1. IMPORTANT DEFINITIONS. The following are used in this Privacy Statement in the manner defined in this Section 1. Other terms that initially appear in Bold Text and are capitalized throughout this Privacy Statement are also used as defined terms and have special meaning as herein defined.
1.1. “Company,” “Us,” “We” or “Our” is Clare Controls, LLC of Sarasota, Florida, the provider of the Products and Services.
1.2. “Personal Information” is information that is specific to You or Your account that can be used to identify You, either alone or in combination with other information. The following types of Personal Information are collected by Us:
a) “Personally Identifiable Information” is information that identifies a particular individual (e.g. name, social security number or phone number);
b) “Registration Information” is information You provide about Yourself (and others associated with Your account) when registering for and/or purchasing Our Products and Services. When registering for an account with the Company You will be asked to create an account that includes information such as Your name, billing and shipping address, payment information (e.g., payment card information) and contact information such as Your email and phone number. You may choose to provide additional information that will be connected to Your account.
c) “User Content” is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of the Services or Website and transmitted, whether publicly or privately, to or through the Company.
d) “Web Behavior Information” is information on how You use the Company’s websites (e.g. browser type, domains, and page views) collected through log files, cookies, and web beacon technology
1.3. “Products,” “Services” or “Products and Services” are, individually and collectively, the Products (e.g. ClareVue Lighting), software (e.g. ClareHome App) and Services (e.g. Clare Intrusion Monitoring) that are sold or offered by the Company, that are accessed or used by You, regardless if the sale or use is in connection with a registered account or not.
1.4. “Product Information” is information that identifies a specific product and one or more of the following: settings, product model number, software version number, software/hardware build dates, operating system version, communication port settings, GIS coordinates of the product and software runtime settings.
1.5. “Website” means Our public facing website located at http://www.clarecontrols.com/home-automation/.
1.6. “You,” “Your” or “Yourself” is the individual that has an active registered account with Us for use of Our Products or Services and any individual that uses any of Our Products or Services with the permission or knowledge of the primary account holder. “You,” “Your” and “Yourself” also includes any individual that uses any of Our Products or Services without registering for an account or without the permission of an active account holder, which use is generally prohibited. If the account is registered in the name of a business, this definition applies to the business and all employees and agents of the business who access the account or use any of the Products or Services on behalf of the business or for their personal use.
2.2. Additional Authorized Users. Your account with the Company provides You with the ability to enable additional authorized users and devices to access Your account. If You do so, the additional authorized users/devices may control and view all of Your content, and other information associated with Your account, including payment information. Additional authorized users may also add additional authorized users or devices to Your account, so be careful to add only those individuals that You trust. Any information added by additional authorized users will be stored with Your account and subject to the terms of this Privacy Statement. It is Your responsibility to make any users that You grant access to Your account aware of the terms of and limitations in this Privacy Statement.
3. WHY WE COLLECT INFORMATION
We collect, use, share, transfer, store, process and retain information (A) to provide, analyze and improve the Services, (B) for marketing and advertising purposes, (C) to protect the security and safety of Our users, business and employees and as We reasonably believe is permitted by laws and regulations, and (D) to comply with laws and regulations applicable to the Company as We reasonably believe is permitted or required. The collected information may include Personal Information. The types of information We collect is dependent on how You interact with Us and the types of Products and Services that You use.
4. WHAT AND HOW WE COLLECT INFORMATION.
4.1. What Information? The Company collects Personal Information, non-personal information and Product Information from You when You register for an account or use the Services. Personal Information may include but is not limited to Personally Identifiable Information, Registration Information, User Content and Web Behavior Information. Non-personal information may include but is not limited to the manner in which You access the Services, the device used to Access the Services, and Product Information.
4.2. How Information is Collected. The Company collects information about You and the Services in two ways: a) directly provided by You, and b) through Your use of the Products and Services.
4.3. Information You provide directly to the Company. Information is obtained from You when:
4.3.1. You register or create an account with Us or purchase any of Our Products and Services You will be asked for Registration Information such as Your user name, billing and shipping address, payment information (e.g., payment card) and contact information such as Your email and phone number.
4.3.2. The Company provides You with on-site technical support assistance or via telephone, email or a chat feature.
4.3.3. You respond to customer surveys.
4.3.4. You make changes to the settings of Your Products or Services or Your account and save those changes either through Your account or directly on the affected Product.
4.3.5. You post or upload User Content to Your account or those Services that permit such. For example, any content You contribute to any blog or community forum that is sponsored or controlled by the Company. You are solely responsible for all User Content and should never upload or include materials belonging to others without the owner’s express permission. To request that We assist You in attempting to remove or anonymize Your Personal Information from Our blog or community forum, contact Us at Privacy@ClareControls.com. Please note any post You make to a public forum may be impossible to entirely remove from the Internet.
4.4. Information from the Use of the Services and/or Products. Information is also obtained about You and the environment in which the Product and Services are being used when:
4.4.1. You are signed in to Your account, Your activities are tracked and are associated with Your account. Such activities may include changes to the settings of Products associated with Your account (such as a linked thermostat), what time Your house enters the “sleep” or “wake” mode, what time a door is locked or unlocked and similar settings or activities.
