This is the privacy policy (“Policy”) for the Focus software application (the “Application”) which is provided by Prolon, Inc. (“we,” “us,” or “our”). We believe that the privacy and security of your information and data (“Information”) is very important. This Policy explains the type of Information we collect from users of the Application, how that Information is used, how the Information may be shared with other parties, and what controls our users have regarding their Information. We encourage you to read this Policy carefully. Any updates or modifications to this Policy will be posted to our website on this page. By using or accessing the Application, you signify that you have read, understand and agree to be bound by this Policy. This Policy is effective as of April 25th, 2018 and has not been modified since that date.
Information We Collect
There are two types of Information that may be collected through our Application: (1) “Personal Information” such as your name, e-mail address and other information that can be used to directly identify you, and (2) “Usage Data” which is data related to your use of the Application (e.g., the actions you take within the Application), anonymous information about the computer or device used to access the Application (e.g., your IP address or device ID), or anonymous information about the HVAC product you are controlling with the Application (the “HVAC Product”).
If you wish to download the Application and establish an account, contact us, receive newsletter, alerts, push notifications or other communications, or otherwise communicate with us in any way, we may at that time require that you provide certain Personal Information such as your name and e-mail address. When you submit Personal Information through the Application, whether by directly providing it to us upon request or voluntarily disclosing it, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy.
Whether or not you submit Personal Information, any time you utilize our Application, we may collect, store or accumulate certain Usage Data based on your use of our Application and HVAC Product, such as information regarding the actions you took within the Application, your HVAC settings, the browser you use, your computer’s IP address, or your device ID or other persistent identifier.
When linking your Application to your HVAC Product, we may also connect any information about you that is already associated with the HVAC Product with Usage Data or Personal Information we collect through the Application.
Uses and Sharing of Information
We use your Personal Information that we collect to authenticate Application usage, process your requests, provide the requisite functionality of the Application, send you promotional e-mails, and otherwise communicate with you. You always will be given the opportunity to unsubscribe from further emails in any promotional messages we send you.
We contract with companies or individuals to provide certain services related to our Application including email and hosting services, software development, data management, surveys and marketing, promotional services. We also work with the distributors who sell our HVAC products. We call all of these third parties our “Service Providers.” We may share both your Personal Information and Usage Data with Service Providers solely as appropriate for them to perform their services for us. Except as described above, we will not disclose, rent, sell or share any Personal Information to third parties.
Usage Data may be used in aggregate form for internal business purposes, such as optimizing the Application, generating statistics, and assisting with the service of your HVAC Product. We may also use, share or transfer such aggregated, anonymized Usage Data with or to our affiliates and Service Providers for administrative, analytical, research, optimization, security and other purposes, but no such information will be linked with your Personal Information or be used to identify or contact you.
Finally, we may share your Information: (i) In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us; (ii) When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with the enforcement of our Terms of Use and other agreements; or (iii) In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Privacy and Security
Use of the Application is voluntary and not required in order to operate your HVAC Product. Therefore, it is entirely your choice whether or not you provide Personal Information to us. We take reasonable precautions to protect our customers’ Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any Information that you transmit to us or from us, and you do so at your own risk. You hereby acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
In addition, while we take reasonable steps to govern our Service Providers’ use and protection of your Personal Information, we ultimately have no control over and are not responsible for the privacy practices of such parties. As a condition to your use of the Application, you expressly agree we bear no responsibility, and are not liable in any way, for the acts, omissions or policies of our Service Providers or any other external sources with respect to your Information
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at [email protected].
Cookies
We may use cookies or similar tracking technologies like web beacons, JavaScript, clear gifs, and log files. These “Cookies” are small pieces of information that are generally stored by your browser on your computer’s hard drive or on third party servers. Generally, Cookies work by assigning to your computer or device a unique ID that has no meaning outside of the Application. Cookies are used for a variety of reasons, including for the storage of your Information so you don’t have to re-enter it and the collection of Usage Data. Our Cookies do not generally contain any personally identifying information. Most web browsers automatically accept Cookies, but you can usually configure your browser to prevent this. However, not accepting Cookies may make certain features of the Application unavailable to you.
Children Under 13
The Application is intended for and targeted to adults. We do not knowingly collect or solicit Personal Information directly from anyone under the age of 13. If you are under 13, please do not send any Personal Information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at [email protected].
Opting Out
If at any time you wish to stop receiving any promotional communications from us, you can do so by using the unsubscribe link at the bottom of our communications. You may also at any time opt out by sending an e-mail to [email protected] with the subject line “Opt Out.” Please note that even if you unsubscribe from our communications, we may still need to contact you with important information related to your account.
Your Rights and Obligations
You represent and warrant that any Personal Information you provide us is true and correct and relates to you and not to any other person.
If you wish to review, delete and/or revise the Personal Information we have stored about you, please contact us with your specific request at [email protected]; provided, however, that we reserve the right to retain an archive of such Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data; and we further reserve the right to retain an anonymous version of such Information.
If you use the Application, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.
Your California Privacy Rights
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their personal information disclosed to third parties for their direct marketing purposes.
California Do Not Track Disclosures: For various technical reasons, our Application may not recognize browser “Do Not Track” signals.
Changes to this Privacy Policy
We reserve the right to change this Policy at any time. In the event we make changes to this Policy, such policy will be re-posted in the “Privacy” section of our Application with the date such modifications were made indicated on the top of the page. Therefore, please review this Policy from time to time so that you are aware when any changes are made to this Policy. If you have any questions about the changes that were implemented, please contact us at [email protected] and include “Information Regarding Updated Policy” in the subject line. In any event, your continued use of the Application after such change constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Application or opt out by sending us an appropriate notice.
General
All other terms governing this Privacy Policy shall be those set forth in our EULA which are incorporated herein by this reference.
If you have questions or comments about this Policy, please contact us at [email protected] with “Application Privacy” in the subject line of your email.
