Overview Customer Agreement Authorized User Agreement Privacy Policy Data Privacy Framework Notice Support Security Practices Cookie Policy Subprocessors Third-Party Software Licenses HIPAA Business Associate Agreement GDPR Data Processing Addendum

Last Updated: March 11th, 2024 with references to the Data Privacy Framework Program

This policy (the "Privacy Policy") applies to data collected by Cerulean Studios, LLC ("Cerulean") through the Noncee software, services, and websites (together, the "Noncee Services"). This Privacy Policy does not apply to information collected by websites, software, services, plugins, or features provided by third parties (the "Third-Party Services") and accessible through the Noncee Services or otherwise. Please contact the providers of the Third-Party Services if you have questions about their privacy policies.

Table of Contents

1. Information We Collect
2. Ways Your Information Is Used
3. Ways Your Information Is Disclosed to Others
4. Security
5. Your Rights
6. Compliance
7. Other Important Privacy Information

1. The Information We Collect

1.1. Your Noncee Account. In order to access the Noncee Services, Cerulean requires that you create a unique username (your "Noncee Username") and password (together, your "Noncee Account"). In association with your Noncee Account, we will store any demographic or other information (for example, your name, gender, age, email, phone number, or avatar) you choose to provide to us for the purpose of creating a user profile. We may display profile information that you choose to provide to us when you authorize us to publish it in a public user directory or when you request permission to communicate with other users via the Noncee Services, who will then have the ability to see the contents of the same.

1.2. Your Contact List. Your contact list (including any groups you've created, notes you've assigned to contacts, and display names) is stored on Cerulean's servers. By storing your contact list, we are able to synchronize it between devices as well as provision new devices with your contact list should a local copy not exist yet. Your contact list is only available to the Noncee Account that uploads it.

1.3. Third-Party Instant Messenger Usernames and Passwords. At your option, you may request that Cerulean stores certain third-party network account information (encrypted usernames and passwords) on its servers ("Encrypted Third-Party Account Information"). This encrypted information is only accessible by you and cannot be read by third parties, including Cerulean employees. If you choose to disable the storage of Encrypted Third-Party Account Information, Encrypted Third-Party Account Information will only be stored on the device(s) on which Noncee is installed.

1.4. Noncee-to-Noncee Instant Messages. Instant messages you send to other Noncee users via the Noncee Services are sent to Cerulean's servers for final delivery to the recipient(s) of your choosing. If the recipient of an instant message is offline, Cerulean will store the instant message until such time as the recipient signs in to retrieve it, after which it will be deleted.

1.5. Many-to-Many Group Chats. Most versions of Noncee support many-to-many group chats via the Noncee Services. Group chat messages are stored on Cerulean's servers to ensure that all participants of a group chat have access to its messages. Group chat messages that are uploaded to our servers are only available to the Noncee Accounts that belong to the group chat in question and as otherwise described in this Privacy Policy.

1.6. Noncee's "Continuous Client" Feature. In the event you choose to connect to a Third-Party Service through Noncee (e.g. a Jabber/XMPP account), certain versions of Noncee will send the instant messages you send and receive via that Third-Party Service to Cerulean's servers in order to send the same to any other connected Noncee device. Messages sent to Cerulean's servers in this way are stored until all connected Noncee devices acknowledge receipt of the message, after which they are deleted.

1.7. Cloud History. Certain Noncee software will offer you the option to archive your instant messages for long-term storage, including those sent via Third-Party Services (together, "Cloud History"), on Cerulean's servers. Cloud History uploaded to our servers is only available to the Noncee Account that uploads it.

1.8. Mobile Versions of Noncee. Versions of Noncee built for mobile devices operate by establishing connections to Cerulean's servers. In order to provide services through mobile versions of Noncee, Cerulean may temporarily store recent instant messenger session information, including recent instant messages. This information is stored only for the purpose of transmitting the information back to you (e.g., to reliably deliver messages to a mobile device that temporarily loses internet connectivity, or to provide you with a reminder excerpt of your last conversation), is not permanently archived unless requested by you as a part of the Cloud History feature, and is only available to the Noncee Account that uploads it.

1.9. Shared Media. Certain Noncee software will offer you the option to upload images, files, and voice clips ("Media") you send to other users to Cerulean's servers so that you can access them on multiple devices or platforms. Media that is uploaded to our servers is made available in the form of a URL that you can transmit to other users for viewing. Any person with the URL for Media that you have uploaded will be able to access the Media. You are solely responsible for limiting distribution of the Media URL to intended viewers. You can retrieve and delete Media you upload in this manner using the account tools available on our website.

1.10. Billing Information. If you elect to purchase a paid Noncee service such as Noncee Pro, you may choose to pay with your credit card or PayPal account. In the event that you use PayPal, you will be sent directly to PayPal's servers to complete your transaction. When you purchase a paid Noncee service, your name and details about the product you purchased are stored on our servers. We do not store your credit card information on our servers.

1.11. Cookies. Cerulean may use cookies and similar technologies to help us run the Noncee Services. The Noncee Services may also include cookies and similar tracking technologies of third parties, which may collect information about you via the Noncee Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy available at https://noncee.com/legal/cookie-policy/.

1.12. Usage Statistics. Cerulean's servers may automatically collect and store usage-related information ("Usage Statistics") when you access or use the Noncee Services. Usage Statistics may include information such as anonymous traffic analysis data, crash reports, the access time and date of requests you make to the Noncee Services, pages you're viewing on our websites, your IP address, your Noncee username, and your operating system name and version.

2. Ways Your Information Is Used

2.1. Enabling the Noncee Services. The primary purpose of any information Cerulean collects from you is to enable your use of the Noncee Services. For example, the purpose of you registering a Noncee Account is to allow you to send and receive instant messages to other users, and we use the information you provide to us to facilitate this and other core functionality of the Noncee Services.

2.2. Enabling Certain Third-Party Services. The Noncee Services cannot connect to a Third-Party Service unless you provide us with certain required login information (such as your username, password, and any other required information by such Third-Party Service) (the "Third-Party Account Information"). By providing the Third-Party Account Information to us and accessing and using the Noncee Services, you authorize us to share the Third-Party Account Information with the relevant Third-Party Service solely for the purpose of establishing and authenticating you with the Third-Party Service.

2.3. Improving the Noncee Services. Cerulean collects and uses your information to operate and improve the Noncee Services. These uses may include providing you with more effective customer service; making the Noncee Services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies; and permitting you to gain access to certain features of the Noncee Services not available to the general public.

2.4. Sending Authorized Communications to You. Cerulean may also use your information to communicate with you, including sending certain mandatory service communications such as welcome emails, billing reminders, information on technical service issues, and security announcements. In addition, we may send periodic emails that are considered part of the Noncee Services. We may also occasionally send you product surveys or promotional mailings to inform you of other products or services available from us. You may opt out of promotional mailings and surveys from us by disabling receipt of these items in your user account preferences or by clicking the unsubscribe link in the mailing itself.

3. Ways Your Information Is Disclosed to Others

Except as described in this Privacy Policy, Cerulean will not disclose your information to third parties without your consent. Cerulean does not sell, lease, or rent your email address or contact information to third parties for marketing purposes.

3.1. Your Contacts. The core functionality of the Noncee Services is to enable you to send and receive instant messages to others, including those reachable via Third-Party Services. As such, the people you send messages and files to will see those messages and files, and people to whom you've given permission to add you as a contact will see your name, avatar, and online status.

3.2. Your Employer. Some versions of the Noncee Services are intended for use by organizations. Where the Noncee Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the Noncee Services and is responsible for the Noncee Accounts over which it has control and the data generated by and on behalf of the same. If this is the case, your employer will have full access to your information, including the content of any instant messages you send or receive through the Noncee Services.

3.3. Subprocessors. Cerulean may hire other companies to provide limited services on its behalf ("Subprocessors"), such as handling the processing and delivery of mailings, hosting websites, processing transactions, sending SMS messages, or performing statistical analysis of Noncee Services. Subprocessors will be permitted to obtain only the information they need to deliver such services, are required to maintain the confidentiality of the information, and are prohibited from using it for any other purpose. Additional information about the Subprocessors we use to support delivery of the Noncee Services is set forth at https://noncee.com/legal/subprocessors/.

3.4. Law Enforcement. Cerulean may access or disclose information about you, including the content of your communications, in order to: (i) comply with the law or respond to lawful requests or legal process; (ii) protect the rights or property of Cerulean or our customers, including the enforcement of our agreements or policies governing your use of the Noncee Services; or (iii) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Cerulean employees, customers or the public.

3.5. An Acquiring Company. In the event that Cerulean is acquired by or merges with another company or transfers substantially all of its assets to another company, Cerulean may transfer all of its user information and data, including information about you (including personally identifiable information), to that other company.

4. Security

Please review our Security Practices document, available at https://noncee.com/legal/security-practices/, to learn more about how we protect and secure your data.

5. Your Rights

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to your data, as well as to seek to update, delete or correct your data. You can usually do this using the settings and tools provided within the Noncee Services. If you cannot use the Noncee Services, contact the individual or business responsible for your account for additional access and assistance.

To the extent that Cerulean's processing of your personal data is subject to the General Data Protection Regulation, Cerulean relies on its legitimate interests, described above, to process your data. Cerulean may also process Usage Statistics that constitute your personal data for direct marketing purposes and you have a right to object to Cerulean's use of your personal data for this purpose at any time.

6. Compliance

6.1. United States Operation. Cerulean's servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering a Data Processing Addendum available at https://noncee.com/legal/gdpr-data-processing-addendum/. By using the Noncee Services, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.

6.2. California Privacy. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of personal information, such as name, email and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes; and (ii) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or email at [email protected].

6.3. Data Privacy Framework (DPF) Program. To comply with EU, UK, and Swiss data protection laws, Cerulean complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. These frameworks were developed to enable companies to comply with data protection requirements when transferring personal data from the European Union and the United Kingdom and/or Switzerland to the United States. For more information, see Cerulean's Data Privacy Framework Notice at https://noncee.com/legal/data-privacy-framework-notice/. To learn more about the DPF Program, please see http://www.dataprivacyframework.gov/.

7. Other Important Privacy Information

7.1. Children Under Age 13. Children under 13 are not permitted to register for or use the Noncee Services.

7.2. Changes to This Privacy Policy. Cerulean may update this Privacy Policy from time to time to reflect changes in the Noncee Services and customer feedback. When we post changes to this Privacy Policy, we will revise the "effective" date at the top of this Privacy Policy along with a small explanation of the changes. If there are material changes to this Privacy Policy or in how we will use your information, we will notify you either by prominently posting a notice of such changes on our website prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this Privacy Policy to stay informed of how we are protecting your information. If you disagree with the changes to this Privacy Policy, you may choose to opt out by deleting your account as described in our Help Center at https://noncee.com/help/user/deleting-your-account/.

7.3. Contacting Our Data Protection Officer. Cerulean welcomes your comments and questions regarding this Privacy Policy, including any questions you may have about the particular use of your information. If you would like to communicate with our Data Protection Officer, please email [email protected].