Effective: May 25, 2018

To view previous version, please click here.

This Privacy Policy describes the practices of Electric Imp, Inc. (“Electric Imp”, “we”, “us” or “our”) regarding the collection, use, and disclosure of information that our customers and our customers’ end users (collectively “Customers,” “you,” or “your”) share with us by visiting our website at www.electricimp.com (the “Site”) or by registering for and using our products, applications, and services (the “Service“). You may be a third-party developer or manufacturer of a device that is enabled for and connected to our Service (“Customer Device”) or an end user of such Customer Device. This Privacy Policy also explains our data practices regarding information that we collect in connection with job applications submitted to us through the Site.

By visiting the Site or using the Service, you consent to the collection, transfer, processing, disclosure, and other uses of your information described in this Privacy Policy.

INFORMATION WE COLLECT

Information You Provide to Us

We collect a variety of information that you provide directly to us.  For example, we collect information from you through:

  • Requests or questions you submit to us via forms or email
  • Making a purchase or requesting a refund for hardware product purchased directly from us (not from a third-party supplier)
  • Account registration and administration of your account and subscription
  • Submitting an employment application
  • Subscribing to our mailing lists
  • The Services that you use
  • Your participation in sweepstakes, contests, or research
  • Any reviews that you submit about the Services
  • Uploads or posts to the Services
  • Requests for customer support and technical assistance

The specific types of information we collect will depend upon the Service you use, how you use it, and the information you choose to provide. The types of data we collect directly from you may include:

  • Name, address, telephone number and email address
  • Log-in credentials, if you create an account
  • Information about purchases or other transactions with us
  • Information about your customer service and technical support interactions with us
  • Any other information you choose to provide to us in connection with your use of the Service.
Automatically-Collected Information

If you are subscribed to and use our Service through a Customer Device, our Service will automatically collect other information that relates to your use of the Service through such device.  Collection of this information helps us analyse your use of the Service, improve our Service, customize content and user preferences, and assist you with technical issues. The information that we and/or our third-party service provider(s) automatically collect in these ways includes the following:

  • Device Data:

      As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Service and record it in log files. This log data may include your Internet Protocol (IP) address, device type and settings, hardware MAC address, device ID number, the address of the web page visited before using the Service, error logs, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, and language preferences.

  • Location Data:

     We receive information from you that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. We may also collect location information from devices in accordance with the consent process provided by your device.

  • Cookies:

     In operating the Service or providing the Site, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences.

Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet ExplorerGoogle ChromeMozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.  For more information on the cookies we use and the purposes for which we use them, please refer to our Cookies Policy (see electricimp.com/cookies).

Information We Collect from Others

We may receive other information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you with our brand and improve our products, analytics, and advertising.

OUR USE OF INFORMATION

Electric Imp uses the information we collect in accordance with this privacy policy and for specific reasons otherwise communicated to you.  Such uses include:

To Provide The Service To Customers And Respond To Requests.  We use your information to provide the Service and respond to requests. We use account-related data provided by Customers to us in connection with the purchase, sign-up, use or support of Customer account (notably, usernames, email address and billing information) to provide you with access to the Service and/or the Site, contact you regarding your use of the Service and/or the Site or to notify you of important changes to the Service and/or the Site. We also use your information to provide you with access to the Service and to monitor your use of the Service in the event you request technical support, or if we suspect that your use of the Service or the Site violates our Terms of Service (https://electricimp.com/terms/). Such use is necessary for us to provide our Service to you and for the performance of the contract between you and us.

When you ask for information about the Service (for example, when you ask us to send you offers or price information), we will use your contact information to respond to your requests.

We process end use information on behalf of Customers for the purpose of providing the Service to Customers in accordance with the applicable Customer contract.

For Marketing Purposes. Electric Imp also uses your information to contact you in the future to tell you about our products or services we believe may be of interest to you (“Marketing Messages”), in accordance with applicable legal requirements.  Each Marketing Message will contain instructions for “opting out” of receiving future Marketing Messages from us.

To Analyze, Administer, Support, Improve Use Of The Site And The Service. We use the information we collect to analyze, administer, support and improve your access to and use of our Service and Site, better understand your needs and interests and personalize your experience (such as by saving your preferences and providing personalized content to you). We may also use your information to prepare anonymized, aggregate statistics or reports about the overall use of our Service or usage data, and may share such reports or statistic publicly or with interested third parties to help them understand, or to help us improve, the Service.  Data that has been anonymized or aggregated in this way can be used for any purpose without restriction.

To Process Applications For A Job. When you apply for employment through the Site we will use your contact details and data about your employment history and education to conduct job interviews, evaluate your application, and as is otherwise needed for recruitment. This use is necessary to respond to your request to process your application for employment.

To Perform Services For Our Customers.  Our use of information on behalf of Customers is governed by our contract with that Customer and the Customer’s own privacy policies. We are not responsible for Customers’ privacy policies or privacy practices. Please consult the privacy notices that Customers provided to you to understand Customers’ data processing practices.

