Skip to content

Privacy Policy

This Privacy Policy applies to the collection and use of Personal Information (defined below) and other information gathered on certain websites that are owned and/or operated by, or by authorized third parties on behalf of, Derive Systems, Inc., Derive Power, LLC, and Derive Efficiency, LLC and any affiliates thereof, operating under the following brands, among others: DERIVE SYSTEMS™, DERIVE POWER™, DERIVE EFFICIENCY™, DERIVE ADVANTAGE™, SCT® and BULLY DOG®. This Site is a commercial website and is intended for use by our customers, prospective customers, vendors, and their respective employees and agents to obtain information about Derive’s products and services.

If you have arrived at this Privacy Policy by “clicking” on an authorized link directing you to a Derive-operated Site, then this Privacy Policy applies to such Site. This Privacy Policy does not apply to any website owned and/or operated by or on behalf of any third party, even if we provide a link to such website on one of our Sites. Capitalized terms used herein without definition shall have the meanings given such terms in our Terms of Service.When we refer to “Derive,” “we,” “us” or “our,” we mean Derive Systems, Inc., Derive Power, LLC, and Derive Efficiency, LLC and any affiliates thereof, operating under the following brands, among others: DERIVE SYSTEMS™, DERIVE POWER™, DERIVE EFFICIENCY™, DERIVE ADVANTAGE™, SCT® and BULLY DOG® the specific division, subsidiary or affiliate that operates this Site, provides its content or processes information received through it, each as appropriate and applicable.


When we refer to “you” or “your,” we mean the person accessing this Site. If the person accessing this Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

We created this Privacy Policy to help you understand how we collect Personal Information, what types of Personal Information we collect, how we use it, the steps we take to safeguard it, and the choices you have regarding how it may be used and disclosed. This Privacy Policy addresses some types of information, including some Personal Information, the various means of collecting such information, and the possible uses of such information that may not presently apply to one or more of the Sites. We are nevertheless advising you about these matters because we want to maintain flexibility in offering additional features without having to revisit this Privacy Policy every time we revise the Sites or offer new functions. No description of any type of information, means of collecting information, including Personal Information, or use of such information will obligate us to collect any particular information, make any particular use of any such information, or offer any particular functionality.


By submitting your Personal Information through our Site, you will be considered to have given your permission and consent for the collection, use, retention and disclosure of your Personal Information as set forth in this Privacy Policy.


Use of our Site and Derive’s services is strictly limited to persons who are of legal age in the jurisdictions in which they reside.


Derive will not knowingly accept any information from an individual under the age of 13 years. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), any information that Derive may receive from any individual who is reasonably believed to be under the age of 13 years will be deleted. If you are under the age of 13 years, please do not provide any Personal Information through the Site. If you are under the age of 13 years and have already provided Personal Information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such Personal Information from our files.


This Privacy Policy does not apply to any other website or offline point of contact between us and you. This Privacy Policy does not cover information, including Personal Information, we collect by means other than the Sites. If you have any questions about how we use information, including Personal Information, collected by means other than the Sites, you should inquire at or before the time you give such information to us.


Derive reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of the terms, in whole or in part, of this Privacy Policy at any time. Please review this Privacy Policy periodically, as we may update it from time to time. Each time you visit any of the Sites or provide us with information, including Personal Information, by doing so you are accepting the practices described in this Privacy Policy as in effect at that time.




The Types of Information We Collect

The web servers that serve the Site may gather certain navigational information about where visitors go on our Site and information about the technical efficiencies of our Site and services. In the process of gathering navigational information, anonymous information may be collected which will provide information regarding a visitor’s use of our Site. Anonymous information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual. Examples of anonymous information may include information about your Internet browser, domain type, service provider and IP address information collected through tracking technologies (see “How We May Collect Your Information,” below, for additional information regarding our use of tracking technologies) and aggregated or de-identified data.


In order to operate the Site and provide you with information, products and services that may be requested by or of interest to you, we may also collect and retain Personal Information. “Personal Information” refers to information that identifies (whether directly or indirectly) a particular individual, such as information you provide on our order forms, “Contact Us” forms, surveys, applications, vendor set-up and enrollment forms or similar online fields. Examples of Personal Information may include your name, postal address, e-mail address, telephone number, Social Security number, date of birth or financial information (e.g., passwords, bank and other financial institution account numbers and billing address) and demographic information (e.g., zip code, hometown, gender, financial transaction history information and age).


