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This version applies to customers that first sign up on or after May 2nd, 2014 and applies to all customers after May 31st, 2014. See below for the version that remains in effect through May 31st for customers that have signed up before May 2nd, 2014.

PowerCloud Privacy Policy and your California Privacy Rights
Revised: May 2, 2014

PowerCloud® Systems, Inc. ("PowerCloud," "we," or "us") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from visitors to our websites including, but not limited to, www.powercloudsystems.com, www.cloudcommand.com, www.enablenetworks.com, and www.skydog.com("Sites"), users of our Skydog™ and CloudCommand™ services that enable the configuration and management of wireless networks ("Services"), and users of wireless networks that are configured and/or managed through the Service (each, a "Network"). We do not own, control, or operate Networks, however, and your use of Networks is also subject to the privacy policies of their operators.

By submitting Personal Data through the Site or Service or using a Network, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country where it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

  1. Types of Data We Collect

    We collect Personal Data and Anonymous Data from you when you visit the Site, use the Service, and/or when you send us information or communications. “Personal Data” means data that allows someone to identify or contact you, including your name, address, telephone number, e-mail address, and any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.

    • Data You Provide to Us.

      We receive and store any information you enter through the Site or Service or otherwise provide to us:

      • We collect Personal Data from you, such as your user name, password, first and last name, e-mail address, postal address, and telephone number, when you create an account for the Service.
      • If you use a Network and the network administrator has enabled the MAC whitelisting security feature, we collect your e-mail address or phone number when you accept the security token sent to your device.
      • Credit card billing information or other payment information is collected by our third party payment processor, not PowerCloud, and the collection, use, and disclosure of such information is subject to the privacy policy and other terms and conditions of such third party payment provider and not by the terms of our Privacy Policy.
      • If you contact us via e-mail, we may collect your name and e-mail address, as well as any other Personal Data included in the e-mail or that you submit to us.
    • Data Collected Through Use of Our Technology.

      We collect information about you relating to your use of the Site or Service.

      • We collect information about the configuration of and activities on wireless networks configured and/or managed using the Service.
      • If you use a Network, we collect information relating to your activities on the Network, such as hardware address, geolocation, access point used, upload and download activities and patterns, and date, time, and duration of network usage. If a Network administrator assigns a name to your device, we collect this information.
      • Our servers (which may be hosted by a third party service provider) collect information related to your visit to the Site, such as browser type and version, operating system, platform, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and a date/time stamp for your visit.
      • We may use cookies, Flash cookies, and navigational data like Uniform Resource Locators (URLs) on the Site to gather information about your online activities relating to the Site, such as the date and time of your visit, the information for which you searched and which you viewed, and the sites you visited before and after visiting the Site. We may also use a cookie and Flash cookie to save your settings and to provide customizable and personalized services. A “cookie” is a small data file placed on your hard drive when you visit certain websites. A “Flash cookie” is a small data file placed on your hard drive when you visit certain websites that use Adobe Flash. You may disable cookies by adjusting the preferences settings of your browser. Consult the “Help” feature of your browser for specific instructions. To adjust Flash cookie settings, access your Flash management tools from Adobe’s web site directly. If you choose to disable cookies or Flash cookies, certain areas of the Site may not work properly. Our advertisers and partners may also use their own cookies. We do not control use of these cookies used by advertisers and partners and expressly disclaim responsibility for information collected through them.
      • We use software tools such as Flash or JavaScript on the Site to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages.
      • We may use clear gifs (otherwise known as web bugs or web beacons) to gather information about your visit to the Site, such as what you click on and pages and information you viewed. Additionally, be aware that advertisers and partners may also use their own clear gifs and we do not control use of these by advertisers and partners and expressly disclaim responsibility for information collected through them. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a user’s hard drive, clear gifs are embedded invisibly on web pages.
  2. Use of Your Data

    In general, Personal Data you submit to us is used to provide you with a customized experience, aid us in serving you better, and to respond to your requests. We use your Personal Data to:

    • facilitate the creation of and secure the accounts on our Service;
    • provide you the features and functionality of the Service and/or Site;
    • improve our products and services;
    • analyze request and usage patterns, diagnose problems with our servers, and administer our Service;
    • improve the quality of experience and provide you a personalized experience when you use the Service or Site;
    • send you administrative e-mail notifications, such as security or support and maintenance advisories (The e-mails we send may contain code that enables our database to track your usage of the e-mail, such as whether the e-mail was opened and/or what links (if any) were clicked);
    • respond to your inquiries related to employment opportunities or other requests; and
    • send you, if you hold an account with our Service, e-mail messages or postal mail informing you of our products and services and third party products and services we believe may be of interest to you, such as new features and services, special offers, and updated information, and for other marketing purposes for us or other companies.
  3. Disclosure of Your Data

