Privacy Notice
& Legal
Keeping your data safe.
Eamberlaneway’s Promise.
At Eamberlaneway, we want to transform lives. To do so, we need to have your trust. You have invited us into your home, and we promise to keep earning your trust year after year.
Here's how we protect your privacy:
Your personal information and
data belong to you.
You have the right to your Personal Information and Device Data at any time, and to be forgotten if you choose. If you would like to manage or delete your Eamberlaneway data, please fill out our Personal Information form or visit Profile settings in your Eamberlaneway app.
We look after your data like we would our own through its entire lifecycle. Personal Information is only sent or stored on third‑party systems when they abide by these principles.
If we don’t have your data, we can’t lose it or mishandle it. We collect only what is needed to deliver our services and prevent unauthorized access. When data is no longer needed, we delete it.
Privacy Notice
Last revised: November 14, 2024.
Effective date: November 27, 2024.
Introduction
Eamberlaneway Technologies ULC, Eamberlaneway Ltd., and our respective, subsidiaries, affiliates, agents, successors, and assignees (“Eamberlaneway” or collectively, “we”, “us”, or “our”) respect your concerns about privacy and strive to offer you transparency and choice. This Privacy Notice is intended to describe how your personal information is collected, used, and disclosed, and we will make every effort to ensure that our activities are consistent with the spirit of this Privacy Notice. Please read this Privacy Notice carefully to understand our practices regarding your personal information. By (i) using an Eamberlaneway Internet-enabled residential or commercial thermostat or other Eamberlaneway Internet-enabled product, such as an Eamberlaneway SmartCamera or Switch+ (individually or collectively, “Eamberlaneway Product”); (ii) visiting or using Eamberlaneway’s website located at www.eamberlaneway.xyz, including the Eamberlaneway web portal (the “Eamberlaneway Website”); or (iii) using an Eamberlaneway mobile application, including use of eco+ (an “Eamberlaneway App,” and together with the Eamberlaneway Products and Eamberlaneway Website, the “Eamberlaneway Services”), you acknowledge you have reviewed the practices described in this Privacy Notice.
California residents can read more about our information practices and their privacy rights in the Supplemental U.S. State Notice section below.
This Privacy Notice describes and applies to personal information (as defined below) that we collect on or in connection with the Eamberlaneway Services and in texts, calls, emails, and other electronic communications sent through or in connection with the Eamberlaneway Services. Except as otherwise provided in this Privacy Notice or as required by applicable law, this Privacy Notice does not apply to information that is collected by any third-party, website, or app other than the Eamberlaneway Services. If you visit a third-party website or app that we mention or link to, be sure to review that party’s privacy policy, as that privacy policy will apply to your interactions with that website or app.
We also are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations or any other app developer, app provider, operating system provider, wireless service provider, or device manufacturer, including personal information you disclose to other organizations through or in connection with your use of the Eamberlaneway Services.
Except as otherwise provided in this Privacy Notice, "personal information" is information that identifies, relates to, describes, is capable of being associated with, or otherwise could reasonably be linked, directly or indirectly, with you. "Personal information" does not include information which is generally not considered "personal information" under applicable law or is otherwise exempted under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations, or information not otherwise considered "personal information" under applicable law.
The Eamberlaneway Services are not directed to nor intended for use by children under 16 years old (a "Child" or "Children"). We do not knowingly collect personal information from Children. Children are not authorized to use the Eamberlaneway Services. If you are a Child, please do not use the Eamberlaneway Services or provide any personal information to, on, or through the Eamberlaneway Services. If we learn we have collected or received personal information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us by any of the methods listed in the How to Contact Us section below.
Below is a description of the types of information we may collect from you and how we collect that information. We may also describe how certain information is used or disclosed.
For certain Eamberlaneway Services, we need to collect personal information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information as outlined in this Privacy Notice.
a. Eamberlaneway Website Visitors
Every computer connected to the Internet is provided with a domain name (e.g. someispname.net) and an IP Address (e.g. 192.164.13.145). When you visit a page on the Eamberlaneway Website, we automatically gather and log the following information, some of which may constitute personal information:
Your IP address;
The IP address of the website that may have referred you or that you may have linked to us from, if any;
The product identifier for version and make of your browser (e.g. Internet Explorer®);
The operating system platform that you may be running (e.g. Macintosh® or Windows®);
Search words or terms that are passed from a search engine (e.g. Google® or Yahoo!®); and
Information readily available and stored in your Adobe® Flash ‘System.Capabilities’ object.
