Privacy Policy
Last updated: June 11, 2020
This privacy policy (“Privacy Policy”) provides information to you about our privacy practices on smartthermostats425041.life (the “Site”), including how we collect, use, share, and safeguard information about you when you use the Site and any associated content, links, and/or materials available in connection with the Site. By using the Site, you must be at least 18 years old and consent to this Privacy Policy.
By using the Site, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, you should not use or provide any information via the Site. We reserve the right to make changes to this Privacy Policy at any time and for any reason. In the event of any updates, we will update the “Last updated” date displayed on the Privacy Policy. Changes to the Privacy Policy are effective when they are posted. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date on which such revised Privacy Policy is posted.
1. Collecting Your Information. Information about you is collected through the Site in a variety of ways. The types of information collected through the Site include, but are not limited to: information you provide directly or indirectly through the Site and in connection with your use of the Site.
o The Site automatically collects information, including through the use of cookies and tracking pixels (also known as web beacons, 1x1 pixels, or clear GIFs) when you browse and interact with the Site. A cookie is a small data text file, which is stored on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us. Tracking pixels are code requiring a call back to a server to render, and which deliver information to us about your IP address and information from your browser. Cookies make your use of the Site easier, make the Site run more smoothly, and help us to maintain a secure Site. Cookies and tracking pixels may collect information about you, such as the referring and exit domain names and websites, your IP address, your browser type and version, operating system, software, and platform, your Internet service provider, geographic location, area code and zip code associated with your server, time zone setting, date, time, and length of your visit, referring and exit domain names and websites, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords, and clickstream data.
o If you arrive at the Site by “clicking through” from an email or other website, we may collect certain information about you through the use of cookies, web beacons, and other tracking technology, such as the terms you were searching that led you to the Site, or your clicks while on the Site;
o We also use cookies and web beacons in any email communications, which help us track whether an individual opens and/or clicks on the emails and the links contained within;
o The Site uses third party cookies and tracking pixels to collect information about you based on your use and interaction with the the Site. For instance, our third party service providers, including those whom enable us to provide the Site, search feeds, and featured links, utilize their own tracking technologies on the Site. We may display certain advertising offers on the Site or allow third party service providers, advertisers, ad networks, or other third parties to advertise on the Site. Additionally, we may use third party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third party software may use cookies, web beacons, or similar tracking technology to help manage and optimize your online experience with us. Such third party service providers may use information collected to record advertising campaign information, including clicks, for behavioral data analysis, and statistical analysis. They may also combine information collected with other information collected across the internet or from other websites. We do not control these third parties’ tracking technologies or how they may be used.
o Most web browsers are set to accept cookies by default. You can usually choose to set your browser to disable or reject cookies. Be aware that disabling or rejecting cookies could affect the availability and functionality of the Site or certain portions of the Site. Also, please note that we may still use information we’ve collected from cookies prior to your disabling them; however, we will not collect any further information from the disabled cookies.
o We may also collect any contact information, such as your name and email address, which you choose to provide to us, including through the Site or via email, or by unsubscribing from our mailing list.
2. Using Your Information. We may use any information collected about you to: help increase the efficiency and operation of the Site; deliver and improve our services; track Site access and interaction; marketing; manage our business; monitor and analyze usage and trends to improve the Site and the user experience; generate a personal profile of you to make future visits to the Site more personalized; perform the functions and services you request; send you confirmations, updates, alerts, administrative messages, and otherwise facilitate your use of the Site; request feedback and contact you about your use of the Site; respond to your emails or other requests; compile anonymous statistical information and analysis, which we may use internally and/or provide to third parties; and as legally required.
