Last modified: April 2, 2013
1. Information We Collect
We collect information relating to you and your use of the System in order to provide services and features that are easy to use and responsive to your needs. We use the term "Information" to refer to any personally identifiable or anonymous information relating to you or your use of any portion of our System. We collect various categories of Information in connection with your use of the System and some of this information specifically identifies you or your household. The following sections describe more specific categories of Information.
1.1 Account Information
Account Information is information about your account, including your Contact Information and Service Information (both defined below) and other account related information that is necessary or useful for us to manage your account, your subscription to special features or services offered through the Services and privacy preferences. Account Information does not include any personally identifiable Usage Information. Account Information may be provided by you or a technology provider, service provider, third party website, or merchant involved in the development and/or provision of the functionality of the System.
Contact Information means information that allows someone to identify or contact you, including, for example: your name, address, telephone number and email address. Your ZIP Code, without more, is not considered Contact Information because the ZIP Code, by itself, does not identify you or permit someone to contact you.
Service Information means information necessary or useful to us in providing the System to you. Examples of Service Information include your home profile (including ZIP Code and home size), home system configuration (including appliances monitored by the System, schedule, state, mode, automation and settings), Devices in your home (including types, model numbers and software version numbers), and the level of Service. Certain of the Service Information is collected and transmitted to us whenever a Device is connected to the Cloud Server and by connecting your Devices to the Service you are agreeing to have this information transmitted to us. Such information is treated as described below.
1.2 Usage Information
Usage Information is information about your usage measured by sensors connected with the System, your overall household or appliance electrical usage, the interaction of your Devices, Location Information, User Experience, and your use of the System. We receive this type of information from your Devices and the User Experience as you use the System.
1.3 Device Utilization Information
Device Utilization Information is data that contains detailed information about the existence or operation of a Device in your home, such as UI / app software and memory management, and internal environmental monitoring such as abnormal changes in a component's temperature and operating level, or Location Information. Device Utilization Information records are collected whenever a Device is connected or discovered on the network by the System. Device Utilization Information is linked to your Account Information. Device Utilization Information does not include Usage Information.
1.4 Digital Video
Our Presence application includes a feature which allows you to use a smartphone or tablet as a video monitoring device. Videos, Audio, and Images are captured locally and automatically by your device when triggered by motion or audio detection events, sent over a secure channel to our server, and then immediately encrypted while being securely stored in our servers for future playback via streaming. Video, Audio, and Images may be archived even if they do not appear in your account interface. Each video has time and date information as well as unique identifier to link it to your account and device. Video and audio is stored in common video file formats such as MOV or MP4 but may change as needed for efficiency or to adapt to emerging standards. Images are typically stored in .jpg format. Unless you select a different permissions or sharing level, then by default all your content is privately stored encrypted on disk using AES-128 encryption, to prevent anyone but you or anyone you've given access to your account from accessing it.
2. How We Use Information
We may use Information to enhance the System, to provide you with customer service and to make a wider range of products and services available to you.
2.1 Account Information
We use your personally identifiable Account Information to establish and service your account with us, bill you for Services, offer you new services as available, assist you in the use of the System (including customer support) and other legitimate business purposes. Your Information in aggregate, anonymous form is used to better understand how consumers use our System, which Services they use and who is likely to be interested in receiving certain other services and for other legitimate business purposes. The Presence store is a collection of relevant merchandise that can enhance the capabilities of the service. We may collect information about which products or services you may be interested in when browsing our store, and may use your personally identifiable Account Information to offer you discounts or added information about products or services we believe you may find valuable.
2.2 Usage Information
We use personally identifiable Usage Information to enable us to provide you with feedback about your Devices and the way you use them, to help you set goals or budgets, compare you anonymously with others similar to you, compete you with others, and track your progress and to provide you customized content (such as tips and recommendations for other relevant products or services which you may find interesting). We may also use Usage Information for customer support, System restoration and our internal research and development.
If you use the video monitoring services, emails sent to you may have a link to your video in our servers. Unique links are created and included in emails communications to you about motion detection activity or other rules you create. Each request to view a video and aggregate data about the video (file requested, time of request, number of views, device requesting view) will be stored. This will allow us to provide information to you such as ranking and number of views in a given interval (day, week, and month).
2.3 Device Utilization Information
We use personally identifiable Device Utilization Information for technical troubleshooting, quality control, customer support and enhancement of the System.
