Privacy

BLUEWAVE TECHNOLOGIES, LLC PRIVACY POLICY FOR:

WEBSITE, FaceScope® MOBILE APP AND SecureX® MOBILE APP

BlueWave Technologies, LLC is committed to safeguarding the privacy of our website visitors and mobile app users. This policy sets out how we will treat your personal information.

Notice to EU visitors: we use cookies to understand how you use our site and to improve your experience. This includes personalizing content and advertising. By continuing to use our site, you accept our use of cookies and privacy policy.

(1) What information do we collect?

We may collect, store and use the following kinds of personal data:

(a) information about your visits to and use of this website or use these mobile apps.

(b) information that you provide to us for the purposes of contacting us about our products and services, inclusive of inquiries from the press, members of the entertainment community, legal community or any other purpose. By giving us your information through a Web form, you consent to allow BlueWave Technologies, LLC to store and process your information so that our team can contact you.

We may collect, store and use non-personal data about your visits to and use of this website or use of these mobile apps.

(c) BlueWave Technologies, LLC uses information collected to provide you with the information you request. BlueWave Technologies may use information collected to provide you with additional information about our services, partners, promotions, and events. BlueWave Technologies may also use information collected to improve our Websites, mobile apps and Services. We do not sell, rent, or trade personally identifiable information with third parties for their promotional purposes. We may share information collected with other companies that work on our behalf to better serve you.

(2) Information about website visits

We may collect information about your computer and your visits to this website such as your IP address, geographical location, browser type, phone number, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.

We use cookies and similar technologies (web beacons, tags, JavaScript, etc.) on this website and mobile apps.  A cookie is a text file sent by a web server to a web browser and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. These cookies enable the web server to track overall usage, determine which areas you prefer, and customize your experience by recognizing you.

BlueWave Technologies, LLC uses both session-based and persistent cookies. Session cookies only exist during a single session and disappear from your computer as soon as you close your browser software or turn off your computer. Persistent cookies, however, stay on your device after you close your browser or turn off your device.

We may use anonymous cookies to record non-personal information such as website activity, date and time of visit, and domain type. We may use this information for retargeting purposes.

Please note that many web browsers allow you to refuse to accept cookies. You have the ability to disable cookies, however it may limit your use of certain features or functions on our websites or services and have a negative impact upon the usability of many websites, including this one.

The following are types of cookies and how you can manage your settings:

Functional cookies – These cookies allow us to store information about you such as where you’re from, which language you speak and other factors that help us optimize your user experience. We use third-party technology (e.g. Google Analytics) to track and analyze this information. To manage the use of functional cookies on BlueWave Technologies websites, please consult your individual browser’s settings. You can opt out from data collection by Google Analytics by downloading and installing the browser add-on.

Advertising cookies – BlueWave Technologies may use cookies that are delivered by us or third-party solutions that are used to show you ads for BlueWave Technologies products or services that might interest you and to better manage and track your ad preferences. We may also use third party solutions that recognize you across different devices and sites. Third parties may use this information to tailor their advertisements to your interests. You may see their advertisements on other websites or mobile applications on any of your devices. This process enables us to better track and manage our marketing campaigns.

Required cookies – These cookies enable us to identify you when you are returning to our site and process online requests. Since these cookies are essential to our site’s operation, there is no option to opt out of required cookies.

We may send a cookie which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing or sales purposes. We may also use that information to recognize your computer when you visit our website, and to personalize our website for you.

(3) Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

In addition to the uses identified elsewhere in this privacy policy, we may use your personal information to:

(a) improve your browsing experience by personalizing the website or use of mobile apps.

(b) send information to you which we think may be of interest to you by post or by email or similar technology;

(c) send to you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology.

(d) provide other companies with statistical information about our users. Note that any such shared information will not be used to identify any individual user.

(4) Using your non-personal data

Non-personal data may be collected and shared to provide relevant and targeted advertisements through retargeting. All data is anonymous and cannot be used to identify the visitor.

(5) Other disclosures

In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this privacy policy, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).

(6) Security of your personal data

We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the Internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet.

In the event you are a BlueWave Technologies, LLC customer logging into our support portal, be advised that you are responsible for keeping your passwords confidential. We will not ask you for your passwords.

(7) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

(8) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies of third-party websites.

(9) Contact

Please contact BlueWave Technologies, LLC if you have questions about this privacy policy.