We may also collect location information, which means information that may be collected by certain mobile applications and that identifies your physical location. This information may be collected from your mobile device’s location-aware features when you request certain services that are dependent on your physical location.


How We May Collect Your Information

Information You Provide to Us

We collect Personal Information from you or about you when you provide this information to us directly. For example, we may obtain Personal Information when you request information, products or services from or otherwise interact with us or this Site.


We may also gather such Personal Information through your access to certain web pages or your accounts online, as well as your asking questions through our “Contact Us” link. Personal Information that we may collect about you through online interaction includes information that you input or provide to us through the Derive Advantage Cloud Site, such as your name, address, e-mail address and other contact information, as well as bank information and other financial institution account numbers, billing address, vehicle identifier and Social Security numbers. We may also collect data resulting from your activity, such as transaction information and page view.


Your IP Address

Like most e-commerce websites, each time you visit any Site, we may automatically collect your IP address and the web page from which you came. In order to administer and optimize the Sites for you and to diagnose potential issues with our Site, we may use your IP address to help identify you and to gather broad demographic information about you. We may also supplement this information with Site traffic information that is collected automatically when you visit our Site, and with information acquired from our joint marketing partners, third parties and our affiliated companies.



We may use a browser feature known as a “cookie.” A cookie is a piece of data stored on the computer that runs an Internet browser and is commonly used to store information about a consumer’s online activities, including information such as the content or advertisements that a consumer views or the pages a consumer visits within a particular website. It can contain information about you, your computer, your browser, your session, the websites you visit and other information about you or others who use, or have used, the computer or browser you use to access the Internet. Cookies are used for record-keeping purposes: the stored information can be retrieved by our website server when you return to the website. This allows us to personalize or regulate the use of this Site, and it also permits us to automate the access and data entry functions of this Site (e.g., login information), and to tailor the appearance or presentation of this Site to your preferences or interests. The cookies we use, if any, are not linked to any Personal Information while using this Site unless you have given us permission to link Personal Information to one or more cookies. Please note that you give us that permission any time you register on this Site, use or conduct a transaction through this Site, or identify yourself or the computer you are using through this Site.


We use cookies as a convenience feature to save you time, to understand how our Site is used, and to improve the content and offerings on our Site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g., to recognize you by name when you return to our Site). We may also use cookies to offer you or inform you of products, programs or services and targeted advertising. You can opt to have your browser reject cookies.


Most or all browsers permit you to disable or reject cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. You can do this by adjusting your preferences in the browser. Derive does not track its customers over time and across third-party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time and across third-party websites or online services. Accordingly, your selection of the “Do Not Track” option provided by your browser may not have any effect on our analytics or tracking tools. Use the “Help” feature of your browser to obtain more information about refusing cookies. If you set the browser you use to reject cookies, you may not be able to access the Sites or use the full functionality of the Site, or it may take additional time to utilize such functionality. If you opt to reject cookies, you may need to re-register with us every time you visit our Site. If you choose to accept cookies, you also have the ability to later delete cookies that you have accepted. Your continued use of our Site reflects your consent to allow additional cookies to be placed on your computer to help you navigate the Site.


We may use third-party service providers to serve advertisements (banners or links) on our behalf across the Internet. These advertising service providers may collect non-identifiable information about your visits to our Site, and your interactions with our products and Services. Such non-identifiable information does not include your name, address, e-mail address or other personal information. The information is collected through the use of cookies and pixel tags. You should also know that companies that advertise on our Site (and their agents), and one or more of the organizations with which we do business, or to which we provide links from the Site, might use their own cookies. This Privacy Policy does not cover how these organizations use their cookies. We have no control over such organizations’ uses of cookies, and you should review the privacy policies of such organizations to determine the uses such organizations make of cookies.