We collect this information for two main purposes. First, Eamberlaneway has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for visitors with various browsers and operating systems that visit the Eamberlaneway Website. Second, by analyzing visitor traffic and visitation patterns, referring URLs and search engine terms, we can strategically enhance internet presence.
To allow the Eamberlaneway Website to work properly and provide you with a personalized experience, we sometimes place cookies on your device.
You can choose whether to accept or reject cookies by changing the settings of your browser. Typically, by accessing the browser’s help feature, you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience on the Eamberlaneway Website and other websites may be diminished and some features may not work as intended.
b. Eamberlaneway Web Store
If you purchase something, such as an Eamberlaneway Product or accessory direct from Eamberlaneway, we require the customary information to allow us to complete the purchase. Depending upon the method of payment and your location, the required information may include:
Name;
Billing address (for credit card orders);
Shipping address;
Email address;
Phone Number; and
Credit card information (for credit card orders).
This information will be processed by our online shopping cart provider and our third-party payment processor. We use shopping cart features that seek to safeguard this information.
If you purchase your Eamberlaneway Product as part of, or choose to participate in, an electricity usage or demand response program relating to grid stabilization or demand management, or an energy market program or environmental credit program (collectively, “Utility Programs”), your name, address, contact information, and other information relating to your purchase may be forwarded to your utility provider (“Utility”), Regional Transmission Organization, Independent System Operator, state agency, regulator, or third-party partners or implementors (with your Utility, individually or collectively, “Program Administrators”). Program Administrators may use your personal information for their own purposes, including in order to verify your eligibility in the Utility Program, installation details, and for any potential rebates or other participation rewards.
If you select an installation option as part of your purchase (available in certain areas only), your name, address, and contact information may be forwarded to Eamberlaneway’s installation partner to facilitate the installation of your purchased Product(s).
c. Eamberlaneway Product Users
In order to register your Eamberlaneway Product on the Eamberlaneway Website or Eamberlaneway App and create an Eamberlaneway account (“Eamberlaneway Account”), you will provide an email address to associate with your Eamberlaneway Account, and when you install your Eamberlaneway Product, you’ll be asked for personal information like your name, home address, ZIP code, utility name, utility account number, and utility rate structure (if provided), as well as home characteristics (age, number of floors, type of heating, etc.) (together with your email address, “Eamberlaneway Account Data”). Once your Eamberlaneway Account is active, you can remotely view and control your Eamberlaneway Product from the Eamberlaneway Website or Eamberlaneway App.
Your Eamberlaneway Product collects environmental data, such as temperature and humidity, as well as operational data, such as thermostat runtime data and temperature set points from your HVAC equipment. Some Eamberlaneway Product models may collect additional types of data, such as motion sensing (i.e., “occupancy sensing”). Depending on your Eamberlaneway Product model, your Eamberlaneway Product may also collect data from remote sensors in addition to the Eamberlaneway Product itself. Our Eamberlaneway Products, through machine learning with both on-device and remote processing, environmental sensors, operational HVAC information and usage data, and occupancy sensing data, seek to minimize energy usage when you are home or away. Collectively, this is known as “Eamberlaneway Product Data.” For Eamberlaneway Smart Security users, occupancy sensing data can be used to arm or disarm your home monitoring solution. To enable these remote functions, your Eamberlaneway Product transmits encrypted Eamberlaneway Product Data to the Eamberlaneway Website. The Eamberlaneway Product Data is stored on the Eamberlaneway Website to provide you with historical reports.
We use both Eamberlaneway Product Data and Eamberlaneway Account Data to enable you to make more intelligent decisions about how to manage your heating and cooling, and to reduce your energy bills. We may also aggregate your Eamberlaneway Product Data with Eamberlaneway Product Data from other homes in order to create reports and benchmarks and to allow you (and others) to compare energy usage, on a deidentified basis, with similar homes. Eamberlaneway may also send you information and reports regarding your Eamberlaneway Product’s operations, software updates, energy-savings opportunities, or promotions directly on the Eamberlaneway Website, through the Eamberlaneway App,or via email.