Software License Agreement

The parties agree to the terms of this agreement.

  1. License Grant

1.1. Software License. BLUEWAVE TECHNOLOGIES, LLC hereby grants to [PARTY B] a non-exclusive, non-transferable, non-sublicensable, revocable license to the use its Software.

1.2. No Other Rights. BLUEWAVE TECHNOLOGIES, LLC reserves for itself all other rights and interest not explicitly granted under this agreement.

1.3. Software. “Software” means “said software being provided by the Company to Party B for Party B’s use).

  1. Training and Support Services

2.1. Training. BLUEWAVE TECHNOLOGIES, LLC shall, at its expense, provide [PARTY B] and/or its employees with the initial training services necessary and desirable to operate the Software, as further described upon acceptance of said Agreement.

2.2. Support

(a) Initial Support. For the (as specified in contract) month period beginning on the Effective Date, and at BLUEWAVE TECHNOLOGIES, LLC’s own expense, BLUEWAVE TECHNOLOGIES, LLC shall provide [PARTY B] with

(i) telephone or electronic support during BLUEWAVE TECHNOLOGIES, LLC’s normal business hours in order to help [PARTY B] locate and correct problems with the Software, and

(ii) internet-based support system generally available seven days a week, twenty-four hours a day or as agreed upon by and between both parties.

(b) Renewed Support. After the initial (as specified in contract) month support period, [PARTY B] may elect to renew BLUEWAVE TECHNOLGIES, LLC’s support services under this paragraph [SUPPORT] for additional (as specified in contract) month periods, at BLUEWAVE TECHNOLOGIES, LLC’s current service rates or rates agreed upon by and between both parties.

  1. Updates and Maintenance Services 2 of 9

3.1. Updates. BLUEWAVE TECHNOLOGIES, LLC shall provide [PARTY B], at BLUEWAVE TECHNOLOGIES, LLC’s sole expense, with all updates, extensions, enhancement, modifications, and other changes BLUEWAVE TECHNOLOGIES, LLC makes or adds to the Software and which BLUEWAVE TECHNOLOGIES, LLC offers to other licensees of the Software.

3.2. Fixes and Patches. BLUEWAVE TECHNOLOGIES, LLC shall provide [PARTY B], at BLUEWAVE TECHNOLOGIES, LLC’s sole expense, with bug fixes and code corrections to correct Software malfunctions and defects in order to bring the Software into substantial conformity with its operating specifications.

3.3. Exceptions. BLUEWAVE TECHNOLOGIES, LLC may, but will not be required to, provide these maintenance services if [PARTY B] has modified the Software or is in default.

  1. License Fees. [PARTY B] shall pay BLUEWAVE TECHNOLOGIES, LLC the license fee of $(as specified in contract) / per (as specified in contract) listed in [ATTACHMENT] (“if applicable”).
  2. License Fees

5.1. License Fee Paid in Full. [PARTY B] shall pay the License Fee to BLUEWAVE TECHNOLOGIES, LLC

(a) in full,

(b) due on the (as specified in contract) day of(as specified in contract) each month.

(c) if fees are not rendered within (3 days), PARTY B’s access to software will be restricted, denied and/or terminated until PARTY B has rendered payment if full including any late fees, service charges, or other charges which may apply at the discretion of BLUEWAVE TECHNOLOGIES, LLC.

(d) Payments shall be made in immediately available funds, and

(e) to the account BLUEWAVE TECHNOLOGIES, LLC lists immediately below (if applicable):

Account Number:

Routing Number:

  1. Taxes. Payment amounts under this agreement do not include Taxes, and [PARTY B] shall pay all Taxes applicable to payments between the parties under this agreement if applicable.
  2. Interest on Late Payments. Any amount not paid when due will bear interest from the due date until paid at a rate equal to (as specified in contract) per month or the maximum allowed by Law, whichever is less.
  3. Restricted Uses. [PARTY B] will not be allowed to:

8.1. distribute, license, loan, or sell the Software or other content that is contained or displayed in it, 3 of 9

8.2. modify, alter, or create any derivative works from the Software,

8.3. reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Software,

8.4. remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.

  1. Permitted Uses

9.1. Installation. [PARTY B] may install and use the Software solely for [personal, non-commercial] [internal business] use or any use firstly approved by BLUEWAVE TECHNOLOGIES, LLC.

9.2. Evaluation Use. If [PARTY B] has ordered an evaluation license, [PARTY B] may use the Software only for evaluation purposes and only during the applicable evaluation period.

