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Privacy Policy & Terms of Use

Privacy Policy

ecobee Inc. (“ecobee”) is committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the spirit of this Privacy Policy, and that we fully share this information with you. Please note that by visiting and using ecobee.com, or any other website owned and operated by ecobee, you are accepting the practices described in this Privacy Policy.

ecobee Website and Store Visitors

What Information is ecobee gathering about its visitors and how is it being used?

Every computer connected to the Internet is provided with a domain name (e.g. someispname.net) and an IP Address (e.g. 192.164.13.145). When a visitor requests a page from the ecobee website, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. By itself, this information reveals nothing personal about you. In fact, the only information that we automatically gather and log is as follows:

  • The IP Address of the Site that may have Referred you
  • Your IP Address
  • The Web Page that you may have linked to us from, if any
  • The Product Identifier for Version and Make of Browser (e.g. Internet Explorer®)
  • The Operating System platform that you may be running (e.g. Macintosh® or Windows®)
  • Search Words or Terms that are passed from a Search Engine (e.g. Google® or Yahoo!®)
  • Information readily available and stored in your Adobe® Flash ‘System.Capabilities’ Object.

There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.

The purpose for this information is actually two-fold. One, ecobee. has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and Search Engine terms, we can strategically enhance our exposure on the Internet.

What about Cookies?

Cookies are small pieces of data that are transferred to your computer’s hard drive through your Web browser from our Web Server. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. The ecobee website utilizes cookies only as a means of providing personalization features to our visitors. For example, we utilize cookies to manage your login to your personalized web portal once you have registered your ecobee Device. In addition, ecobee may use cookies to assist users in completing an incomplete purchase for items left in their shopping cart.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser’s help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.

Our Site may contain links to other websites operated by third parties such as media sites and app stores and may include social media features such as Facebook and Twitter buttons (such as “Like,” “Tweet” or “Pin”). These third-party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. We do not control what information these third parties collect. Please review your privacy settings on your social media sites and think carefully before clicking on links which may take you to a third-party website.

 

In addition, we permit third-party partners to use cookies and other technology to collect information about your browsing activities over time and across different websites when you use our Site. This cookie information may be used to generate custom and lookalike audiences and similar marketing outreaches.

Our Site does not knowingly collect or store any personal information about children under the age of 13.

What information does ecobee collect when I purchase something?

If you purchase something, such as an ecobee Device or Device accessory direct from ecobee, we need to obtain the appropriate information in order to complete the purchase transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need:

  • Your Name
  • Billing Address (for Credit Card Orders)
  • Shipping Address
  • E-Mail Address
  • Phone Number
  • Credit Card Number (for Credit Card Orders)
  • Expiration Date (for Credit Card Orders)
  • CCV2 Code (for Credit Card Orders)

This information will be shared with our online shopping cart provider and payment processor. We use shopping cart features that safeguard this information by using industry standard SSL (Secure Sockets Layer) encrypted servers. SSL encodes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information.

By providing your e-mail address as part of the online shopping process, you agree to receive e-mail communications related to your incomplete or completed purchase of ecobee Devices.

In addition, by completing your purchase, you agree to receive e-mails from ecobee relating to utility energy programs, third party rebates relating to your purchase and other energy-saving opportunities available in your area (“promotional e-mails”). You may opt out from receiving promotional e-mails in the future by selecting the “Unsubscribe” option at the bottom of every promotional e-mail.

If you purchase your Device as part of an utility-sponsored electricity usage or Demand Response program (“Utility Program”), your name, address, contact details and other information relating to your purchase may be forwarded to your utility provider or its third party designate (collectively, “program implementers”) in order verify your eligibility in the Utility Program, installation details and for any potential rebates or other participation rewards.