4.4.2. You download and use the Company’s mobile applications, the Company may collect Your unique device ID and all Your account and activity information will be tied to that unique device ID. In addition, We may track and collect usage data, such as the date and time the app on Your device accesses the Company’s servers and what information and files are accessed or downloaded to the app, and this information may be associated with Your account.
4.4.3. You use the Internet to connect to Us as certain information is collected by most browsers or automatically by Your device (e.g. Your MAC address, operating system, device manufacturer and model, language, and Internet browser type). This also includes Web Behavior Information.
4.4.4. You connect a Product to or accept Services via the Internet. When the Product or Service is setup to wirelessly access the Internet You are required to provide Your Wi-Fi network name and password to connect to the Internet. This connection information will be saved in the Product’s memory, along with Your IP address. This will allow You to access the Product and control it from Your computer or mobile device. This also allows it to communicate with the Company’s servers which allow the Company to periodically provide software updates, provide configuration changes and review log files for support/troubleshooting purposes. Once connected to Your Wi-Fi network, the Company regularly receives the information described in this Privacy Statement (but not Your Wi-Fi password) in order to provide You with the Services.
4.5. Information from third Parties. Any information that the Company receives from third parties from the use of the Products and Services will be processed and stored by the Company and will be treated in accordance with this Privacy Statement.
4.6. Other Types of Information. We are always working to enhance Our Products and Services with the addition of new applications and features. These enhancements or changes could result in the collection of new or different types of information or how that is collected. If the Company were to make material changes in the manner or types of information collected, the Company will update this Privacy Statement.
5. HOW WE USE AND SHARE INFORMATION
5.1. Use and Sharing. Clare will use and share Your Personal Information with third-parties only in the ways that are described in this Privacy Statement. Because the Products and Services We sell are dynamic and changing, You should check this Privacy Statement regularly as to how We use and share information will change over time as will this Privacy Statement.
5.2.1. establish Your account and provide Our Products and Services;
5.2.2. respond to requests from You for service, products, support or other matters related to Our Products and Services;
5.2.3. process payments from You;
5.2.4. offer new or improved products or services to You, through the use of email communications and otherwise;
5.2.5. track Your access and usage of the Products and Services;
5.2.6. conduct follow-up surveys on the Products and Services;
5.2.7. implement online marketing campaigns and targeted advertising, including by utilizing third-party ads (subject to Your cookie settings and preferences), and to measure the effectiveness of Our marketing and targeted advertising;
5.2.8. host and improve Our websites, authenticate Your visits, provide custom, and personalized content and information when You visit and log-in;
5.2.9. run Our mobile application(s);
5.2.10. conduct analytics to analyze and improve Our Products and Services, Our websites and mobile applications;
5.2.12. comply with legal process, law enforcement and/or applicable laws or regulations.
5.3. How We share the Personal Information We collect. We do not disclose, trade, or share Personal Information with third parties, except to provide the Products and Services which You requested or when We have Your permission or as provided in this Section 5. We may use or disclose Personal Information without Your consent under the following circumstances:
5.3.1. When using third parties for processing payments from You, which parties are prohibited from using Your Personal Information for any other purposes, such as marketing to You.
5.3.2. When using third parties to send newsletters or to otherwise electronically communicate with You, which parties are prohibited from using Your Personal Information for any other purpose.
5.3.3. In order to improve the quality or design of Our Products and Services or to create new features, promotions, functionality, or services on Our websites or mobile applications.
5.3.4. To maintain Our Products and Services, Our websites or mobile applications We may share Personal Information with third party contractors such as developers, support administrators, designers, data analysts, and network technicians.
5.3.5. We may transfer Personal Information to a third party entity in the event of an assignment of Our assets for any reason, such as a merger, acquisition, or sale of all or a portion of Our assets. You will be notified of any such change in ownership or control of Your Personal Information.
5.3.6. In communication with and to receive services from Our legal, financial, and other professional advisors, each of which is bound by a professional code of conduct not to further disclose the information or is otherwise contractually bound not to further disclose the information.
5.3.7. To comply with a subpoena or court order, to cooperate with law enforcement, or when We believe in good faith that disclosure is necessary to protect Our rights, investigate fraud or other illegal activities, or respond to a government request.
5.3.8. To protect Your safety or the safety of others, Our employees, or Our property, or in emergency situations, to enforce Our rights under any of Our published policies, in court or elsewhere, and as otherwise permitted by law.
5.4. We do not otherwise Share. Except as provided above, We will not share any of Your Personal Information with any third party unless We have Your permission.
5.5. Aggregate and Anonymized Information. We may share Aggregate Information and/or Anonymized Information with third-parties without Your permission or notice to You. “Aggregate Information” is collective data that relates to a group or category of services or users from which individual identities and characteristics have been removed so that no specific individual may reasonably be identified from the collective data. “Anonymized Information” is information that has been stripped of Your Registration Information and/or other data associated with You or Your account such that You cannot reasonably be identified from the information.