9.3. Server Deployment. [PARTY B] may install (as specified in contract) number of copies of the Software on an internal file server for purposes of downloading and installing the Software on licensed computers within the same internal network.

9.4. Home Use. [PARTY B] may install a copy of the Software on a personal or home computer, provided both copies of the Software are not used at the same time.

9.5. Backup and Archival Copies. [PARTY B] may make one copy of the Software solely for backup or archival purposes if authorized by BLUEWAVE TECHNOLOGIES, LLC.

  1. Term. This agreement begins on (as specified in contract) day of (as specified in contract) and will continue until terminated (the “Term”).
  2. Representations

11.1. Mutual Representations

(a) Existence. The parties are corporations incorporated and existing under the laws of the jurisdictions of their respective incorporation.

(b) Authority and Capacity. The parties have the authority and capacity to enter into this agreement.

(c) Execution and Delivery. The parties have duly executed and delivered this agreement.

(d) Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

(e) No Conflicts. Neither party is under any restriction or obligation that the party could reasonably expect might affect the party’s performance of its obligations under this agreement.

(f) No Breach. Neither party’s execution, delivery, or performance of its obligations under this agreement will breach or result in a default under

(i) its articles, bylaws, or any unanimous shareholders agreement,

(ii) any Law to which it is subject, 4 of 9

(iii) any judgment, Order, or decree of any Governmental Authority to which it is subject, or

(iv) any agreement to which it is a party or by which it is bound.

(g) Permits, Consents, and Other Authorizations. Each party holds all Permits and other authorizations necessary to

(i) own, lease, and operate its properties, and

(ii) conduct its business as it is now carried on.

(h) No Disputes or Proceedings. [Except as disclosed in the parties respective Disclosure Schedules (if applicable)] There are no Legal Proceedings pending, threatened, or foreseeable against either party, which would affect that party’s ability to complete its obligations under this agreement.

(i) No Bankruptcy. Neither party has taken or authorized any proceedings related to that party’s bankruptcy, insolvency, liquidation, dissolution, or winding up.

11.2. BLUEWAVE TECHNOLOGIES, LLC’s Representations

(a) Disclosure Schedule. BLUEWAVE TECHNOLOGIES, LLC’s Disclosure Schedule lists any exceptions to its representations.

(b) Ownership of Intellectual Property. [Except as disclosed in BLUEWAVE TECHNOLOGIES, LLC’s Disclosure Schedule if applicable) ]; BLUEWAVE TECHNOLOGIES LLC:

(i) is the owner of all Intellectual Property rights included in the Software and granted under in the SOFTWARE and

(ii) has the exclusive right to grant the SOFTWARE.

(c) Maintenance of Intellectual Property. BLUEWAVE TECHNOLOGIES, LLC has properly maintained all its Intellectual Property rights licensed under the SOFTWARE, including paying all applicable registration and maintenance fees.

(d) No Prior Grant or Transfer. BLUEWAVE TECHNOLOGIES, LLC has not granted and is not obligated to grant any license to any third party that would conflict with the SOFTWARE under this agreement

(e) No Infringement. [To BLUEWAVE TECHNOLOGIES, LLC’s Knowledge,] The Software does not infringe the Intellectual Property rights or other rights of any third party.

(f) No Third-Party Infringement. [Except as disclosed in BLUEWAVE TECHNOLOGIES, LLC’s Disclosure Schedule (if applicable)] To BLUEWAVE TECHNOLOGIES, LLC’s Knowledge, no third party is infringing its Intellectual Property rights in the Software.

(g) Not in Public Domain. The Software is not in the public domain.

  1. No Warranty

12.1. “As-Is”. The [Licensed] Software is provided “as is,” with all faults, defects, bugs, and errors.

12.2. No Warranty. Unless otherwise listed in this agreement,

(a) BLUEWAVE TECHNOLOGIES, LLC does not make any warranty regarding the [Licensed] Software, which includes that 5 of 9

(b) BLUEWAVE TECHNOLOGIES, LLC disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.

  1. Intellectual Property. BLUEWAVE TECHNOLOGIES, LLC will retain exclusive interest in and ownership of its Intellectual Property rights in and to the Software and expressly reserves all rights not expressly granted under this agreement.
  2. Compliance with Laws. Each party shall

14.1. comply with all applicable Laws [relating to [SUBJECT MATTER OF AGREEMENT]], and

14.2. notify the other party if it becomes aware of any non-compliance in connection with this section.