If you select an installation option as part of your purchase (available in certain areas only), your name, address and contact details may be forwarded to ecobee’s installation partner to facilitate the installation of your purchased Device(s).

ecobee Device Users

If you register your Device (such as an ecobee thermostat) with ecobee.com, you will be required to provide an e-mail address to associate with your ecobee account. When you have registered your Device and created an ecobee account, you will be able to remotely view and control your Device from anywhere on the internet via a mobile application or our web portal. To enable these remote functions, your Device needs to transmit temperature and HVAC operational data to the web portal. These transmissions are fully encrypted. The temperature and HVAC operational data will be stored by the web portal to provide you with historical reports.

When you install your ecobee Device, you’ll be asked for information like your home address or postal/ZIP code as well home details (like house age, number of floors, etc.). We use this data to make more intelligent decisions about how to manage your heating and cooling. We may also anonymously aggregate your data with data from other homes in order to create reports, benchmarks and allow you (and others) to compare energy usage, on an anonymous basis, with similar homes. ecobee may also send you information and reports regarding your Device’s operations, software updates, energy-savings opportunities or promotions directly onscreen in the web portal, or via email.

Your ecobee Device will collect environmental data such as temperature and humidity as well as operational data such as temperature set points (i.e., “runtime” data) from your HVAC equipment. Some Device models may include additional types of data such motion sensing (i.e., “occupancy sensing”). Depending on your Device model, your Device may also collect data from remote sensors in addition to the Device itself. This environmental and operational HVAC data and is used to optimize the heating and cooling algorithms on your Device to minimize energy usage when you are home or away.

By registering your Device, you agree to receive e-mails from ecobee relating to software updates for your Device, mobile apps and web portal, as well as status updates for web portal service. You can opt out of receiving these update emails via the “Unsubscribe” link at the bottom of every update e-mail. You also agree to receive e-mailed HVAC alerts and reminders, and to provide a contact email for customer support. You can disable e-mailed HVAC alerts and reminders using the ecobee web portal.

From time to time, ecobee may send you energy savings advice, as well as marketing materials related to ecobee and related third-party product offerings. You can opt out of receiving these update emails via the “Unsubscribe” link at the bottom of every update e-mail. Ecobee will not give your e-mail address to a third-party without your consent.

You can delete your ecobee account (including e-mail address) and Device data by deregistering your Device(s) using the web portal or directly on the Device.

Mailing List and Social Communities

If you register for one of our online community or mailing lists, we may use your e-mail address to send you updates such as announcements, news and new products or services. You have the option of ‘Unsubscribing’ from our online Community or Mailing List at any time, thereby disabling any further such e-mail communication from being sent to you. If you wish to have specific communications with a member of the ecobee staff, you will be required to provide specific information that will be routed to the appropriate contact within ecobee. We maintain a strict ‘No Spam or UCE’ policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent.

Utility-Sponsored Usage Program

If you agree to participate in a utility-sponsored electricity usage or Demand Response program (“Utility Program”), operational or environmental information relating to your Smart Device and electricity use may be forwarded to your utility provider or its third party designate (collectively, “program implementers”) in order to make intelligent decisions relating to electricity production and conservation, and to provide Demand Response and Energy Measurement and Verification services as part of the Utility Program.  ecobee, or the program implementer may also anonymously aggregate your data with data from other homes in order to create reports, benchmarks and allow you (and others) to compare energy usage, on an anonymous basis, with similar homes.

You may also receive messages on your Device, on the ecobee web portal or via email from your program implementer. During Demand Response Events, you agree to allow ecobee or the program implementer to send a signal to your ecobee Device to reduce your HVAC energy use and temporarily modify your operational settings.

Your program implementer will not sell, rent, or otherwise give your e-mail address to a third-party for purposes unrelated to the Utility Program, without your consent.

