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Ember App Privacy Policy

 

Effective Date: Oct 16, 2018

 

Ember Technologies, Inc. (“Ember,” “we,” “us”) respects the privacy of our users. This Privacy Policy describes our practices concerning Personal Information collected in connection with your use of the Ember Mobile Application: “Ember – A few degrees better” or different name that may be updated from time to time for the same application (the “App”) on the mobile phone, tablet, or other device (“Device”) you use to connect and interact with an Ember product (“Ember Product”). This Privacy Policy applies to your use of the App. Please note that it does not apply to the Ember website or any other products or services Ember provides; you can find the link to our website privacy policy here: https://ember.com/website-privacy.

Personal Information collected through the App is controlled by Ember Technologies, Inc., which is headquartered in the United States. Ember’s address is 4607 Lakeview Canyon Rd., #500, Westlake Village, CA 91361.

“Personal Information” means any information that directly or indirectly identifies a natural person, including by reference to an identifier such as a name, an identification number, location data, or an online identifier.

Please read this Privacy Policy to understand how we may process your Personal Information via our App.

 

Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

 

1. The Information We Collect and How We Use It

Where you submit Personal Information via our App, we will process your Personal Information for the purposes listed below:

  • Downloading the App and creating an account: for you to register an account with us, we will collect the following information: your e-mail (to link an intelligent Ember Product with your account), your location, the date you registered with us, your product’s battery charge cycle and maximum charge time, and as you use your Ember Product through the App we will collect preferred warm beverage types, temperatures, and consumption patterns including caffeine intake.
  • Communications via our App: We receive any Personal Information you submit through the App, including the information listed immediately above and any information you provide through raising an enquiry or request with us. We provide updates to you pursuant to your notification preferences settings in your Device for the App, as well as notifications to update the App or software for your Ember Product.
  • Your Location: “Location Data” may also be collected with your permission based on the geo-location and WiFi information of the mobile device used to access the App. We use this information for internal reporting, to provide you with technical support and to verify your location. Please note that if you choose to enable location services in the App, you can disable this functionality through your mobile device settings.
  • Automated technologies and interactions: When you use our App, our webserver automatically collects technical data about your equipment, browsing actions and patterns. We collect this by using server logs and other similar technologies. Please see section on “Automatic Usage Data Collection” below, for further details.

The reasons for processing your Personal Information

We process your Personal Information with your consent, to perform or enter into contracts with you, in conformance with our legitimate business interests, and to comply with our legal obligations, including to:

  • Deliver the services connected to the Ember Products purchased by you;
  • Understand and help us fix any issues with the App, including providing you with technical support where we respond to your questions or respond to your request for support, maintenance, troubleshooting or other performance issues;
  • Learn more about how our customers use the App and linked Ember Products;
  • Improve the App and enhance users’ experiences with the App and Ember Products;
  • Test and create new products, features, and services and improve our existing products, features, and services;
  • Perform internal analytics and research concerning the App; and
  • To provide you with information about new products, special offers or other information which we think you may find interesting using the email address which you have provided, as described in the “Marketing” section below.

Pseudonymization. In some circumstances we may pseudonymize the information collected through the App and use it for business purposes, including but not limited to internal reporting or improving our products and services, in which case we may use such information without further notice to you.

2. Marketing

With your express permission or as otherwise permitted by law, we or our third party service providers may contact you by email to provide you with information about our products and services, special offers and promotions that may be of interest to you.

You may opt-out of receiving marketing communications at any time by contacting us at support@ember.com or by using the unsubscribe link in any of our email communications. Please allow us 20 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

We will continue to contact you for non-marketing related purposes where we need to issue a field corrective or safety notice, or to where we need to send certain information to you under a legal, regulatory, or ethical requirement.

 

3. Automatic Usage Data Collection

We or our service providers (including a crash and bug analytics provider like Crashlytics) automatically collect certain diagnostic and usage information from the App, Device, and Ember Product you use. We and our service providers use log files, software developer kits (“SDKs”), pixels, scripts, and other similar tracking mechanisms. We collect from your Device certain software and hardware attributes (including operating system version, device identifiers, and hardware model information) and your time zone. We receive information from the App, such as information about your App usage, such as the date, time, and duration of use, and information about the Ember Products to which you connect with the App. We also collect data through the App that is generated from use of the Ember Product, including settings and usage information. Our vendors also may collect and combine information collected on the App with other information about your online activities over time, on other devices, and on other websites or apps, if those websites and apps also use the same vendors.

 

How to Opt Out of Automatic Data Collection. You can stop the transmission by the App to us and our service providers of the diagnostic and usage data generated by the App, Device, and Ember Product by using the Privacy Policy & Settings menu within the App.

