Privacy Policy

Last Updated: December 22, 2016    

This Privacy Policy describes the kinds of information collected by OhmConnect, Inc. (“OhmConnect”) through its website, and through its energy management products and services more fully described below  (the “Services”).  

1.     Description of the Services.
The Services are designed to coordinate energy reductions at specific times and to sell those aggregate reductions on energy markets.  For these purposes, the Services will monitor your energy consumption by, among other things, accessing and analyzing your electricity records on file with your utility company (“Utility Records”).  Information concerning your energy reduction is shared with energy market regulators and wholesalers (“Regulators”) to measure the amount of energy saved through OhmConnect’s coordination of energy reductions.  To facilitate timely energy reduction, you may authorize OhmConnect to remotely manage your home devices on your behalf (such as home appliances and thermostats) that are otherwise connected to the Internet through various enabling services (“Connected Devices”).  You may at any time elect to manage your devices directly or to override any actions taken by the Services.  These Connected Devices may be managed through services operated by third parties, such as the manufacturers of those devices (“Third Party Sites”), where you have opened an account and provided certain log-in credentials to the Connected Devices (the “Connected Device Credentials”).  

2.     What types of information do the Services collect?
In order to provide the benefits of the Services, OhmConnect collects two types of information through the Services: Personal Information and Other Information. "Personal Information" is information that identifies you specifically as an individual, such as your name and address. "Other Information" is information that does not reveal an individual's specific identity or does not directly relate to an identifiable individual, including information that has been anonymized or aggregated.   We collect Personal Information when you set up and use Services. We will ask you to provide Personal Information including, but not limited to, your email address.  To operate the Services, we shall also seek:  Login credentials to access your Utility Records, Energy consumption data and other account information from your Utility Records.  To better coordinate energy reductions in a timely manner, you may also provide: Login credentials to your Connected Devices for the Services to manage them on your behalf, Mobile phone numbers to receive SMS communication, Mobile authorization for application notifications   In connection with the Services, we also collect Other Information. For example, we automatically collect information from Connected Devices on a periodic basis, including their status (such as whether they are powered off or on, and details about any product cycle or function they are performing).  We may track and collect your usage of the Services, such as the date and time you accessed the Services, as well as the instructions that you or other users have transmitted through the Services.   When Other Information is combined with your Personal Information, we will treat this combined information as Personal Information as long as it is combined.  

3.     How may we use this information? We use Personal Information to provide and support the Services, for troubleshooting and maintenance, to communicate with you about your account, to improve our products and services, for research and development, to conduct surveys, and to send you marketing communications.   We will use your Personal Information to access Third Party Sites for the purpose delivering the Services.  For instance, login credentials for your Utility Records will be used to automatically enroll you in an information sharing arrangement between OhmConnect and your utility. Also, your Connected Device Credentials will be used to login to Third Party Sites to help manage Connected Devices for the purpose of delivering the Service.

4.     How may we share Personal Information or Other Information?   Unless we obtain your prior consent, we will not share Personal Information for any commercial purpose, such as sharing your data to third party marketers or others.   We may share Personal Information:
- With our third-party service providers to allow them to provide services to us (such as data analysis, surveys, data hosting, information technology, payment processing, customer support, warranty services, email delivery, and auditing).
- With Regulators to measure the amount of energy saved through OhmConnect’s management of your Connected Devices.
- To engage in research and development to improve our Services.
- To enforce our Terms of Use if we believe such disclosure is necessary to identify, contact, or bring legal action regarding injury or interference with the rights and property of OhmConnect or its affiliates; - To comply with laws, regulations, court orders and subpoenas or similar requests for information by authorities, or as required by law;
- In connection with a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). OhmConnect may use or share Other Information, such as for operational or research purposes, for industry analysis, to improve our products and services, to better tailor our products and services to your needs, and where legally required.  

5.     Deactivation or Deletion of your Account. You may deactivate or delete your account at any time through the Services. When you deactivate your account, the Services will no longer access your Utility Records or Connected Devices. However, certain historical data associated with your account, such as registration information or Utility Records, may not be deleted where such information is required by Regulators for audit purposes, or where information used in aggregate will enable OhmConnect to optimize Services for the electrical grid.  

6.     Cookies and Similar Technologies. Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other web traffic data. Our service providers and we use the information for security purposes, to facilitate online navigation, to display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. If you do not want information collected through the use of cookies when using the Services, there is a simple procedure in most browsers that allows you to automatically decline cookies or gives you the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site.   We use website and application analytics services provided by third parties that use cookies and other similar technologies to collect information about website and application use and to report trends, without identifying individual visitors. The third parties that provide us with these services may also collect information about your use of third-party websites. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. We may use pixel tags (also known as web beacons and clear GIFs) in connection with some Services to, among other things, track the actions of users of the Services (including e-mail recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates. Unless combined with personal information, this information does not personally identify you or any other user of the Services.  

7.     Links. 
This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any Third Party Sites or any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates, nor does it imply an affiliation with the third party.  

8.     Choices. 
We give you a number of choices regarding your information, including: (a)   Receiving notifications: You may choose to receive notifications about the Services, such as alerts about your energy savings.  You may select which notifications you would like to receive, or disable notifications, through the Services. (b)   Receiving marketing communications: If you have consented, OhmConnect may, from time to time, contact you with communications regarding our products or services. You may, at any time, inform us that you do not want OhmConnect to send you marketing communications, by sending your request to privacy@ohmconnect.com.   

9.     Security.  We are committed to maintaining the security of the data you provide us. We use reasonable organizational, technical and administrative measures to protect Personal Information that we maintain within our organization. We also seek to use third-party service providers capable of protecting the information they maintain or process for us. Unfortunately, no data transmission over the internet or storage system can be guaranteed to be 100% secure. You agree that you will not hold OhmConnect liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks. Your personal information will be stored on OhmConnect's servers located at our corporate headquarters in San Francisco and/or at other third party facilities with which we have contracted for specific services.  

10.  Access.  OhmConnect will allow individuals to access their Personal Information. Further, OhmConnect will allow users to correct, update, or delete information. Individuals who wish to make an access request or remove personal information from our records, or if you have any questions in regard to this policy or believe that OhmConnect has not complied with the provisions of this policy, should direct such a request to privacy@ohmconnect.com. Please note that we may need to retain certain information for recordkeeping or legal compliance purposes.  

11.  Cross-Border Transfers. The Services are controlled and operated from the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. When we transfer your personal information to other countries, we will protect it as described in this Privacy Policy.  

12.  Enforcement. OhmConnect uses a self-assessment approach to ensure compliance with this policy. This includes a periodic assessment to assure the policy is accurate and adhered to throughout the organization. If an individual has concerns, the contact information above can be used to raise those concerns and OhmConnect will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy. If a complaint or dispute cannot be resolved through our internal process, OhmConnect agrees to participate in the dispute resolution procedures using the Better Business Bureau as a third party resolution provider (http://www.bbb.org/us/european-dispute-resolution/consumer).  OhmConnect is also subject to the jurisdiction of the U.S. Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:   Federal Trade Commission Attn: Consumer Response Center 600 Pennsylvania Avenue NW Washington, DC 20580 consumerline@ftc.gov www.ftc.gov
Updates to this Privacy Statement

We may change this Privacy Policy. Please take a look at the "Last Updated" legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.