2.4 Anonymous Information
We also "anonymize" Information by removing any identifier that can be associated with your personal Contact Information. Anonymous Information may be associated with or include other Account Information that does not allow us or anyone else to identify you. It allows us to understand usage of the System at a ZIP Code level. Anonymous Information helps us develop reports and analyses about how our customers use our System, Services and the Devices and for other research such as research regarding behavioral inferences. We also use anonymous Information to troubleshoot technical issues with our System. We also use anonymous Information to compile statistics and reports of usage of the System. To enable technical support, anonymous Information may be identified by an anonymous random number that is not connected to any of your personally identifiable Information. To further protect your privacy, anonymous Information does not include Contact Information or any other information that would identify any specific individual or household.
2.5 Finding Friends and Connecting to Other Services
Our Services include several features to help you find the accounts of people you already know. For example, you may upload information from your address book or connect your People Power account to your account on another service such as Twitter, Facebook, Vine and others. People Power will match the information you provide with the contact information of other People Power users. We do not retain your address book information after displaying these matches. When you connect your People Power account to other services, you are able to post your Content to those services as well from People Power, both automatically and manually. You may disconnect your People Power account from your account on the other services at any time. Disconnecting your People Power account will immediately revoke our authorization to cross-post on your behalf or otherwise access that account (other than information that was publicly posted on Presence by People Power, such as profile information or previously shared Content).
2.6 Content, Following, and other Public Information
Some of the Content and information you provide us can be made public if you choose to share and make it public. This includes not only the Content that you post and data provided with such Content, such as when it was posted, but also the accounts you follow, the Content that you like or comment on, and other public interactions on the Services. Your public information is broadly and instantly disseminated. For instance, your profile information excluding Contact information, and public Content may be immediately delivered to a wide range of users and other services that access Presence by People Power. When you share information or Content via the Services either automatically or manually, you should think carefully about what you are choosing to share publicly.
2.7 Location Information
In addition to profile information, you may also tell us your exact location (from GPS data for example) or relative location (from Bluetooth Low Energy devices in your proximity for example) if you choose to enable your devices to send us location information. While we do capture location information in your account to provide you features and services as we would Usage Information or Device Utilization Information, we do not make location information accessible outside your account to anyone you did not explicitly share that information with. Location information can be used, for example, to detect if you are Away and automatically turn on your motion detection cameras if your account is configured for that behavior.
3. Disclosure of Information to Third Parties
We will not disclose your personally identifiable Information to any third party for marketing or other purposes without your express permission. We disclose aggregated, anonymous Information, and analyses and reports derived from such information to third parties including utilities, our service providers, advertisers, merchants, and market research companies and other organizations.
3.1 Contractors and Third Party Service Providers
We may use independent contractors to assist with our operations. Such contractors may include programmers, consultants, billing and other agents, auditors, attorneys and accountants, potential purchasers of our business, collection agencies, and third parties who provide services necessary for us to provide the System or conduct legitimate business activities in connection with the System. Some of these contractors will have temporary access to our databases of Information. Their access to such information will be limited to specific tasks. We also use third parties to help with certain aspects of our operations, which may require disclosure of your Information to them. For example, we may use a third party to communicate with you (via telephone, email, or letter) about your account or upcoming features or services, to process and collect payment for your Services via your credit card, to generate demographic profiles based on Information of our customers, and to perform other work as part of or in relation to the System that we may need to outsource. We contractually bind these contractors and third parties to use your Information only as necessary to perform the services they are asked to perform and these contractors and third parties are responsible and liable if they misuse any Information.
3.2 Service Provider Partners
If the System is provided through your utility or service provider, we may share Information with your utility or service provider in accordance with your agreement with such utility or service provider.
3.3 Compliance with the Law: Protection of Our System and Services
Your privacy is very important to us and we have put in place technical, physical and administrative measures to protect the Information that we collect. No security system is perfect, however, and we cannot guarantee that your Information will not be disclosed to unintended third party recipients. Further, third parties may circumvent our security measures to unlawfully intercept or access your Information. Please also see Section 7 titled "Security of Information" for more information on security.
We may also be legally obligated to disclose Information to the government or third parties under certain circumstances such as a legal demand issued by a government entity, a subpoena issued in connection with a civil or criminal investigation or litigation or a court order. We may also determine that, the provisions above notwithstanding, it is necessary for us to disclose your Account Information and personally identifiable Usage Information to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act and any other relevant laws, to enforce our applicable End User License and Service Agreement or any other of our policies, to protect the integrity of our operations and to protect our customers or to prevent a crime.