Contractor Installation

The contractor that installs your Device may link their business contact information with your Device. This information, if entered, will appear with the Alerts and Reminders that are generated by the Device and can be found in the Settings-> About function on the Device or in the Settings-> About widget in your personalized web portal. From time to time, the contractor may send maintenance reminders and/or promotional offers that will appear in the web portal. This contractor-provided information will not appear directly on the Device screen or be sent to you by e-mail without your consent. The contractor will use this web portal information to service their accounts and will agree to a strict ‘No Spam, or UCE’ as defined above.

ecobee provides technicians who install the ecobee Device with a contractor web portal. This contractor web portal allows the technicians to track and maintain the Devices that they have installed and may contain the following information: Device ID number, the status of the Device (online/offline), the customer’s name, address, phone number and/or e-mail. The technician may also be able to view service notes relating to previous service calls, and the time of the next scheduled service call or service reminder. If your ecobee Device is a communicating Device, it may also forward operational and diagnostics information from compatible HVAC equipment (furnace, air conditioner, etc.) to the contractor web portal, if the communicating functionality is enabled. You can remove yourself from your technicians list of Devices by using the Settings->About widget in your personalized web portal. If you have rated your contractor using the web portal application, the contractor may be able to see their average rating (i.e., the average of all ratings for that contractor) as well as anonymous comments from users.

Third Party Apps and Integration

ecobee Devices are capable of communicating and integrating with a growing number of third party devices, applications and services. If you enable integration with a third party service, you agree to share your ecobee account data and Device data with that third party. Differing privacy policy terms may apply.

Donate Your Data

If you agree to participate in ecobee’s Donate Your Data, you will be anonymously sharing your Device data with ecobee’s research partners. ecobee’s research partners will protect your data in accordance with ecobee’s standard Privacy Agremeent. For more information, see ecobee.com/donateyourdata.

Voice Services

Certain ecobee devices are Alexa Enabled Products, meainging they are capable of being voice-controlled using the Alexa Voice Service (AVS) provided by Amazon Digital Services LLC (“Amazon”). When AVS is enabled on your ecobee device, your device continuously listens for “wake words”. When the ecobee device hears one of these wake words, it will initiate a brief audio recording and transmit that recorded message to Amazon for voice recognition processing. Use of AVS and third party services via AVS are governed by the Alexa Terms of Use (as provided on the Amazon.com website). Any information you provide to Amazon will be treated in accordance with the Amzon Privacy Notice (also available on the Amazon.com website), not the ecobee Privacy Policy. ecobee does not have direct access to, or retain any copies of, your recorded voice messages to AVS. When your Alexa-enabled ecobee device is in Private mode, it is not listening for wake words, and no recorded messages are sent to Amazon.

Will ecobee disclose the information collected to Third Parties?

ecobee will only disclose your personal information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

  • With your explicit consent: We may share personal information such as e-mail addresses when authorized by you. This can include promotional offers by our partners. on your behalf and you can change your mind at any time.
  • With your explicit consent: We may share personal information as part of your registration and/or participation in an energy usage or Demand response program.
  • Conform to the edicts of the law or comply with a legal process served on ecobee.
  • Protect and defend the rights or property of ecobee, or visitors of ecobee.
  • Identify persons who may be violating the law, the legal notice, or the rights of third parties.
  • Cooperate with the investigations of purported unlawful activities.
  • As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.

ecobee uses reasonable precautions to keep the information disclosed to us secure. ecobee reserves the right to transfer information in connection with the sale of all or part of ecobee capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. ecobee also provides ‘links’ to a wide variety of other web sites on the Internet. We are not responsible for their Privacy Policies or how those web sites manage information about their users. We strongly urge you to check with those web sites to determine their privacy policy.

Please note that this privacy policy may change from time to time. Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

Please send any notices or requests regarding this Privacy Policy by care of e-mail to: legal@ecobee.com

Your California privacy rights

California residents can now ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes during the past year.

ecobee does not share personal information about its customers with third parties for their own marketing purposes.

To request a printed copy of this disclosure from ecobee pursuant to Section 1798.83 of the California Civil Code, please contact us via e-mail at legal@ecobee.com or write to us at:

ecobee

Attn: California privacy rights

250 University Ave, Suite 400

Toronto, ON M5H3E5

Canada

 

Copyright © 2008-2017, ecobee, Inc. All Rights Reserved. ecobee and any marks and logos are Registered Trademarks of ecobee, Inc. All other trademarks listed are the property of their respective owners.