Flash Cookies

We may use local shared objects, sometimes known as Flash cookies, to store your preferences and to assist with online authentication by allowing us to recognize you and your device when you return to the Site. This permits us to display content based upon what you view on our Site to personalize your use of our services. Our Agents (defined below) also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount and type of data they collect, as well as how data is stored. Cookie management tools provided by your device or browser will not remove Flash cookies. If you disable Flash cookies, you will not have access to many features that make your user experience more efficient.


Pixel Tags, Web Beacons and Similar Technologies

These are typically small pieces of data that are embedded in images on the Site, our Applications or certain e-mail communications. They may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use these technologies to compile information we collect about you.


Clickstream Data

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can identify the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-Personal Information to anonymously determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors.


Log Files

We or our hosting provider may collect traffic information from visitors for statistical analysis and Site improvement. When you access the Sites, we or our hosting provider may collect information about your visit in a log file on a server. Log file information may include, but is not limited to, Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track users’ movements in the aggregate, and gather demographic information for aggregate use. We and/or our hosting provider may review this information to better understand overall trends and to determine what kinds of content are popular with and useful to users.


Location Tracking on Mobile Devices

Certain applications on mobile devices may transmit information to us about your location when you request information from them. We may use that information to improve the products and services we provide to you as well as to improve our services generally in your area. You should have the ability to control what information your mobile device sends to us, and can exercise this control by changing the settings of your mobile device.


Using Mobile Applications (“Mobile Apps”)

When you use a Mobile App, including a Derive Flash Tuning Device (the “Derive Tuning Device“), we collect and use information about you in the same way and for the same purposes as we do when you use this Site. In addition, we also use some other information that we collect automatically when you use our Mobile Apps (including a Derive Tuning Device). We collect information about Mobile App functionality that you access and use, which allows us to identify those areas of the Mobile App that are of interest to our users so that we can continuously improve the functionality of our Mobile Apps. The information we collect for this purpose does not enable us to directly identify you. We use this only on the first opening of the Mobile App so that we can confirm to our advertising networks the number of downloads resulting from clicks on their respective ad banners and other marketing tools.


Each Derive Tuning Device also sends us the device’s unique device identifier (or “UID“), a sequence of numbers or characters that are unique to your Derive Tuning Device. We use this each time the device accesses the Derive Advantage Cloud Site. Each Derive Tuning Device will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate and remedy the error, and to improve the stability of the Mobile App for future releases. As part of these error reports, the Derive Tuning Device sends us information about the tuning device type and version, the UID, the time the error occurred, the feature(s) being used and the state of the Derive Tuning Device when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.


When you use a Mobile App, you can choose to allow access to your current location – provided by your mobile device using GPS or similar technologies – in order to identify nearby events or places of interest. If you choose to allow access, this location data may be collected anonymously as part of search requests logged by our servers. You can disable the Mobile App’s access to your location at any time through your phone “Settings” menu.


Information Other Websites Collect from You

Our Site may contain links to other websites operated by other parties whose practices may be different than ours. When you click on such links and visit such other websites, you need to be aware that we may not control such other websites or such other websites’ business practices, and that this Privacy Policy does not apply to such other websites. Consequently, the operators of such other websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. You should check the other sites’ privacy notices because we have no control over information that is submitted to or collected by them. We encourage you to review other websites’ privacy policies and remind you that we will not be responsible for the actions of the operators of such websites, or their use of your information.


Social Networks

If you decide to access or interact with a social network when using our Site(s), Derive may further collect certain Personal Information made available through your social network account. You may also choose to share your information between your account on this Site and your social network accounts, in which case, you may have your Personal Information and other content about you on this Site available, transmitted and shared with your social network account(s). By accessing this Site via your social network account, you will share your Personal Information between this Site and such social networks. You acknowledge and agree that the social network’s use of Personal Information is governed and controlled by that specific social network and its privacy policy, and not by Derive or Derive’s Privacy Policy. Derive collects your information from your social network account only in accordance with your privacy settings you set up under your social network accounts.


Our Sites integrate plugins, widgets and other features from various social networks, including:

  • Twitter Tweet Button, widgets and other features, allowing your interaction with the Twitter social network provided by Twitter, Inc. (Twitter’s privacy practices can be viewed at
  • Facebook Like Button, social widgets and other features allowing interaction with the Facebook social network as provided by Facebook, Inc. (Facebook’s privacy practices can be viewed at
  • LinkedIn plugins and other features allowing interaction with the LinkedIn social network provided by LinkedIn Corporation (LinkedIn’s privacy practices can be viewed at policy).


