Curb Privacy Policy

This Privacy Policy describes Curb, Inc.’s (Curb,” “we”, “our” or “us”), its affiliates’, and subsidiaries’ (collectively “Curb”) practices regarding the collection, use, storage, sharing, and safeguarding of your information collected from any Curb-operated products and services including, without limitation, our website and mobile application. By using any Curb-operated products and services, including our website and mobile application, you are accepting and consenting to the practices described in this policy.

Changes to this Privacy Policy

Curb may make changes to this Privacy Policy. The most current version of the Privacy Policy will govern Curb’s use of information about you and will be located at http://energycurb.com/privacy/.  If Curb makes material changes to this Privacy Policy, Curb will notify you by posting a notice on our website and/or sending an email to the address Curb has on file for your account, if applicable. Please ensure this address remains current so you will receive updates.

Categories of Personally Identifiable Information that Curb Collects

Curb may collect information that you provide to Curb in connection with your use of our products and services when you:  (A) register as a user of our products and services; (B) make changes to your user profile information; (C) send email messages, forms, or other information to Curb or other users using our products and services; (D) install, use or otherwise interact with our products and services; or (E) when you place orders for other products and services through our services. This information may include your first and last name, your address, email address, telephone number, your location, your Third-Party Account information (as provided below) and any additional information you provide to Curb during the account registration process or via our products and services.

Curb may allow you to sign up to and/or access our products and services using third-party operated accounts such as your social media accounts Facebook, Twitter and Google+ account and accounts you create with third-party products and services such as SmartThings, Nest, Schneider Electric, Square-D, Wiser, ADT and HomeKit (collectively, “Third-Party Accounts”).  These Third-Party accounts may ask your permission to share certain information from your Third-Party Account with Curb.  We use this information to verify your identity as well as to provide you with features of our products and services and includes your first name, last name, email address, your profile information and your preferences with the applicable Third-Party Account.  This information is collected by the Third-Party Account provider and is provided to Curb under their privacy policy.  You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.

For more information about Third-Party Accounts’ privacy settings and data policies, please see their respective terms of service and privacy policies.

If you signed up using a Third-Party Account by mistake, you can delete your account at any time by emailing us at support@energycurb.com.

Curb may also collect certain technical information about your use of our products and services. This technical information may include technical information about your device(s), browser type and version, geo-location information, computer and connection information, statistics on page views, traffic to and from our products and services, ad data, Wi-Fi connection information, internet protocol (“IP”) address, and standard web log information.

When you make a payment to Curb or a third-party service provider through our payment page, we may collect information from you in order to properly process your payment.  This personal information may include your name, address, phone, email address, your credit card information and payment amount.  [We use Payment Card Industry (“PCI”)-certified third-party payment services and do not store your credit card information on our servers.]  For more information, please refer to the section in this policy entitled “Categories of Third-Party Persons or Entities With Whom Curb May Share Your Personally Identifiable Information.”

Additionally Curb may collect information related to your energy usage at home or work and related information.  We collect this information from (a) submissions from you, when you fill out forms related to our products and services, (b) your devices and (c) our hardware and software that may be installed in your home or business.  The information we collect about you and your home or business may include information about the size of your property, the number and types of rooms in your home or business, the number of occupants, the age of the occupants in the home or business, the floor plan of your home or business, the square footage of your home or business, your energy service provider plan, the type and number of appliances in your home or business and Application Programming Interface (“API”) connections to other smart phone and/or smart home products and services.  Additionally, Curb may collect descriptions of each circuit in your home or business, including phase, grouping category (mains, power, solar, etc.) and a description of the use of the circuit (Refrigerator, Living Room, etc.), entered either by you or an Installer (as described below).  We may collect information related to the usage of the circuits in your home or business such as electrical data, amperage, frequency, power and voltage.

How Curb Collects Your Information; Tracking and Cookies

When you register for an account with Curb, or when you install Curb’s products and services in your home or business, we may ask you to provide us with certain information in order to create your account, and to provide you with our services, such as your contact information, your Curb product information and information about your home or business.  This information is collected by us when you fill out forms that may be provided to you through our mobile application.

In addition, in order to provide you with our products and services, we often interact with third parties and use the services of third parties.

Curb may interact with third-party service providers that install Curb products in your home or business (“Installers”).  These Installers may provide us with information about you and your home or business including descriptions of the circuits in your home or business, and photographs of your breaker panels.  Installers may transmit this information to Curb using Curb’s mobile application.

Curb, and third parties we interact with, including our third-party service providers, may use cookies, web beacons, local shared objects (sometimes called “flash cookies”), and similar technologies in connection with your use of our products and services to provide and support our products and services (collectively referred to in this policy as “Cookies”). Cookies are small data files that may have unique identifiers, and reside, among other places, on your mobile device, in emails we send to you, and on our applications.  Locally shared objects or “flash cookies” are data files that can be created on your computer by the websites you visit and are a way for websites to store information for later use. Locally stored objects are different than cookies because they are stored in different parts of your computer than cookies. Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data.

If Cookies are used, they may be used to collect information about you and your use of our products and services, such as your browser type, preferences, data relating to content that has been displayed to you or that you have clicked on, and the date and time of your use. Cookies may also be used in order to further features and processes on our products and services, provide authentication and security for your transactions using our products and services, store your preferences, facilitate relevant advertising, and help us learn more about how users engage with our products and services.

We sometimes use service providers to help us provide certain products and services or to integrate other features.  These third-party providers may collect information when you view or use them, including information about you and your device or browser. They may do this using Cookies or similar technologies.  These third-party providers also may use these technologies to help share information with us, like how you use their website or application. To learn more about the information they collect or receive, review their privacy policies.

For example, we work with a service called Google Analytics provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use our website. The information generated by these cookies (including your truncated IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your, and other users’, use of our products and services, compiling reports for us about how you and others use our products and services and providing other services relating to activity on our products and services and Internet usage. Please note that Google only receives your truncated IP address. This is sufficient for Google to identify (approximately) the country from which you are using our products and services, but is not sufficient to identify you, or your computer or mobile device, individually.  Google’s privacy policy is found here: https://support.google.com/analytics/answer/6004245.

You can use the settings within your browser to control the cookies that are set on your computer or mobile device. However, please be aware that cookies are important to many aspects of our products and services – if you set your browser to reject cookies, you may not be able to enjoy all of the features of our products and services. To find out how to see what cookies have been set and how to reject and delete cookies, please visit http://www.aboutcookies.org.

To opt-out of analysis by Google Analytics on our products and services and other services, please visit http://tools.google.com/dlpage/gaoptout.

How Curb Uses Your Personally Identifiable Information

Curb may use information that Curb collects about you to:  (A) provide access to our products and services to communicate with you; (B) personalize, customize, measure, and improve Curb’s products, services, content, and advertising; (C) prevent, detect, and investigate potentially prohibited or illegal activities or a breach of the applicable agreement(s) between you and Curb; (D) analyze the accuracy, effectiveness, usability, or popularity of our products and services; (E) generate and review reports and data about Curb’s user base and product and service usage patterns; (F) compile aggregate data for internal and external business purposes; (G) resolve disputes and troubleshoot problems; and (H) contact you with information, including promotional, marketing, and advertising information and recommendations that Curb believes may be of interest to you.  Consistent with applicable laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email.  We may still send you administrative notices, however.  Additionally, Curb may use information to (1) present your electrical usage data to you, typically in graphical form; (2) install and update existing Curb products and services, including those located or used in your home or business; (3) identify particular devices and electrical usage patterns and present such information to notify you and help you understand the electrical usage in your home or business; and (4) automate control of other devices and products in your home or business, such as controlling the temperature in a room or turning appliances on and off.

Categories of Third-Party Persons or Entities With Whom Curb May Share Your Personally Identifiable Information

Curb may disclose the information we collect from you to the following third parties:

Users of the Service; Public Information. When you share information with us via our products and services, Curb may share your information with other users, in accordance with the privacy settings you have chosen for your account or that are applicable to that information. To the extent you share any information with a public audience or via a publically accessible portion of our products and services, that information will be available to anyone.

Third-Party Account Integration. When you use our products and services, we may share information about you with Third-Party Account providers.  Please refer to the section entitled “Categories of Personally Identifiable Information that Curb Collects” for more information.

Credit Card Processing Services.  [When you make a payment to Curb through our payment page, we may collect credit card information from you in order to properly process your payment.  We do not store your credit card information on our servers and no one at Curb can access your credit card information.  All credit card information that you share with us is maintained by [PAYMENT PROCESSOR], our payment processing merchant.  We use industry standard encryption techniques and methods to protect all information sent to [PAYMENT PROCESSOR]’s servers.  Once your information reaches [PAYMENT PROCESSOR], it resides on a [PAYMENT PROCESSOR]server that is protected both physical and electronically.  You can learn more about [PAYMENT PROCESSOR]’s security practices here: [LINK].  You can learn more about [PAYMENT PROCESSOR]’s privacy policy here: [LINK].][Please confirm this information is correct.  Please provide additional information about the payment processor]

Curb’s Service Providers. Curb may share your information with third-party contractors, agents, collaborators, or service providers who provide certain services to Curb or on Curb’s behalf, such as operating and supporting our products and services, including Installers.