    We share your Personal Data with third parties as described below:

    • If you register for an account with our Service, we will ask for your consent before we use or share your Personal Data for any purpose other than reason you provided it or otherwise provided by this privacy statement. We do not share the Personal Data collected in your registration information with our third party partners for marketing purposes unless you have Opt-in (granted us permission to do so). The privacy policies of our third party partners may apply to their use and disclosure of your Personal Data that we collect and disclose to them. Because we do not control the privacy practices of our third party partners, you should read and understand their privacy policies.
    • We may share your Personal Data with third party service providers under contract to perform functions on our behalf. Examples include sending postal mail or e-mail, storing data, analyzing data, performing quality assurance, providing billing and payment services, providing technical support, providing marketing assistance, verifying identity, and providing customer service. These third parties may have access to your Personal Data only as needed to perform their functions.
    • We may share your Personal Data with any companies that acquire our company or our assets. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
    • We may share some or all of your Personal Data with any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
    • We may disclose your Personal Data if we have a good faith belief that disclosure is necessary to: (1) comply with the law or with legal process served on us; (2) protect and defend the rights or property of us or our users; (3) act in an emergency to protect someone’s safety; or (4) investigate any violation or potential violation of the law or this Privacy Policy.
  4. Use and Disclosure of Anonymous Data.

    You agree that we may use and share with third parties Anonymous Data for any purpose and in any manner. Anonymous Data includes non-personally identifiable data we create from Personal Data by excluding information that makes such data personally identifiable.

  5. Your Choices Regarding Your Personal Data

    • Your Control of the Use of Your Personal Data.

      We offer you choices regarding the collection, use, and disclosure of your Personal Data. If you have registered for an account with our service, we may periodically send you free newsletters and emails about new services, products, or other noteworthy news, or that may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive, by changing your account settings, or by contacting us at support@powercloudsystems.com. Should you opt-out of receiving future communications, we may share your email address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated email preferences, we may send you notices of any updates to our Privacy Policy, or other terms for the Service or the Site.

    • Changes to Personal Data.

      You may change any of your Personal Data we store by editing your profile through the Service or by sending us e-mail or postal mail at the address below. You may request deletion of your Personal Data by sending us e-mail or postal mail at the address below, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

  6. Security.

    We have commercially reasonable security measures in place to help protect against loss, misuse and alteration of your Personal Data in our possession. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while PowerCloud uses reasonable efforts to protect your Personal Data, PowerCloud cannot guarantee its absolute security.

  7. California Privacy Rights.

    If you are a California resident, you have the right under California law to from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

    PowerCloud qualifies for the alternative option. We have a comprehensive privacy statement, and provide you with details on how you may either Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and would like request information about how to exercise your third party disclosure choices, please send a request to support@powercloudsystems.com.

  8. Linked Websites.

    We may provide links to other third-party websites and services, which are outside our control and not covered by this Privacy Statement. We encourage you to review the privacy statements posted on those websites (and all websites) you visit.

  9. Forums/Chat Rooms.

    If you participate in a discussion forum or chat room one of our websites, you should be aware that the information you provide there will be made broadly available to others, and can be read, collected or used by other users of these forums, potentially inside or outside PowerCloud, who have access to that discussion forum or chat room. This information could also be used to send you unsolicited messages. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of PowerCloud. We are not responsible for the Personal Data or any other information you choose to submit in these forums.

  10. Changes.

    We may amend this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you by posting the change on the Site or sending you an e-mail at your primary email address, as specified in your account. Any changes to this Privacy Policy will be effective immediately for new users of our Service or the Site; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on the Site. You are responsible at all times for updating your account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason we are not reasonably able to deliver to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service or the Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes. Except for any change otherwise made in accordance with this Section 7, no amendment to this Privacy Policy will be valid unless in a writing hand-signed by the parties.

  11. Contacting PowerCloud.

    We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at support@powercloudsystems.com or contact us at the following address:

    PowerCloud Systems, Inc.
    Attn: Privacy Policy
    3333 Coyote Hill Road
    Palo Alto, CA 94304

For customers that have signed up before May 2nd, 2014 the following Privacy Policy stays in effect through May 31st, 2014.

