Effective Date: January 2, 2023 (Last reviewed date: December 7, 2022)
If you are a California resident, please click here for specific information about our privacy practices under California law.
Information collected through the Services is controlled by Ember, which is headquartered in the United States. Ember’s mailing address is 4607 Lakeview Canyon Rd., #500, Westlake Village, CA 91361.
- The Information We Collect
- How We Use Your Information
- Legal Bases for Use of Your Information
- Cookies and Similar Technologies
- Online Analytics and Advertising
- How We Disclose Your Information
- Retention of Your Information
- Third-Party Links and Features
- Your Privacy Rights Regarding Your Information
- Children’s Privacy
- International Users
- How We Protect Your Information
- Employment Applications
- Contact Information
- THE INFORMATION WE COLLECT
We obtain a variety of information from and about you as you use the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with certain information, or ask us to delete it, you may no longer be able to access or use our Services. For example, if you are a customer but do not provide us with your billing information, we won’t be able to fulfill your orders.
Information You Provide to Us
Ember collects information directly from you through your use of our Services. For example, Ember collects information from you through:
- Your account registration and administering your account
- Processing and fulfilling your orders
- Your communications and dealings with us (including on our website and interactive chat function, mobile app, on third-party social media sites, and by mail or email)
- Your participation in Ember sweepstakes, contests, or research
- Your reviews, comments, and other posts to our Services
- Your employment applications submitted through our website
- Your requests for customer support and technical assistance
We will collect any information that you choose to provide to us. The information we collect generally includes your name, login information (password and email), contact information (address and phone number), and billing and payment information, as well as details about your orders and customer service interactions with us. If you apply for an employment position with us, we will collect your name, email address, cover letter, resume/CV, and LinkedIn profile information.
You may also submit, post, upload, or otherwise make available (collectively, “Post”) certain content through our Services. For example, you may Post reviews, ratings, pictures, and other content such as videos, questions, comments, ideas, designs, features, plans, and other feedback (collectively, “User Content”). User Content may be publicly viewable by other users. For example, if you post a rating or review, then that rating or review will be displayed along with your name and geographic location, if you choose to provide such information. Please review our Terms of Service for more information about our rights with regard to your User Content.
If you request that your Ember purchase be shipped to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.
Information We Collect Through Automated Means
Website. When you use our website, we collect and analyze information such as your IP address, browser characteristics, device IDs and characteristics, operating system, the state or country from which you accessed the Services, referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services and upload or post content, error logs, language preferences, and other similar information.
Mobile App. When you use our mobile app, we and our service providers automatically receive certain information about the mobile phone, tablet, or computer used to access the app, including a mobile device identifier, IP address, operating system, version, whether and when you update the app and your connected Ember products, date and time of use, duration of use, and how you use the app. We also collect data through the mobile app that is generated from use of the Ember product, such as product settings, preferred warm beverage types, temperatures, and consumption patterns including caffeine intake.
Location Information. When you use the Services, we and our service providers collect general location information from your computer or mobile device. “General” location information means information about the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location.
We will ask your permission before collecting your precise GPS location information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geo-location tracking on your device. For more information, see the “Your Privacy Rights Regarding Your Information” section below.
Information We Collect from Other Content Providers or Social Media Platforms
If you connect your Ember product to other content providers (e.g., Google Assistant or Apple Siri) or social media platforms (such as through a social media log-in feature), such providers allow us and our service providers to have access to and store additional information about your interaction with those providers as it relates to use of the Services (e.g., we will receive the information that you clicked the Google Assist/Siri button and the date and time of doing so, etc.). If you do not wish to have this information disclosed, do not initiate these connections.
When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.
Information We Collect from Others
We may also receive additional 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.
- HOW WE USE YOUR INFORMATION
We and our service providers use the information described above to accomplish the following business and operational purposes:
- Provide the Services
- Administer your account, including to process your registration and verify your information
- Provide, manage, and improve the Services, including fulfilling your orders
- Communicate with you and provide support
- Provide you with updates and information about your orders or purchases
- Respond to your requests for information and provide you with more effective and efficient customer service, including through our interactive chat functions
- Business Operations
- Conduct internal business operations in support of our Services, such as auditing, security, resolving crashes, preventing fraud, invoicing and accounting, sales and marketing, analytics, and research and development
- Review and process employment applications
- Marketing and content customization
- Contact you regarding Ember and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you
- Customize content, preferences, and advertising on the Services and other services
- Legal purposes
- Comply with the laws, regulations, and other legal process and procedures
- Establish, exercise, or defend our legal rights
- Take steps that we reasonably believe to be necessary to protect the safety, security, and rights of Ember, its employees, service providers, and others
We may also aggregate, de-identify, and/or anonymize any information collected through the Services in such a way that we cannot reasonably link information to you or your device. We may use such aggregate, de-identified, or anonymous information for any purpose, including without limitation for research and marketing purposes.
- LEGAL BASES FOR USE OF YOUR INFORMATION
Some countries require that companies only process your “Personal Data” (as that term is defined in such applicable laws) if they have a “legal basis” (or justifiable need) for processing your Personal Data. To the extent those laws apply, our legal bases for processing Personal Data are as follows:
- Where your Personal Data is necessary to perform our obligations pursuant to a contract (or pending contract) with you. For example, we will process your Personal Data to comply with our Terms of Service to enter into a contract with you, and to honor our commitments in any contracts that we have with you.