You can delete your Eamberlaneway account and associated Eamberlaneway Account Data, as well as Eamberlaneway Product Data, by deregistering your Eamberlaneway Product(s) using the Eamberlaneway Website or directly through the Eamberlaneway Product.
d. Eamberlaneway App users
In addition to the information we collect when you create an Eamberlaneway Account, when you use the Eamberlaneway App we may collect mobile device identifiers, app usage data, mobile device location, and Bluetooth data.
e. Mailing List and Social Communities
If you register for one of our mailing lists or online communities, we may use your email address to send you updates such as announcements, news, and information regarding new products or services. You have the option of unsubscribing at any time by clicking “Unsubscribe” at the bottom of any email from Eamberlaneway or by contacting us as provided in the How to Contact Us section below.
If you initiate specific communications to the Eamberlaneway staff through one of our social community sites, you will be required to provide specific information that will be routed to the appropriate contact within Eamberlaneway, who will respond to your communication.
f. eco+ and Utility Programs
eco+ works by monitoring your energy use, the usage rate structure of your Utility, and any Utility Programs. When you activate eco+, you will automatically be enrolled in demand response programs and events initiated by Program Administrators relating to grid stabilization or demand management (“Default Community Energy Savings Programs”). You may be eligible to participate in additional demand response programs offered by Program Administrators, which may require you to accept additional terms and conditions and may offer you incentives to enroll and participate in the program (“Additional Community Energy Savings Programs,” and together with Default Community Energy Savings Programs, “Community Energy Savings Programs”).
In order to operate and make eco+ available, including the Community Energy Savings Programs, Eamberlaneway collects certain information from you and discloses this information to Program Administrators who may use this information for their own purposes. Eamberlaneway Account Data and Eamberlaneway Product Data collected and disclosed by Eamberlaneway to your Program Administrators may include Eamberlaneway Account Data, Eamberlaneway Product Data, and your thermostat serial number, while personal information collected and disclosed by Program Administrators to Eamberlaneway may include your name, your address, your Utility account number, Utility account information, your utility meter ID, and utility meter data. Subject to any applicable law, your personal information may be used to assess your eligibility to participate in Utility Programs; verify your participation in Utility Programs; assist in decision making relating to energy production, grid stability, and conservation; and provide demand response, energy measurement, and verification services to Program Administrators or the applicable governing regulatory body. Eamberlaneway may also use the data disclosed to it by Program Administrators to improve the Eamberlaneway Services.
The Program Administrators may also use your Eamberlaneway Account Data, Eamberlaneway Product Data, and electricity use in order to make intelligent decisions relating to electricity production and conservation, and to provide Evaluation Measurement and Verification (“EM&V”) reports and services. Data contained in these EM&V reports and services may be disclosed to the appropriate utility system implementors and regulators as part of the Utility Program. Eamberlaneway may also use this data to improve its services, including the Utility Program. The Program Administrators may also deidentify and aggregate your data with data from other homes and use that data for their own purposes.
Note that Eamberlaneway may receive consideration from Program Administrators for successfully enrolling you in eco+ programs. More information can be found in Eamberlaneway’s Terms of Service available at Privacy-Policy-and-Legal
g. Voice Services
Certain Eamberlaneway Products are capable of being voice-controlled using certain third-party services when you link your third-party service to your Eamberlaneway Product (e.g., Alexa Voice Service (AVS) provided by Amazon Digital Services LLC (“Amazon”) or Siri provided by Apple, Inc.). When you enable voice-control on your Eamberlaneway Product, your Eamberlaneway Product continuously listens for “wake words.” When the Eamberlaneway Product hears one of these wake words, it will initiate a brief audio recording and transmit that recorded message to the third-party service for voice recognition processing. Use of third-party voice-control services governed by the third-party's respective terms of use. Any information you provide to the third-party via your Eamberlaneway Product will be treated in accordance with the third-party's privacy notice, not this Privacy Notice. Eamberlaneway does not have direct access to, or retain any copies of, your audio recordings. When your voice-control-enabled Eamberlaneway Product is in private mode, it is not listening for wake words, and no recorded messages are sent to the third-party service.
h. Video Services
Eamberlaneway SmartCameras and Smart Doorbell Cameras can stream and store recorded audio and video in the cloud. Video and audio recordings are processed directly on your SmartCamera and stored on the cloud for 30 days. All recordings and snapshots that are saved to the cloud are visible in the Eamberlaneway App, so you know exactly what clips have been sent and saved. When you delete a video from the Eamberlaneway App, it will also erase that video from the cloud. For Eamberlaneway Smart Security customers, your SmartCamera and Smart Doorbell Camera can also be used to determine occupancy in order to determine when to enable or disable your home monitoring system.
i. Product Subscriptions
We provide subscription services for some of our products, which allows you to receive these products on a regular schedule.
j. Other Third Parties
We partner with certain marketing and other third parties to assist us in providing the Eamberlaneway Services. For more information about the collection, use, transfer, and disclosure of your personal information and your available rights as it relates to these third parties, please visit the third party’s privacy policy.
