Bluepeak – Privacy Policy Addendum:
Disclosure for Minnesota Residents

1. Overview 

This privacy policy addendum is for Minnesota residents (the “MN Privacy Policy”) and supplements the content contained in the Bluepeak (“Bluepeak”, “we”, “our”, or “us”) Privacy Policy https://mybluepeak.com/privacy-policy/ (“Privacy Policy”). This MN Privacy Policy applies solely to visitors, users, and others who are residents of the State of Minnesota (“consumers”, “you” or “your”). We adopt this notice to comply with applicable Minnesota law, including the Minnesota Internet Privacy Act, Minn. Stat. §§ 325M.01–.09 (hereinafter “MIPA”). Bluepeak is not currently subject to the Minnesota Consumer Data Privacy Act (hereinafter “MCDPA”) because Bluepeak does not meet the MCDPA’s applicability thresholds and qualifies for the MCDPA’s exemption for small businesses as defined by the United States Small Business Administration. We nonetheless provide this MN Privacy Policy, and offer the voluntary privacy choices described below, as a courtesy to Minnesota residents. If the MCDPA becomes applicable to Bluepeak, we will update this MN Privacy Policy and provide all rights the MCDPA requires. Any terms defined in the MIPA have the same meaning when used in this MN Privacy Policy. Any other capitalized but undefined terms shall have the meanings set forth in the Privacy Policy.

We reserve the right to modify this MN Privacy Policy at any time. If we make material changes to this MN Privacy Policy, we will notify you by updating the “Last Revised” date above.

2. Personal Data We Collect and Why

The categories of personal data we collect, the purposes for which we collect and process such data, and the categories of third parties with whom we share such data are described in our Privacy Policy. As described in the Privacy Policy, we collect personal data in connection with your use of the Platform, including your use of our website, mobile application, retail stores, and other digital properties. We do not collect or process personal data in connection with your cable television, telephone, or internet service subscription; please see our Subscriber Privacy Policy for information about how we handle subscriber data.

3. Disclosure of Personal Data and Retention

The categories of third parties to whom we disclose your personal data are described in our Privacy Policy. We retain personal data in accordance with the records retention policy of Clarity Telecom, LLC d/b/a Bluepeak and its subsidiaries and affiliates and, in any event, for no longer than is reasonably necessary to fulfill the purposes for which the data was collected, to comply with our legal and regulatory obligations, to resolve disputes, and to enforce our agreements.

4. Your Minnesota Privacy Rights

Subject to certain exceptions, Minnesota residents have the following rights with respect to their personal data that we process. These rights apply to personal data processed through the Platform only. For rights related to your cable, telephone, or internet service subscription data, please see the Minnesota Residents section of our Subscriber Privacy Policy.

4.a. Privacy Choices (Voluntary)

Although Bluepeak is not currently subject to the MCDPA, we voluntarily offer Minnesota residents the ability to opt out of the processing of personal data for: (i) targeted advertising; and (ii) the sale of personal data.

(a) Targeted Advertising.   Our use of Automatic Tracking Technologies, as defined in the Privacy Policy, may be considered targeted advertising. If you would like to opt out of targeted advertising, you may deploy a Global Privacy Control signal (“GPC”) or Universal Opt-Out Mechanism (“UOOM”), or fill out the “Your Privacy Choices” form on the Terms and Conditions page on our Site or in the settings page of our Mobile App. We honor GPC and UOOM signals. For more information about GPC signals, please visit this site.

(b) Sale of Your Personal Data.  We may exchange your personal data for monetary or other valuable consideration, which is defined as the “sale of personal data” under applicable law. If you would like to opt out of the sale of your personal data, you may fill out the “Your Privacy Choices” form on the Terms and Conditions page on our Site or in the settings page of our Mobile App.

4.b. Access to Your Information Under MIPA

Separately, the MIPA grants Internet subscribers the right to request their own personally identifiable information held by us as your Internet service provider. You may submit such a request in writing or by electronic means. We will fulfill your request upon payment of a fee not to exceed our actual cost of retrieving the information. See Minn. Stat. § 325M.03(5).

4.c. Profiling

At this time, Bluepeak does not engage in profiling of Minnesota residents in furtherance of decisions that produce legal or similarly significant effects. If our practices change, we will update this MN Privacy Policy and provide the rights required by the MCDPA, including the right to review and correct personal data used in such a profiling decision and to have the decision re-evaluated, before any such processing occurs.

5. Exercising Your Rights

To exercise the rights described above, please submit a consumer request to us by filling out the “Your Privacy Choices” form on the Terms and Conditions page on our Site or in the settings page of our Mobile App, or by calling 1-888-975-4258.

Only a Minnesota resident may make an authenticated consumer request (a “consumer request”) related to their personal data. A Minnesota resident may also make a consumer request on behalf of their minor child, or in the case of a guardianship or similar situation, the guardian may exercise such rights on a Minnesota resident’s behalf. To be verifiable, you must include:

(a) Verification of Identification. Sufficient information to allow us to reasonably verify that you are the person about whom we collected personal data or an authorized representative; and

(b) Details of Request. A description of your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

5.a. Initial Request Format and Timing

We endeavor to respond to a consumer request within 45 days of its receipt. If we require more time (for a maximum total of 90 days), we will notify you within the initial 45-day period that we require more time, along with an explanation of the reason for the delay and the length of the extension.

If we determine that we will not act on a consumer request, we will provide a response that includes the basis for our decision. If we cannot verify your identity using commercially reasonable efforts, we may decline to act on the request and will inform you of the reason.

If you have concerns about our response to a request, you may contact the Minnesota Attorney General at: https://www.ag.state.mn.us/Data-Privacy/

6. Non-Discrimination 

We will not process Minnesota residents’ personal data in violation of state and federal laws that prohibit unlawful discrimination. We will also not discriminate against a Minnesota resident for exercising any of the rights described in this MN Privacy Policy.

7. How to Contact Us 

If you have any questions or comments about this MN Privacy Policy, our privacy practices, or if you would like to exercise any of your rights under this MN Privacy Policy, please do not hesitate to contact us:

Phone: 1-888-975-4258

Mail: Bluepeak, Attn: Privacy / Compliance, 4600 S. Ulster Street, Suite 1300, Denver, CO 80237

Online: “Your Privacy Choices” form on the Terms and Conditions page on our Site or in the settings page of our Mobile App

This MN Privacy Policy is incorporated into and made a part of our Privacy Policy. In the event of any conflict between this MN Privacy Policy and our Privacy Policy, this MN Privacy Policy shall control with respect to Minnesota residents.