3. Sharing Your Information. We may share your information as follows:
o We may share your information with third parties that perform services for or on our behalf, including third party service providers whom provide the Site, search feeds, and featured links;
o We may share your information with third parties for advertising, marketing, or promotional purposes, including to track your clicks on the featured links;
o As noted above, we allow selected third parties, such as our service providers and advertising partners, to use tracking technology on the Site, which enables them to collect information about how you use the Site and the featured links on the Site. This information may be used to, among other things, track your clicks on the featured links, analyze and track data, determine the popularity of certain content, and better understand your online activity;
o We may also share your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with governmental or quasi-governmental authorities conducting an investigation, or in response to a subpoena, court order, or other legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; (d) protect the personal safety of users or the public; (e) verify or enforce compliance with the policies governing our Site and applicable laws; (f) protect against misuse or unauthorized use of our Site; or (g) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms and conditions, or as otherwise required by law, or limit our legal liability;
o If we reorganize or otherwise transfer some or all of the Site or our assets to another organization (such as in the course of a merger, dissolution, liquidation), your information may be shared with the transferee; however, we will ask the transferee to honor commitments we made in this Privacy Policy. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
4. Security of Your Information. The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security. As a result, you acknowledge that there are security and privacy limitations of the Internet which are beyond our control; the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and any such information and data may be viewed or tampered with in transit by a third party. We make no warranty, express, implied, or otherwise, regarding the security of the Site and your personal information.
5. Links to Third Party Websites and Third Party Practices. As noted above, the Site contains featured links to third party websites, which collect information about you when you view or click on the featured links on the Site, through the use of cookies and tracking pixels. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. We do not operate or control in any respect any information, software, products or services available on such third party websites. Any information collected by websites, other than the Site, is not covered by this Privacy Policy. This Privacy Policy only addresses our use and disclosure of information which we collect from you. The third party websites which are accessible through our Site, and companies to whom your information is transferred, have their own privacy policies and data collection, use and disclosure practices. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites that may be linked to or from the Site. Please consult each third party website's privacy policy.
6. Policy for Children. We do not use the Site to solicit information from or market to children under the age of 18. By using the Site, you represent that you are at least 18 years of age. We encourage parents and legal guardians to monitor their children’s internet usage and to instruct their children to never provide personal information through the Site or any other website without parental consent. If you believe a child has provided personal information to us via the Site, please contact us and we will use reasonable efforts to locate and delete the information.
7. California Residents – Your Privacy Rights
Under California’s Shine the Light law (California Civil Code § 1789.83), California residents have the right to request, once a year, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and the names and addresses of such third parties with whom we have shared the personal information. You have agreed to allow us to share information with third parties for their direct marketing purposes until you request to opt-out of such sharing. To request information, please submit your request to us at privacy@domainactive.com, or by mail at Level 2, 100 Harris Street, Pyrmont | NSW 2009, Australia. Your request must include the email address or mailing address, as applicable, for us to send a response. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of such third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests that are not submitted in accordance with this section.
Additionally, if you are a California resident, under the meaning of Section 17014 of Title 18 of the Cal. Code of Regulations, your use of the Site is subject to the California Consumer Privacy Act of 2018 (“CCPA”), and all final, implementing regulations. Under the California Consumer Privacy Act of 2018 (“CCPA”), up to twice in a twelve (12) month period, a consumer has the right to request that a business disclose what personal information it collects, uses, discloses, and sells. Information regarding our collection, disclosure, and sale practices are detailed below, in addition to instructions on how to exercise your rights regarding your personal information.
What Personal Information Do We Collect?
We collect, and have collected personal information about our visitors and which may be subject to the CCPA within the preceding 12 months in the following categories:
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Categories of Personal Information |
Categories of Sources from Which PI is Collected |
Business or Commercial Purpose for Which Each Category Will be Used |
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Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers), or information that identifies, relates to, describes, or is capable of being associated with, a particular individual |
Individual through the Site
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Provide you with access to the Site and the ability to interact with the Site; Track Site access and interaction; Fulfill requests submitted through the Site and connect you with the products/services featured on the Site; Personalize and improve the Site; Marketing; Internal database; Analyze the Site; Secure the Site; Customer service; and Legal compliance |
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Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with a website, application, or advertisement) |
Individual through the Site
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Provide you with access to the Site and the ability to interact with the Site; Track Site access and interaction; Fulfill requests submitted through the Site and connect you with the products/services featured on the Site; Personalize and improve the Site; Marketing; Internal database; Analyze the Site; Secure the Site; Customer service; and Legal compliance |
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Geolocation data |
Individual through the Site
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Provide you with access to the Site and the ability to interact with the Site; Track Site access and interaction; Fulfill requests submitted through the Site and connect you with the products/services featured on the Site; Personalize and improve the Site; Marketing; Internal database; Analyze the Site; Secure the Site; Customer service; and Legal compliance |
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Inferences drawn from any of the above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, behavior, etc. |
Individual through the Site
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Provide you with access to the Site and the ability to interact with the Site; Track Site access and interaction; Fulfill requests submitted through the Site and connect you with the products/services featured on the Site; Personalize and improve the Site; Marketing; Internal database; Analyze the Site; Secure the Site; Customer service; and Legal compliance |
We collect the above personal information in the above categories directly from you via the Site and from your interactions with the Site, including from your clicks on the featured links on the Site and whether you indicated a need for a particular service or product featured on the Site and/or in the links, through the use of cookies and tracking pixels (also known as web beacons, 1x1 pixels, or clear GIFs). A cookie is a small data text file, which is stored on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us. Tracking pixels are code requiring a call back to a server to render, and which deliver information to us about your IP address and information from your browser. Cookies make your use of the Site easier, make the Site run more smoothly, and help us to maintain a secure Site. Cookies and tracking pixels may collect information about you, such as the referring website address, your IP address, your browser type and version, your Internet service provider, the area code and zip code associated with your server, the date and time of your visit, and the time spent on the Site.
