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Privacy Policy

EnergyHub, Inc. (“EnergyHub“) provides award-winning, consumer-facing, energy-management products and related services. These products and services empower people to be energy efficient and change the way people think about their energy usage. To provide you with the benefits of these products and services, we collect certain types of information from you.

This privacy policy (“Policy“) describes how we protect and handle the information that you provide and that we obtain through our web-based services (the “Services“), whether you are accessing the Services via our consumer web portal at https://myhub.energyhub.net or similar consumer web portals that we host or that are made available by our distributors or strategic partners (the “Portals“), including https://my.radiothermostat.com and https://home.radiothermostat.com; the content on the Portals or any other content provided through the Services (the “Content“); devices connected to the Services, including without limitation the Home Base and wireless thermostats acquired from our technology partners (the “Devices“); our mobile applications (the “Mobile Apps“); our website at http://www.energyhub.com (our “Corporate Site“); the EnergyHub Data Exchange (“EDX“) and the Mercury platform, which interconnect the Portals, the Mobile Apps, and the Devices; websites and forums designed to collect your feedback (the “Survey Sites“); websites and forums designed to collect technical support and foster product discussion (the “Support Sites“) or through any other medium or device now known or hereafter developed. In this Policy, for convenience we refer to the combination of products and services we provide, including the Services, the Portals, the Content, the Corporate Site, the Devices, the Mobile Apps, the Survey Sites, the Support Sites and the EDX as the “System.” Components of the System use cloud servers and data services located in the United States of America. Capitalized terms not defined herein have the same meaning as in the Terms of Use at http://www.energyhub.com/aboutus/tos/

If you have any questions as to how the Policy applies to you, please email us at privacy@energyhub.com.

Please read this Policy carefully. By installing and/or using any portion of the System, you consent to the procedures and practices discussed in this Policy. We may, from time to time, change this Policy (as further described in Section 8.1 below), so please check it regularly for any changes or updates. The most recent version of this Policy is reflected by the version date located at the bottom of this Policy.

1. We Collect And Use Certain Information

We collect information relating to you and your use of the System in order to provide services and features that are easy to use and responsive to your needs. We use the term “Consumer Information” to refer to any personally identifiable or anonymous information relating to you or your use of any portion of our System. We collect various categories of Consumer Information in connection with your use of the System and some of this information specifically identifies you or your household. The following sections describe more specific categories of Consumer Information.

1.1 Location-Based Information
Some features of our System, such as location-activated thermostat adjustments, use location information (collectively, “Location-Based Services”). Before Location-Based Services can use or collect location information, you must first opt-in to activate these services. If you enable these features, we will automatically collect and store location information from a device you designate which is capable of producing location data (e.g., mobile device, GPS device, or vehicle). This location information may include your current location or places you have recently visited. We also may aggregate this information, but this information will only be used for EnergyHub’s and its affiliates’ internal purposes and to provide information requested by you. If you do not wish for us to collect and store this information, do not enable these features.

1.2 Account Information
Account Information is information about you and your account, including your Contact Information and Service Information (both defined below) and other account related information that is necessary or useful for us to manage your account, your subscription to special features or services offered through the Services and privacy preferences. Account Information does not include any personally identifiable Usage Information. Account Information may be provided by you or a technology provider, service provider, utility company, third-party website, or merchant involved in the development and/or provision of the functionality of the System.

  • Contact Information means information that allows someone to identify or contact you, including, for example: your name, address, telephone number and email address. When you register with EnergyHub, you provide us with Contact Information. We may also collect other information about you, including anonymous demographic information that is not unique to you, such as your ZIP Code, account settings, and preferences. Your ZIP Code, without more, is not considered Contact Information because the ZIP Code, by itself, does not identify you or permit someone to contact you.
  • Service Information means information necessary or useful to us in providing the System to you. Examples of Service Information include your home profile (including ZIP Code and home size), home system configuration (including appliances monitored by the System, account information, schedule, mode, automation and thermostat settings), Devices in your home (including types, model numbers and software version numbers), and the level of Service. Certain Service Information is collected and transmitted to us whenever a Device is connected to the EDX. We may also receive and collect Service Information from third parties, such as real estate data providers and utility companies.