These features allow such social networks to place cookies on your browser and collect your personal information, including your name and other social network account information. These other features are operated solely by the respective third parties and their service providers, and not Derive. You should carefully read the privacy policies of each social network before using such features.


Derive has no control over or access to the information collected, stored or used by social networks, and their information practices are not covered by this Privacy Policy. If you do not wish to associate any information so collected via the plugins, widgets and/or other features with your social network account information, you should not use these features, and first log-out from all social network accounts prior to using our Sites.


How We Use Your Personal Information

We may use your Personal Information to help us improve our product and service offerings, improve the Site’s functionality process queries on the Site, to contact you when necessary in connection with products or services you accessed or inquired about via the Site, to provide you with account login credentials, and to send you information, offers and other promotional materials from us and selected third parties. We may also use information about your use of our Sites in anonymous or aggregated form (i.e., in a form that does not enable the identification of a specific user), to operate the Sites, to improve the quality of the Sites, to enhance your usage experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes. We also may use such anonymous, statistical or aggregated information collected on our Sites by communicating or making available such information to users of the Sites, to our service providers or business partners.


E-mail Address

We may use your e-mail address to provide customer service information or answer your questions and requests. We may also occasionally send you our e-mail updates, notifications or other information about our products and services or about the products and services of our affiliated companies. We may share your e-mail address with our affiliated companies to enable them to send you e mails directly regarding their products and services, sales and other promotions. We include information in each commercial e mail that allows you to opt out of receiving future communications.


Telephone Contact

If you provide us with your phone number, you may receive telephone contact from us for customer service purposes, and to assist us in responding to your requests and questions. We may retain this information for business and marketing purposes and to help us with future requests from you. We may occasionally use your phone number to contact you with updates or other promotional information about our products and services or those of our affiliated companies in which you may be interested. We may also make your Personal Information available to our affiliated companies to enable them to contact you directly with their promotional information, such as information about their products and services, sales and other promotions.


Financial Information

By engaging in any kind of activity on the Site that uses financial information, you consent to our using your financial information, or providing your financial information to our service providers and to such third parties as we determine is necessary, to process your transactions. These third parties may include banking institutions used to process these transactions. Any of these various third parties are authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.


Demographic Information

We may use demographic information to tailor the Sites and communications to the interests of our users. We may share anonymous, aggregated (grouped) demographic information with our advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. If you consent to have us share, or we are otherwise allowed to share, your Personal Information, as described herein, then the demographic information that we provide to third parties may be linked to your Personal Information so that such third parties will be able to know about your demographic information on a non-anonymous basis.


Disclosure of Information

Except as described in this Privacy Policy, we do not disclose information about your individual visits to our site, or Personal Information that you provide to any outside parties, except when we believe, in good faith, that such release is reasonably necessary to (i) comply with the law, or (ii) protect the rights, property or safety of Derive, our users or others.


We may also provide your Personal Information and other information that you have provided to us through the Site to other companies (“Agents”) that provide services to help us with our business activities such as to host or maintain our Site; for data processing services; to provide website or data security; to provide operational, analytical or reporting services; or to provide technical support. In connection with providing those services to Derive, an Agent may have access to your Personal Information. Derive has advised such Agents to treat such Personal Information as private and confidential, and that such Personal Information is not to be used for any purpose other than as Derive authorizes, and it will not be disclosed by the Agents to any third party.


Derive may disclose your Personal Information when required by subpoena, court order or other legal process, or if it has a good-faith belief that disclosure is necessary to (a) comply with any applicable federal, state or local law or regulation, (b) assist government enforcement agencies, (c) investigate, prevent or take action in connection with suspected or actual illegal activities, (d) investigate suspected or actual violations of Derive’s rights, (e) protect the rights, property or safety of Derive and its customers or employees, or others, (f) investigate and defend against any third-party claims brought against Derive or (g) protect the security and integrity of our Site.


