SmartLink Privacy Policy

We have prepared the following Privacy Policy to describe to you how we collect, use and share personal information from users of our website smartlinknetwork.com (“Website”), our mobile SmartLink application (“Application”), our hardware device(s) that pair or connect to the Website and/or Application (“Product”), and the services we provide via the Website, Application and Product (“Services”). This Privacy Policy applies with respect to all information we have collected from users of our Website, Application, Product and Services, including any information that may have been collected under prior privacy policies.

We hope that you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Website or Application and our services.

1. What Information Do We Collect?

The information we gather from customers enables us to personalize and improve services and allows our users to set up a user account and profile that can be used to personalize their experience on the Website. We collect information from end users of the Website, Application, Product and Services in the following ways:

Personal Information You Provide Us:

We collect and store any information you voluntarily provide to us such as name, address, contact information, passwords and payment information. Following are the categories of personal information we may collect from you when you share it with us:

• Identifiers. When you register for an account on our Website or Application, we collect personal information, your first and last name, email address, username, postal address and similar contact data, and password as part of the registration process.
• Commercial Information. When you provide information about your irrigation system, including zone characteristics, watering schedules, repair items, and any pictures uploaded of your site and/or watering zones, we will collect and associate them with your Account.
• Location Information. When you specify the location of your Product (city, zip, and/or geo-coordinates), we may store that data to provide you with location-based information relevant to your service experience.
• Financial Information. When you purchase services on our Website, we collect information necessary to process your payment, such as your payment instrument number (such as a credit card). All payment data is stored by our third-party payment processor. We currently use Stripe, Inc. (https://stripe.com/) for online payments. We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy, please refer to Stripe’s terms at: https://stripe.com/us/privacy.
• Other Personal Information. When you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. If you participate in one of our surveys, we may collect additional profile information based on the answers you provide.
• Internet or Other Electronic Network Activity Information. Other types of information such as your Product’s version and registration number, and other requested information may be collected to improve support for the Product and Services.

Information Collected Automatically:

Some information such as IP Address and/or browser and device characteristics is collected automatically when you interact with our Website, Application, Product or Services.

• Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
• Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address. We generally use this information to understand how visitors to our Website and Application use them, and how to improve our navigation and Services.
• Services Information. We may automatically collect information related to your use of the Services, including watering schedules, irrigation activity, water consumption information, alerts, skipped scheduled events and information related to watering zones. We generally use this data to improve our Services.
• Sensor Information. If you connect third party devices to the Services, such as rain sensors, flow meters or weather stations, we may collect the information provided by these third-party devices and add them to your profile information. We use this data to provide and improve the Services.

2. How We Use Your Information

In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use the information we collect or receive:

• To facilitate the creation and secure your Account on our network.
• To identify you as a user in our system.
• To send you a welcome email to verify ownership of the email address provided when your Account was created.
• To improve the quality of experience when you interact with our Website and Services.
• To improve and provide you administrative information for business purposes, legal reasons and possibly for contractual reasons.
• To fulfill and manage your orders for contractual reasons. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through our Website or Application.
• To send you targeted newsletters, surveys, offers, and other training or promotional materials related to our Services and for other purposes of the Company. We and/or our third-party marketing partners may use your information for marketing and training purposes if that is in accordance with your marketing preferences. You can opt out of our marketing emails any time (see the “What Are Your Privacy Rights” below).
• To administer prize draws and competitions for our Business Purpose and/or with your Consent. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
• To respond to your inquiries related to employment opportunities or other requests.
• To make telephone calls to you as a part of secondary fraud protection or to solicit your feedback.
• To enforce our terms, conditions and policies for Business Purposes, Legal reasons and/or Contractual.
• To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• To protect our Sites for Business Purposes and/or for Legal Reasons. We may use your information as part of our efforts to keep our Website or Application safe and secure (for example, for fraud monitoring and prevention).
• For other Business Purposes. We may use your information for data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website or Application, products, services, marketing and your experience.