The technician that installs your Eamberlaneway Product may link their business contact information with your Eamberlaneway Product. The technician information, if entered, can be found in the "Main Menu > My Eamberlaneway Pro", on the thermostat itself. Through the web portal, it can be accessed electing "View full details > About > My Contractor in the Eamberlaneway Website. From time to time, we may send maintenance reminders or promotional offers regarding your Eamberlaneway Product(s). Technicians that are linked to your thermostat will recieve alerts and reminders from the thermostat to allow them to better service your HVAC equipment.
Your Eamberlaneway Product may also forward operational and diagnostic information from compatible HVAC equipment (furnace, air conditioner, etc.) to the contractor web portal, if the communicating functionality is enabled. You can remove yourself from your technician’s list by selecting "Main Menu > My Eamberlaneway Pro > Remove Eamberlaneway Pro", and through the web portal, by selecting "View full details > About > My Contractor > Remove Contractor.
Eamberlaneway Products are capable of communicating and integrating with a growing number of third-party devices, applications, and services, such as Apple HomeKit and IFTTT. If you enable integration with a third-party device, application, or service, you agree to disclose your Eamberlaneway Account Data and Eamberlaneway Product Data to that third party who may use this data for its own purposes. A different privacy policy will apply to your interactions with such device, application, or service.
Beyond the specific purposes described in the Information We Collect and How We Collect Information section, we may use any of the personal information that we collect about you or that you provide us (based on your consent when we are legally required to obtain it):
To provide you with the Eamberlaneway Services, all related content, and any other information, products, or services that you request from us.
To create, manage, maintain, and secure your Eamberlaneway Account and to provide you with notices about your Eamberlaneway Account.
To communicate with you and to process your requests, purchases, and payments.
To notify you of changes or additions to any products or services we offer.
To market to you, including providing you information about our affiliates’ products and services.
To customize your experience and provide you with targeted advertising based on your online activity and inferred interests.
To offer and manage sweepstakes, contests, or other promotions, including providing your information to third party sponsors of our sweepstakes, contests, or promotions. We may also disclose the list of names of winners publicly on the Eamberlaneway Website or otherwise in accordance with any applicable rules at the time of entry.
To help maintain the safety, security, and integrity of the Eamberlaneway Services, as well as our products, services, databases, and other technology assets.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
For testing, research, analysis, and product development, including to understand our audience, develop and improve the Eamberlaneway Services, as well as our customer service, products, and services.
To respond to law enforcement requests and, as required by applicable law, court order or governmental regulations.
To evaluate, negotiate, or conduct an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, other sale or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which case the personal information held by us about our users and customers will likely be among the assets transferred.
To fulfill any other purpose for which you provide it.
For any other purpose with your consent.
We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws or until you withdraw your consent (where applicable). To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
We may disclose any of the personal information that we collect or that you provide us:
To our subsidiaries and affiliates.
To contractors, service providers, advisors, and other third parties (including technicians) we use to support our business.
To Program Administrators in relation to eco+.
To data analytics providers to help us market, troubleshoot, and provide information about the Eamberlaneway Services.
To third party sponsors of sweepstakes, contests, or promotions in accordance with any applicable rules provided at the time of entry. Additionally, we may post winner’s names publicly on the Eamberlaneway Website.
To marketing providers that help us target advertisements to individuals who may be interested in learning more about the Eamberlaneway Services and who help us supplement personal information we already have about you.
To an actual or prospective buyer or other successor in the event of an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
To fulfill the purpose for which you provide it.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Eamberlaneway, our customers, or others.
For any other purpose disclosed by us when you provide the information.
With your consent.
