Privacy

AFFINEGY PRIVACY POLICY

Affinegy is committed to protecting your privacy. Our goal is to provide you with a simple, satisfying and pleasing experience when using our apps, websites, products and services, while at the same time keeping your Personal Information, as defined below, secure. Our privacy practices are described below, as well as in separate notices given when an app, product or service is purchased or downloaded (our “Privacy Policy”). This Privacy Policy covers all Affinegy Products and Affinegy websites. By visiting Affinegy websites, using Affinegy Products or providing us with your Personal Information (as defined below), you are accepting and consenting to the practices, terms and conditions described in this Privacy Policy.

Affinegy wants to make our websites and Products easy for you to use. We are constantly improving Affinegy websites and Affinegy Products to make them more user-friendly.

For ease of reference, we will use the following terms in this Privacy Policy: “Affinegy”, “our”, “us” or “we” means Affinegy, Inc. “Affinegy websites” include all global Affinegy provided websites. “Affinegy Products” includes all Affinegy, CHARIOT and PAZ branded and co-branded apps, products and services.

If you are in the European Economic Area (“EEA”), the data controller for the purposes of European data protection law is Affinegy, Inc. at 1705 S. Capital of Texas Hwy., Austin, TX 78746, USA.

Types of Information Covered by This Privacy Policy

Affinegy may collect both Personal Information and Non-Personal Information. “Personal Information” means any information that can be used to identify you. Some examples of Personal Information include your name, address, email address and phone number. “Non-Personal Information” means information that on its own cannot be used to identify you. Some examples of Non-Personal Information include usage data relating to Affinegy websites and Affinegy Products, language preferences and Affinegy website page views.

Information may be aggregated and/or anonymized. When information is aggregated, it is combined with information about other customers and users. When information is anonymized, Personal Information is removed from collected data and the remaining portion of the data, containing only Non-Personal Information, is repurposed for internal or external use, such as, for example, to determine how many users of a particular managed gateway or device include an Internet-enabled television in a home network environment, or how many users viewed a particular website video or advertisement. Aggregated information that includes Personal Information is considered Personal Information until it has been anonymized. Anonymized information is considered Non-Personal Information. In general, usage data collected when you visit Affinegy websites or use Affinegy Products is both aggregated and anonymized so it does not identify you personally and is therefore Non-Personal Information.

The Affinegy websites and Affinegy Products are not directed to, nor does Affinegy knowingly collect Personal Information from children under the age of 13. If we are informed that we have collected the Personal Information of a child under the age of 13, we will delete that Personal Information from our systems. If you believe we might have inadvertently collected Personal Information from or about a child under the age of 13, please contact us at privacy@affinegy.com.

How We Collect Information

We may collect and process the following data about you:

Information you give us. If you fill in forms on Affinegy websites or correspond with us by phone, email or otherwise, you may be providing us with information about you, which may include Personal Information. This includes information you provide when you register on Affinegy websites, register or return an Affinegy Product, subscribe to any of our services, search for a product, place an order on Affinegy websites, participate in discussion forums or other social media functions on Affinegy websites, enter a competition, promotion or survey, participate in a training session or other event, download firmware, software and apps, or when you report a problem with Affinegy websites or Affinegy Products or otherwise request support. Personal Information you give us may include your name, address, email address, phone number and other contact information, financial and credit card information and any other information that can be used to personally identify you.

Information we collect about you. We may automatically collect information when you use Affinegy websites or Affinegy Products, including:

  • Technical information, including the Internet protocol (“IP”) address used to connect your computer or other device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform and language preferences. This information is all normally provided by your web browser, and we do not specifically request it.
  • Information about your visit to Affinegy websites, including the full Uniform Resource Locators (“URL”) clickstream to, through and from Affinegy websites (including date and time); products you viewed or searched for; page response times; download errors; length of visits to certain pages; videos watched; page interaction information (such as scrolling, clicks, and mouse-overs); and methods used to browse away from the page.
  • Any phone number or email address used to contact customer support.
  • Usage data about how and when you use Affinegy Products, other devices that are connected to Affinegy Products and what features of Affinegy Products you use.
  • Technical information and data gathered when your Affinegy Products are connected to the Internet, such as how many and which devices are connected to your home network, when you use the devices and the amount of network traffic generated. We also collect environmental data when you use certain Affinegy Products, such as utility settings, temperature and light readings in the home, motion detection and alarm events.
  • If you consent, certain apps may collect information about your location. If you do not want this information collected, do not consent, or consult your device manual for instructions on how to change location settings.