  1. Confidentiality Obligations. The parties shall continue to be bound by the terms of the non-disclosure agreement between the parties, dated as of the effective date of this Agreement and attached herein in a separate document entitled Non-Disclosure Agreement.
  2. Publicity

16.1. Consent. Neither party will use the other party’s name, logo, or trademarks, or issue any press release or public announcement regarding this agreement, without the other party’s written consent, unless specifically permitted under this agreement or required by Law.

16.2. Cooperation. The parties shall cooperate to draft all appropriate press releases and other public announcements relating to the subject matter of this agreement and the relationship between the parties.

16.3. No Unreasonable Delay. The parties will not unreasonably withhold or delay their consent to press releases or public announcements.

  1. Termination

17.1. Termination on Notice. Either party may terminate this agreement for any reason within reason and with written request delivered allowing 30 Business Days’ notice to the other party.

17.2. Termination for Material Breach. Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if

(a) the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and 6 of 9

(b) the failure, inaccuracy, or breach continues for a period of 30 Business Days’ after the injured party delivers notice to the breaching party reasonably detailing the breach.

  1. Effect of Termination

18.1. Payment Obligations. On the expiration or termination of this agreement, each party shall

(a) pay any amounts it owes to the other party, including payment obligations for services already rendered, work already performed, goods already delivered, or expenses already incurred, and

(b) refund any payments received but not yet earned, including payments for services not rendered, work not performed, or goods not delivered, expenses forwarded.

18.2. Termination of License Grant. On the expiration or termination of this agreement the SOFTWARE granted under this agreement will terminate with immediate effect.

  1. Return of Property. On termination or expiration of this agreement, or on BLUEWAVE TECHNOLOGIES, LLC’s request, [PARTY B] shall

19.1. return to BLUEWAVE TECHNOLOGY, LLC all originals of the information, documents, equipment, files, and other property, including Intellectual Property, it received from BLUEWAVE TEHNOLOGIES, LLC.

19.2. destroy all copies of BLUEWAVE TECHNOLOGIES, LLC’s information, documents, equipment, files, and other property, including Intellectual Property, it made, and

19.3. on BLUEWAVE TECHNOLOGIES, LLC’s request, certify to BLUEWAVE TECHNOLOGIES, LLC in writing that it destroyed all these copies.

  1. Indemnification

20.1. Indemnification by [PARTY B]. [PARTY B] (as an indemnifying party) shall indemnify BLUEWAVE TECHNOLOGIES, LLC (as an indemnified party) against all losses and expenses in connection with any proceeding arising out of

(a) [PARTY B]’s use of the Software, and

(b) [PARTY B]’s unauthorized customization, modification, or other alterations to the Software, including claims that its customization, modification, or other alterations infringe a third party’s Intellectual Property rights,

20.2. Mutual Indemnification. Each party (as an indemnifying party) shall indemnify the other (as an indemnified party) against all losses in connection with any proceeding arising out of the indemnifying party’s willful misconduct or gross negligence.

20.3. Notice and Failure to Notify

(a) Notice Requirement. Before bringing a claim for indemnification, the indemnified party shall

(i) notify the indemnifying party of the indemnifiable proceeding, and 7 of 9

(ii) deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indemnifiable proceeding.

(b) Failure to Notify. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party’s failure.

20.4. Exclusive Remedy. The parties’ right to indemnification is the exclusive remedy available in connection with the indemnifiable proceedings described in this section [INDEMNIFICATION].

  1. Limitation on Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
  2. General Provisions

22.1. Entire Agreement. The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement,

(a) represent the final expression of the parties’ intent relating to the subject matter of this agreement,

(b) contain all the terms the parties agreed to relating to the subject matter, and

(c) replace all of the parties’ previous discussions, understandings, and agreements relating to the subject matter of this agreement.

22.2. Counterparts

(a) Signed in Counterparts. This agreement may be signed in any number of counterparts.

(b) All Counterparts Original. Each counterpart is an original.

(c) Counterparts Form One Document. Together, all counterparts form one single document.

22.3. Amendment. This agreement can be amended only by a writing signed by both parties.

22.4. Assignment. Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party’s written consent.

22.5. Notices

(a) Method of Notice. The parties shall give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid [, (iv) fax] [, or (v) electronic mail] to the party’s address specified in this agreement, or to the address that a party has notified to be that party’s address for the purposes of this section.