By registering your Eamberlaneway Product and providing an email address during the Eamberlaneway Account creation process, we may from time to time send you HVAC alerts and reminders, notices about software updates, energy savings advice, news about Eamberlaneway Products and Services, customer feedback or surveys, and news about our affiliate’s product offerings. For more information about our parent and affiliates’ products and services, click here. In addition, by checking any consent box provided, you agree to receive digital and electronic communications from us. These communications may be related to your purchase or incomplete purchase of our Products and Services
All communications that we provide to you electronically will be provided either (i) directly to any email address provided by you; (ii) on our Website, (iii) through our App,, (iv) directly by push notification, provided by you in your online account, and (v) similar other communication channels as deemed relevant by us. WE MAY USE SUCH MEANS OF COMMUNICATION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR COMMUNICATIONS SENT VIA OTHER MEANS. You may withdraw your consent to electronic communications by contacting us as provided in the How to Contact Us section below.
You can disable emailed HVAC alerts and reminders using the Eamberlaneway App and can opt out of receiving email communications by clicking “Unsubscribe” at the bottom of any email from Eamberlaneway or by contacting us as provided in the How to Contact Us section below.
We strive to provide you with as many choices as possible regarding the personal information you provide to us. You may use the following options to control your information:
Account Access – You can review, change, and remove some of your personal information by logging onto the Eamberlaneway Website or Eamberlaneway App and visiting your account profile page to review, change, or remove your personal information, or to delete your account.
Access, Change, Correct, or Delete – To the extent permitted or required by law, you may also access your personal information or request to have your personal information changed, corrected, or deleted by contacting us as provided in the How to Contact Us section below. We will make reasonable efforts to comply with your request unless we have a business or legal purpose to decline your request. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical.
Tracking Technologies – You can refuse or disable cookies by setting your browser to refuse, delete, or disable cookies, or to alert you when cookies are being sent. If you refuse, delete, or disable cookies, some parts of the Eamberlaneway Services may then be inaccessible or not function properly.
Device Permissions – Mobile devices offer permission systems for specific types of device data and notifications, such as phone contacts, pictures, location, and push notifications. You can change your settings on your device to either consent to or refuse the collection or processing of the corresponding information or the display of the corresponding notifications. If you disable or refuse certain permissions, the Eamberlaneway Services may then be inaccessible or not function properly.
Google Analytics – You can opt out of having your activity available to Google Analytics by installing the Google Analytics opt-out add-on. For more information, visit https://tools.google.com/dlpage/gaoptout
Mouseflow - This website uses Mouseflow (https://mouseflow.com), a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can opt-out at: https://mouseflow.com/opt-out/
Promotional Offers from Us – If you do not wish to have your contact information used by us for promotions, you can opt-out by unsubscribing from any emails you receive from us. Additionally, you can also always opt-out by contacting us as provided in the How to Contact Us section below.
We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website, https://thenai.org/opt-out. Similarly, you can opt-out of receiving targeted ads from members of the Digital Advertising Alliance ("DAA") on the DAA's website, https://www.privacyrights.info. Canada residents can opt-out through the Digital Advertising Alliance of Canada Opt-Out Tool, https://support.google.com/analytics/answer/181881?hl=en.
If you are a resident of certain jurisdictions (e.g., California, Canada), you may have additional rights and choices regarding your personal information. Please see below for additional information.
We implement various physical, administrative, and technical safeguards in accordance with industry standards to protect the security of your personal information both online and offline. However, the safety and security of your information also depends on you. Where you have a password for access to certain parts of the Eamberlaneway Services, you are responsible for keeping this password confidential. Please do not share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted to the Eamberlaneway Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Eamberlaneway Services.
Unless we request it, we ask that you not send us, and you not disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health information, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Eamberlaneway Services.
Eamberlaneway is the data controller for the data collected (including Eamberlaneway Product Data and Eamberlaneway Account Data) in connection with the use of Eamberlaneway Services worldwide. Personal information and Eamberlaneway Product Data is processed in either the United States or Canada for the purpose of providing, customizing, and improving the functionality of the Eamberlaneway Services, as well as for any related support, and as provided in Section 4 of this Privacy Notice.
We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as the law in your jurisdiction. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. We will continue to protect your personal information in accordance with this Privacy Notice, and whenever we engage a service provider, we seek to require that its privacy and security standards adhere to this Privacy Notice and all applicable privacy law.
If you agree to participate in Eamberlaneway’s Donate Your Data program, you will be anonymously sharing your Eamberlaneway Product Data with Eamberlaneway’s research partners. Your personal information will not be involved. For more information, see www.eamberlaneway.xyz.
