Effective Date: November 5, 2015
1. APPLICABILITY OF THIS POLICY. This Policy covers our treatment of information that is collected by us or submitted by you in relation to your use of the Service, including automatically collected non-personally identifiable information, personally identifiable information, User Data, and User Content. When you visit the Service without registering for an Account, you can browse without submitting any personally identifiable information. In order to set up an Account and use the Service, however, you may be asked to provide personally identifiable information, such as your name, email address, home address, billing address, and telephone number. This Policy does not apply to information collected by third parties, including our third party payment processor or any Linked Sites. We have no control over, and no responsibility or liability for any third party collection, use, disclosure, or retention of your information and that collection, use, disclosure, and retention is not subject to this Policy. Be sure to review the privacy policies of any Linked Sites or other third party services you may access.
2. CHANGES TO THIS POLICY. Deako reserves the right to revise this Policy from time to time by updating it and posting it at: www.deako.com/privacy with the revised Policy taking effect on the date of Posting. You should review this Policy from time to time so you are familiar with the most current version. Your use of the Service after the Effective Date posted above will constitute your acceptance of the updated Policy.
3. INFORMATION COLLECTION. We collect the following types of information:
* Account, Login, Purchase, and Shipping Information. If you create an Account on the Site or Application or pre-order or purchase any Products from Deako using the Site, you will be asked to provide some personal information about yourself, including, but not limited to, your first and last name, your email address, your shipping address, your phone number, credit card information, the names and addresses to whom purchases are shipped (if applicable).
* Email Address Collection. You may provide your email address to us in order to receive updates related to Deako products and services even if you do not sign up for an Account or make a purchase. In addition to updates about Deako products and services, we may use your email address to send you newsletters, promotions, or advertisements that we think may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt-out link in any non-Service related email you receive.
* Information Collected by Products; User Data. If you purchase and use any Products with the Service, including, but not limited to, switches, dimmers, WiFi Bridge (“Products”), we will collect some information related to your use of the Products, including, but not limited to: information collected during Product setup, such as information about the exact address where the Product will be used or the location within your home where Products will be used; times and dates of usage; and technical information from the Products, such as Product model, serial number or software version, Product status, Product settings, Wi-Fi or Bluetooth connectivity or signal strength, scenes, usage statistics, and use of system and Application software (all collectively, “User Data”). The collection and use of your User Data allows Deako to track use of the Products; send notifications to you about your Products; and to otherwise provide the Service to you. If you have multiple Products, your User Data may be shared between those Products. For example, User Data concerning usage statistics may be transmitted between the Products in your home and your mobile device or Deako’s servers. As soon as you connect the Products to your Wi-Fi or Bluetooth network, the Product will regularly collect and send your User Data to Deako. We will store your User Data indefinitely and in a profile specific to you and some User Data may be stored directly on Products.
* Location Data. Certain features available in the Service may allow or require us to obtain your location information, including GPS coordinates in real time (“GPS Location”). Your GPS Location may allow us to locate you with a high degree of precision. If the Service is unable to acquire your GPS Location, certain features of the Service may not be available to you. We may collect and use GPS Location information over time to offer you services or to protect, enhance, or update the Service.
* Support Requests or Communications Submitted by You. Any personal communications that you or a third party voluntarily submits to us in any format, including by email, postal mail, or any other method of communication may be collected and saved indefinitely in a profile specific to you.
4. INFORMATION USE.
* General. We will use your personally identifiable information to operate, manage and administer your Account and the Service; to fulfill your orders for Products; to provide you with support or a more personalized experience; to communicate with you; to monitor Service usage; to improve the Service or Products and to develop and test new products, services, websites, or applications; to match interests; to provide you information about products and services (including the products and services of third parties); to resolve disputes; to detect and protect against errors, fraud, and illegal activity; to assist law enforcement; to enforce this Policy and the Terms; to measure consumer interest; or for any other purpose described in this Policy or described to you at the time of collection.
* Communications. We may use your personally identifiable information to send you emails, notifications, text messages, or other communications related to your use of the Service, your Account, your orders for Products; or to respond to your inquiries or requests. You may not opt-out of Service-related emails which are not promotional in nature. We may also send you promotional emails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt-out link in any non-Service related email you receive. If you opt-out, you will continue to receive Service-related communications from us.