3. Will Your Information Be Shared with Anyone?

We do not sell your personal information to third parties or share your personal information to third parties for their marketing or advertising purposes. We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations. We may disclose your information in the following situations:

• Protection of Company and Others: Regardless of the choices you make regarding your personal information, we may disclose your personal information if the Company believes in good faith that such disclosure is necessary: (a) to comply with relevant laws or to respond to subpoenas or warrants served on the Company; (b) enforce or investigate any potential violations of our Terms of Use, this Privacy Policy or potential violation of law; (c) in connection with a legal investigation; or (d) protect the rights, property, or safety of Company, our employees, our users, or others. This includes exchanging information with other companies and branches for fraud protection and credit risk reduction.
• Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• With Your Consent: We will share your personal information in accordance with your elections.
• Shared Access Features. Our Services may allow users to share certain administrative or operative features and functions of their Account and Product (“Shared Access Features”) with other users. For example, our Services may enable users to share control of the irrigation features of the Product with other users, such as their landscape professional, to enable that user to program their watering schedule. Users are solely responsible for designating who may access the Shared Access Features associated with their Account and can change these designations in their Account settings.
• Vendors, Consultants and other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third-parties to use tracking technology on the Website or Application, which will enable them to collect data about how you interact with the Website or Application over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Privacy Policy, we do not share, sell, rent or trade any of your information with third-parties for their promotional purposes.
• Text messaging: Originator opt-in data and consent will not be shared with any third parties, excluding aggregators and providers of the Text Message services.

We have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer:

• Identifiers. When you register for an account on our Website or Application, we collect personal information, your first and last name, email address, username, postal address and similar contact data, and password as part of the registration process.
• Commercial Information. When you provide information about your irrigation system, including zone characteristics, watering schedules, repair items, and any pictures uploaded of your site and/or watering zones, we will collect and associate them with your Account.
• Location Information. When you specify the location of your Product (city, zip, and/or geo-coordinates), we may store that data to provide you with location-based information relevant to your service experience.
• Financial Information. When you purchase services on our Website, we collect information necessary to process your payment, such as your payment instrument number (such as a credit card). All payment data is stored by our third-party payment processor. We currently use Stripe, Inc. (https://stripe.com/) for online payments. We do not process, record or maintain your credit card or bank account information. For more information on how payments are handled, or to understand the data security and privacy, please refer to Stripe’s terms at: https://stripe.com/us/privacy.
• Other Personal Information. When you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. If you participate in one of our surveys, we may collect additional profile information based on the answers you provide.
• Internet or Other Electronic Network Activity Information. Other types of information such as your Product’s version and registration number, and other requested information may be collected to improve support for the Product and Services.

4. Do We Use Cookies and Other Tracking Technologies?

In order to personalize and enhance your experience on our Website, we collect information through “cookies.” Cookies are small strings of text sent by our Website to your browser and then stored by your browser on your computer’s hard drive. Our cookies allow us to not only personalize your experience on our Website, make your visit more convenient, and understand how you and others are using our Website so we can improve your experience on the Website. We use cookies to identify repeat visitors to our Website and to determine the paths visitors take on our Website. We also use cookies to determine whether you visited our Website from a particular Internet link or advertisement. Most web browsers automatically accept cookies, but it is possible to change your browser setup, so it does not accept cookies. However, not utilizing cookies may prevent you from using certain functions and features of the Website. Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Website. Just like any other usage information we collect, this information allows us to improve the Website and customize your online experience, and otherwise as described in this Privacy Policy.

To opt-out or adjust your preferences for cookies that may collect information about your online activity while you are using the Website, please adjust your browser settings or use the Google Analytics opt-out described in the “Third-Party Analytics Services” section below.

Third-Party Analytics Services

We use tools (including Google Analytics) to collect information from visitors in order to better understand how they use our website (e.g., browser type, domains, page views). We use session cookies to keep you logged in while you use features of our web application; these disappear after you close your browser. We also use persistent cookies that stay in your browser and allow us to recognize you when you return to the site. The information collected does not personally or directly identify you or your street address. To learn more about how Google uses data when you visit our Website please visit: How Google uses information from sites or apps that use our services – Privacy & Terms – Google. You can opt out from the use of Google Analytics by following the instructions provided at: Google Analytics Opt-out Browser Add-on Download Page.