We reserve the right to review and revise this Privacy Notice from time to time, without prior notice, subject to any applicable legal requirements to notify you or obtain your consent. The date this Privacy Notice was last reviewed or revised is noted at the top of the page. You are responsible for periodically visiting this Privacy Notice to check for any changes. Your continued use of the Eamberlaneway Services following the posting of changes constitutes your acceptance of such changes.
To exercise your privacy rights, ask questions, or comment about this Privacy Notice and our privacy practices, you may contact us:
Via email at best@eamberlaneway.xyz;
Via phone at 877-932-6233; or
Via mail at Eamberlaneway, 207 Queens Quay W, Suite 600, Toronto ON, M5J 1A7, Canada.
This Supplemental U.S. State Notice applies exclusively to visitors and users of the Eamberlaneway Services who reside in certain U.S. states with comprehensive privacy laws, such as California, Colorado, Connecticut, Virginia, or Utah. This section is intended to satisfy our requirements under those states’ respective privacy laws (collectively, “State Privacy Laws”).
Notice at Collection. The following sub-sections below, read together, are intended to comply with our obligations for Notice at Collection under the California Consumer Privacy Act (“CCPA”): “Categories of Personal Information We May Collect, Disclose, or Sell/Share”, “Purposes of Collection, Use, and Disclosure”, and “Retention”.
Scope. This section applies to “personal information”, or “personal data” as defined under State Privacy Laws, whether collected online or offline, in our capacity as a business or controller. This section does not address or apply to our handling of publicly available information or personal information that is otherwise exempt under State Privacy Laws. This section also does not apply to personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of Eamberlaneway; different notices apply.
Categories of Personal Information We May Collect, Disclose, or Sell/Share. Click here to view information about the categories of personal information that we may collect and disclose to others for a business or commercial purpose (and have collected/disclosed in the prior 12-months), and information about our “selling” and “sharing” of personal information.
State Privacy Laws such as the CCPA define “sale” as disclosing or making available personal information to a third party in exchange for monetary (or other valuable) consideration. The CCPA defines “sharing” as disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising, whereas other State Privacy Laws consider this to be “Targeted Advertising.” We may be considered to be “selling” or “sharing” personal information solely because of our use of third-party advertising and analytics cookies and tools on our Websites and because of our disclosure of certain Eamberlaneway Product user data to third parties for their own marketing purposes. Please note that we do not sell or share personal information about individuals we know are under sixteen.
Sources of Personal Information. In general, we may collect the categories of personal information identified in the table above from the following categories of sources:
Directly from individuals;
Government agencies or public records;
Vendors and service providers;
Data brokers or business partners;
Data analytics providers and advertising networks;
Social media platforms;
Internet service providers and operating systems & platforms; and
Business customers and clients.
For more information, please see the Information We Collect and How We Collect Information section above.
Purposes of Collection, Use, and Disclosure. As more fully described in the How We Use Information section above, in general, we may collect, use, disclose, and otherwise process personal information for the following business or commercial purposes and as otherwise directed or consented to by you:
To provide the functionality of the Eamberlaneway Services and to fulfill your requests;
To create and maintain your Eamberlaneway Account;
To communicate with you;
To notify you of changes to our products or services;
To market to you;
To maintain the safety, security, and integrity of the Eamberlaneway Services;
To complete or enforce contracts or other rights;
For research and development;
To comply with the law, including responding to requests from authorities;
For business restructuring purposes;
For any purpose for which you provide information;
Otherwise with your consent.
Please note that, for de-identified information, we will maintain and use de-identified information in that form and not attempt to re-identify it, except to test and analyze our de-identification processes.
Retention. We retain the personal information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection. For more information, please see the Data Retention section above.
Sensitive Personal Information. We use and disclose sensitive personal information, namely, precise geolocation information collected from our app users, to obtain insights and for analytics purposes. As part of this, we may disclose sensitive personal information to analytics providers. We also use and disclose sensitive personal information as reasonably necessary.
Privacy Rights. State Privacy Laws grants residents of particular states specific rights regarding personal information. Subject to certain conditions and exceptions, and depending on your state of residence, you may have the following rights with respect to your personal information:
Right to Know. The right to request: (i) the categories or personal information we collected about you; (ii) the categories of sources from which the personal information is collected; (iii) our business or commercial purposes for collecting, selling, or sharing personal information; (iv) the categories of third parties to whom we have disclosed personal information; and (v) the specific pieces of personal information we have collected about you.
Right to Delete. The right to request that we delete personal information we have collected from you.
Right to Correct. The right to request that we correct inaccuracies in your personal information.
