BY ACCESSING AND USING CS OR SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE CONNECTED SAVINGS SERVICES.
Earth Networks-Connected Savings (hereinafter “EN” or “we”) operates the world’s largest proprietary weather observation network. Enterprises such as utilities, consumers and government agencies use our real-time, dense set of weather data and products to make informed decisions that are associated with the weather. For instance, weather is a large factor in determining electrical load. Earth Networks is now using this same data set combined with advanced algorithms to provide insight into and improve the control of heating and cooling of structures via our Connected Savings (CS) service. CS is a new service currently being offered in a series of home and commercial energy programs. If offered, these programs use data from your thermostat and from WeatherBug-Earth Networks’ real-time, local weather sensor network to optimize your thermostat settings based on the weather for energy efficiency and grid stability.
There are multiple services (hereinafter “Services”) that may be provided within the CS program: 1 – CS Connect which allows consumers to pair their connected thermostats with our service to get personalized insights that show how hard your home’s HVAC system is working to keep you comfortable given the weather, and/or link your utility accounts with our service so you can get analysis of total home energy use against the weather; 2 – An energy efficiency solution that optimizes your energy use via your connected thermostat to minimize the energy used to heat and cool your house, helping save you money (“Energy Efficiency Optimization”) while maintaining comfort; 3 – An optional energy efficiency analysis service that provides home energy ScoreCards to consumers with information on their energy use, next month’s bill forecast, suggestions on thermostat schedules and more; and 4 – An emergency service that electric utilities use to smooth the load on the grid to reduce the chance of interruption to electric service, thereby improving grid stability (“Grid Stability”).Earth Networks is collaborating with utilities and connected thermostat providers to bring both CS services above to market. 5 – Communicating Devices (as defined below) which allow consumers to see appliance usage from participating manufacturers and allows the utility to control these devices during Grid Stability events (“Demand Optimization Events”). EN may get paid by the utility or consumer to provide these services.
- We Collect and Use Certain Information We collect information relating to you and your use of CS in order to provide services and features that are easy to use and responsive to your needs. We use the term “Consumer 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 Consumer Information in connection with your use of CS and some of this information specifically identifies you or your household. The following sections describe more specific categories of Consumer Information.
2.1 Account Information Account Information is information about you and your CS 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 your utility or a technology provider, service provider, third party website, or merchant involved for the development and/or provision of the functionality of CS. Contact Information means information that allows someone to identify or contact you, including, for example: your name, address, telephone number and email address. When you register with EN, you provide us with Contact Information. We may also collect other information about you, including anonymous demographic information that is not unique to you, such as your ZIP code, account settings, and preferences. Service Information means information necessary or useful to us in providing CS to you. Examples of Service Information include your home profile (including ZIP Code and home size), home system configuration (including appliances monitored by CS, schedule, mode, automation and thermostat settings), Communicating Devices in your home (including types, model numbers and software version numbers), and the level of Service. Certain Service Information is collected and transmitted to us whenever a Communicating Device is connected to CS. In the event that you contact us for customer support, we may also request that you provide additional Contact Information or Service Information relevant to the support requested by you. You are under no obligation to provide such information. However, we cannot guarantee that we can provide customer support in the event that relevant information related to the use of CS is not provided. We may retain communications relating to customer support, and information drawn from such communications, for statistical and reference purposes.
2.2 Usage Information Usage Information may include smart meter data including information about your electrical usage relating to electrical loads monitored by CS, your overall household electrical usage, your electric rates, heating and cooling information and other information about the use and performance of your Communicating Devices, the interaction of your Communicating Devices and the Portals and your use of CS. We may receive this type of information as you use CS. Usage Information may also include information about your transactions with us, your utility, and with some of our business partners. We may also combine this information with Account Information or other information that you have provided to us and with other information that is publicly available or that we receive from other reputable sources in order to make CS, our Services, and our communications with you more effectively targeted to your interests. We keep track of the websites and pages you visit within the Portals and CS and the actions you perform in the Mobile Apps, in order to determine the ease of use and effectiveness of our marketing and sign-up process and what Services are the most popular. We may use this Usage Information to deliver customized content and advertising to customers whose behavior indicates that they are interested in a particular subject area.
2.3 Communicating Device Utilization Information Communicating Device Utilization Information is data that contains detailed information about the operation of a Communicating Device in your home, such as a connected thermostat, communicating appliance or internal environmental monitoring such as abnormal changes in a component’s temperature and operating level. Communicating Device Utilization Information records are collected whenever a Communicating Device is connected to CS. Communicating Device Utilization Information is linked to your Account Information. Communicating Device Utilization Information does not include Usage Information.
2.4 Survey Information Survey Information is information relating your experiences and satisfaction with CS and suggestions relating to CS provided by you through one of the Survey Sites or by other means, which indicate that such information may be shared publicly unless otherwise provided in System program agreement applicable to you.
2.5 Payment Information EN does not collect, process or store payment information such as credit card numbers, expiration dates, banking information or similar kinds of transactional information.
- How We Use Consumer Information We use Consumer Information for a wide variety of purposes, including enhancing CS, to provide you with customer service and to make a wider range of products and services available to you. We also use your Consumer Information in aggregate, anonymous form to better understand how consumers use our Services, which Services they use, and who is likely to be interested in receiving certain other services, and for various other business purposes.
3.1 Account Information We use your personally identifiable CS Account Information to establish and service your account with us, offer you new services as available, assist you in the use of CS (including customer support).
3.2 Usage Information We use personally identifiable Usage Information to optimize your heating and cooling by determining your house location and your comfort settings (temperature settings per day-part and season where you are comfortable) to keep you comfortable and optimize with the local weather conditions. We may use personally identifiable information in the form of your email address to communicate administrative, program results, and home efficiency scorecard information to you. If you are an eligible participant in the CS Grid Stability program, we use your address and other information to communicate your participation with your utility, and may, depending on your location and the program, acquire access to your smart meter data as necessary. Usage Information that we may share with third parties (other than your utility) will be aggregated data only and will not contain any information that personally identifies use.
3.3 Communicating Device Utilization Information We use personally identifiable Communicating Device Utilization Information for technical troubleshooting, quality control, customer support, enhancement of CS, and research and development activities.
3.4 Anonymous Consumer Information We also “anonymize” Consumer Information by removing any identifier that can be associated with your personal Contact Information. Anonymous Consumer Information may be associated with or include other Account Information or Consumer Information that does not identify you. It allows us to understand usage of CS at a ZIP Code level. Anonymous Consumer Information helps us develop reports and analyses about how our customers use CS and for other research such as research regarding behavioral inferences. We may share anonymous Consumer Information and reports and analyses based on anonymous Consumer Information with your utility and other service providers. We also use anonymous Consumer Information to troubleshoot technical issues with our System and to compile statistics and reports of usage of CS.
- Disclosure of Consumer Information to Third Parties We may disclose Consumer Information, and analyses and reports derived from such information to third parties including utilities, or our service providers. We will not disclose your personally identifiableConsumer Information to any third party for marketing purposes without your permission. If CS is distributed by one of our distributors or partners (e.g., a utility or Communicating Device manufacturer who may install a Communicating Device or implement a Communicating Device program with us), they may have the same access to your Consumer Information as we do. They have agreed to treat such Consumer Information as outlined herein unless they have another agreement with you.
4.1 Contractors and Third-Party Service Providers We may use independent contractors to assist with our operations. Such contractors may include Energy Services companies (our vendors used in connection with certain demand response programs), 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 CS or conduct legitimate business activities in connection with CS. 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 Consumer Information to them. For example, we may permit third-party manufacturers of energy management Communicating Devices to connect their devices to CS and require them to provide support for those Communicating Devices, or we may use a third party to communicate with you (via email, letter or telephone) about your account or upcoming features or services, to generate demographic profiles based on Consumer Information of our customers, and to perform other work as part of or in relation to CS that we may need to outsource. We require these contractors and third parties to protect the confidentiality of your Consumer Information and to use it only as necessary to perform the services they are asked to perform. These contractors and third parties are responsible and liable if they misuse any Consumer Information.
4.2 Utility and Technology Partners If CS is provided through your utility provider, third party System provider or other technology partner, or if you choose to connect with your utility through CS Connect, we may share Consumer Information with your utility provider, third party System provider, Energy Services company, or other technology partner in accordance with your agreement with such utility provider or third party System provider. In certain circumstances such parties may have direct access to Consumer Information. Their obligations with respect to such Consumer Information are governed by their agreement with you.
4.3 Compliance with the Law: Protection of Our System and Services Because your privacy is very important to us, we have put in place commercially reasonable technical, physical and administrative measures to protect the Consumer Information that we collect. No security system is perfect, however, and we cannot guarantee that your Consumer Information will not be disclosed to unintended third-party recipients. It is possible that third parties may circumvent our security measures to unlawfully intercept or access your Consumer Information. In addition, we may be legally obligated to disclose Consumer Information to the government or third parties under certain circumstances, such as in response to a legal demand issued by a government entity, a subpoena issued in connection with a civil or criminal investigation or litigation, an order from a court or regulatory agency, or to comply with regulatory requirements. We may determine that, notwithstanding the provisions of this Policy, it is necessary or appropriate for us to disclose your Account Information and personally identifiable Usage Information or Communicating Device Utilization Information to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act and any other relevant laws or regulations, to enforce our applicable End User License and Service Agreement or any other of our policies, to exercise our legal rights or defend against legal claims, to protect the integrity of our operations, to protect our customers, or to prevent a crime.
- Your Choices Regarding Consumer Information
5.3 Effect of Certain Opt-Out Choices You understand that our ability to gather and use Consumer Information may be necessary to provide certain personalized services, features and functions. If we cannot gather certain Consumer Information (such as personally identifiable Usage Information, certain Communicating Device Utilization Information, anonymous Usage Information and Commerce Information), we may not be unable to provide such personalized services, features and functions.
5.4 Review and Update of Account Information You may review your Account Information collected and stored and may ask to change or update this information. If you would like to review your Account Information, you may access your account through the Portals and may make changes to your Account Information there.
- Third Party Links and Disclosure in Community Forums
7.2 IF YOU VOLUNTARILY DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION (E.G., NAME, EMAIL ADDRESS, PERSONAL PHOTOGRAPHS) IN A COMMUNITY FORUM, SUCH INFORMATION MAY BE COLLECTED AND USED BY OTHERS AND MAY RESULT IN UNSOLICITED MESSAGES FROM OTHER PARTIES. WE HAVE NO CONTROL OVER THIS TYPE OF USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND CANNOT BE RESPONSIBLE.
This policy was last updated on October 27, 2016