Terms and Conditions for Roost

Roost Privacy Policy

Last Updated: September 30, 2016

Roost, Inc. ("Roost") offers the smart devices and services described in this Privacy Policy and is committed to protecting your privacy. This Privacy Statement applies to www.getroost.com owned and operated by Roost, Inc. This Privacy Policy describes our practices regarding the Personal Data (as defined below) we collect from users of our Smart Battery product for use in smoke detectors and carbon monoxide detectors ("Product"), our website, getroost.com, and all related websites with the domain name "getroost" that post this Privacy Policy ( "Sites"), our Roost mobile application ("App"), and the services available through the use of the Product and the App (the "Roost Services").

The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Roost.

Information Related to Data Collected through the Roost application:

Roost collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.

Roost acknowledges that you have the right to access your personal information. Roost has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Roost's Client (the data controller). If requested to remove data we will respond within a reasonable timeframe. In certain circumstances we may be required by law to retain your personal information, or may need to retain your personal information in order to continue providing a service.

 

We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Roost will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

  1. Contact Us. If you have any questions, concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us using the following contact information:

Roost, Inc. 
support@getroost.com 
c/o Customer Support Manager 
955 Benecia Ave. 
Sunnyvale, CA 94085

  1. A Note About Children.   We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Roost and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us using the contact information provided above.
  2. A Note to Users Outside of the United States.   Roost participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Roost is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s www.privacyshield.gov/list.

Roost is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Roost  complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Roost is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Roost may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.  

Under certain conditions, more fully described on the www.privacyshield.gov/welcome, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

  1. Types of Data We Collect. "Personal Data"means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data"means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

We collect Personal Data and Anonymous Data from purchasers and owners of the Product who use the Product and Roost Services for their own properties ( "Roost Owners") as well as users of the App and Roost Services that were invited by Roost Owners and have signed up through the App to be monitors for Roost Owners ("Monitors").

We collect Personal Data and Anonymous Data that you provide to us directly, through your use of the Product, Sites, App and/or Roost Services as a Roost Owner and/or Monitor. We may also collect Personal Data or Anonymous Data automatically, through technologies used on the Product, Sites, App and in the Roost Services, as described below.

Information You Provide to Us. 

Information We Collect through the Product and Roost Services Related to the Product.

We may collect the following information directly through each Product:

  • Information about the Wi-Fi network to which the Product is connected.
  • Information about your interactions with the Product, including when you test the Product, when you install or remove the Product and when you replace the Product.
  • Information about when an alarm sounds on the smoke detector or carbon monoxide detector into which the Product was installed ( "Device" ).
  • Information about when an alarm is silenced on a Device and the number of times an alarm is silenced on a Device.
  • Information about the status and functionality of the Product during automatic maintenance checks.
  • Location information to validate installation and removal or replacement of the Product.

 

Information We Collect through the App and Roost Services Related to the App .

We may collect the following information that Roost Owners and, in some cases Monitors, provide to us:

For Roost Owners and Monitors:

  • We collect Personal Data from you when you register for an account to use the Roost Services as a Roost Owner or Monitor through the App ("Account"). To establish your Account, we collect your mobile phone number(s) and the SMS access code that we provide to you during set-up.
  • We collect additional Personal Data when you create a Roost Account profile ("Profile"). To establish your Profile, we may collect your first and last name, e-mail address, address, phone number(s) and password.
  • When you use the Roost Services on your mobile device through our App, we may collect your phone number and the unique device ID number.
  • When connecting to the Roost Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
  • We collect geolocation information, as described below.

 

For Roost Owners Only:

  • We collect information about the Wi-Fi network to which you connect the Product, including the name of the Wi-Fi network and Wi-Fi network password.
  • We collect information about the Devices into which you've installed the Product, including type of Device and the location of each Device within your home or building (e.g., kitchen, hallway), the address of your home or building in which the Device is located and the settings that you specify for each Device.
  • Upon your request, we access your contacts list in your mobile device and obtain information about your contacts to enable you to select and send invitations to Monitors.
  • We collect the names and phone numbers of each of your invited Monitors and the Devices to which each Monitor is assigned.
  • We collect the name and phone number for your designated emergency contact.

Information We Collect through the Sites.

We collect the following information from all users of the Sites:

  • When you sign up for e-mail notifications, we collect your first and last name and e-mail address.
  • When you order a Product through our Sites, we collect your name, phone number, shipping address and e-mail address as well as your payment information to complete your order.

 

Information We Collect from all users through the Sites or the App.

We collect the following information from all users of the App or Sites:

(a) Personal Data.  When you participate in one of our surveys, we may collect additional Personal Data to complete the survey. If you contact us for support regarding the Roost Services, we may collect your name, e-mail address, phone number, as well as your operating system and version, and any communications or correspondence that you send us.

