PRIVACY POLICY

 

This Privacy Policy applies to users of the Services (as defined below) residing in the United States. For users of the Services residing in Australia, please click here for the applicable Privacy Policy.

I. NOTICE OF OUR POLICY

Delos Living LLC (“Delos,” “we,” “us,” or “our”) is committed to protecting your privacy. To demonstrate this commitment, we have adopted this privacy policy (this “Policy”) which applies to the products and services comprising our DARWIN™ wellness intelligence network (the “Network”), including any online, mobile and tablet applications used to access such products and services (collectively, the “Services”).  This Policy does not apply to: (i) information we collect from our public web sites; (ii) any Delos products or services that refer to or link to a different privacy policy or statement; or (iii) those Delos subsidiaries and affiliates that have published their own privacy policy or statement.

The Policy is designed to help you understand generally how the Services collect, use and disclose information about you. Your use of the Services is subject to this Policy and our Terms of Use; by accessing the Services you acknowledge and agree to accept this Policy.

II. TYPES OF INFORMATION WE COLLECT AND WHY WE COLLECT IT

Delos may collect personally identifiable information or non-personally identifiable information through your use of the Services.  Personally identifiable information (or personal information) is information that personally identifies you, such as your name, postal address and email address, and non-personally identifiable information is information that does not personally identify you, including anonymous information and aggregated data about users of the Services. Information is collected in order to provide the Services to you, tailor the Services to you based on your preferences, and display information to you about the environment inside your home, as well as to improve our Services and offerings and for other general research purposes.  Information can be collected if you submit it to us or it may be collected automatically through technology.  The Services use information collected in order to recognize and identify the property, sensors, appliances and products in your home and collect data generated from those sensors and other appliances or products.  We also may use your personal information to respond to your requests and provide support, to communicate with you, and to provide updates to you about the Services.

a. Information submitted by you

You may submit information to us when you use the Services, including your name, email address, home or office address, telephone number, credentials and identifiers of any social media accounts or third party applications used to register with or access the Services, and information about additional users that may access the Services.  We may also collect demographic information, such as your age, gender, education, business or employment information, interests, preferences, schedule, and other information you provide to help us customize the Services for you.

b. Location Information

By using the Services, you may submit location information, including your time zone and address, in your preferences and certain location information may be collected automatically by using the Services such as Internet Protocol address and street address (including city, state and zip code). Time zone and location data is used to customize settings in your home or office, such as triggering dawn simulation and controlling other lighting timers. By registering and using the Services, you consent to such collection and use of this information.

c. Device and environmental information collected automatically

The Services are designed to recognize devices in your home or office and collect information about those devices to display the information to you so that you can better understand your indoor environment.  Our Services collect information about your indoor environment and how you interact with the Service. This information is record information on our servers, logs and databases and may also be shared with any devices connected to the Services.  In particular, the Services are designed to allow you to connect various devices in your home or office (for example your lighting, HVAC system, water filter) to the Service. While connected to the Services, these devices automatically report information to our servers (including information you may have provided when setting up the Services).  For instance, if you connect an indoor environmental quality (“IEQ”) sensor as part of the Network, the IEQ data (along with other information such as applicable room, device name and location) will be transmitted and displayed to you via the Network application. Some information that the Network collects from your sensors and displays for you include temperature, relative humidity as well as air quality conditions such as Particulate Matter 10, Particulate Matter 2.5, carbon dioxide and total volatile organic compounds, and your water filter flow.  

d. Usage Information

We collect data about your use of the Services, such as the commands you perform through the Services, the activities the Services itself performs, any support requests or responses to communications sent through the Services, and details on the specific devices connected to the Services.  Delos uses this information to provide you the applicable Services, to provide support, to make specific product and service recommendations, to send you surveys and to otherwise communicate with you regarding your use of the Services. Delos may also use aggregated data to understand how the Services are used, gather relevant statistics to support our continuing research, and develop and improve our Services.

e. Information collected by technology

We and our agents use technologies like cookies to help you use the Services more easily and to help us continuously improve the Services for our customers. Personal and non-personal information that may be collected using such technologies may include IP addresses, mobile and tablet device identifiers, time spent using the Services or services functions, location information and a user’s internet service provider. A “cookie” is a small data file that a website can send to your browser, which may then be stored on your hard drive to help the Services “remember” information about you when you return to the Services, such as your preferences for the Services or account identifications. We use simple session based cookies for logged-in users to track active sessions. You may have the option of setting your browser to reject cookies; however, doing so may affect the performance of the Services or restrict the way in which we may provide the Services to you.

We use third party service providers such as Google Analytics to help us maintain and provide the Services to you. Google Analytics uses cookies and tracking codes to analyze how visitors use the Services. The information collected (including your browser and operating system, IP address, pages visited on the Services and time spent here) is transmitted to and stored by Google. Google uses this information to evaluate users’ use of the Services in an aggregate manner, compile reports on website activity and provide other related services. Google may transfer this information to third parties that process information on its behalf or as required by law. You can read Google’s privacy policy at http://www.google.com/intl/en/privacy.html.