In the event that you contact us for customer support, we may also request that you provide additional Contact Information or Service Information relevant to the support requested by you. You are under no obligation to provide such information. However, we cannot guarantee that we can provide customer support in the event that relevant information related to the use of the System is not provided. We may retain communications relating to customer support, and information drawn from such communications, for statistical and reference purposes.

1.3 Usage Information
Usage Information is information about your electrical usage or consumption relating to electrical loads monitored by the System, your overall household electrical usage, heating and cooling information and other information about the use and performance of your thermostat and HVAC system, the interaction of your Devices and the Portals and your use of the System. We receive this type of information from your Devices, the Portals, and the EDX as you use the System, and we may also receive and collect Usage Information from third parties, such as your electric utility company.

Usage Information also includes information about your Devices, computer hardware and software that is automatically collected when you access the Portals and other features in the System. This Usage Information can include your IP address, browser type, domain names, access times and referring website addresses and Wi-Fi service set identifier. This information is used by us for the operation of the System, to maintain quality of the System and Services, and to provide general statistics regarding use of the System.

Usage Information may also include information about your transactions with us and with some of our business partners. We may also combine this information with Account Information or other information that you have provided to us and with other information that is publicly available or that we receive from other reputable sources in order to make the System, our Services, and our communications with you more effectively targeted to your interests.

We keep track of the websites and pages you visit within the Portals and the System, in order to determine what Services are the most popular. We may use this Usage Information to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.

1.4 Device Utilization Information
Device Utilization Information is data that contains detailed information about the operation of a Device in your home, such as a wireless thermostat, Home Base software and memory management, or internal environmental monitoring such as abnormal changes in a component’s temperature and operating level. Device Utilization Information records are collected whenever a Device is connected to the System. Device Utilization Information is linked to your Account Information. Device Utilization Information does not include Usage Information.

1.5 Survey Information
Survey Information is information relating your experiences and satisfaction with the System and suggestions relating to the System provided by you through one of the Survey Sites or by other means, which indicate that such information may be shared publicly unless otherwise provided in System program agreement applicable to you.

1.6 Commerce Information
Commerce Information is information relating to your subscriptions and other purchased products or services related to the System, including purchase history, method of payment, transaction results, and current and past subscription status.

2. How We Use Consumer Information

We use Consumer Information for a wide variety of purposes, including to enhance the System, to provide you with customer service and to make a wider range of products and services available to you. We also use your Consumer Information in anonymous form to better understand how consumers use our System, which Services they use, and who is likely to be interested in receiving certain other services, and for various other business purposes.

2.1 Account Information
We use your personally identifiable Account Information to establish and service your account with us, bill you for Services (if applicable), offer you new services as available, assist you in the use of the System (including customer support), and for other business purposes, including obtaining additional Service Information and Usage Information about you and your household from third parties.

2.2 Usage Information
We use personally identifiable Usage Information to provide you with feedback about your energy use, to help you set energy goal/budgets and track your progress, to provide you customized content (such as tips and recommendations for reducing energy usage), and to optimize the performance of your System. We may also use Usage Information for customer support, System restoration, and research and development activities.

2.3 Device Utilization Information
We use personally identifiable Device Utilization Information for technical troubleshooting, quality control, customer support, enhancement of the System, and research and development activities.

2.4 Anonymous Consumer Information
We also “anonymize” Consumer Information by removing any identifier that can be associated with your personal Contact Information. Anonymous Consumer Information may be associated with or include other Account Information or Consumer Information that does not identify you. It allows us to understand usage of the System at a ZIP Code level. Anonymous Consumer Information helps us develop reports and analyses about how our customers use our System and for other research such as research regarding behavioral inferences. We may share anonymous Consumer Information and reports and analyses based on anonymous Consumer Information publicly or with third party partners or service providers. We also use anonymous Consumer Information to troubleshoot technical issues with our System and to compile statistics and reports of usage of the System. To enable technical support, anonymous Consumer Information may be identified by an anonymous random identifier, which is not connected to any of your personally identifiable Consumer Information. To further protect your privacy, anonymous Consumer Information does not include Contact Information or any other information that would identify any specific individual or household.

2.5 Survey Information
Unless otherwise provided in the System program agreement applicable to you, we may use Survey Information and any ideas, concepts, know-how or techniques contained therein for any purpose, including without limitation, presentations, blog posts, tweets and testimonials in any medium; provided we will remove personally identifiable Contact Information (other than in certain testimonials we may publish first name and city or town) unless you expressly otherwise consent. Please do not provide any Survey Information which you do not wish to share publicly.

