The TrustHab Products may only be used in the United States.
a. We may use information that can be associated with you or that can be used to identify you, including, but not limited to, your name, address, zip code or postal code, telephone number, Internet Protocol ("IP") address, mobile operating system, router configuration, email address, and, if the same may be linked to you, demographic information, such as age, gender and certain preferences, and the name of the property at which you reside or at which the TrustHab Products will be accessed, installed, operated or used (collectively, "Personal Information"), in order to (i) provide you with, or improve, the Platform Services, (ii) make note of your preferences in order to provide you with the best user experience possible and (iii) market to you by providing information on general announcements, new products (including new TrustHab Products), capabilities and/or services, offers and promotions regarding partner products and services, or upcoming events, that may interest you. To opt out of receiving non-mandatory communications, such as marketing communications, please follow the instructions below.
b. We may share your Personal Information as required or permitted by law. We may also share your Personal Information if we determine, in our sole discretion, that the release of your Personal Information may protect your, or another person's, rights, property or safety. We may also share your Personal Information with our partners, service providers, third parties, subsidiaries and affiliated companies to provide you with the Platform Services, to any successive owner of TrustHab or its business and to service providers who provide services on our behalf.
c. We take measures to secure your Personal Information, but we cannot promise, and you should not expect, that your Personal Information will remain secure in all circumstances.
2. WHAT INFORMATION DO WE COLLECT, AND HOW DO WE COLLECT IT?
b. To enable us to provide the Platform Services or TrustHab Products support, we will ask you to provide certain Personal Information when you create an account and/or access or download any Platform Services, as either an owner of a TrustHab Product or as an Authorized User. If you allow or authorize an Authorized User to access your account, the Authorized User may control and view your Personal Information, devices and content. TrustHab is not responsible for the actions of your Authorized Users or any additional users added by your Authorized Users.
c. We may also collect other Personal Information when you provide it to us voluntarily, including, but not limited to, by (i) filling out a form or survey, (ii) registering an account and e-mail address with us, (iii) choosing to allow location-based automation from your mobile device, (iv) e-mailing us, (v) posting information on the TrustHab portal, (vi) posting on TrustHab social media or (vii) contacting support. If you choose not to submit Personal Information or location-based automation information, we may not be able to provide you with the full Platform Services or product capabilities. We may also collect other information with your consent or as permitted or required by law. d. If location-based services or use location-based TrustHab Products are enabled in your account, you will be authorizing the sharing of your location data from your Connected Device and from the devices of your Authorized Users. This data will be processed and pooled with other product data to enhance your use of the TrustHab Products.
3. HEATING, VENTILATION, AIR-CONDITIONING ("HVAC") SYSTEM INFORMATION.
a. As part of the Platform Services, we may collect information, including, but not limited to, information about the temperature, thermostat settings and schedules, how you control the HVAC system and how it operates and general sensor and gateway information (collectively, the "HVAC Information"). HVAC Information includes details about the HVAC system, which is collected in conjunction with setting up the Platform Services and the data that we collect as part of the Platform Services. We collect both static and dynamic HVAC Information. Static HVAC Information includes, but is not limited to, data about the heating and/or cooling system (e.g., serial numbers and device identification numbers for devices in the HVAC system and the TrustHab thermostat model and serial number). Dynamic HVAC Information includes, but is not limited to, information about current and past device usage levels, or information about abnormal device functioning. We collect HVAC Information directly from you and the HVAC system and transmit it through your network and/or Internet services. Monitoring may continue until you disconnect the Connected Devices and the Platform Services is able to be cancelled or terminated. We augment the HVAC Information with public data from third parties, including, but not limited to, local weather conditions. If you do not allow us to collect HVAC Information, we may not be able to provide the full capabilities of the TrustHab Products.
4. INFORMATION COLLECTED THROUGH COOKIES.
We may also use tracking software, such as cookies, web beacons, pixel tags and similar technologies to automatically collect information about your computer or device hardware or software and your use of the Platform Services, including details about your visits to the TrustHab website and the Platform Services, the resources you access, date and time stamps, IP addresses, referring website addresses, application activity logs and error logs and information about your use of the Platform Services. We use these technologies to collect information about the pages you view, the links you click and other actions you take with the Platform Services. We use this information to operate the Platform Services, provide general statistics regarding use of the Platform Services. You may also adjust your browser settings to accept or deny all cookies, or to request your permission each time a site attempts to set a cookie. Although cookies are not required for some parts of the Platform Services, not all of the Platform Services may work properly if you disable cookies entirely. Instructions for blocking or allowing cookies should be provided by your internet browser.