Information we receive from other sources. We work closely with third parties who provide services to us, or who use Affinegy Products to deliver their Products and Services to you (including, for example, business partners, Internet service providers, resellers, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and we may receive information about you from them.

How We Use Information

We may use the information we collect for a number of purposes. These purposes will be consistent with the reason you provided the information to us or for a directly related purpose. The uses we make of such information include the following:

  • To set up an account for you on Affinegy websites or Affinegy Products.
  • To facilitate your purchase and/or download of Affinegy Products.
  • To authenticate use of your account or purchases and/or use of an Affinegy Product.
  • To register your Affinegy Product in our product database.
  • To carry out our obligations arising from any contracts entered into between you and us or between you and an Affinegy business partner and to provide you with the information, products and services that you request from us.
  • For Affinegy and our licensed business partners to assist you with customer support.
  • To communicate about and administer participation in customer promotions and surveys.
  • To provide the Affinegy Products you request.
  • To provide you with information about the Affinegy Products you use, such as new features, bug fixes, service downtimes or upgrades.
  • To help us develop new Affinegy Products and improve current Affinegy Products.
  • To notify you about changes to Affinegy websites and Affinegy Products and changes to our terms, conditions and policies.
  • To administer Affinegy websites and Affinegy Products for internal operational purposes, including troubleshooting, data and statistical analysis, testing, research and survey purposes.
  • To improve Affinegy websites and Affinegy Products and to ensure that content is presented in the most effective manner for you and for your computer or device.
  • To ensure the security of Affinegy websites and Affinegy Products.
  • To monitor and regulate interactive features of Affinegy websites and Affinegy Products that you may choose to participate in, including online forums and chat rooms relating to Affinegy Products.
  • To help you navigate Affinegy websites.
  • To help you access and use certain features of Affinegy Products remotely and to help you monitor and safeguard your home and home network.
  • To provide you with information and recommendations about Internet and utility usage in your home.
  • To determine which aspects of Affinegy websites and Affinegy Products are most useful to you and other users of Affinegy websites and Affinegy Products.

Sharing Information

Under no circumstances do we rent or sell your Personal Information to third parties for marketing purposes. We only share your Personal Information with third parties for marketing purposes if you have granted us permission to do so. We will ask for your consent, such as by email response, opt-in box or click through agreement acceptance, before we use or share your Personal Information for any purpose other than the reason you provided it or as otherwise provided by this Privacy Policy. We may share Personal Information in the following ways:

  • Within Affinegy for the purposes disclosed in this Privacy Policy.
  • With business partners, service vendors, authorized third-party agents or contractors to provide a requested service or transaction, including using Affinegy Products to deliver services you have requested from them, processing orders, hosting websites, storing your information, providing email communications on our behalf and providing customer support. We only provide these third parties with the minimum amount of Personal Information necessary to complete or provide the requested service or transaction, and we do not allow third parties to use your Personal Information for a different purpose than what was disclosed to you.
  • With service providers, advisors or other third parties to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition or sale of all or a portion of our assets. If Affinegy merges with or acquires or is acquired by another entity, Personal Information would be transferred as a whole to the successor entity.
  • To comply with the law or legal process (such as responding to subpoenas or court orders), to comply with government reporting obligations and to exercise our legal rights or defend against legal claims.
  • To protect our legal rights or those of others, such as protecting the Affinegy brand or investigating violations of Affinegy terms of use, violations of law, intellectual property infringement, misuse of Affinegy websites, fraud or potential threats to personal safety.

In addition, we may share aggregated and anonymized Non-Personal Information, including usage data about Affinegy Products, with third parties for a variety of purposes, including to analyze trends about home networking and utility use, to show third parties how their products could work with Affinegy Products and to generally improve home networking. We’ve taken steps to ensure that this information cannot be linked back to you and we require third parties to keep all shared information in its anonymized form.