6. ACCESS TO YOUR PERSONAL INFORMATION
6.1. Access. By logging into Your account You can review the Personal Information contained in Your account. If You require any changes to that Personal Information We will make such change on Your behalf. To initiate a change You must contact Us by sending Us a written request to the address provided in Section 11. Do NOT include in the request the changes that You require. Upon receipt of Your request, We will send an email to the primary account holder containing a link to a secure webpage where You can securely specify what Personal Information is required to be changed, corrected or deleted by Us. Upon receipt of a written request from the primary account holder, We will take commercially reasonable steps to respond within 21 days and to acknowledge that the change(s) have been completed. Please note that You may not be able to delete Personal Information that has been shared with others through Your use of the Service and that You may not be able to delete information that has been shared with third-parties as provided in this Privacy Statement, though We can work with You to limit Your data from being shared with third-parties in the future. If You close Your account, We will maintain Your Personal Information in accordance with this Privacy Statement and Our own records retention policy for up to five (5) years (or longer if required by law or the legal process) and Aggregate and/or Anonymized Information indefinitely.
6.2. Pop-Ups. We will never initiate a request for Personal Information via a pop-up window or ask that You include Personal Information in a reply email. We may, however, send You an email containing a link to a secure webpage where You can securely enter Personal Information. If You receive a request for Personal Information via a pop-up window or are requested to send such information in an email, please do not respond and notify Us via one of the methods provided in Section 11. If You ever believe that You have been a victim of fraud in connection with the use of Our Products or Services, please report it to the police and take all available actions to protect Yourself. Also, please notify Us, so that We can take all possible actions to protect You, other users and the Services.
6.3. Promotional Emails. By establishing an account or using the Services You agree that We may use Your email address to contact You from time to time with promotional emails. We may also contact You via email in order to send notices required by law, to provide information regarding Our Services, or to resolve any complaint or suspicious transactions. We also may contact You by telephone for any of those reasons. You may at any time choose to unsubscribe to any of Our promotional emails by contacting Us via one of the methods provided in Section 11. Alternatively, You can unsubscribe to promotional emails by clicking the "unsubscribe" button at the bottom of the email. Please note that even if You unsubscribe to promotional emails, We will still send You non-promotional emails regarding Your account and/or the Products and Services You own or to which You subscribe, such as technical notices, purchase confirmations, or Service-related emails.
7. IMPORTANT INFORMATION
7.1. Business transactions. If We complete a business transition such as a merger, acquisition, sale of all or a portion of Our assets, or if We are involved in a bankruptcy proceeding, information We have collected about You, including Personal Information, will likely be one of the items transferred as part of the transaction and will therefore visible to the other party to the transaction. Please note that this Privacy Statement may change as a result of a business transaction like that, in which case You should refer to Section 10 “Changes to this Privacy Statement.”
8. SECURITY MEASURES
We seek to use reasonable organizational, technical and administrative measures to protect Your Personal Information and data from loss, misuse and unauthorized access, disclosure, alteration and destruction. We do this by using (a) Secure Sockets Layer (SSL) technology (which encrypts information between a web server and a browser), (b) commercially available firewalls, (c) encrypting data while in transit and at rest; and (d) through restricted access to Personal Information. The Company limits access to Personal Information and other data to those persons in the organization, or Our agents, that have a specific business purpose for maintaining and processing such Personal Information and data. Individuals who have access to Personal Information are aware of their responsibilities to protect the security, confidentiality and integrity of that Personal Information and have been provided training and instruction on how to do so. Unfortunately, no information storage or transmission system is 100% secure. You recognize that You play a vital role in protecting Your Personal Information. You must safeguard information regarding Your account and log-in information, such as Your user name and password, and add only those users to Your account that You trust. If You have reason to believe that Your interaction with Us is no longer secure, Your account or account credentials have been compromised, or that a non-authorized person has access to Your account, please immediately contact Us via email or phone as provided in Section 11.
9. CHILDREN’S PRIVACY
Clare’s Products and Services are designed for use by those 18 and older. Clare will not accept or register as the primary name on a user account a person under 18. However, Clare’s Products and Services may be used by those under 18 but only with the oversight and authorization of the registered account holder who is over the age of 18 in which case the registered account holder assumes full responsibility for such use.
10. CHANGES TO THIS PRIVACY STATEMENT
You should frequently review Our Website for the most recent version of Our Policies, including this Privacy Statement, as Our business and product mix will change over time. As We make changes this Privacy Statement will be modified and periodically updated (which We reserve the right to do) to address how those changes may impact how We treat the information We gather and collect, including Your Personal Information, and/or Our overall policy on privacy. Whenever this Privacy Statement is changed in a material way, a notice will be posted as part of this Privacy Statement for at least 30 days. After 30 days the changes will become effective and Your continued use of the Services will be Your acknowledgment of the changes and Your consent to be bound by such changes. In addition, all users may receive an email with notification of the changes prior to the change becoming effective. Should You not agree to the Privacy Statement as revised Your sole remedy shall be to cease using the Services.
11. CONTACT INFORMATION
If You have a need to contact Us about Your Personal Information or if You have any questions or suggestions regarding this Privacy Statement, You may do so by any of the following methods:
Clare Controls LLC