PowerCloud Privacy Policy and your California Privacy Rights
Revised: March 1, 2013

PowerCloud® Systems, Inc. ("PowerCloud," "we," or "us") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from visitors to our websites including, but not limited to, www.powercloudsystems.com, www.cloudcommand.com, www.enablenetworks.com, and www.skydog.com("Sites"), users of our Skydog™ and CloudCommand™ services that enable the configuration and management of wireless networks ("Services"), and users of wireless networks that are configured and/or managed through the Service (each, a "Network"). We do not own, control, or operate Networks, however, and your use of Networks is also subject to the privacy policies of their operators.

By submitting Personal Data through the Site or Service or using a Network, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country where it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.

  1. Types of Data We Collect

    We collect Personal Data and Anonymous Data from you when you visit the Site, use the Service, and/or when you send us information or communications. “Personal Data” means data that allows someone to identify or contact you, including your name, address, telephone number, e-mail address, and any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.

    • Data You Provide to Us.

      We receive and store any information you enter through the Site or Service or otherwise provide to us:

      • We collect Personal Data from you, such as your user name, password, first and last name, e-mail address, postal address, and telephone number, when you create an account for the Service.
      • If you use a Network and the network administrator has enabled the MAC whitelisting security feature, we collect your e-mail address or phone number when you accept the security token sent to your device.
      • Credit card billing information or other payment information is collected by our third party payment processor, not PowerCloud, and the collection, use, and disclosure of such information is subject to the privacy policy and other terms and conditions of such third party payment provider and not by the terms of our Privacy Policy.
      • If you contact us via e-mail, we may collect your name and e-mail address, as well as any other Personal Data included in the e-mail or that you submit to us.
    • Data Collected Through Use of Our Technology.

      We collect information about you relating to your use of the Site or Service.

      • We collect information about the configuration of and activities on wireless networks configured and/or managed using the Service.
      • If you use a Network, we collect information relating to your activities on the Network, such as hardware address, geolocation, access point used, upload and download activities and patterns, and date, time, and duration of network usage. If a Network administrator assigns a name to your device, we collect this information.
      • Our servers (which may be hosted by a third party service provider) collect information related to your visit to the Site, such as browser type and version, operating system, platform, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and a date/time stamp for your visit.
      • We may use cookies, Flash cookies, and navigational data like Uniform Resource Locators (URLs) on the Site to gather information about your online activities relating to the Site, such as the date and time of your visit, the information for which you searched and which you viewed, and the sites you visited before and after visiting the Site. We may also use a cookie and Flash cookie to save your settings and to provide customizable and personalized services. A “cookie” is a small data file placed on your hard drive when you visit certain websites. A “Flash cookie” is a small data file placed on your hard drive when you visit certain websites that use Adobe Flash. You may disable cookies by adjusting the preferences settings of your browser. Consult the “Help” feature of your browser for specific instructions. To adjust Flash cookie settings, access your Flash management tools from Adobe’s web site directly. If you choose to disable cookies or Flash cookies, certain areas of the Site may not work properly. Our advertisers and partners may also use their own cookies. We do not control use of these cookies used by advertisers and partners and expressly disclaim responsibility for information collected through them.
      • We use software tools such as Flash or JavaScript on the Site to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages.
      • We may use clear gifs (otherwise known as web bugs or web beacons) to gather information about your visit to the Site, such as what you click on and pages and information you viewed. Additionally, be aware that advertisers and partners may also use their own clear gifs and we do not control use of these by advertisers and partners and expressly disclaim responsibility for information collected through them. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a user’s hard drive, clear gifs are embedded invisibly on web pages.
  2. Use of Your Data

    In general, Personal Data you submit to us is used to provide you with a customized experience, aid us in serving you better, and to respond to your requests. We use your Personal Data to:

    • facilitate the creation of and secure the accounts on our Service;
    • provide you the features and functionality of the Service and/or Site;
    • improve our products and services;
    • analyze request and usage patterns, diagnose problems with our servers, and administer our Service;
    • improve the quality of experience and provide you a personalized experience when you use the Service or Site;
    • send you administrative e-mail notifications, such as security or support and maintenance advisories (The e-mails we send may contain code that enables our database to track your usage of the e-mail, such as whether the e-mail was opened and/or what links (if any) were clicked);
    • respond to your inquiries related to employment opportunities or other requests; and
    • send you, if you hold an account with our Service, e-mail messages or postal mail informing you of our products and services and third party products and services we believe may be of interest to you, such as new features and services, special offers, and updated information, and for other marketing purposes for us or other companies.
  3. Disclosure of Your Data