Third Party Platforms. If you choose to use the App to connect your Ember Product to a third-party platform (e.g., Google Assistant or Apple Siri), such platforms may allow us and our service providers to receive information about your interaction with those platforms in order to respond to your requests. For example, we will receive the information that you clicked the Google Assist/Siri button and the date and time of doing so. The processing of this information for these purposes is based on your consent from using the App with these platforms.

4. How We Disclose the Information We Collect

We do not disclose Personal Information about you, except as expressly described in this Privacy Policy. We do not rent or sell your Personal Information.

We share the information collected through the App in the following ways:

  • Third Party Service Providers and Vendors: We share the Personal Information we collect with our service providers and vendors so they can provide their services to us, including: to collect App usage information as described above and to engage in analysis, auditing, research, and reporting on our behalf; to send e-mails on our behalf; to assist us with direct marketing and data collection; and to provide us with analytics for our internal purposes.
  • Prospective seller or buyer: We may disclose your Personal Information to a prospective buyer or seller  in the event of a sale or purchase of Ember properties, affiliates, or subsidiaries so that the buyer can continue to provide you with the information and services
  • Legal and Similar Disclosures: We may process (including use, disclose, and store) information, including your Personal Information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; comply with the law; enforce our Terms and Conditions; or protect your, our, or others’ rights, property, or safety.
  • With your permission: We may also disclose your information with your permission.
  • Aggregated and Anonymized Information: From time to time, Ember may share aggregated and/or anonymized information about App usage, such as by publishing a report on trends in usage of the App.

5. Where We Process Information

If you are a resident in the European Union, the information that we collect through the App will be stored on servers, managed by our database service providers, located in either Germany, France, Ireland or the United Kingdom. We endeavor to store your Personal Information within the European Union but we may transfer your Personal Information outside the European Union to the United States to administer and provide you with technical support in connection with your App to ensure the continued performance of our contract with you.  

If you are located outside the European Union, the information we collect through the App will be stored on servers, managed by our service providers, in the United States.

6. Security

We are committed to ensuring your Personal Information is secure. Ember maintains appropriate organizational and technical measures to protect the confidentiality, integrity and availability of your Personal Information against unauthorized access or disclosure. However, no security program is risk-free, and thus we cannot guarantee the absolute security of your information. If Ember learns of a security breach, we will comply with all applicable laws to notify you about the breach so that you can take protective steps.

7. Third Party App Connections

If you are an iOS User, during the App registration process we will ask you to connect the App with your Apple Inc.’s (“Apple”) Health app on your device. This will allow you to share certain Personal Information, which we hold about you (such as beverage consumption and caffeine intake), with the Apple Health app to enhance the Personal Information processed in the Apple Health app. If you agree for this data to be shared it will be stored on Apple’s Health app database, “HealthKit”. Please note that we do not have access to any other Personal Information stored in the Apple Health App. You can switch off the access, or adjust which data is shared between Apple Health app and our App, within your device's Apple Health app permissions at any time.

8. How Long We Keep Information

We consider several factors to determine how long we keep Personal Information. We consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. Once we no longer have a business or legal need for your Personal Information, we will securely destroy it in accordance with our standards and applicable laws and regulations.

9. Your Rights

While we take various steps to ensure the accuracy and completeness of your Personal Information, we rely upon you to provide accurate and complete Personal Information when interacting with us.

If you are a resident in the European Economic Area (“EEA”), you may have the right to request: (i) access, (ii) rectification (iii) erasure, (iv) restriction of processing, (v) object to processing, and/or (vi) to receive, in a structured and commonly used machine-readable format, or have transmitted to another company their Personal Information. Any such requests should be submitted to privacy@ember.com.

If you are located in the EEA, you also have the right to lodge a complaint with a supervisory authority located in the EEA. However, if you have a complaint regarding the processing of your Personal Information, we kindly request that you first contact us directly as indicated in the Contact Us section of this Privacy Policy, and we will reply promptly.

10. Children’s Privacy

The App is not directed to children under the age of 16, and Ember does not knowingly collect any information from anyone under the age of 16. We recommend that persons over 16 but under 18 years of age ask their parents for permission before using the App or sending any information about themselves to anyone over the Internet.

11. Changes to Privacy Policy

Without prejudice to your rights under applicable law, we reserve the right to amend this policy at any time to reflect changes in the law, our data collection and use practices, the features of our App and products, or advances in technology. We will make the revised policy accessible through the App, so you should review the policy periodically. If we make a material change to this Privacy Policy, you will be provided with appropriate notice, and we will seek your consent to the updated policy in accordance with legal requirements. If you do not agree to the changes to this Privacy Policy, you should request deletion of your Personal Information by contacting us at privacy@ember.com.

  1. Contact Us

The Controller for the App is the organization listed below. If you have any questions or concerns about this Privacy Policy or about the information that we collect about you through the App, please send us an e-mail at privacy@ember.com or write to us at:

Ember Technologies, Inc.
Attn: Privacy Compliance
4607 Lakeview Canyon Rd., #500

Westlake Village California US 91361