We consider the information that you provide to us to be a business asset of ours. Accordingly, Derive may also disclose Personal Information and other information to a third party in connection with the sale, assignment or transfer of some or all of the assets of Derive or its subsidiaries or affiliates or as the result of a change in control of Derive, in which case we will require any such third party to treat any such Personal Information in accordance with this Privacy Policy. Any such third party to whom Derive sells, assigns or transfers Derive’s assets will have the right to use the Personal Information and other information that you have provided to us.


We may also disclose personal, financial and other information that you have provided to us to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control.


Please note that no attorney/client relationship exists between us, and therefore no communication between us, or information you provide to us or input via use of a Site, will be subject to any confidentiality obligation or privilege against disclosure except as specifically set forth herein.


Derive reserves the full and unrestricted right to use and disclose anonymized information; aggregated information or publicly available information that has not been combined with nonpublic Personal Information for purposes including, but not limited to, Derive’s internal use and research.


Authorized Third Parties

There are links on our Sites that direct users to third-party websites. If you follow any such links and you enroll in the respective services, your name and other requested information will be transferred to the operators of the respective third-party website. If you choose to use these third-party services, please review the third-party website’s terms of use and privacy policy prior to any transfer of your personal, or other, information. Derive is not affiliated with such third-party websites, and you therefore acknowledge and agree that your use of such third-party websites is at your own risk, and Derive will not be responsible for the operation of such third-party websites or your access and use thereof.


We may also contract with some third parties to monitor certain pages of our website for the purpose of reporting website traffic, as well as to provide offers and advertisements that may be of interest to you. Where authorized by us, these third parties may use cookies and/or other monitoring technologies to compile information about our website visitors.


Supplementation of Information

We may supplement the information we receive from you with other information we receive from third-party sources or clearinghouses. Thus, information we obtain through the Site may be intermingled with and used in conjunction with information obtained through sources other than our Site, including both offline and online sources.


Information Ownership

We are the sole owner of the user information collected through the Sites. We may collect information from users at several different points on the Sites.


Account and Password Security

You may establish a unique user name and password (“Credentials“) while completing a registration process for certain portions of certain of our Sites, including the Derive Advantage Cloud Site. It is your responsibility to safeguard and protect your Credentials and to monitor use of these Credentials for all purposes. You accept all responsibility for maintaining the security of your Credentials and for all utilization of the Site with your Credentials, with or without your knowledge or consent. You agree to (a) immediately notify Derive of any unauthorized use of your Credentials or any other breach of security; (b) ensure that you log out and exit completely from your account at the end of each session; and (c) notify Derive immediately if you have lost your Credentials or wish to terminate your access or have your Credentials changed.





Our Security Precautions; Geographic Location of Information

Derive will take reasonable precautions to protect Personal Information provided to us through the Site from loss, misuse, unauthorized access, disclosure, alteration and destruction. Derive has put in place reasonable and appropriate physical, electronic and managerial procedures designed to safeguard and secure such Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. Our security and privacy policies are periodically reviewed and enhanced as necessary. While Derive strives to undertake such reasonable and necessary efforts to secure Personal Information provided to us through the Site, even such security measures do not guarantee the security of all Personal Information, and Derive cannot guarantee that the Personal Information it collects, uses and retains will be protected in all circumstances, including those beyond Derive’s reasonable control.


Particularly sensitive information is encrypted. You can usually tell whether encryption is being used by noting the “locked” or other status indicator on the browser you are using. If the browser you are using does not indicate that the session is secure (e.g., by displaying a lock, a key or a similar icon), you should assume that the connection is not secure and that third parties will receive the information shared by you and us during that part of the session. Your information may be transferred to and maintained on computer networks that may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.


International Users

If you are visiting the Site from outside of the United States, your connection may be made through and to servers located in the United States, your registration, entries and orders placed through the Site may be fully processed in and from the United States, and all information you provide may be transferred to, processed, stored and maintained in our web servers and internal systems located within the United States. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy. By using the Sites, you authorize the export of Personal Information to the United States and its storage and use as specified above when you provide such information to us.


This Privacy Policy and our legal obligations are subject to the laws of the State of Florida and the United States, regardless of the location of any user. Any claims or complaints must be filed exclusively in the courts of the United States in the State of Florida.