    We share your Personal Data with third parties as described below:

    • If you register for an account with our Service, we will ask for your consent before we use or share your Personal Data for any purpose other than reason you provided it or otherwise provided by this privacy statement. We do not share the Personal Data collected in your registration information with our third party partners for marketing purposes unless you have Opt-in (granted us permission to do so). The privacy policies of our third party partners may apply to their use and disclosure of your Personal Data that we collect and disclose to them. Because we do not control the privacy practices of our third party partners, you should read and understand their privacy policies.
    • We may share your Personal Data with third party service providers under contract to perform functions on our behalf. Examples include sending postal mail or e-mail, storing data, analyzing data, performing quality assurance, providing billing and payment services, providing technical support, providing marketing assistance, verifying identity, and providing customer service. These third parties may have access to your Personal Data only as needed to perform their functions.
    • We may share your Personal Data with any companies that acquire our company or our assets. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
    • We may share some or all of your Personal Data with any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
    • We may disclose your Personal Data if we have a good faith belief that disclosure is necessary to: (1) comply with the law or with legal process served on us; (2) protect and defend the rights or property of us or our users; (3) act in an emergency to protect someone’s safety; or (4) investigate any violation or potential violation of the law or this Privacy Policy.
  4. Use and Disclosure of Anonymous Data.

    You agree that we may use and share with third parties Anonymous Data for any purpose and in any manner. Anonymous Data includes non-personally identifiable data we create from Personal Data by excluding information that makes such data personally identifiable.

  5. Your Choices Regarding Your Personal Data

    • Your Control of the Use of Your Personal Data.

      We offer you choices regarding the collection, use, and disclosure of your Personal Data. If you have registered for an account with our service, we may periodically send you free newsletters and emails about new services, products, or other noteworthy news, or that may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive, by changing your account settings, or by contacting us at support@powercloudsystems.com. Should you opt-out of receiving future communications, we may share your email address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated email preferences, we may send you notices of any updates to our Privacy Policy, or other terms for the Service or the Site.

    • Changes to Personal Data.

      You may change any of your Personal Data we store by editing your profile through the Service or by sending us e-mail or postal mail at the address below. You may request deletion of your Personal Data by sending us e-mail or postal mail at the address below, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

  6. Security.

    We have commercially reasonable security measures in place to help protect against loss, misuse and alteration of your Personal Data in our possession. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while PowerCloud uses reasonable efforts to protect your Personal Data, PowerCloud cannot guarantee its absolute security.

  7. California Privacy Rights.

    If you are a California resident, you have the right under California law to from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

    PowerCloud qualifies for the alternative option. We have a comprehensive privacy statement, and provide you with details on how you may either Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and would like request information about how to exercise your third party disclosure choices, please send a request to support@powercloudsystems.com.

  8. US-EU Safe Harbor Framework.

    PowerCloud complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. PowerCloud has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view PowerCloud’s certification, please visit http://www.export.gov/safeharbor/.

  9. Linked Websites.

    We may provide links to other third-party websites and services, which are outside our control and not covered by this Privacy Statement. We encourage you to review the privacy statements posted on those websites (and all websites) you visit.

  10. Forums/Chat Rooms.

    If you participate in a discussion forum or chat room one of our websites, you should be aware that the information you provide there will be made broadly available to others, and can be read, collected or used by other users of these forums, potentially inside or outside PowerCloud, who have access to that discussion forum or chat room. This information could also be used to send you unsolicited messages. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of PowerCloud. We are not responsible for the Personal Data or any other information you choose to submit in these forums.

  11. Changes.

    We may amend this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you by posting the change on the Site or sending you an e-mail at your primary email address, as specified in your account. Any changes to this Privacy Policy will be effective immediately for new users of our Service or the Site; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on the Site. You are responsible at all times for updating your account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason we are not reasonably able to deliver to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Service or the Site following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes. Except for any change otherwise made in accordance with this Section 7, no amendment to this Privacy Policy will be valid unless in a writing hand-signed by the parties.

  12. Contacting PowerCloud.

    We welcome your comments or questions regarding this Privacy Policy. Please e-mail us at support@powercloudsystems.com or contact us at the following address:

    PowerCloud Systems, Inc.
    Attn: Privacy Policy
    3333 Coyote Hill Road
    Palo Alto, CA 94304