 

Please note that at all times you are responsible for updating your Personal Data to provide us with your most current contact information, including e-mail address.

(b) Location Information. If you have enabled location services on your mobile device, we will collect geolocation information from Roost Owners and Monitors to determine proximity to a Device in the event of an alarm sounded by that Device. We collect location information from Roost Owners to enable Roost Owners to silence an alarm sounded by a Device. We will only share this information with our mapping provider for the sole purpose of providing you this service.

We may share your geo-location data with third parties for the purpose of them serving you ads for places in your area. If you do not wish to allow us to share your information in this manner please opt-out by contacting us at info@getroost.com

If you do not want to provide us with your location information, you can deactivate geolocation services on your mobile device.

(c) Information We Receive from Third Parties. We may receive Personal Data from third party sources. We may add this information to the information we have already collected from you directly via the Roost Services.

(d) Information for Referrals to the Roost Services. If you choose to invite a friend to use the Roost Services, we will ask you for your friend's name and mobile number. We will automatically send your friend an invitation text suggesting that your friend visit the Sites and sign up for the Roost Services. Roost stores this information for the sole purpose of sending these invitation texts and tracking the success of our referral program. Your friend may contact us at the contact information listed above to request that we remove this information from our database.

(e) Information Collected Automatically via Technology. Technologies such as Cookies may be used by Roost and our partners, affiliates or analytics or service providers. These technologies are used in analyzing trends, administering the website, tracking users' movements around the site, and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

We use cookies for our shopping cart. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. 

  • Information Collected by Our Servers . To make our Sites and Roost Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve the services we offer to you, improve marketing and site functionality.

 

We use this information to analyze trends, administer the Sites, track users' movements around the Sites, gather demographic information about our user base as a whole, and better tailor our Roost Services to our users' needs. For example, some of the information may be collected so that when you visit the Sites or the Roost Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. 

  • Mobile Services . We may also collect non-personal information from your mobile device if you have downloaded our App. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App, and information about the type of device you use. In addition, in the event our App crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our App. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual. We send you push notifications from time-to-time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.

 

(f) Third Party Analytics and Tracking.

  • How We Respond to Do Not Track Signals . We do not currently respond to "do not track" signals or other mechanisms that might enable consumers to opt out of tracking on our Website. 
  • Collection of Data by Advertisers . We may also use third parties to serve ads on the Sites or App. Regardless of whether they serve ads on our Sites or App, certain third parties may automatically collect information about your visits to our Sites or App and other websites, your IP address, your ISP, and the browser you use to visit our Sites (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags, or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Sites and the other sites tracked by these third parties. This Privacy Policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice or if you choose to opt out of tracking conducted by certain third party companies that honor such opt-outs, click here:http://www.aboutads.info/choices or http://www.networkadvertising.org.
  • Analytics Tools . We use analytics tools, such as Google Analytics, ("Analytics Tools") to help analyze how users use the Sites and App. For example, Google Analytics uses Cookies to collect information such as how often users visit the Sites, what pages they visit, and what other sites they used prior to coming to the Sites. We use the information we get from Analytics Tools only to improve the Roost Services. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Website, the Cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to the Website is governed by the Google Analytics Terms of Use and the Google Privacy Policy.

 

For more information on Google's privacy practices, please click here: https://www.google.com/intl/en/analytics/learn/privacy.html.

For information about how to opt out of Google Analytics, please click here: https://tools.google.com/dlpage/gaoptout.

  1. Use of Your Personal Data

(a) General Use. We use your Personal Data in the following ways:

  • To provide you with the Roost Services you request;
  • To facilitate the creation and administration of your Account and Profile;
  • To send an access code to your mobile device via SMS during the registration process;
  • To send you a welcome e-mail;
  • To identify you as a user in our system;
  • To respond to your inquiries or customer service requests;
  • To display the alarm and activity history and Product status related to each Device for which you are a Roost Owner or Monitor;
  • To enable Roost Owners to silence an alarm sounded by a Device;
  • To enable Roost Owners to select, invite and manage Monitors for a Device;
  • To display a Roost Owner's Monitors for each Device and connect Roost Owners with their Monitors;
  • To enable Roost Owners to contact emergency services through the App;
  • To determine the proximity of Roost Owners and Monitors to a Device in the event an alarm is sounded by the Device for response purposes;
  • To provide improved administration of our Sites, App and the Roost Services;
  • To improve the quality of your experience when you interact with our Sites, App and Roost Services;
  • To send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • To send you reminders and notifications related to the Roost Services; and
  • To send you newsletters, surveys, offers, and other promotional materials related to the Roost Services and for other marketing purposes of Roost.

