This Policy was last updated on May 5th, 2020.
This Policy describes how we protect and handle the information that you provide and that we obtain through our Services. We may collect or receive information about you or your use of the Services from the following:
- When you access the Services via our Website, Mobile Apps or similar consumer web portals that we host or that are made available by utilities, thermostat providers or other Device providers (the “Portals“), including the Radio Thermostat Mobile App, Lux Products Mobile App, TXU Mobile App,https://my.luxproducts.com, https://my.radiothermostat.com and https://txu.ithermostat.com;
- When you interact with the content on the Portals or any other content provided through the Services (the “Content“);
- When you access or use the Bring Your Own Thermostat® Mercury Platform;
- When you access or use devices connected to the Services, including, without limitation, connected devices such as electric vehicle chargers, solar inverters, batteries and connected thermostats connected via cloud to our technology partners (the “Devices“);
- When you access or use our Mobile Applications;
- When you access or use our Website and the “Mercury Platform”, which interconnect the Portals, the Mobile Apps, and the Devices;
- When you access or use websites and forums designed to collect your feedback (the “Survey Sites“);
- When you access or use websites and forums designed to provide technical support and foster product discussion (the “Support Sites“);
- When you interact with us or the Services through any other medium or device now known or hereafter developed.
If you have any questions as to how the Policy applies to you, please email us at email@example.com.
Please read this Policy carefully. By connecting your Device to the Mercury Platform or a Portal 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.
If you are using our System (including by using your Device when connected to the Mercury Platform) 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, and by using the System you agree to this. 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 or your Device when connected to the Mercury Platform, 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. Data will be protected subject to this Policy and applicable privacy laws in the United States.
1. THE INFORMATION WE COLLECT AND USE
As part of distributed energy resource programs that we run on behalf of our utility customers, we collect information relating to you and your use of the System. We use the term “Consumer Information” to refer to any personally identifiable information relating to you or your use of any portion of our System, including your Device. 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. Such Consumer Information could relate to the employees of our utility customers, thermostat and other Device providers or consumers with Devices that have signed up for Utility programs. 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 be used 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, its affiliates’, utility customers’, thermostat providers’ and other Device providers’ and strategic partners’ 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, provide you or your Device with access to the Mercury Platform and manage privacy preferences.
- “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, your utility, thermostat provider, other Device provider or one of our strategic partners, we may collect or receive your Contact Information. We may also receive 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 generated by your use of the System or your Device or otherwise used by EnergyHub in connection with providing the System. Examples of Service Information include your home profile (including ZIP Code and home size), home system configuration (including Devices 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 Mercury Platform. We may also receive and collect Service Information from third parties, such as Device 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 a consumer’s electrical usage or consumption relating to electrical loads monitored by the System, a consumer’s electric vehicle electrical usage, solar panel performance, a consumer’s overall household electrical usage, heating and cooling information and other information about the use and performance of Devices and HVAC systems, the interaction of a consumer’s Devices, the Mercury Platform and the Portals and your use of the System. We receive this type of information from Devices, the Portals, the Mercury Platform, and the Services as they are used in the System, and we may also receive and collect Usage Information from third parties, such as your electric utility company, thermostat or other Device provider.
Usage Information also includes information about a consumer’s 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.
We may keep track of the websites and pages you visit within the Portals and the System, in order to optimize the functionality of the Services and better understand how the Portals and Services are used.
1.4 Device Utilization Information
“Device Utilization Information” is data that contains detailed information about the operation of a Device in a consumer’s home, such as a connected thermostat, electric vehicle or charger, battery or other connected device, access to the Mercury Platform, 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 a consumer’s experiences and satisfaction with the System, a consumer’s participation in distributed energy resource programs and suggestions relating to the System provided by a survey participant 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 such consumer. Such surveys are typically conducted at the request of the utility or Device provider.
2. HOW WE USE CONSUMER INFORMATION THAT WE COLLECT
We use Consumer Information for a wide variety of purposes, including to enhance the System, to provide you with customer service and provide products and services to you. We also use your Consumer Information in anonymous form to better understand how consumers and utility or Device provider users use our System, which Services they use and for various other business purposes.
2.1 Account Information
We use your personally identifiable Account Information to establish a user account with us, enroll you in a program, assist you in the use of the System (including customer support), and for other business purposes.