2.6 Commerce Information
We use Commerce Information for technical troubleshooting, quality control, customer support, enhancement of the System, and research and development activities. We also use Commerce Information to notify you about the status of your subscriptions and other purchased products or services and to alert you to changes to the features or components of subscriptions or purchased products or services.

2.7 Contests, Sweepstakes and Other Promotions
On our System, you may wish to participate in contests, sweepstakes and other promotions that we may offer from time to time. Through these promotions, you may choose to participate in activities such as sharing information found on our website or apps with others and sending e-mail invitations. In connection with any contests, sweepstakes and other promotions that we may offer from time to time via our System, we use the information you provide to administer the contests, sweepstakes, and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our products and services or our partners may use such information to communicate with you about the contests, sweepstakes, or other promotions or their products and services. If you choose to participate in these promotions, and are eligible to do so, we may ask you for information such as your name, e-mail address, date of birth, address, telephone number, and/or utility company.

2.8 Social Media Platforms and Websites
Any information, communications, or material of any type or nature that you submit to our System (including, but not limited to any of our pages contained on a social media platform or website such as Facebook or Twitter) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission“), is done at your own risk and without any expectation of privacy. We cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any of our pages or websites that are contained on a social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein.

2.9 Special Statement for Job Applicants
Any Consumer Information that you provide to us when applying for a career position with us will be used solely to consider and act upon your application. We may retain your Consumer Information for a period of time, but only for as long as necessary for such purposes or as otherwise required by law. We may disclose your Consumer Information to our agents for the purpose of evaluating your qualifications for the particular position you applied for, for other available positions or as otherwise required by law. We may also disclose your Consumer Information to third parties hired by us to collect, maintain, and analyze candidates for career positions or as otherwise required by law.

3. Disclosure of Consumer Information to Third Parties

We may disclose anonymous Consumer Information, and analyses and reports derived from such information, to third parties including utilities, our service providers, advertisers, merchants, consumer and market research companies and other organizations. We will not disclose your personally identifiable Consumer Information to any third party for marketing purposes without your permission. If the System is distributed by one of our distributors or strategic partners, they may have the same access to your Consumer Information as we do. They have agreed to treat such Consumer Information as outlined herein unless they have another agreement with you. Except as set forth in this Policy, we will not use, disclose, or transfer your Consumer Information unless (1) you expressly authorize us to do so, (2) it is necessary to allow our service providers or agents to provide products or services for us, (3) it is necessary in order to provide our products or services to you (and contacting you when necessary), (4) we are sending you other information that may be useful to you, (5) subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (6) it is necessary to protect the confidentiality or security of your records, (7) subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of EnergyHub or the merger of EnergyHub into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which EnergyHub is not the survivor, (8) it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution, (9) it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, for your protection or in connection with an investigation or prosecution of possible unlawful activity, (10) it is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors, or (11) it is otherwise necessary for us to disclose it as required or permitted by law.

3.1 Contractors and Third-Party Service Providers
We may use independent contractors to assist with our operations. Such contractors may include programmers, consultants, billing and other agents, auditors, attorneys and accountants, potential purchasers of our business, collection agencies, and third parties who provide services necessary for us to provide the System or conduct legitimate business activities in connection with the System. Some of these contractors will have temporary access to our databases of Consumer Information. Their access to such information will be limited to specific tasks. We also use third parties to help with certain aspects of our operations, which may require disclosure of your Consumer Information to them. For example, we may permit third-party manufacturers of energy management Devices to connect their devices to our System and require them to provide support for those Devices, or we may use a third party to communicate with you (via telephone, email, or letter) about your account or upcoming features or services, to process and collect payment for your Services via your credit card, to generate demographic profiles based on Consumer Information of our customers, to analyze data and produce reports and optimization programs, and to perform other work as part of or in relation to the System that we may need to outsource. We require these contractors and third parties to agree to protect the confidentiality of your Consumer Information and to use it only as necessary to perform the services they are asked to perform. These contractors and third parties are responsible and liable if they misuse any Consumer Information.