Revision: April 2017.

Terms of Ue

Modification of these Conditions of Use

ecobee inc. reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the ecobee inc. website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement

Privacy

Please review our Privacy Policy, which also governs your visit to ecobee inc. to understand our practices regarding the use and disclosure of your personal information. You can find our Privacy Policy at the Privacy Policy link at the bottom of the web page.

Electronic Communications

When you visit ecobee inc. or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Trade-mark Licenses

The entire contents of this website (the “Information”), including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of ecobee inc. or its content suppliers and are protected by Domestic and International copyright and trade-mark laws. ECOBEE, the ECOBEE LOGO, and GREEN MADE EASY are registered trade-marks of ecobee inc. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Information without the prior express written consent of ecobee inc., except as described below. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at legal@ecobee.com to notify us of this infringement.

Limited Copyright and Trade-mark License

You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, or modify any registered mark. ecobee hereby grants authorized Sellers, Distributors, HVAC or Energy Consultants or Contractors, a royalty-free, non-exclusive and revocable license to distribute, display and promote the Information solely for the purpose of advertising, promoting and selling the Products on the terms hereof, provided that you agree not to change or delete any copyright or proprietary notices from the materials, or modify any registered mark. ecobee may revoke such license at any time if, in the determination of ecobee, Dealer’s use, marketing, distribution, display or promotion is detrimental to the Product and/ or the business and affairs of ecobee. ecobee does not warrant that Information will be current or error-free. Dealer may not adapt or change any Information without written permission of ecobee.

License and Website Access

ecobee inc. grants you limited license to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of ecobee inc. . This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of ecobee inc. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of ecobee inc. without the express written consent of ecobee inc. . You may not use META tags or any other “hidden text” which utilize ecobee inc.com, ecobee inc.com, ecobee inc. or any other derivative of our domain, company name or registered trademarks without the express written consent of ecobee inc. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home Page or any Dynamic Deep Link (DDL) of ecobee inc. so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that ecobee inc. cannot and does not guarantee or warrant that files made available for downloading through the ecobee inc. website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through ecobee inc. are free from such contaminations.

Submission of Original Material

Your submissions of files including, but not limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant ecobee inc. a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such submissions, unless otherwise specified by an agreement made in writing by you and ecobee inc. You also grant ecobee inc. the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY ecobee inc. ON AN “AS IS” AND “AS AVAILABLE” BASIS. ecobee inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ecobee inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ecobee inc. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ecobee inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ecobee inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ecobee inc. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ecobee inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, ecobee inc. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY ecobee inc. IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO ecobee inc. FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER’S EXPENSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Links

Linked websites are not under the control of ecobee inc. and ecobee inc. is not responsible for the contents of any linked site or any link contained in a linked site. ecobee inc. provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by ecobee inc. of the site.

Applicable Law

By visiting the ecobee inc. website, you agree that the laws of the province of ONTARIO, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ecobee inc.

Disputes

Any dispute relating in any way to your visit or access of the ecobee inc. website or to the products or services you purchase through the ecobee inc. website shall be submitted to binding arbitration in Ontario, except that, to the extent you have in any manner violated or threatened to violate ecobee inc. intellectual property rights, ecobee inc. may seek injunctive or other appropriate relief in any state or federal court in the province of Ontario, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless ecobee inc., its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the ecobee inc. website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.

Other Provisions

ecobee inc. failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. ecobee inc. may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Contact Information

Please send notices by care of e-mail to: legal@ecobee.com (or) by our Mailing Address: ecobee inc. 250 University Avenue, Suite 400 Toronto, ON M5H 3E5, Canada Copyright © 2008-2014 ecobee inc. All Rights Reserved. “ecobee inc.”, “ecobee inc. and any marks and logos are Federal Registered Trademarks of ecobee inc. All other trademarks listed are the property of their respective owners. Revision: April 2015