For certain Affinegy products, Affinegy may provide the opportunity for you to connect and interface Affinegy Products with one or more third party products and services, which will involve the exchange of information from your Affinegy Product with the third party product or service. Your explicit consent and authorization will be required at the time of connection to the third party product or service, and will be revocable by you at any time. In some cases, if you purchase, use or download a third party product or service that connects to an Affinegy Product, you may also be subject to such third party’s privacy policy. Affinegy is not responsible for the privacy practices of third party partners. If you access an Affinegy Product through a third party product in this manner, you consent and agree to the privacy policy of such third party. We encourage you to carefully read the privacy policies and terms of use of any third party products that connect to Affinegy Products.

Any third parties with whom we share your Personal Information are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. We will take all reasonable steps to make sure these third parties comply with the same privacy principles that govern our collection of your personal information.

Marketing

You have the right to ask us not to process your Personal Information for marketing purposes. We will inform you (before collecting your Personal Information) if we intend to use your Personal Information for marketing purposes, or if we intend to disclose your Personal Information to any third party for marketing purposes.

We will always give you choices about your Personal Information. Some choices are presented up front in the form of Opt-in notices or acceptance boxes for marketing to you or sharing your Personal Information with third parties. In certain cases where permitted by law, we also may give you the choice to Opt-out. “Opt-out” means you have already chosen to Opt-in, but you later change your mind. One form of Opt-out is clicking the Unsubscribe link in a marketing email. This will take you off of our marketing email list. Affinegy’s general policy is to have users Opt-in, rather than Opt-out, to receive marketing information and to allow the sharing of information with third parties. Please note that these Opt-in/Opt-out choices do not apply to the receipt of mandatory website, service or software communications, such as update or downtime information, or receipt of order or shipping confirmations on Affinegy website stores, which you may receive periodically unless you cancel your service or order or terminate use of software in accordance with the applicable terms of use or license agreement.

If you do not wish to receive direct marketing material from us or a third party, in addition to following the “Unsubscribe” instructions in a marketing email, you can send us an email request at privacy@affinegy.com.

New Affinegy Products

When you purchase and/or download new Affinegy Products, we will only use your Personal Information for the purposes set out (i) in this Privacy Policy and (ii) in any notification provided to you at the time of purchase or download.

Where We Store Your Information

The data that we collect from you may be transferred to, and stored at, various locations globally, including the United States. It may also be processed by Affinegy staff or contractors operating outside your country of residence (including, if you are in Europe, outside of the EEA, or, if you are in Australia or New Zealand (ANZ), outside of ANZ) who work for us or for one of our business partners. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services or Internet services. We also use cloud-based applications and services to store and process your Personal Information, which may result in your Personal Information being stored outside your country of residence (or the EEA or ANZ).

We will take such steps as are reasonable to make sure we and our service providers do not breach the privacy principles that govern our collection of your personal information. By providing your Personal Information to us, you fully understand and consent to the transfer, processing and storage of Personal Information outside of your country of residence where data protection standards may be different, and you consent to disclosure and use of your Personal Information to overseas service providers who may not fully comply with the particular laws of your country. Our Privacy Policy and our practices are designed to provide a globally consistent level of protection for Personal Information all over the world. This means that even in countries whose laws provide for less protection for your information, Affinegy will still handle your information in the manner described in this Privacy Policy and in conformity with all applicable laws.

PRIVACY COMPLAINTS, CONSENT MODIFICATIONS, AND CONCERNS.

If you have a complaint about privacy matters, questions, or concerns regarding this Privacy Policy, or if you wish to modify or revoke your consent to Affinegy’s information collection practices under COPPA but are unable to do so through the Affinegy Products or websites directly, please contact Affinegy at:

Affinegy Inc.
Attn: Privacy
1705 S Capital of Texas Hwy, Ste 500
Austin, TX 78746
privacy@affinegy.com

Note that, if you choose to no longer receive marketing information from us, we may still communicate with you about other matters, such as product and service updates for Affinegy Products you have purchased and customer support matters.

Retention of Personal Information

We will only retain your Personal Information to fulfill the purposes for which it was collected or as required for legitimate business purposes as described in this Privacy Policy or otherwise as permitted by law.