III.  HOW DOES DELOS DISCLOSE YOUR INFORMATION?

a. We may disclose your personal information to our affiliates and other entities and individuals we engage to perform functions on our behalf, including to help us to operate and deliver the Services. Some of these other entities and individuals may include technology and other consultants, attorneys, accountants, clerical staff, website or database hosting companies, analytics companies, and e-commerce providers and financial institutions (for the purpose of processing credit card transactions in the event you make a purchase relating to any Service). These entities and individuals will have access to your personal information to the extent necessary and solely for the performance of performing Services on our behalf.

b. You may be provided with the option to control the Services through third party applications, websites, products, and services (collectively, “Third Party Applications”), such as through a voice-enabled product or through a home automation application.  When you initiate any connection with any of these Third Party Applications and subsequently use such Third Party Applications, we will share certain of your information as necessary to enable the activation, connection and integration of the Services with such Third Party Applications, to ensure that they function properly.  If you choose to use any of these Third Party Applications, the third party’s applicable privacy policy will govern any information it receives from us while it is in their possession, so we encourage you to read the privacy policies of those third parties.

c. We may also disclose your personal information if legally required to do so, if requested to do so by a government entity, or if we believe in good faith that such action is necessary to conform to legal requirements, comply with legal process, protect the rights or property of Delos, prevent a crime, or protect the integrity of the Services and personal safety of our users or the public.

d. We may also disclose and transfer your personal information to a third party who acquires any or all of our assets, whether by way of acquisition, merger, consolidation, or purchase of all or a substantial portion of our assets. In addition, in the event Delos becomes the subject of an insolvency proceeding, whether voluntary or involuntary, Delos or its liquidator, administrator, receiver or administrative receiver may sell, license, or otherwise dispose of such information in a transaction approved by the court.

e. We may share non-personal (such as aggregated or anonymized) information collected from you in connection with your use of the Services to other users of the Services, to our affiliates and other companies with whom we conduct business and to the general public, such as for research or marketing or promotional purposes or for purposes of improving and developing the Services.

f. In addition to the disclosures described in this Policy, we may share information about you with third parties when you consent to or request such sharing.  For example, you may be provided with the opportunity to sign up for programs or services offered by our partners, and if you do this, we may share certain information with the partner.

IV. ACCESSING YOUR INFORMATION AND CHOICES

If you wish to view, change or remove any of your personal information collected by Delos in connection with your use of the Services, or if you wish to change your preferences regarding communications, please visit the account section of the applicable Services or you can contact us using the contact details provided under the “Contacting Us” section below.  

Please note that regardless of any of your communications settings regarding the Services, we will need to continue to communicate with you regarding updates to this Policy, terms of use or other policies relating to the Services, customer service matters and any updates to the Services.  If you wish for us to no longer retain or use any of your personal information, then you will need to close your account relating to the applicable Services and discontinue use of the Services; provided, that even upon closing an account we reserve the right to retain a copy of your personal information for a period of time reasonably necessary for archival and document retention purposes.

V. SECURITY

The security of your information is important to us, and we endeavor to protect your personal information. However, there is no such thing as perfect security on the Internet, and you provide personal information to us at your own risk. Delos expressly disclaims all liability for any damages, losses or claims of any kind relating to any personal information that you provide to us or others through the Services. When you use any Services, we encourage you to protect your information and use precautions including but not limited to using strong passwords, and not sharing your password and account information with any other person.

VI. THIRD PARTY APPLICATIONS

The Services may contain links to or may link from Third Party Applications including, for instance, home automation provider applications. We cannot be and are not responsible for the privacy practices of such Third Party Applications. If you provide any information to parties who operate Third Party Applications that are linked to or from the Services, use or disclosure of your personal information will be governed by those Third Party Applications policies. We encourage you to review each Third Party Application’s policies and privacy practices before revealing personal information. Under no circumstances shall Delos have any liability whatsoever for the activities conducted by or at any Third Party Application accessed from or through the Services.

VII.  INFORMATION REGARDING CHILDREN

This Services are not directed to children (persons under 13 years of age), and Delos does not knowingly collect any personal information from children. If a child under 13 has provided personally identifiable information to us through or in connection with the use of the Services, a parent or guardian of such child may inform us at the address for notices under “Contacting Us” below, and we will use commercially reasonable efforts to delete such information from our database, subject to applicable law and this Policy.

VIII.  YOUR CALIFORNIA PRIVACY RIGHTS  

California residents are entitled under California state law to request from us once per year information regarding disclosure of your personal information by Delos Living, LLC or its subsidiaries to a third party for that third party’s direct marketing purposes.  If you would like to request such a list, please contact us using the contact details provided under the “Contacting Us” section below.

IX. INTERNATIONAL USE

Delos is a global company with affiliates, service providers and processes that cross borders. By using the Services, your personal information may be transferred to, stored in, accessed from, and/or processed in the United States, the countries of the European Economic Area, India, and any other country where Delos, its affiliates or its service providers maintain conduct business. By using the Services, you consent to the transfer of your personal information to countries outside your country of residence, which may have different data protection rules than in your country. We will protect all personal information we obtain from you in connection with the Services in accordance with this Policy and take reasonable steps to ensure that it is treated lawfully.

X. CHANGES TO OUR PRIVACY POLICY

We may amend this Policy at any time, so we encourage to consult with this Policy periodically. If we update this Policy, we will post the updated Policy on this website and/or within an applicable device. Any such changes will be effective upon posting.

XI. CONTACTING US

If you have any questions about how we use your personal information or about this Policy, please email us at [email protected] or write to us at Delos Living LLC, 860 Washington Street, New York, NY 10014.

 

Last Updated: June 21, 2019