Companies that Acquire Curb’s Business or Assets. If Curb becomes involved in a merger, acquisition, sale of assets, securities offering, bankruptcy, reorganization, or dissolution or if the ownership of all or substantially all of Curb’s business relating to our products and services otherwise changes, Curb may provide your information to a third party or parties in connection with the applicable transaction.

Curb’s Affiliates. Curb may share some or all of your information with Curb’s parent company, subsidiaries and corporate affiliates, joint venturers or other companies under common control with Curb.

Switching service provider. Curb may request your information from your previous service provider, which we need to provide our services to you. Alternatively, Curb may pass on your information to a service provider that you have chosen to replace Curb.

Aggregate Information. Curb may share information relating to our visitors and users with affiliated or unaffiliated third parties on an aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this information with other data they have about you, or that they receive from third parties, in a manner that allows them to associate this aggregated data with your personal data.  For example, we may share aggregate information with partners that wish to sell our products and services.  Additionally, we may share aggregate data with energy providers, solar energy installation service providers and other installation service providers, including Installers relating to any of our products and services that these third parties have installed, used or sold.

Legal Requirements. Curb may share your information with law enforcement, governmental agencies, or authorized third parties, in response to a request relating to a criminal investigation or alleged illegal activity or any other activity that may expose Curb, you, or any other Curb user to legal liability, or to protect Curb’s rights or property, or during emergencies when safety is at risk. Curb may also share your information in response to court orders, subpoenas, or other legal or regulatory requests, and Curb may provide access to your information to Curb’s legal counsel and other consultants in connection with actual or potential litigation.

Your information may also be disclosed to third parties in unforeseeable situations or situations that are not preventable even when commercially reasonably protections are employed, such as in the case that Curb or if our products and services are subject to a hacking or other attack.

Do Not Track

You may be able to adjust your browser settings or other settings so that “do not track” requests are sent to our websites and mobile applications. However, Curb will not disable tracking technology that may be active on our services in response to any “do not track” requests that are sent to our services.

Links

Curb’s website or mobile application may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Personally Identifiable Information About Your Online Activities Over Time and Across Different Websites

Curb permits third parties to collect personally identifiable information about your online activities over time and across different websites when you use our products and services in order to (A) help us analyze the accuracy, effectiveness, usability, or popularity of our products and services and (B) help us contact you with information, including promotional, marketing, and advertising information and recommendations that may be of interest to you and to track how effective those recommendations are.  For more information about how these third parties collect your personally identifiable information, please see the section entitled “How Curb Collects Your Information; Tracking and Cookies.”  For more information about how we use this information, please see the section entitled “How Curb Uses Your Personally Identifiable Information.”

Security

Curb takes reasonable measures to protect the information you provide to Curb or submit through our products and services against misuse, loss, theft, unauthorized use, disclosure, or modification.  Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Accessing, Changing and Managing Your Information.

Changing or Updating Your Information. You can access or change your personal profile and contact information or delete your account through your Curb account settings page. If you choose to delete or deactivate your account, you can no longer retrieve your content or reactivate your account.

Retention of Your Information. We retain information about you only for as long as it is necessary and relevant for Curb’s operations. Information about you that is no longer necessary and relevant for Curb’s operations will be disposed of securely. Curb may also retain information collected from you to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted by law or disclosed in this Privacy Policy.

Notice of Privacy Rights to California Residents

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, information related to the personal information disclosed by Curb to third parties for direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing Curb at legal@energycurb.com.

Notice to Residents of the European Economic Area (EEA)

We share EEA Data with our subsidiaries, affiliates and contractors, who process EEA Data on behalf of Curb, according to EU-approved standards. We may also share EEA Data with other third parties for the purposes for which we receive the EEA Data (e.g., performance of contractual obligations and rights), and we may also disclose EEA Data where we are legally required to disclose (e.g., under statutes, contracts or otherwise) or the disclosure is permitted by law and we have a legitimate business interest in such disclosure.

With respect to marketing emails, EEA Persons may opt-out of receiving further email marketing communications from Curb by sending an email to support@energycurb.com or by following opt-out instructions that are contained in each marketing email. EEA Persons may also send an email to this address to ask to opt-out of disclosures to third parties, but such a limitation on data sharing may make it difficult or impossible for us to provide the requested services.

Contact

If you have questions or complaints regarding Curb’s Privacy Policy or practices, please contact Curb at legal@energycurb.com.

Effective as of April 1, 2017