5. Do We Use Google Maps?

We use Google Maps for the purpose of providing better service.

When you interact with our Website, Application, or Services, you will find the applications use Google Maps APIs. You may find the Google Maps API Terms of Service here (https://cloud.google.com/maps-platform/terms/). To better understand Google’s Privacy Policy, please refer to this link (https://policies.google.com/privacy).

By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at any time. We use this information about location in conjunction with data from other data providers.

6. How Long Do We Keep Your Information?

We will only keep personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period or permitted by law (such as tax, accounting or other legal requirements). No purpose in this Privacy Policy will require us keeping your personal information for longer than 2 years past the termination of the user’s account.

7. How Do We Keep Your Information Safe?

Your Account is protected by a password selected by you for your privacy and security. You are solely responsible for ensuring that there is no unauthorized access to your password.

We have implemented appropriate technical and physical security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we do our best to protect your personal information, transmission of personal information to and from our Website or Applications is at your own risk. You should only access the services within a secure environment.

What Personal Information Can You Access?

We allow you to access, update and delete the following information in your Account:

• First and Last Name
• Account and user profile information, including images and other data and information you have uploaded to the Website
• User e-mail address
• Username and password
• User preferences
• Location
• Phone Number
• Company Name

If you have any questions about viewing or updating information we have on file about you, please contact us at support@weathermatic.com

What Choices Do You Have?

You may request deletion or inactivation of your Account by sending an e-mail to support@weathermatic.com. Please note that some information may remain in our records after deletion of your Account. Depending on your jurisdiction, you have additional state privacy rights (See Privacy Rights section below).

We will periodically send you free newsletters and emails that directly promote the use of the Website, Application, Product and Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive, by changing your Account settings, or by notifying us at support@weathermatic.com. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

8. Do We Collect Information About Minors?

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website or Application, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website or Application. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at support@weathermatic.com.

9. What Are Your Privacy Rights?

You may be entitled to the following privacy rights listed below based on various state privacy laws, including if you are a resident of California, Colorado, Connecticut, Florida, Oregon, Texas, Utah, and Virginia:

• The rights to know/access. You may have the right to request to access or know (i) the specific pieces of personal information we have about you; (ii) the categories of personal information we have collected about you; (iii) the categories of sources from which that personal information was collected; (iv) the categories of personal information we have sold or disclosed; (v) the categories of third parties to whom your personal information was sold or disclosed; and (vi) the purposes for collecting and selling your personal information.
  • We have collected the categories of personal information detailed in the section titled “What Information Do We Collect” above.
  • We have disclosed the categories of personal information detailed in the section titled “Will Your Information be Shared with Anyone” above.
• The right to correction. You may have the right to request that we correct the personal information that we have collected or maintain about you.
• The right to data portability. You may have right to request your personal information in a format that is portable and useable.
• The right to deletion. You may have the right to request that we delete the personal information that we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected. If we deny your request for deletion, we will let you know the reason why.
• The right to restrict or opt out of the sale or sharing of your personal information. You may have the right to restrict or opt out of the sale or sharing of your personal information. We do not sell your personal information or share your personal information to third parties for their marketing or advertising purposes. If this changes, we will update our privacy policy accordingly.
• The right to equal service. If you choose to exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our services.

You may request your right to know and your right to deletion free of charge up to two (2) times in any twelve (12) month period.

To exercise the rights described above, please contact us as follows:

Email: support@weathermatic.com (please use “Consumer Privacy” in the subject line)

To exercise the rights described above, please contact us as follows:

We may require verification of your identity before further processing your request. In certain instances, we may be permitted by law to decline some or all of such request.

10. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify either you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

11. Third-Party Websites

This Privacy Policy does not govern, and we are not responsible for, the privacy, information security, or other practices of any third parties, including any third party operating any site or service to which the Website links. The inclusion of a link on the Website does not imply our endorsement of the linked site or service.

12. Questions or Concerns

If you have any questions, complaints or concerns regarding policy, you may contact us at support@weathermatic.com or by post to: