Legal

Privacy Policy

This Privacy Policy is effective as of February 1, 2015

We are committed to protecting our users' information and to making sure our users are aware of our practices regarding the privacy and security of their information. We want you to understand the information that is collected from users of the Ray device and the Ray.co website (collectively referred to as the “Site") and used by Ray Enterprises Inc. (“Ray Enterprises," “we," “our" or “us"), the developer of the Ray device. This Privacy Policy explains our policy regarding the collection, storage and use of certain information, including your personally identifiable information.

The procedures for modifying or changing this Privacy Policy in the future are discussed herein. We will alert you by email if this Privacy Policy is revised (if you have given us your email address), so it is important that you register with us and notify us if you change your email address.

What this Policy Entails

This Privacy Policy describes our practices about the information that we collect and use in connection with the Ray.co website, when you register to use the Ray device and when you use the Ray device. By accessing the Ray.co website, registering to use the Ray device or using the Ray device, you expressly consent and agree to the terms and conditions of this Privacy Policy, including our use and disclosure of your information in accordance with this Privacy Policy. If you do not agree, then please do not access the Ray.co website, register with respect to the Ray device or use the Ray device. You also agree that (i) you are at least eighteen years old and have agreed to this Privacy Policy; or (ii) that you are between the ages of thirteen and eighteen and that your parent or legal guardian has agreed to this Privacy Policy.

A note about children! Personally Identifiable Information of Children Under the Age of 13

The Ray device and the Ray.co website are not intended for children under the age of 13. We do not knowingly solicit or collect personally identifiable information from children under the age of 13. If we know that a child under the age of 13 has submitted personally identifiable information to us, we will take reasonable measures to delete such information from our servers and databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).

Gathering, Use and Disclosure of Non-Personally-Identifying Information

We collect both Non-Personally-Identifying Information and Personally-Identifying Information from you.“Non–Personally–Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. “Personally–Identifying Information," by contrast, is information such as a name, gender, location, biography, email address that can be directly associated with a specific person or entity, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

Web Browsers.

Like most site operators, we gather Non-Personally-Identifying Information from you of the sort that web browsers, depending on their settings, may make available. That information includes your Internet Protocol (“IP") address, operating system and browser type, and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving this Site.

Web Cookies.

A “Web Cookie" is a string of information that a site stores on your computer, and your browser provides to this Site, each time you submit a query to this Site. We may use Web Cookies to track the pages that you visit during each Site session, both to help us improve your experience and to help us understand how this Site is being used.

IF YOU DO NOT WISH TO HAVE WEB COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE WEB COOKIES BEFORE ACCESSING THIS SITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THIS SITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. IF YOU REFUSE WEB COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Web Beacons.

A “Web Beacon" is an object that is embedded in a web page. It is usually invisible to you but allows site operators to check whether you have viewed a particular web page or email communication. We may place Web Beacons on pages of this Site and in emails we send to you.

You may not decline Web Beacons. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

SPECIAL NOTICE: We may collect some of the non-personally identifiable information referenced herein from the Ray.co website through the use of certain third party metrics and analytics tools such as Google Analytics.

We use Google Analytics to enhance navigation and functionality of the Ray.co website, and to let us know how users are using the Ray.co website, so that we can make Ray.co website improvements. Google Analytics uses “cookies", which are elements of data that a website can send to a user's browser and store on a user's computer, and “web beacons" which are typically images used to pass information from your computer to a website or server. Cookies and web beacons can note that a user's browser was used to visit certain sites or pages on a certain date and assist you with navigation during a use session. The information about your usage of the Ray.co website collected through cookies and web beacons is transmitted to and stored on Google's servers.

For information about how you can disable Google Analytics and cookies see the section below entitled, “Opting Out and Control Over Your Information."

Use of Non-Personally-Identifying Information.

We analyze Non–Personally–Identifying Information gathered from users of this Site to help us better understand how this Site is being used. By identifying patterns and trends in usage, we are able to better design this Site to improve your experiences, both in terms of content and ease of use. We link information gathered using Non-Personally-Identifying Information to Personally-Identifying Information.

Disclosure of Non-Personally-Identifying Information.
From time to time, we may also release the Non–Personally–Identifying Information gathered from Site users in the aggregate, such as by publishing a report on trends in the usage of this Site.

Collection, Use and Disclosure of Personally–Identifying Information.
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person or entity. We will only collect Personally-Identifying Information that you knowingly submit to us. We will not disclose your Personally-Identifying Information to third parties unless we obtain your permission to do so at the time we collect it, except as set forth below:

Collecting Personally-Identifying Information from Users.

Registration and Other Information Provided to Us.

When you register with this us, you may be asked to disclose Personally–Identifying Information. You may also choose to submit Personally-Identifying Information to us when you send us an email or use any interactive features and services that we may make available from time to time on this Site. The information that we may ask you to provide includes name, gender, location, email address, biographical information and the movies and television shows that you like to watch. When you create your Profile, you will be asked if you want your Profile to be public or private. If you state that you want your Profile to be private, or if you do not specify whether you want your Profile to be public or private, your Profile will not be available for public viewing.

Public Content.

Your photos, posts, friends, and other content you post to the Site (and your Profile if you designate it as public, including your first name and last initial but excluding any other account registration information) are meant for public consumption. We may display this content on the Site and further distribute it to a wider audience through third party sites and services.

Facebook and other Social Networking Sites.

If you are logged into Facebook or another Social Networking Site (“SNS") that we support, and you access but are not logged into the Site, we may receive information from Facebook or the SNS to make it easier for you to create an account on the Site and to show our relevant content from your Facebook or SNS friends. This information personalizes your experience and helps you create an Account. You can also connect your Account to your accounts on Facebook or other SNSs, in which case we may collect and store information identifying your account with the third party service. We use this information to help you connect and share public content with your friends and followers.

Material You Choose to Reveal in On-line Fora, Blogs, Message Boards, Chat Rooms or Similar Locations.

You may post Personally-Identifying Information on areas of this Site that may be viewed by other users or the public, although we recommend that you do not do so. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on this Site and that you give to other Site users. You are discouraged from publicly posting your full name, telephone numbers, street addresses or other information that identifies you or allows strangers to find you or steal your identity. Despite this prohibition, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.

YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THIS SITE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THIS SITE.

Use of Personally-Identifying Information.

We may use the Personally-Identifiable Information that you submit for any purposes related to our business.

Disclosure of Personally-Identifying Information to third parties.

As described herein (“Collecting Personally–Identifying Information from Site Users"), users may, at their option, disclose their own Personally-Identifying Information by any means they choose. We will disclose Personally-Identifying Information in the following circumstances:

DMCA Infringement Notifications, Counter Notices, Notices of Violations of Site Terms of Service and Other Communications Directed to Us.

By submitting a Digital Millennium Copyright Act (“DMCA") Infringement Notification, Counter Notice or other communication (including communications about content stored on or transmitted through this Site), you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communications in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications and Counter Notices, upon request, we will edit out your name and contact information. However, DMCA Infringement Notifications will be forwarded as submitted to us without any deletions.

Surveys.

From time to time, we may also ask you to participate in surveys for our general business and marketing purposes. Any Personally-Identifying Information provided to us in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.

Contests, Giveaways and other Promotions.

From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your Personally-Identifying Information at the time you sign up for the promotion. You will not be required to participate in any promotion.

By Law, to Protect Rights and to Comply with Our Policies.

We disclose Personally-Identifying Information if: (1) required to do so by law, or in response to a subpoena or court order; (2) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (3) we believe that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.

Business Transfers; Bankruptcy.

We reserve the right to transfer all Personally-Identifying Information in our possession to a successor entity in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.

Marketing Communications.

We may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving marketing materials from us, please follow the instructions at the bottom of each email for opting out.

Information collected by third parties

When you use the Site, register to use the Ray device or use the Ray device, certain third parties may use automatic information collection technologies to collect information about you or your Ray device.

These third parties may include: Advertisers, ad networks, ad servers and analytics companies (as noted in the section above).

These third parties may use tracking technologies to collect information about you when you use the Ray.co website and/or the Ray device. They may collect information, including non-personally identifiable information, about your online activities over time and across different websites, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content, or may share this information with others.

We do not control these third parties' tracking technologies or how they may be used or their collection or use of your information to serve interest-based advertising.

If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. These third party companies collect and use information under their own terms of use and privacy policies which Ray Enterprises is not responsible for and which you should carefully review.

Additionally, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Opting Out and Control Over Your Information

We strive to provide you with choices regarding the personally identifiable information you provide to us or the other information we collect. We have created mechanisms to provide you with the following control over your information:

  • Third Party Metrics and Analytics Tools and Cookies. You may prevent cookies and web beacons from collecting and storing information by downloading and installing the Google Analytics opt-out browser add-on at: https:://tools.google.com/dlpage/gaoptout. You may also opt out of the use of cookies (and web beacons when used in connection with cookies) by configuring your own browser settings directly to handle cookies. IF YOU REFUSE WEB COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
  • At any time should you wish for us to no longer communicate with you, or wish to have us delete or destroy any names, email addresses, content or communications you send to us, please email us at: support@ray.co. If you make this election, then you must stop using the Ray device.

How Long We Keep Your Personally Identifiable Information

We retain the personally identifiable information you provide to us as long as is reasonably necessary in connection with our business operations and your use of the Ray device, or for us to provide customer support or other services in connection with the Ray device or Ray.co website.

Security

We use reasonable safeguards to protect the security, integrity and privacy of personally identifiable information provided to us by users of the Ray device and the Ray.co website.

ALTHOUGH WE USE (AND WILL REQUIRE OUR THIRD-PARTY PROVIDERS TO USE) REASONABLE SECURITY PRECAUTIONS WITH RESPECT TO YOUR PERSONALLY IDENTIFIABLE INFORMATION COLLECTED FROM AND STORED ON OUR SERVERS OR THE RAY DEVICE, WE CANNOT GUARANTEE THAT ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION STORED ON OUR SERVERS OR ON THE RAY DEVICE, OR TRANSMITTED TO OR FROM THE DEVICE, WILL BE FREE FROM UNAUTHORIZED ACCESS. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, RAY ENTERPRISES DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ANY LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION BEING STORED ON OUR SERVERS OR ON THE DEVICE, OR TRANSMITTED TO OR FROM THE DEVICE.

External Distribution of Personally Identifiable Information Without Consent

We may provide your personally identifiable information without your consent in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any user of the Ray device to legal liability. We also can release your personally identifiable information in connection with an investigation of fraud, theft, intellectual property infringement, piracy or other unlawful activity or activity that violates this Privacy Policy or our Terms of Use Agreement. We may also disclose your personally identifiable information without your consent in connection with an onward transfer (i) with respect to a merger or acquisition of Ray Enterprises or sale of assets or the business with respect to the Ray device or (ii) to a third party working on behalf of or providing services to Ray Enterprises, for example, to Shopify and/or Desk.com (a salesforce.com, Inc. company) to provide the Ray device and Ray.co website to you.

Sharing of Information

Other than as set forth in this Privacy Policy, and in the “External Distribution of Personally Identifiable Information Without Consent" section above, Ray Enterprises does not share, rent or sell any personally identifiable information that we collect from you with any third-parties unless you opt in or consent to allowing Ray Enterprises to provide your personally identifiable information to third parties. Notwithstanding the foregoing, Ray Enterprises may share or disclose non-personally identifiable information, whether aggregated or otherwise, with any third parties.

Push Notifications

If you don't prohibit us, we may send you push notifications to provide you with Ray device alerts, to promote and advertise programs, notify you about Ray device features or for other reasons that may enhance your use of the Ray device. You may manage and configure your push notifications from the Settings options on the Ray device.

How to Access, Review and Change Your Personally Identifiable Information

Users may, where applicable, correct such personally identifiable information that is collected from them by making changes to their account profiles themselves using the passwords they created.

Users should also report to us via e-mail at support@ray.co any improper collection or misuse of any information on our Ray.co website or through the Ray device.

Governing Law; Jurisdiction and Waiver of Jury Trial

By registering your account with respect to the Ray device and by using the Ray device, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Privacy Policy and any dispute of any sort that might arise between you and us, including without limitation any tort claims. Any such dispute shall be adjudicated in the federal and state courts in New York, and you consent to exclusive jurisdiction and venue in such courts and waive any and all rights to claim inconvenient forum or immunity. YOU AND WE EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO A TRIAL BY JURY.

Binding Agreement

You agree that the limitation of liability provision contained in the Terms of Use Agreement applies to any and all disputes and claims arising out of or relating to this Privacy Policy, your registration for the Ray device, your use, registration and access of the Ray device and any information you provide Ray Enterprises.

California Residents – Your Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by Ray Enterprises pursuant to Section 1798.83 of the California Civil Code, please contact us via email at: support@ray.co.

Changes to This Privacy Policy

Any or all of this Privacy Policy may be changed at any time without notice being sent to you, in which event the revised Privacy Policy will be posted with an updated effective date. Your use of our website located at Ray.co or access or use or registration of the Ray device five (5) days after such changes are posted on the Ray.co website and/or in connection with the Ray device will mean you accept such changes. Therefore, each time you use or access the Ray.co website or the Ray device, you should review the Privacy Policy.

We will post our revised Privacy Policy on the Ray.co website or elsewhere as we deem necessary, and may provide you with notice (but are not obligated to) of any changes by push notice on the Ray device.

Contact Us About Our Privacy Policy

Should you have any questions about our Privacy Policy please contact us by emailing us at: legal@ray.co.