5. WHY DO WE COLLECT THIS INFORMATION AND HOW DO WE USE IT?
We collect and use your Personal Information and/or HVAC Information to provide the Platform Services to you and to operate and improve the Platform Services, including, but not limited to, (i) providing you with the Platform Services you request, (ii) processing payments and collecting amounts owing to us (if applicable), (iii) providing you with more effective customer service, (iv) providing technical support, (v) offering you partner products and services and (vi) performing research and analysis aimed at improving the TrustHab Products or related technologies. We may send certain mandatory service communications, such as welcome letters, alerts about the HVAC system, information on technical service issues and security announcements by e-mail, through the Platform Services or by text message. You may not opt out of receiving these mandatory communications. We may also provide you with information on current activities, general announcements, upcoming TrustHab Products, changes to TrustHab Products and upcoming events. STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR INTERNET AND/OR MOBILE PHONE CARRIER. These communications may be sent by e-mail, text message or within the Platform Services. We may also use your Personal Information or HVAC Information to conduct research, analysis or studies for our own purposes. Specifically, when we collect HVAC Information, we may de-identify this data and aggregate it with the data from other users and use this future analysis. We may sell or publish this aggregated, anonymized data. We may also use your Personal Information or HVAC Information for other purposes with your consent or as permitted or required by law.
6. HOW DO WE PROTECT YOUR PERSONAL INFORMATION AND HVAC INFORMATION?
We take measures to protect your Personal Information and HVAC Information from unauthorized access, use or disclosure. We also use security technologies and procedures to help protect your Personal Information and HVAC Information from unauthorized access, use or disclosure. While we will use such efforts, we cannot ensure the security of your Personal Information or HVAC Information. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE ASSUME NO LIABILITY FOR ANY DISCLOSURE OF DATA DUE TO ERRORS IN TRANSMISSION, AUTHORIZED OR UNAUTHORIZED THIRD PARTY ACCESS OR OTHER ACTS OF THIRD PARTIES, OR ACTS OR OMISSIONS BEYOND OUR CONTROL.
7. HOW MAY WE SHARE YOUR INFORMATION WITH THIRD PARTIES?
a. We share your Personal Information with companies, organizations and individuals outside of TrustHab, as described below.
c. Service Providers. We may share your Personal Information with affiliated and unaffiliated companies that perform tasks on our behalf related to our business, as necessary to provide you with the TrustHab Products or information that you have requested or require. Such tasks include, but are not limited to, processing payments, fulfilling orders, delivering packages, locational services, analyzing website or mobile application usage data, website hosting, customer service and technical support, electronic and postal mail service, contests/surveys/sweepstakes administration, marketing services, social commerce and media services and calculating, managing and reporting sales tax. In our efforts to provide the best quality service and experience to you, we may hire third-party service providers (including our affiliates) to receive your Personal Information as necessary to perform their roles, and we instruct them not to use your Personal Information for any other purposes. Our service providers will be permitted to obtain or have access to only the Personal Information and HVAC Information they need to deliver the Platform Services. They are required to maintain the confidentiality of the information and take measures to protect it, and they are prohibited from using it for any purpose other than for delivering the Platform Services to us in accordance with our instructions and policies. Some of our servers and service providers, including our affiliates, may be located outside of the United States of America, and we may share your information with them for the purposes described above. The laws and privacy protections, including the rights of authorities to access your Personal Information, in some of these countries may not be equivalent to those in your country. If you are using TrustHab Products in a region or country with laws governing data collection and use that differ from United States law, you consent to the transfer of your Personal Information to United States and other countries where we, or our service providers, operate. Your Personal Information will be subject to the laws of the country in which our service providers are located, which laws may permit law enforcement, government and national security authorities to have access to your information in certain circumstances.
d. As Required or Appropriate by Law. We will use and disclose your HVAC Informaiton and Personal Information as necessary or appropriate, including, without limitation, (i) under applicable law, including laws outside your country of residence, to comply with legal processes and to respond to requests from public and government authorities, including public and government authorities outside your country of residence, (ii) to enforce our Terms of Service, including potential violations thereof, (iii) to detect, prevent or otherwise address fraud, security or technical issues, (iv) to protect our operations or those of any of our affiliates, (v) to protect our rights, privacy, safety or property and/or that of our affiliates, you or others and (vi) to allow us to pursue available remedies or limit the damages that we may sustain.
f. Based on Your Consent. We may share or disclose your Personal Information at your direction. We may share aggregated data that has been anonymized so that you are not individually identifiable with third parties.
10. DO NOT TRACK SIGNALS.
Some web browsers and devices permit you to broadcast a preference that you not be "tracked" online. [At this time, we do not modify your experience based upon whether such a signal is broadcast.]
In compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501–06 and 16 C.F.R. §§ 312.1–312.12, our website does not permit children under 13 years of age to become Authorized Users, and we do not intentionally collect any information from children. By using our website, you represent that you are 13 years of age or older.
12. HOW DO WE COMMUNICATE WITH YOU?
You may opt out of receiving certain electronic communications (e.g., emails or texts) or mailings by following the instructions in those communications or mailings, but you may not opt out of the mandatory communications related to your use of the Platform Services and monitoring may continue until you properly disconnect the Connected Devices and the Platform Services is able to be cancelled or terminated. If we need to contact you concerning any event that involves your information, we may do so by e-mail, telephone, text or mail.