Notice Regarding Unauthorized Access or Disclosure of Personal Information

For the purposes of any applicable law regarding notification of persons whose Personal Information was, or is reasonably believed to have been, acquired by an unauthorized person, any required notification may, where permitted by law, be made by the use of e-mail, telephone, fax or mail (including a notice printed in an available area of a bill or statement) or by posting a notice on the Site. The specific means used is up to us, and we will use our best judgment based on the circumstances. Where any notice is to be sent to a specific address or number (such as an e-mail address, physical address, telephone number, etc.), we will use the latest available address in our records. YOU AGREE TO THIS MEANS OF NOTIFICATION.


Site and Service Updates

We may send you updates and service announcements about our Sites, but you may not un-subscribe or opt not to receive such announcements because such announcements contain important information about the products and services offered through the relevant Site(s).


Correcting or Updating Personal Information

If your Personal Information changes or if you have reason to believe that your Personal Information as we maintain it is incorrect and you are unable to change your Personal Information by logging into your account, you may contact us through the “E-mail Us” form at, and we shall attempt to accommodate all reasonable requests for such changes. Note that some information may be changed only by contacting the administrator of the Site.



We recommend that users who no longer wish to receive promotional materials or have their information provided to third parties either log into their accounts and modify their account settings, if such users chose to receive promotional materials in the account registration process, or contact us by mail as provided below. If you are still receiving promotional materials 30 days after modifying your account settings, or if you are unable to log into your account, you may contact us directly using the information below to opt out of receiving such communications or having information shared. We will use commercially reasonable efforts to make any changes you request. Our compliance with such requests may involve batch processing and other processes that take 30 days or longer. If you require an immediate change to your Personal Information and are unable to make such a change using the available Site resources, please contact us. If you opt not to receive such communications or to allow us to share your information and then you give your Personal Information to us again by using the Site or under other circumstances that permit us to use your information, we will regard your opt-out as having been rescinded. Also, please note that users may not necessarily opt out of receiving all communications from us or opt out of sharing certain information with third parties, as specified as being necessary in various portions of this Privacy Policy.


You may additionally opt out of receiving e mail communications by using the opt-out instructions included in certain e mails you may receive from us.

Please note that changing or deleting your information through the Sites, or otherwise opting out of receipt of e mail communications from us and third parties, will only change or delete the data in our database for purposes of transacting future business on or relating to the Sites and for managing future communications from us and third parties. These changes and deletions will not change or delete information collected or submitted pursuant to any Customer Agreement (defined below), or information already collected as part of a product or service purchase in our transactions database which may be shared with our third-party service providers regardless of your e mail preferences.


Your California Privacy Rights

California law requires that we obtain your affirmative consent or provide you with an opportunity to opt-out before we share your non-public personal information with non-affiliated third party companies for their own marketing purposes. However, because we do not currently share personal information about you with any non-affiliated third party for their own marketing purposes that would trigger this requirement, there is no need at this time for us to seek your consent, offer you an opportunity to opt-out, or for you to take any action telling us not to share your personal information with non-affiliated third parties for their marketing purposes. If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that we have disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please email us at



If we use your Personal Information to contact you by e-mail in response to your use of the “Contact Us” function in this Privacy Policy or elsewhere on this Site, or in relation to your Derive Tuning Device-related inquiry, you will be deemed to have expressly consented to such e-mail contact as being in compliance with any applicable “anti-spam” laws.


Changes to this Privacy Policy

We reserve the right to change, modify or update this Privacy Policy at any time without notice. We indicate the date of the current Privacy Policy above, so you know when it was last updated. Continued use of this Site after any such revision or modification constitutes your acceptance of this Privacy Policy as so revised or modified. If we decide to change this Privacy Policy, we will post the changes on one or more Sites and/or other places we deem appropriate. BY USING THE SITE(S), YOU AGREE TO THIS CHANGE PROCEDURE.


Contact Us

If you have any questions or concerns about this Privacy Policy, the practices of the Sites, or your dealings with any Sites, you can contact us at You can also contact us by mail at:


Derive Systems, Inc.
4150 Church Street, Suite 1024
Sanford, Florida 32771
Attn: Website Enquiries