We also collect information on whether you responded to featured link(s) on the Site, and which third party advertisements and links you click through the Site.
To the extent that you receive electronic communications from us, we also collect information on whether you viewed the email communications and clicked on any links within such communications.
Third party service providers whom enable us to provide the Site, search feeds, and featured links also collect your personal information through the Site, through the use of third party tracking pixels and cookies. Such third party cookies and tracking pixels are subject to third party privacy policies.
What Personal Information Do We Disclose?
We disclose, and have disclosed personal information about our visitors to third parties within the preceding 12 months as follows:
- We disclose personal information in all of the above categories to our third party service providers and advertising partners to provide you with the search feeds and featured links on the Site to particular products or services, and for tracking clicks on such.
- We also disclose personal information in all of the above categories to our third party publishers for the purpose of marketing the Site to you via email, including for tracking their clicks/conversions.
- We disclose personal information in all of the above categories to our third party service providers that we utilize to perform technical functions on our behalf, including logging user and customer experiences through the Site and the featured links.
- We disclose personal information in all of the above categories to our third party data analytics providers for the purpose of tracking Site access and interaction.
- Also, in the event that we, or substantially all of our assets, are acquired, such personal information may be included within the transferred assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
What Personal Information Do We Sell?
We disclose for a business purpose and sell personal information in all of the above categories to our third party service providers, including those whom enable us to provide the Site, search feeds, and featured links, and to third party advertising partners, namely, the owners of the services, products, and brands that are featured on the Site.
Also, in the event that we, or substantially all of our assets, are acquired, personal information in all of the above categories may be included within the transferred assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
We do not have any actual knowledge of the sale of personal information of minors under 16 years of age. There are no financial incentives to disclose.
Your Right to Request to Know and How to Submit a Verified Request to Know
A “request to know” is a request related to the personal information that a business has about such consumer. It may include a request for any or all of the following from us:
1) specific pieces of personal information that we have collected about you;
2) categories of personal information that we have collected about you;
3) categories of sources from which the personal information was collected;
4) categories of personal information that we have sold or disclosed for a business purpose about you;
5) categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
6) the business or commercial purpose for collecting or selling personal information.
The CCPA permits requests to know from the same consumer up to twice in a twelve (12) month period.
Unless you have previously contacted us and/or provided us with your first and last name, email address, physical address, and/or telephone number, we are generally unable to respond to requests to know. Generally, without such additional information, we do not have the ability to associate corresponding records and substantively respond to your request to know. We will honor third party partner requests forwarding an individual’s request to know, where the individual is capable of being identified in our data records.
To submit a request to know, please email us at privacy@domainactive.com . To process your request, we may require that you submit the following information in conjunction with your request: your first name, last name, a California address, and email address. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for information, we may require the following before processing the request: 1) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information which you submit in conjunction with your request to know will be used for the express purposes of verification and providing you with responsive information to your request, if required.
Your Right to Request Deletion and How to Submit a Verified Request to Delete
You have the right to request the deletion of any personal information which we have collected about you, or which we maintain.
Unless you have previously contacted us and/or provided us with your first and last name, email address, physical address, and/or telephone number, we are generally unable to respond to requests to delete. Generally, without such additional information, we do not have the ability to associate corresponding records and process your request to delete. We will honor third party partner requests to delete information, where the individual is capable of being identified in our data records.