(b) User Testimonials and Feedback About Your Use of the Roost Services. We often receive testimonials and comments from users who have had positive experiences with our Roost Services. We may post user feedback on the Sites from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you wish to update or delete your testimonial, you can contact us at support@getroost.com.

(c) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Roost Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

  1. Data Integrity.Roost will use Personal Data only in ways that are compatible with the purpose for which it was collected or subsequently authorized by you. Roost will take reasonable steps to ensure that Personal Data is relevant to its intended use, accurate, complete, and current. Roost depends on you to update and correct your Personal Data to the extent necessary for the purposes for which it was collected and subsequently authorized by you.
  2. Disclosure of Your Personal Data. We will share/disclose your Personal Data with third party as described below and as described elsewhere in this Privacy Policy. If we plan to use or disclose Personal Data for any purposes or to any recipient other than those described in this Privacy Policy, we will notify you prior to such use or disclosure and obtain your consent prior to disclosure.

(a) Monitors. We will share Personal Data about Roost Owners with the Monitors that the Roost Owners have selected for each Device.

(b) Roost Owners. We will share Personal Data about Monitors with the Roost Owners who invited them to act as Monitors for particular Roost Owner Devices.

(c) Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Roost Services; facilitate online shopping and process payments for Products; conduct quality assurance testing; facilitate creation of Accounts; provide technical support; and/or provide other services to Roost. These third party service providers are required not to use your Personal Data other than to provide the services requested by Roost.

Roost requires its service providers to which it discloses Personal Data and who are not subject to the laws based on the EU-U.S. Privacy Shield Framework to either (i) subscribe to the Privacy Shield principles or (ii) contractually agree to provide at least the same level of protection of Personal Data as is required by the relevant Privacy Shield principles.

If you do not want us to share your personal information with these companies, you may contact us at: support@getroost.com.

(d) Affiliates . We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (" Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.

(e) Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires the Roost business or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

(f) Other Disclosures . Regardless of any choices you make regarding your Personal Data (as described below), In certain situations, Roost may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.  Roost may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Roost; (c) to protect or defend the rights or property of Roost or users of the Sites, App or Roost Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

(g) You understand and agree that, in the event you provide Roost with Sensitive Personal Information, such Sensitive Personal Information may be processed and transferred in accordance with the terms of this Privacy Policy, and you hereby consent to such processing and transfer of your Sensitive Personal Information. "Sensitive Personal Information" includes information regarding racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership and health or sex life.

  1. Third Party Websites.Our Sites or App may contain links to third party websites. When you click on a link to any other website or location, you will leave our Sites or App and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
  2. Your Choices Regarding Information.You have several choices regarding the use of information on our Roost Services:

(a) Email Communications. We will periodically send you newsletters and e-mails that directly promote the use of our Product, App or Roost 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 e-mail you receive or by contacting us directly using the contact information provided above. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

(b) Cookies. If you decide that you no longer wish to accept Cookies from the Roost Services for any of the purposes described above, you can change your browser's settings, if your browser permits, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser's technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Roost Services or all functionality of the Roost Services. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided above.

(c) Accessing, Changing or Deleting Your Personal Data. Upon request Roost will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. You may change, correct, update any of your Personal Data in your Account by editing your profile within your Account or by contacting us directly using the contact information above. You may request deletion of your Personal Data by contacting us directly using the contact information above, and we will use commercially reasonable efforts to honor your request. We will respond to your request within a reasonable timeframe. Please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.

Will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

(d) Applications. You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. To serve ads in our App where Cookie technology is not available, Roost hashes users' device IDs. Users may choose to reset or opt out of anonymous IDs at any time. If users choose to opt out, ads delivered to the App by ad serving technology will not be served on an anonymous ID. You may at any time opt-out from further allowing us to have access to your location data by disabling location services in your smartphone settings.

  1. Third Party Shopping and Payment Processor.For online orders and payments, we use the services of Shopify (https://www.shopify.com). Roost does 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 afforded such information, please refer to https://www.shopify.com/legal/privacy.
  2. Security of Your Account. Roost uses a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We use Secure Socket Layer technology (SSL) to encrypt all data during transmission. We also will conduct compliance audits of our relevant privacy practices to verify adherence to this Privacy Policy. We require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized peop an unauthorized person, please contact us using the contact information provided above. If you have any questions about the security of your personal information, you can contact us at: support@getroost.com.
  3. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision. If we change it, we will post the then-current Privacy Policy on this page and update the "Last Updated" date above. Any non-material changes to this Privacy Policy will be effective as of the day they are posted. If we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Sites. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Sites. These changes will be effective immediately for new users of our Roost Services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Sites, App or Roost Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Contact Us

If you have any questions about this Privacy Policy, please contact us at support@getroost.com.le. If you discover or suspect that your password has been disclosed or accessed by

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