2.2 Usage Information
We use personally identifiable Usage Information to provide utilities, Device providers and consumers with a consumer’s energy use data, to help consumers set energy goal/budgets and track a consumer’s progress, to optimize and support our grid service offerings (e.g., demand response in the Mercury Platform) 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 consumers and users 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, utility companies, Device 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 applicable System program agreement, 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). Please do not provide any Survey Information which you do not wish to have shared publicly.
2.6 Contests, Sweepstakes and Other Promotions
On our System or in connection with a distributed energy resource or similar program, 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 utility customers or the Device providers 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, thermostat or Device provider and/or utility company.
2.7 Social Media Platforms and Websites
2.8 Special Statement for Job Applicants
Any Consumer Information that you provide to us when applying for a career position with us will be used to consider and act upon your application and as otherwise described in this Section. 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 will not use, disclose or transfer your Consumer Information, except as set forth in this Policy, unless (1) you expressly authorize us to do so, (2) it is necessary to allow our utility customers, the Device providers or our service providers or agents to provide products or services, (3) it is necessary in order to provide distributed energy resource or similar programs to our utility customers and the Device providers (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.
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 express written consent. 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 directly with you.
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 generate demographic profiles based on Consumer Information of consumers, 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 Device Providers
If the System is provided through your utility, a Device provider, third party System provider or other technology partner, we may share Consumer Information with your utility provider, third party Device or System provider, or other technology partner in accordance with your agreement with such utility provider or third party Device or 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, and may include use of Consumer Information to improve the quality of information they provide to you and to maintain and update contact records, including for their marketing purposes.
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
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.
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
4.2 Changing your Privacy Settings: How to Opt-In or Opt-Out
If permitted by your Device provider, 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 and anonymous Usage Information), we may not be able to provide such personalized services, features and functions.
4.4 Review and Update of Account Information
If you are an authorized Portal user who has been granted access to the Portal by a utility or you are an authorized user of a Mobile App, 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
Certain state laws require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Policy and do not monitor or follow any Do Not Track browser requests.
5. INFORMATION FROM CHILDREN
Consistent with the Children’s Online Privacy Protection Act (“COPPA”), 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” and “Web Beacons” to collect certain information.
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, to track and measure the performance of the System and to allow us to count users who have visited those pages. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisible on web pages or in an e-mail. 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.
7. SECURITY OF CONSUMER INFORMATION AND DATA RETENTION
Protecting Consumer Information is an important part of our business. We do not sell or rent user information to anyone. 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 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 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.
We require that users maintain the confidentiality of their user names and passwords. If you become aware of any unauthorized use of an account, loss of your account credentials or suspect a security breach, notify us immediately at firstname.lastname@example.org.
“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from EnergyHub asking for your personal information, including account information, please notify us at email@example.com.
We retain data for as long as an account is active. Within 2 year[s] of inactivity, we may delete the user account. However, at any time, users may request deletion of their accounts by emailing firstname.lastname@example.org.
We may occasionally update this Policy. When we do, we will also revise the “last updated” date of this Policy. We encourage you to review this Policy periodically to stay informed about the use of your Consumer Information. 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. This Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party other than EnergyHub.
8.2 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 email@example.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.
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.
- California Consumer Privacy Act (CCPA) Rights
This Section 9 applies only to “consumers” (as defined under the California Consumer Privacy Act (CCPA)) who reside in California. The CCPA provides consumers with specific rights regarding their personal information. The CCPA currently exempts personal information reflecting a written or verbal business-to-business communication (“B2B Personal Information”) from certain of the law’s requirements, and also currently exempts personal information collected and used about a natural person acting as a business’s employee or contractor (“Personnel Information”). The rights described below may not apply to B2B Personal Information or Personnel Information.
You have the right to request that businesses that are subject to the CCPA (which may include your utility or Device provider) disclose certain information to you about their collection and use of your personal information over the past 12 months. In addition, you have the right to ask such businesses to delete personal information collected from you, subject to certain exceptions. In the event that you request deletion, you may have to be unenrolled from the applicable program(s) that you have previously enrolled in. If a business sells personal information, you have a right to opt-out of that sale. Businesses may not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above.
EnergyHub acts as a “service provider” under the CCPA and our receipt and collection of any consumer personal information is done on behalf of our business partners (such as utilities or Device providers) in order for us to provide services to our business partners and customers. Please direct any requests for access or deletion of your personal information under the CCPA to the business or utility with which you have a direct relationship.