Privacy Policy
updated september 10, 2018

Please review this entire privacy policy (this "Privacy Policy") carefully before using any TrustHab, LLC ("TrustHab", "we", "us" or "our") connected devices (collectively, the "Connected Devices"), or the related platform services, including any available on TrustHab's website (the "Web Platform") or through software that may be downloaded to your smartphone or tablet (the "Mobile Platform" and, together with the Web Platform, the "Platform Services" and, together with the Connected Devices, the "TrustHab Products") because it will help you understand (i) what information we collect, (ii) how we collect such information, (iii) how we use such information and (iv) when we disclose such information to third parties.

This Privacy Policy is the legal agreement between you ("you" or "your") and TrustHab regarding your or your authorized user's (an "Authorized User") use of the TrustHab Products. TrustHab is registered in the United States of America as a Florida limited liability company and has its registered office at 150 N. Westmonte Drive, Altamonte Springs, Florida 32714.

Your use of the TrustHab Products is also subject to the terms and conditions of the TrustHab Terms of Service (the "Terms of Service"), which is available by clicking on the following link https://trusthab.com/terms-of-service.html, as well as (i) if you are a landlord or property owner, or an employee thereof (such persons, "Contract Parties"), that has entered into a TrustHab Connected Devices Purchase and Platform Services Licensing Agreement with TrustHab (a "Sale Agreement"), the TrustHab Administrative Platform User License Agreement (the "APULA"), which is available by clicking on the following link https://trusthab.com/administrative-platform-user-license-agreement.html, and (ii) if you are not a Contract Party, the TrustHab End User License Agreement (the "EULA"), which is available by clicking on the following link https://trusthab.com/end-user-license-agreement.html. Each of the Terms of Service and the EULA and/or APULA (as applicable) are incorporated in this Privacy Policy by reference.

By signing up for, or using or accessing, any of the TrustHab Products, you are agreeing to this Privacy Policy, as well as consenting to data collection, processing and transfers to the United States and/or other countries for TrustHab's storage, processing and/or use. If you do not agree with this Privacy Policy, you may not use the TrustHab Products or submit any Personal Information (as defined below) to us in connection with a TrustHab Product.

The TrustHab Products may only be used in the United States.

1. SUMMARY.

 

Though you should read this Privacy Policy in its entirety, the following provides a summary of some of the most important aspects of our privacy practices:

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?

 

a. We collect Personal Information, as well as non-Personal Information, demographic information, location-based information, analytical information and other information that you provide to us and as described in this Privacy Policy.

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.

b. Affiliates and Third Parties. We may share your Personal Information with TrustHab's affiliates and partners in order for those companies to contact you about their products, services or other offerings that may be of interest to you. Our website or our e-mails may link to third parties' websites or the websites of TrustHab's distributors. It is also possible that the websites or e-mails of third parties may link to our website. By accessing any such websites, registering for an account or service with us, or otherwise providing us with your Personal Information, you consent to the transfer of your Personal Information as provided in this Privacy Policy. To choose to opt out of such disclosures, e-mail us at opt-out@trusthab.com. This Privacy Policy does not govern unaffiliated third-party websites or any other website that does not link to this Privacy Policy. If you sign up for additional products or services through us that are provided by third parties, or in which third parties are involved, we may share your Personal Information with those third parties as necessary to provide those products or services to you. If you or your Authorized Users authorize control of your TrustHab Product by a third-party application, provider software or other offering (e.g., a utility or energy company or smart-home kits), then we do not and cannot control or be held responsible for how such third party uses your Personal Information or any other information that it collects from you. We are not responsible for the contract or the privacy practices employed by third parties. We encourage you to read any applicable third party's privacy policy before transmitting any Personal Information to such third party. We do not knowingly allow third parties to collect Personal Information about you through our Platform Services, though we may share the information we have collected as provided for in this Privacy Policy. If you post a comment to our website, forum, blogs, message boards or social networking site, you acknowledge that the information that you choose to post, including any Personal Information, may be available generally to the public.

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.

e. Business Transfers. We may at any time sell or buy brands, stores, subsidiaries or business units. We may share and/or transfer your Personal Information with a third party in such transactions (including, without limitation, any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets). Personal Information generally is one of the transferred business assets in any such transaction but remains subject to any preexisting applicable Privacy Policy.

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.

8. ASSIGNMENT.

 

We may freely assign our rights and/or obligations under this Privacy Policy in our sole discretion and without notice to you. This Privacy Policy may not be assigned or transferred by you without TrustHab's prior written consent.

9. PRIVACY POLICY UPDATES.

 

As we continue to improve our Platform Services and expand our TrustHab Product offerings, we may change this Privacy Policy from time to time. If there are changes or additions to this Privacy Policy, we will post those changes on our website or provide them to you. Each version of this Privacy Policy will be identified at the top of the page by its effective date. Continued use of the TrustHab Products after such changes to this Privacy Policy will indicate your consent to the revisions.

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.]

11. CHILDREN.

 

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.