* Use of Non-Personally Identifiable and Aggregate Information. We may use non-personally identifiable information and aggregate information for any lawful purpose, including, but not limited to, analysing trends, managing and administering the Service, tracking users’ movements, to create new products or services, for research purposes, or to improve our business and the Service. We may also share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on the advertising you see. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources. Aggregate information will not be connected with your personally-identifiable information.
5. INFORMATION DISCLOSURE.
* Affiliated Entities and Service Providers. We may disclose your information, including personal information, to any affiliated entity or organization, business partner, and to agents and service providers to help us operate the Service, improve our business or the Service, to provide services to us. These third parties may include customer service providers, business or sales service providers, or providers that provide support for the Service. Use of information by affiliated entities and service providers will be subject to this Policy or an agreement at least as restrictive as this Policy. We will not share your personal information for marketing purposes or with other third parties for purposes unrelated to the Service without your explicit consent.
* Legal Requirements. In some cases, we may disclose your information, including personal information, User Content, or User Data (i) as required by any applicable law or legal regulation; (ii) if we believe disclosure is needed to protect our rights, property, or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.
* Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell, or reorganize all or part of our business or assets, we may disclose your information, including personal information, User Content, and User Data, to prospective or actual purchasers in connection with one of these transactions.
* Aggregate Information. We may share aggregate information with our affiliated entities and service providers, business partners, or with other third parties or the general public. We may publish information about usage statistics and trends and connect this information with certain demographic information. We may disclose this information in order to contribute to research, or to improve the Service and Products. We will take reasonable steps to ensure that aggregate information is never associated with you or your personal information.
* Disclaimer. We cannot ensure that all of your personal information and User Data will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personal information or User Data. No transmission of data over the internet can be 100% secure.
6. INFORMATION RETENTION. We may retain your information (including personally identifiable information and User Data) indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud, abuse or a breach of our contract. By accessing, using, or registering for the Service, you consent to our information retention practices. If you cancel your Account or your Account is otherwise terminated, we may, but are not obligated to, delete any information we have collected or obtained from you or third parties and we may continue to store, use, and disclose that information in accordance with this Policy. Deako does not undertake any retention obligations through this statement.
7. INFORMATION SECURITY MEASURES. Keeping your information secure is of great concern to us. We exercise care in facilitating the transmission of information between your device or computer, the Products, and the third party servers that operate and store information for the Service. The personal information and User Data we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personal information and User Data once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
9. CHILDREN’S PRIVACY.
* The Service is not for or Directed Towards Children. You must be 18 years of age or older to use the Service. Children under the age of 13 are prohibited from registering for an Account and we will never knowingly collect any information from children under the age of 13. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at: firstname.lastname@example.org.
* California Minors. The Service is not available to users under age 18. If you are a California resident under age 18 and you believe your information has become publicly-available in the Service and you are unable to remove it, you may request removal by contacting us at: email@example.com. When requesting removal, you must be specific about the information or User Content you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any User Content or information that: (1) federal or state law requires us or a third party to maintain; (2) the User Content or information was not posted by you; (3) we anonymize the User Content or information so that you cannot be identified; (4) you do not follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the User Content or information. REMOVAL OF YOUR USER CONTENT OR INFORMATION FROM THE SERVICE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT USER CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the User Content or information posted by you; our obligations under California law are satisfied so long as we anonymize the User Content or information or render it invisible to other users and the public.
10. CALIFORNIA SHINE THE LIGHT LAW. California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may do so by contacting us at: firstname.lastname@example.org.
12. ACCESSING, UPDATING, OR DELETING YOUR USER CONTENT AND PERSONAL INFORMATION. You may access, update, or delete your personal information by contacting us at: email@example.com. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your Account is terminated for any reason, your information will no longer be accessible through your Account or associated with your Account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.
13. PRIVACY QUESTIONS. If you have questions, concerns, or suggestions regarding this Policy, please contact us at: firstname.lastname@example.org.
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