To submit a verifiable request to delete, please click here: request to delete, or email us at privacy@domainactive.com. To process your request, we may require that you submit the following information in conjunction with your request: your first name, last name, a California address, and email address. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for deletion, we may require the following before processing the request: 1) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information which you submit in conjunction with your request to delete will be used for the express purposes of verification and providing you with responsive information to your request, if required.
We utilize a two-step process for online requests to delete, whereby you first submit your request to delete, and second, you separately confirm that you want your personal information deleted.
To the extent that your personal information is necessary for us to maintain for a reason delineated in Cal. Civ. Code § 1798.105(d), including but not limited to complete a transaction for which the personal information was collected, provide a good or service you have requested, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, debug, etc., or to comply with a legal obligation, we are not required to comply with your request for deletion. For instance, we are not required to delete personal information which is necessary to maintain suppression files for those individuals who have opted out of receiving email marketing from us. If we are unable to verify your request, we will notify you as well.
Your Right to Opt-Out of the Sale of Personal Information and How to Submit a Verified Request to Opt-Out
You have the right to opt-out of the sale of your personal information. You have ehe right to direct a business that sells (or may in the future sell) your personal information to stop selling your personal information, and to refrain from doing so in the future.
The Site features a “Do Not Sell My Personal Information” link here, which you can click to submit your request to opt-out of the sale of your personal information. You may also email us at privacy@domainactive.com to submit your request to opt-out of the sale of your personal information. In conjunction with your request, we may request that you provide your first name, last name, a California address, and email address to verify and process your request. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for deletion, we may require the following before processing the request: 1) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information which you submit in conjunction with your request to opt-out will be used for the express purposes of verification and complying with the opt-out request, if required.
Unless you have previously contacted us and/or provided us with your first and last name, email address, physical address, and/or telephone number, we are generally unable to respond to requests to delete. Generally, without such additional information, we do not have the ability to associate corresponding records and process your request to delete. We will honor third party partner requests to delete information, where the individual is capable of being identified in our data records.
Your Right to Non-Discrimination for the Exercise of Your Privacy Rights
California affords consumers with the right not to receive discriminatory treatment by a business for the exercise of their privacy rights conferred by the CCPA. This means that you cannot be denied goods or services; be charged different prices or rates; be provided with a different level or quality of goods or services; or have it suggested that you will receive a different price or rate or different level or quality of goods or services. However, a business may offer a financial incentive or price or service difference if it is reasonably related to the value of the consumer’s data. A business shall notify consumers of any financial incentive or price or service difference.
Updates
We will revise this notice from time to time as implementing regulations further develop and come into effect and we are able to provide you with better information on your CCPA rights and how to exercise them.
8. United States Only
This Site is intended to be used in the United States only. The Site is controlled and operated from the United States, and is not intended to subject us to the laws or jurisdiction of any other country, except for the United States. This Privacy Policy is provided in accordance with and subject to applicable United States law. You may be located in a country that has laws which are more restrictive about the collection and use of your personal information. However, by using our Site, you agree to waive the more restrictive laws and agree to be governed by the laws of the United States. Further, if you decide to continue to access the Site from a location outside of the United States, you hereby agree that your use of the Site is subject to this Privacy Policy and that your personal information will be transferred, stored, and/or processed in the United States. Your information may be collected, accessed, processed, and stored in the United States as well as in any other country where we, our affiliates, service providers, or our third party partners maintain facilities. By using the Site, you consent to the transfer of such information to countries outside or your country of residence, which may have different data protection rules than those of your country.
9. Opting Out
If we send emails to you, you may opt out of receiving such emails at any time by responding to the opt-out link provided within the email.
10. Questions or Comments. If you have questions or comments about this Privacy Policy, your privacy rights, or our general privacy practices, please send us an email at privacy@domainactive.com. If you prefer, you may also contact us via physical mail at: Level 2, 100 Harris Street, Pyrmont | NSW 2009, Australia. If you have a disability which interferes with your ability to access this policy, we can make accommodations to present the policy in an alternative format to assist you. If you would like to receive this Privacy Policy in another format that is accessible to your needs (for example: audio, large print, etc.) please contact us.
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