3.2 Utility and Technology Partners
If the System is provided through your utility provider, third party System provider or other technology partner, we may share Consumer Information with your utility provider, third party System provider, or other technology partner in accordance with your agreement with such utility provider or third party System provider. In certain circumstances such parties may have direct access to Consumer Information. Their obligations with respect to such Consumer Information is governed by their agreement with you.

3.3 Compliance with the Law: Protection of Our System and Services
Because your privacy is very important to us, we have put in place commercially reasonable technical, physical and administrative measures to protect the Consumer Information that we collect. No security system is perfect, however, and we cannot guarantee that your Consumer Information will not be disclosed to unintended third-party recipients. It is possible that third parties may circumvent our security measures to unlawfully intercept or access your Consumer Information. In addition, we may be legally obligated to disclose Consumer Information to the government or third parties under certain circumstances, such as in response to a legal demand issued by a government entity, a subpoena issued in connection with a civil or criminal investigation or litigation, an order from a court or regulatory agency, or to comply with regulatory requirements. We may determine that, notwithstanding the provisions of this Policy, it is necessary or appropriate for us to disclose your Account Information and personally identifiable Usage Information to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act and any other relevant laws or regulations, to enforce our applicable End User License and Service Agreement or any other of our policies, to exercise our legal rights or defend against legal claims, to protect the integrity of our operations, to protect our customers, or to prevent a crime.

3.4 Affiliated Companies
We may share some or all of your Consumer Information with any parent company, subsidiary, joint venture or other company under a common control with us. If this happens, we will require the related company to comply with this Policy. If another company acquires us, or acquires our assets that comprise or include your Consumer Information, we may transfer the Consumer Information to that acquiring company, which may put in place its own privacy policy with terms that are different from the terms of this Policy. In that event, the acquiring company will not be required to obtain your permission in advance, but it will provide you with notice of any such changes using the Contact Information that we have for you.

3.5 Third-Party Websites
You may have the option to enter third-party sites or pages through the System. EnergyHub cannot be assured that such third-party sites or pages follow EnergyHub’s, or equivalent, privacy policies. As such, we have no responsibility or liability for the actions or policies of such third-party sites or pages, nor do we endorse any product or service that may be mentioned or offered in such sites, and are not otherwise responsible for the content or privacy practices of such sites.

4. Your Choices Regarding Consumer Information

4.1 Initial Privacy Settings
The initial privacy preferences for your account, summarized below, allow us to collect, use and disclose personally identifiable Usage Information and Device Utilization Information, in addition to Account Information, in manners consistent with this Policy. Commerce Information is collected, used, and disclosed only upon your affirmative response to an offer or request for the product, service or feature concerned.

In summary, your default privacy settings are:

Information Type Default Privacy Preferences

  • Account Information – Required to Provide Service*
  • Personally identifiable Usage Information – Required to Provide Service*
  • Device Utilization Information – Required to Provide Service*

* As described immediately below, you may opt-out with respect to our providing you communications regarding upcoming promotions that may interest you. We will still use the information for the other purposes outlined in Sections 1 through 3 above, including without limitation sending you messages related to the System.

4.2 Changing your Privacy Settings: How to Opt-In or Opt-Out
You may change your initial privacy settings by accessing your account through the Portals. In all cases, however, we will collect and use your Account Information to enable us to provide the System and to bill you for any Services. We will also collect and use anonymous Usage Information and Device Utilization Information for the purposes stated in this Policy. You may opt out of receiving e-mail alerts from us by following the instructions provided in the footer of each e-mail alert.

4.3 Effect of Certain Opt-Out Choices
You understand that our ability to gather and use Consumer Information may be necessary to provide certain personalized services, features, and functions. If we cannot gather certain Consumer Information (such as personally identifiable Usage Information, certain Device Utilization Information, anonymous Usage Information and Commerce Information), we may not be able to provide such personalized services, features and functions.

4.4 Review and Update of Account Information
You may review your Account Information collected and stored by us and may ask us to change or update this information. If you would like to review your Account Information, you may access your account through the Portals and may make changes to your Account Information there.

4.5 “Do Not Track” Signals
We shall treat your Consumer Information in accordance with this Policy, whatever your Do Not Track setting chosen during your use of the Services or System. We may give you choices regarding whether to turn off tailored advertising, share information with third parties, or receive promotional offers. You may exercise these choices as described in the Policy.