- Where your Personal Data is necessary for our legitimate interests or the legitimate interests of others. For example, we will process your Personal Data to operate our business and our Services; identify and fix any issues with our Services; provide security for our Services; learn more about how our customers use the Services; perform internal analytics and research concerning the Services; improve the Services and users’ experiences with the Services; test and create new Services; provide you with information about new products, special offers or other information that we think you may find interesting using the email address which you have provided; ensure safe environments for our employees; 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 use of your Personal Data is necessary for us to comply with our legal obligations. For example, we will process your Personal Data to comply with tax and employment laws.
- Where we have your consent. For example, where a country requires that we obtain your consent before we process certain data, we will seek your consent in accordance with those countries’ requirements.
- COOKIES AND SIMILAR TECHNOLOGIES
To collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, 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.
- A web server log is a file where website activity is stored.
- A cookie is a small text file that is placed on your computer or mobile device when you visit a website, and it enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.
- Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email that are designed to: (i) collect usage information like ad impressions or clicks and email open rates; (ii) measure popularity of the Services and associated advertising; and (iii) access user cookies.
As we adopt additional technologies, we may also gather information through other methods.
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 Explorer; Google Chrome; Mozilla 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.
- ONLINE ANALYTICS AND ADVERTISING
We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.
If you receive email from us, we may use certain analytics tools, such as tracking pixels, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
The Services may allow third-party advertising technologies (e.g., ad networks and ad servers such as Google Display Network, Criteo, and others) to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you to assist in the delivery of relevant advertising on the Services, as well as on other websites you visit and other services you use. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
We also sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile apps.
For additional ways to out of targeted advertising activities under applicable law, see the "Your Privacy Rights Regarding Your Information" section below.
Notice Concerning Do Not Track.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, which is why we describe a variety of opt-out mechanisms above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track. Please note that Do Not Track is a different privacy mechanism than the legally-required user “preference signal” referenced in the “Your Privacy Rights Regarding Your Information” section below, which is a browser-based control that indicates whether you would like to opt out of processing of your information for certain purposes, such as the “sale” of your information or the disclosure of your information for targeted advertising purposes, under applicable laws.
- HOW WE DISCLOSE YOUR INFORMATION
We and our service providers will disclose the information we collect from and about you for the following business and operational purposes:
- Service Providers. We provide access to or disclose your information to select third parties who perform services on our behalf, such as sales, marketing, product content and features, advertising, analytics, research, customer service, delivery, data storage, security, fraud prevention, payment processing and order fulfillment (e.g., Shopify), and legal services.
- Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, Ember will comply with such restrictions.
- Your Consent. If you have consented to our disclosure of your information, we will also disclose your information consistent with your consent.
From time to time, Ember may disclose aggregate or anonymous information about use of the Services, such as by publishing a report on usage trends. We may disclose such aggregate or anonymous information with any third party, including advertisers, promotional partners, and sponsors.
- RETENTION OF YOUR INFORMATION
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
- THIRD-PARTY LINKS AND FEATURES
- YOUR PRIVACY RIGHTS REGARDING YOUR INFORMATION
- General Rights
Depending on your jurisdiction, you may have the right to make certain requests regarding your “personal information” or “personal data” (as such terms are defined under applicable law, and collectively referred to herein as “personal information”). Specifically, you may have the right to ask us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
- Opt out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
You also may have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising” as described below in subsection c.
As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.
How to exercise your rights. If you reside in California, Colorado, Connecticut, Utah, or Virginia, you can exercise your rights by clicking here or emailing us at firstname.lastname@example.org. If you reside in the European Union, United Kingdom, or other global jurisdictions that provide these rights, please email us at email@example.com.
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.
- Opting Out of Marketing Emails
You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails. Please note that it may take us some time, consistent with our legal obligations, to process your request. Even if you opt out from receiving marketing messages from us, you will continue to receive administrative messages from us, such as order confirmations, updates to our policies and practices, or other communications regarding our relationship or transactions with you.
- Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes
As explained in the “Online Analytics and Advertising” section above, we provide personal information to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services, or use analytics partners to assist us in analyzing use of our services and our user/customer base. The disclose of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law, or, the processing/sharing of personal information for targeted advertising purposes.
If you are located in California, Colorado, Connecticut, Utah, or Virginia and would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered “sales” for those third parties' own commercial purposes, or “sharing” for purposes of targeted advertising, please click here. You can also submit a sale opt-out request to opt out of our offline disclosures of information that are subject to applicable opt out rights by emailing us at firstname.lastname@example.org. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.
- CHILDREN’S PRIVACY
The Services are intended for general audiences and not for children. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without parental consent, we will take reasonable steps to delete it as soon as possible. We also do not knowingly process Personal Data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
- INTERNATIONAL USERS
Please note that, in providing services to you, Ember may subcontract the processing of your data to, or otherwise disclose your data to, Ember affiliates and subsidiaries, trusted service providers, and trusted business partners in countries other than your country of residence, including the United States and Canada, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions, and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage, or use.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
- HOW WE PROTECT YOUR INFORMATION
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services and that any such transmission is at your own risk.
You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to provide your login credentials to anyone.
- EMPLOYMENT APPLICATIONS
- CONTACT INFORMATION
Ember Technologies, Inc.
Attn: Privacy Compliance
4607 Lakeview Canyon Rd., #500
Westlake Village, CA 91361