OUR DISCLOSURE AND SHARING OF INFORMATION

We share information for the purposes referenced below:

Related Companies:

 We may share your information with our subsidiaries and affiliates (“Related Companies”) consistent with this Privacy Policy. Our Related Companies may also send you Marketing Messages and other communications consistent with this Privacy Policy.

Service Providers:

 We use third-party service providers to assist us in delivering the Service:  these service providers include providers of hosting services, email marketing platforms, payment processors, security/fraud prevention companies, and companies that assist in processing job applications submitted through the Site. These service providers may have access to your information for the limited purpose of providing the services we have contracted with them to provide.

Law Enforcement:

 Electric Imp may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Electric Imp, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the Site or the general public, (iv) to address fraud, security or technical issues; or (v) defend against legal liability.

In Connection With a Sale, Merger or Change of Control:

 In the event that Electric Imp undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, you agree that Electric Imp may transfer your information to the successor organization in such transition so that the Service can continue to operate. In the event of such transfer, your information would remain subject to the commitments contained in this Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party upon notice to you.

YOUR CHOICES

You can visit the Site without providing any information that can directly identify you by name. In addition, if you are an end user and do not want to provide certain information to Electric Imp, you should not disclose it to the Customer Device manufacturer. If you choose not to provide certain information, you may not be able to use certain features of the Service or parts of the Site. To keep your information accurate, current, and complete, please contact us as specified at the end of this Privacy Policy. We will take reasonable steps to update or correct information in our possession that you have previously submitted via the Service or Site.

CHILDREN

Our Service is not directed to persons under the age of 16. Electric Imp does not knowingly collect or solicit information from anyone under the age of 16 or knowingly allow such persons to register for the Service. If you are under the age of 16, please do not use the Service or the Site.

LINKS TO OTHER WEB SITES

This Privacy Policy applies only to the Service and the Site. The Service or Site may contain links to other web sites not operated or controlled by Electric Imp (the “Third-party Sites”). The policies and procedures we describe here do not apply to the Third-party Sites. The links from the Service and the Site do not imply that Electric Imp endorses or has reviewed the Third-party Sites. We suggest contacting those sites directly for information on their privacy policies.

SECURITY

Electric Imp takes a variety of steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.

While we take these efforts to protect the information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any information once it passes through the Service or Site is maintained at adequate levels of protection to meet specific needs or obligations you may have relating to that information.

DATA RETENTION

Unless otherwise specified in a customer agreement or other written instructions provided by you, we will keep your information for as long as is reasonably necessary for the purposes outlined in this Privacy Policy, or for the duration required by law, whichever is the longer.

EU DATA SUBJECTS**

**This section applies solely if you are an individual located in the European Union or any jurisdiction in which the General Data Protection Regulation (“GDPR”) (or a law or regulation implementing the General Data Protection Regulation 2016/679) (“EU Data Subject”.)

Data Controller

Electric Imp is the data controller for processing of Personal Data (as defined in the GDPR) of our Customers and job applicants. We act as a data processor on behalf of Customers when we process any end users’ Personal Data for the purpose of providing the Service to Customers in accordance with the applicable Customer contract.

Your Rights

For Personal Data that we process as a data controller, you may have the following rights in relation to your Personal Data, depending on applicable law:

Right of access:

If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data (along with certain other details).

Right to rectification:

If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it.

Right to erasure:

You may ask us to delete or remove your Personal Data in some circumstances

Right to restrict processing:

You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it (but not continuing to store it). We will tell you before we lift any restriction on processing.

Right to data portability:

You may have the right to obtain the Personal Data we process about you in a structured, commonly used and machine-readable format, and to reuse it elsewhere.

Right to object:

You may ask us at any time to stop processing your Personal Data, and we will do so, if we are:

  • relying on legitimate interests to process your Personal Data and we can’t otherwise demonstrate compelling legal grounds for the processing; or
  • processing your Personal Data for direct marketing.
Right to withdraw consent:

If we rely on your consent as our legal basis for processing your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.

Right to lodge a complaint with the data protection authority:

If you have a concern about any aspect of our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

You may exercise your rights by contacting us as follows: support@electricimp.com

Legal Bases

The legal bases for using your information as set out in this Privacy Policy are as follows:

  • Where use of your information is necessary to comply with a legal obligation under EU Member State law (e.g., to provide information to EU tax authorities about revenue and purchases originating in the EU)
  • Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide our Service to you); or
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our websites, products, software, or applications; operate our business and our Services; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Services).
  • Where we have your consent to engage in a particular processing activity.

OTHER TERMS AND CONDITIONS

Your access to and use of the Service, Site and Electric Imp Hardware is subject to our Terms of Service at http://electricimp.terms-of-service/.

CHANGES TO PRIVACY POLICY

Electric Imp may make changes to this Policy from time to time. Any changes we make to our privacy Policy in the future will be posted on this page and, where appropriate or required by the applicable law, notified to you by e-mail. When amendments are made, we will revise the “last updated” date at the top of this Policy. Please also feel free to contact us if you have any questions about Electric Imp’s Privacy Policy at support@electricimp.com.