5. Information from Children

Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under the age of 13, you may use the System only with the involvement of a parent or guardian and should not submit any personal information to us. The System does not intentionally target children under 13. We comply with all applicable laws designed to protect children’s information. Children under the age of 13 should not use our System without obtaining prior parental consent.

6. Our Websites (Cookies and Web Beacons)

Like many websites, our websites use “cookies” to recognize you and to help personalize your online experience. A cookie is a small text file that is placed on your hard disk by a web page server. These cookies contain information that can later be read by a web page server in the domain that issued the cookie to you. We use cookies to store information on your computer in order to save you time by eliminating the need to enter repeatedly the same information in order to display personalized content on later visits to the websites. We also use cookies to help us understand which parts of the websites are the most popular; where our users are going and how much time they spend at various locations within the websites. The information we collect through cookies is anonymous (unless you click the remember me button) and we do not access any of your personally identifiable information through the cookies.

You have the ability to decline cookies through your web browser. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. If you choose to decline cookies, however, you may not be able to use the features of the websites that depend on cookies.

The websites may contain tiny electronic images known as web beacons. We may use web beacons to assist us in delivering cookies on the Websites and to allow us to count users who have visited those pages. We may include web beacons in promotional email messages in order to determine whether messages have been opened and acted upon.

When using the websites, your browser software may offer to remember your email address, password, or other credentials through its “Autocomplete” feature. Use of this feature may cause such credentials to be stored as unencrypted “cleartext” on your hard disk. Therefore, it is not advisable to use this feature on public or shared computers.

Communication Information is information relating to you or your use of the System derived from communications sent through the System or entered by you in forums hosted on the System. We cannot protect Communication Information shared in public forums; therefore, you should use care to only disclose that information you wish to share publicly.

7. Security of Consumer Information

When you contact us by email or phone regarding your account, for your security, we ask you for certain Account Information to verify your identity before accepting requests to make changes to the account. We take these steps to ensure that only you or a household member who knows your Account Information will be able to access or change your Account Information. We use industry-standard security methods, such as encryption, to secure the communication of information throughout the System. In addition, we use industry-standard methods of securing our databases that house Consumer Information. Except as provided elsewhere in this Policy, we limit access to Consumer Information databases to our personnel who have a business need for such access, including servicing your account, informing you of service news and special offers, or aggregating Account Information or anonymous Usage Information. However, you should know that no company, including our company, can fully eliminate security risks associated with Consumer Information. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information you transmit to use or receive from us.

8. General

8.1 Amendments to this Privacy Policy
We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the bottom of the Policy. We encourage you to review this privacy statement periodically to stay informed about how we are helping to protect the Consumer Information we collect. Your continued use of the System constitutes your agreement to this Policy and any updates. Please be aware that this Policy and any choices you make on the System do not necessarily apply to information you may have provided to us in the context of other of our separately operated products or services.

8.2 Technical Problems
Even though we have taken significant steps to ensure that your Consumer Information is never collected, used, or disclosed by us except as set forth by this Policy, technical mistakes are possible. If such a mistake takes place, we will take commercially reasonable steps to correct it.

8.3 Contact Us
Our intention is to be diligent in protecting your privacy by carefully following our Policy. If you would like to make suggestions or find out more about our privacy practices, please email us at privacy@energyhub.com. We may share your messages with those within our organization who are most capable of addressing the issues contained in such messages. We may archive such messages or discard them, but your email address and email messages will only be used in accordance with this Policy.

8.4 Interpreting this Privacy Policy
Examples listed in this Policy are provided to assist your understanding of this Policy and are not intended as exhaustive lists. Section headings are provided for your convenience. This Policy supplements and is incorporated into the applicable End User License and Service Agreement.

8.5 Use of the System from Outside of the United States
If you are using our System from outside of the United States, please be aware that your information may be transferred to, stored in, or processed in the United States, where our servers are located and our central database is operated. 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 protect your privacy. By using our System, 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.

YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83(a), if you downloaded or otherwise received, installed or use any portion of the System, you may request the following information, which will be provided to you via either a writing or email free of charge: (1) a list of the categories of personal information disclosed by us to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year and (2) the names and addresses of all third parties that received personal information from us for the third parties’ direct marketing purposes during the preceding calendar year and, if the nature of the third parties’ business cannot reasonably be determined from the third parties’ name, 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.

Consumer requests for this information should be sent to privacy@energyhub.com.

This Policy was last updated on July 9, 2014.