Right to Opt-Out of Sales, Sharing, and Targeted Advertising. The right to opt-out of “sales” and “sharing” of your personal information or the use of personal information for “targeted advertising.”
Right to Limit Use and Disclosure of Sensitive Personal Information. The right to limit use and disclosure of your sensitive personal information.
Right to Appeal. The right to appeal a decision to deny or reject a privacy right request.
Right to Non-Discrimination. The right not to be subjected to discriminatory treatment for exercising any of the rights described in this section.
Submitting Privacy Rights Requests: If you are entitled to make a privacy rights request under your state privacy law, you may exercise your privacy rights as set forth below:
Right to Know, Delete, Correct, Opt-Out of Sales, or Appeal:
Email us at best@eamberlaneway.xyz; or
Calling us toll-free at 877-932-6233.
When you submit a request, we will take steps to verify your identity and request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your identity, or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.
You may also designate someone as an authorized agent to submit certain requests and act on your behalf. Authorized agents will be required to provide proof of their authorization in their first communication with us, and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
Notice of Financial Incentive. We may make available programs or offerings, and other sweepstakes, contests, or similar promotional offerings (each a “Program”) which may include offers, rewards, discounts, services, perks, and promotions (“Rewards and Offers”). These Programs may be considered “financial incentives” under the CCPA. We collect, disclose, and retain personal information about individuals as part of these Programs.
These Programs may involve making available Rewards and Offers to customers and partners that participate in a customer satisfaction or market research survey or requests for feedback. To participate in these Programs, you must register and provide us with certain personal information, which may include identifiers (i.e., name, email, address, and other similar contact information), and any feedback or responses. Some of these Programs may be administered by third party partners who may collect or receive your personal information to administer the Program and provide related services to us.
As a basis for offering these Rewards and Offers, we have valued the personal information we collect based on a reasonable and good faith calculation determined by considering expenses related to the Programs. In doing so, we value the personal information collected through the programs as the equivalent of the costs and expenses incurred to provide the Program, including IT, administration, direct costs, third party costs, discounts, and service development costs.
We disclose the personal information collected for purposes of administering our Programs and consistent with the purposes described in the Information We Collect and How We Collect Information section of this Privacy Notice.
For Eamberlaneway’s Default Community Energy Savings Programs, you may withdraw from a Program at any time by contacting us at best@eamberlaneway.xyz.
If you are enrolled in Community Energy Savings Programs administered by a Program Administrator, you will need to reach out to the Program Administrator with whom you established a relationship in order to withdraw from the program. Eamberlaneway will not be able to assist with withdrawal or unenrollment from these programs.
Please note that if you withdraw from a Program such as our Default Community Energy Savings Programs (or submit a CCPA request to delete your information), your participation in that Program will be terminated, which means that you will no longer be eligible to earn, use, access, or redeem any Program Rewards and Offers, subject to the applicable Program terms.
If you are a visitor or user of the Eamberlaneway Services who resides in the state of California, you have other rights under California’s “Shine the Light” law. California Civil Code section 1798.83 requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has opted out of such information-sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes, please contact us as provided in Section 12.
This Notice for Nevada Residents applies exclusively to visitors and users of the Eamberlaneway Services who reside in the state of Nevada. Nevada provides its residents with a limited right to opt out of certain personal information sales. Nevada residents who wish to exercise this sale opt-out right may email us at best@eamberlaneway.xyz. Please include "Nevada" in your email subject line and include the following information in your email: (i) your name, (ii) Nevada resident address, and (iii) email address.
This Notice for Canadian Residents applies exclusively to visitors and users of the Eamberlaneway Services who reside in Canada. We provide this Notice to comply with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act ("PIPEDA"). We strive to protect your privacy by following each of the fair information principles set out by PIPEDA. At any time, you may withdraw your consent to our collection, use, and disclosure of your personal information by contacting us as set forth in Section 12.
We recognize that we are responsible for personal information under our control. We have designated our Data Protection Officer as our privacy officer to oversee privacy compliance, including PIPEDA compliance. If you have any concerns about our privacy practices and policies, you can contact our Data Protection Officer at best@eamberlaneway.xyz. We will investigate any complaints received and try to substantively respond within 30 days of its receipt. If we need more time, we will inform you of the reason and extension period.
If our Data Protection Officer is unable to resolve your concern, you may also contact the Office of the Privacy Commissioner of Canada.