt-out request to take effect.

If you wish to delete your personally identifiable information that is stored in BlueCloud’s database, you can send a request to delete information to: support@BlueCloudt.com. BlueCloud will inform you whether it can accept your request. BlueCloud will strive to accept requests to delete personally identifiable information. BlueCloud can refuse your request, for example, if BlueCloud believes that removal of certain information can harm other users.

You will bear full responsibility for any damage, costs, fines and expenses resulting from the deletion of data pursuant to your request to exercise the right to be forgotten, and hold BlueCloud harmless thereof.

In any case, BlueCloud can keep any aggregated or anonymized information for statistical, marketing and other purposes, indefinitely.

It is BlueCloud’s policy to keep Expert personal information on file unless specifically requested to be deleted.

How does BlueCloud secure your personal information?

BlueCloud and third parties on its behalf implement information security systems and procedures to secure your personal information. While such systems and procedures reduce the risk of security breaches, they do not provide absolute security.

Therefore, BlueCloud cannot guarantee that the Services or the Web-App will be immune from any wrongdoings, malfunctions, unlawful interceptions or unauthorized access to the information stored therein and to other information security risks, or that your private communications on or through the Services or the Web-App will remain private.

We restrict access to personal information you provided BlueCloud to our employees, contractors, vendors and agents who need to know that information for the purposes described in this privacy policy. These individuals are obligated to keep your personal information confidential and they can be subject to penalties, termination of relations and criminal prosecution, if they fail to comply with such obligations.

Your rights under the GDPR

Please note that under the GDPR BlueCloud processes personal data as a data processor. As such, BlueCloud is committed to assist BlueCloud’s data controllers to fulfill individuals’ rights under the GDPR.

If you wish to exercise your rights under the GDPR or have any questions in this matter, please contact the relevant BlueCloud’s data controller directly. Should you need BlueCloud’s assistance to indicate who the relevant BlueCloud’s data controller is, please feel free to contact us at: privacy@BlueCloudt.com.

To the extent required and upon a written request from BlueCloud’s data controller, BlueCloud will assist the BlueCloud’s data controller to fulfill your rights under the GDPR.

You are welcome to contact our representative in the European Union at: datenschutz@rickert.net.

Specific Provisions for California Residents

This section applies solely to Experts and Users of our Services who reside in the State of California.

The personal information that we collect

In the preceding twelve (12) months we have collected the following categories of personal information from users:

  • Identifiers and personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as email address and other contact and personal details.
  • Commercial information, such as payment and transaction related personal information.
  • Internet or other similar network activity information.
  • Professional or employment-related information.
  • Inferences drawn from other personal information.

Our Categories of sources from for the personal:

We obtain the categories of personal information listed above from the following categories of sources:

  • Users and Experts of our Services.
  • Services activities.

Our Use and Disclosure Practices

We use the personal information that we collect or receive for the business purposes as described above under the section titled “What does BlueCloud does with your personally identifiable information?” of this policy.

We disclose personal information to third parties for business purposes as described above under the section titled “How does BlueCloud share your personally identifiable information with others?” in this policy.

In the preceding twelve (12) months we have disclosed the following categories of personal information for business purposes:

  • Identifiers.
  • Commercial information.
  • Professional or employment-related information.
  • Internet or other similar network activity.
  • Inferences.
  • In the preceding twelve (12) months, we have not sold personal information.

Your Rights as a California Resident

You are entitled to the following specific rights under the California Consumer Privacy Act (‘CCPA’) in relation to your personal information:

Access to Specific Information and Data Portability Rights

You have the right to request that we will disclose certain information to you about our collection and use of your personal information over the past 12 months. After verifying your request, we will disclose to you:

  • The categories of personal information we collected about you;
  • The categories of sources for the personal information we collected about you;
  • Our business or commercial purpose for collecting that personal information;
  • The categories of third parties with whom we share that personal information;
  • The specific pieces of personal information we collected about you;
  • If we disclosed your personal information for a business purpose, we will provide you with a list which will identify the personal information categories that each category of recipient obtained. Deletion Rights

You have the right to request that we delete any of your personal information. Upon confirmation of your request, we will delete your personal information from our records, unless an exception applies.

Exercising Your Rights

To exercise the access, data portability, and deletion rights described above, please submit your request to us by sending an email to: support@BlueCloudt.com.

Only you or a person authorized to act on your behalf, may make a request related to your personal information.

You may also make a verifiable consumer request on behalf of your minor child.

A request for access can be made by you only twice within a 12-months period.

We cannot respond to your request or provide you with the requested personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use the personal information provided in your request to verify your identity or authority to make the request.

We will do our best to respond to your request within 45 days of its receipt. If we require more time (up to additional 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response by email.

Any disclosures that we provide will only cover the 12-month period preceding receipt of your request.

The response we provide will also explain the reasons for our inability to comply with your request, if applicable.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for such decision and provide you with a cost estimate before processing further your request.

How does BlueCloud use Cookies?

BlueCloud uses cookies when operating the Services or the Web-App. Cookies are packets of information sent by BlueCloud’s servers to your web browser and then sent back by the browser.

BlueCloud uses cookies for various purposes, for example, to save you the need to re-enter your password each time you log-in to the Services or the Web-App, to facilitate the use of the Services or the Web-App, to collect information for statistical and analytical purposes, to verify information, to customize the Services or the Web-App to your personal preferences and for information security purposes.

Some of the cookies can expire when the session ends, and you exit your browser. Other cookies can be stored on your computer’s hard drive. If you wish to block the cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies can complicate or even prevent your use of the Services or the Web-App, or certain features thereof.

Where is my personal information processed?

BlueCloud stores and processes the information through third party hosting services in the USA or in other jurisdictions, at its discretion. If you are in the European Economic Area, or in any other jurisdiction that regulates the transfer of personal information outside that jurisdiction, then you hereby grant BlueCloud your explicit and unambiguous consent to transfer your personal information to the USA or to any other jurisdiction where BlueCloud’s hosting services operate, for the purposes described in this privacy policy.

Job Applications

BlueCloud collects applicants personal data solely for BlueCloud’s internal recruitment purposes including for communication with applicants by phone or in writing, evaluation of applications and hiring process.

Enforcement

BlueCloud is doing its utmost to comply with this privacy policy. If you have any questions, concerns or complaints regarding this privacy policy and the enforcement thereof, please refer them to: support@BlueCloudt.com.

After receiving your complaint, BlueCloud can contact you to better understand your concerns and will make all efforts to promptly answer your question or resolve your complaint to your full satisfaction.

Changes to this Privacy Policy

BlueCloud can change and update the terms of this privacy policy from time to time. Changes will take effect seven (7) days after their initial posting on the Website or the Web-App, unless BlueCloud amends this privacy policy to comply with legal requirements. In the latter cases the amendments will become effective as required or ordered. Last Updated: January 1, 2020