3.4 Affiliated Companies
4. Your Choices Regarding Information
4.1 Initial Privacy Settings
In summary, your default privacy settings are:
Information Type - Default Privacy Preferences
Account Information - Required to Provide Service*
Personally identifiable Usage Information - Required to Provide Service*
Device Utilization Information - Required to Provide Service*
* As described immediately below, you may opt-out with respect to our providing you communications regarding upcoming promotions that may interest you. We will still use the information for the other purposes outlined in Sections 1 through 3 above, including without limitation sending you messages related to the System.
4.2 Privacy Settings
4.3 Changing your Privacy Settings: How to Opt-In or Opt-Out
You understand that our ability to gather and use Information may be necessary to provide certain personalized services, features and functions. If we cannot gather certain Information (such as personally identifiable Usage Information, certain Device Utilization Information, anonymous Usage Information and Commerce Information), we may not be able to provide such personalized services, features and functions.
4.4 Video storage and archiving
Recorded videos are stored for later playback and may exceed the amount of available space displayed in your account settings. It is not uncommon for a lengthy video to exceed the limits of a free account. Videos beyond an established limit may be stored in order to provide an opportunity for you to increase your account storage limit or retrieval by other methods in the future. Periodic account maintenance activities may include deleting archived videos or deleted videos. Deleted videos may take time to be completely purged from our servers.
5. Information from Children
6. Our Websites
You have the ability to decline cookies through your web browser. If you choose to decline cookies, however, you may not be able to use the features of the websites that depend on cookies.
The websites may contain tiny electronic images known as web beacons. We may use web beacons to assist us in delivering cookies on the Websites and to allow us to count users who have visited those pages. We may include web beacons in promotional email messages in order to determine whether messages have been opened and acted upon.
Communication Information is information relating to you or your use of the System derived from communications sent through the System or entered by you in forums hosted on the System. We cannot protect Communication Information shared in public forums; therefore, you should use care to only disclose that information you wish to share publicly.
7. Security of Information
Private Device Utilization Information, Usage Information, Service Information, and Contact Information is all encrypted, and in most cases authenticated during transmission. Streaming Information, such as video and audio streaming, is only generated during the period of time you are actively viewing your audio/video stream remotely and may not be encrypted. Cryptographic tokens are used throughout the system to prevent unauthorized access to user account information and audio/video streams. Highly sensitive Content such as captured videos, audio, and images are encrypted before being stored on disk allocated to your account. Ultimately, the best way to protect your security and privacy is to choose a strong password for both your user account and your WiFi network.
Presence by People Power may automatically or manually share Content of your choosing. When your Content is shared publicly, it is stored unencrypted and made available from a publicly accessible location such as a URL. We identify 3 levels of sharing:
Private: Your Content may be stored encrypted and is only accessible by You or other People Power users or groups that you have explicit assigned permissions to receive this Private content. We place extra importance on encrypting privately stored Video/Audio information and authenticating access to that information.
Unlisted: Your Content is stored unencrypted and assigned a publicly accessible URL which can be accessed by anyone who has access to the link.
Public: Your Content is stored unencrypted and assigned a publicly accessible URL which can be searched and accessed by anyone.
We may occasionally update this privacy statement. When we do, we will also revise the "last modified" date at the top of the privacy statement. We encourage you to review this privacy statement periodically to stay informed about how we are helping to protect the Information we collect. Your continued use of the System constitutes your agreement to this privacy statement and any updates. Please be aware that this privacy statement and any choices you make on the System do not necessarily apply to information you may have provided to us in the context of other of our separately operated products or services.
8.2 Technical Problems
8.3 Contact Us
U.S. - EU Safe Harbor Privacy Statement
For personal information that we receive from the European Economic Area, including Switzerland, the company has committed to handling such personal information in accordance with the Safe Harbor Principles. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website.
YOUR CALIFORNIA PRIVACY RIGHTS
Pursuant to California Civil Code Section 1798.83(a), if you downloaded or otherwise received, installed or use any portion of the System, you may request the following information, which will be provided to you via either a writing or email free of charge: (1) a list of the categories of personal information disclosed by us to third parties for the third parties' direct marketing purposes during the immediately preceding calendar year and (2) the names and addresses of all third parties that received personal information from us for the third parties' direct marketing purposes during the preceding calendar year and, if the nature of the third parties' business cannot reasonably be determined from the third parties' name, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties' business.
Requests for this information should be sent to firstname.lastname@example.org.