(b) Receipt of Notice. A notice given under this agreement will be effective on

(i) the other party’s receipt of it, or 8 of 9

(ii) if mailed, the earlier of the other party’s receipt of it and the [fifth] business day after mailing it.

22.6. Governing Law and Consent to Jurisdiction and Venue

(a) Governing Law. This agreement, and any dispute arising out of the SOFTWARE LICENSING OF THE AGREEMENT, shall be governed by the laws of the State of WASHINGTON.

(b) Consent to Jurisdiction. Each party hereby irrevocably consents to the non-exclusive jurisdiction and venue of any State or Federal court located within the State of Washington, Country of the United States of America in connection with any matter arising out of this agreement or the transactions contemplated under this agreement.

(c) Consent to Service. Each party hereby irrevocably

(i) agrees that process may be served on it in any manner authorized by the Laws of the State of Washington, and

(ii) waives any objection which it might otherwise have to service of process under the Laws of the State of Washington.

22.7. Dispute Resolution

(a) Arbitration. Any dispute or controversy arising out of this agreement and Software Licensing of such will be settled by arbitration in Washington, according to the rules of the American Arbitration Association then in effect.

(b) Judgment. Judgment may be entered on the arbitrator’s award in any court having jurisdiction.

(c) Arbitrator’s Authority. The arbitrator will not have the power to award any punitive [or consequential] damages.

22.8. Waiver

(a) Affirmative Waivers. Neither party’s failure or neglect to enforce any rights under this agreement will be deemed to be a waiver of that party’s rights.

(b) Written Waivers. A waiver or extension is only effective if it is in writing and signed by the party granting it.

(c) No General Waivers. A party’s failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that or any other of its rights.

(d) No Course of Dealing. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

22.9. Severability. If any part of this Agreement declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

  1. 23. Liability. The SecureX mobile App is a technology tool and not a guarantee of safety, security, or protection. 911 should therefore be dialed first in the event any such threat shall arise. BLUEWAVE TECHNOLIGIES, LLC shall not be held liable or responsible for the prevention of crime, safety for the user of

said mobile App, security or protection, reliability or accuracy of the mobile App or any information pertaining to such herein. Furthermore, 9 of 9

BLUEWAVE TECHNOLOGIES, LLC shall be held harmless if an end user downloads the SecureX Mobile App and any such situations or those likewise shall occur.

  1. FaceScope Mobile App Privacy/Data Use.

(a) The image is first taken and matched with indexed faces in the BLUEWAVE TECHNOLOGIES, LLC database.

(b) Shall the image not be found as indicated in Section 24(a), the image shall then become indexed for future use and saved to the BLUEWAVE TECHNOLOGIES, LLC’s encrypted servers.

(c) If the image is found as indicated in Section 24(a), the App shall then show a positive match is found and the image shall neither become indexed nor saved in the BLUEWAVE TECHNOLOGIES, LLC database.

(d) The User data, i.e. Name, Date of birth, Address, GPS location and, shall be stored on BLUEWAVE TECHNOLOGIES, LLC’s encrypted servers on a new entry and the data is to then be shown to agent if or whenever the next time the violator is found.

(e) BLUEWAVE TECHNOLOGIES, LLC holds the rights to share any information collected with third parties.

BLUEWAVE TECHNOLOGIES, LLC shall be held harmless if an end user downloads the SecureX Mobile App and any such situations or those likewise shall occur.

  1. FaceScope Mobile App Privacy/Data Use.

(a) The image is first taken and matched with indexed faces in the BLUEWAVE TECHNOLOGIES, LLC database.

(b) Shall the image not be found as indicated in Section 24(a), the image shall then become indexed for future use and saved to the BLUEWAVE TECHNOLOGIES, LLC’s encrypted servers.

(c) If the image is found as indicated in Section 24(a), the App shall then show a positive match is found and the image shall neither become indexed nor saved in the BLUEWAVE TECHNOLOGIES, LLC database.

(d) The User data, i.e. Name, Date of birth, Address, GPS location and, shall be stored on BLUEWAVE TECHNOLOGIES, LLC’s encrypted servers on a new entry and the data is to then be shown to agent if or whenever the next time the violator is found.

(e) BLUEWAVE TECHNOLOGIES, LLC holds the rights to share any information collected with third parties.