Affinegy may use web tools for the following purposes:

  • To identify the user’s country and language and distinguish you from other users of Affinegy websites.
  • To save your registration information for future use on Affinegy websites and services.
  • To allow customer surveys to appear or not appear to customers.
  • To optimize your browsing experience by preloading certain features of Affinegy websites and services on future visits to make loading times faster and more efficient.
  • To understand how you use and interact with Affinegy websites and services.
  • To customize and provide you with a more personal experience when visiting Affinegy websites or our advertising partners’ websites or when using Affinegy Products.
  • To improve Affinegy websites and services.
  • To count visitors to Affinegy websites and Affinegy Products and analyze website traffic, such as how many visitors have come to the Affinegy websites from advertisements on advertising partner websites.

You have the following choices regarding Affinegy’s use of web tools:

  • You may refuse to accept cookies by activating the appropriate setting on your browser or mobile device. However, many features of Affinegy websites and Affinegy Products may not work as intended if you disable cookies, and areas that require registration or authentication and Affinegy website store transactions will not be accessible.

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website, www.allaboutdnt.org, for more information on this developing area.

Security

We strive to maintain reasonable administrative, technical and physical safeguards designed to protect the information collected by Affinegy websites and Affinegy Products. Unfortunately, the transmission of information via the Internet is not 100% secure. Although we will do our best to protect your Personal Information, we cannot guarantee its security; any transmission is at your own risk.

It is important to note that if you use a computer or device that can be accessed by others, other people may be able to access unencrypted Personal Information. If you do not want your information to be available to others, exercise caution when using public computers or devices or when using any computer or device to which users unauthorized by you may have access.

We recommend that you take every precaution in protecting your Personal Information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser. You should also be aware that names that you give your Wi-Fi-enabled devices, home networks and services (also known as “friendly names”) may be detectable by others outside your home, so you should not use Personal Information as part of your friendly names.

Updates and Upgrades

Affinegy Products may be updated or upgraded from time to time to provide additional features, address technical issues, and generally make your user experience better. Some Affinegy Products include an auto-update feature, which gives us the ability to make updates automatically. You can change auto-update options by changing your settings within the Affinegy Product account information. In very limited cases, updates may still be automatically applied, regardless of the auto-update setting. For example, we may provide an automatic update that prevents or fixes a security vulnerability or breach to your network.

Third Party and Social Media Linked Sites

Affinegy websites and online services may contain links to websites or online services operated by third parties. Affinegy Products may also use or offer products and services from third parties, such as a third party app that works with an Affinegy Product. Once you leave Affinegy websites and Affinegy Products, your activities are governed by the terms of use and privacy policies of the third party websites and online services. Affinegy is not responsible for the privacy practices or the content of these websites and online services, and we encourage you to carefully read the terms of use and privacy policies of any website and online service you visit.

Affinegy websites and Affinegy Products may contain social media features, such as Facebook “Like” buttons. These features may collect information about your device’s IP address, set cookies to facilitate interaction with social media features or link you to a social media website where you may post Personal Information. All interactions with social media features are governed by the privacy policy of the social media company providing the feature.

Forums/Chat Rooms

If you participate in or post information to a discussion forum or chat room on any Affinegy website or Affinegy Product, you should be aware that the information you provide there will be made broadly available to others, and can be read, collected, forwarded or used by other users of these forums, potentially inside or outside Affinegy, who have access to that forum. This information could also be used to send you unsolicited messages. Please recognize that individual forums may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Affinegy. We are not responsible for Personal Information or any other information you may choose to submit in these forums, or the consequences of any submission. If at any time you would like to remove a posting, please email us at privacy@affinegy.com. Keep in mind that removal of a posting from a forum or chat room does not mean that the posting will be deleted from our systems, or that it has been completely removed from the Internet.

Updates to this Privacy Policy

We may update this Privacy Policy from time to time, so please review it frequently. If we change our Privacy Policy, we will post the revised version here, with an updated revision date. If we make material changes to our Privacy Policy, we will notify you by email or prominently post a notice on this website.

How to Contact Us

Should you have any privacy-related questions or comments related to this Privacy Policy, please contact us at privacy@affinegy.com.

If you have complaints or concerns about this Privacy Policy, please contact us at the above email. We treat all complaints about a breach of the privacy laws seriously. Someone from Affinegy will investigate your complaint and respond to you within a reasonable time.

Updated December 1, 2017