Inform™ App Privacy Policy

Note on translation: This Privacy Policy (“Privacy Policy”) may have been translated into various languages for the convenience of End Users. While the translation is correct to the best of Leviton Manufacturing Co., Inc. and our affiliates (“Leviton” or “We”) knowledge, Leviton is not responsible or liable in the event of an inaccuracy. English is the controlling language of this Privacy Policy, and any translation has been prepared for you as a courtesy only. In the event of a conflict between the English- language version of this Privacy Policy and a version that has been translated into another language, the English-language version shall control.

This document applies to the use of the INFORM web and mobile applications and related services (the “INFORM APP”), and the related operation of Leviton products that function through them.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

We are committed to protecting your privacy. This Privacy Policy sets forth our current privacy practices with regard to collecting, using maintaining, protecting and disclosing the information we collect when you download, install, register, access or use the INFORM APP (through the web application or through a downloaded application on your mobile device) as well as information collected from the Leviton Products themselves. This policy applies only to information we collect through the INFORM APP. By downloading or using the INFORM APP, you consent to this Privacy Policy and the information collection and use practices described herein. This Privacy Policy does not apply to information that Leviton collects offline, on other Leviton websites or Applications, or to any information that you may provide on any third party websites or through third party service providers or products that you may access through the INFORM APP, or otherwise. Leviton’s website and third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

If you do not agree with our policies and practices, do not download, register with or use the INFORM APP. By downloading, registering your Product with Leviton or by using the INFORM APP, you agree to the terms of this Privacy Policy.

2. INFORMATION WE COLLECT AND HOW WE USE IT

Leviton collects information about users from the INFORM APP and data from Leviton Product(s) once it is registered with a valid account on the INFORM APP. Information is collected on an ongoing basis and when you access information using the INFORM APP, which then accesses one or more Leviton or third-party servers. Leviton works with third-party analytic companies to aid and improve the INFORM APP’s functionality, and who may use technology to automatically collect the types of data listed below. Such data is used for purposes of data analytics and internal research directly related to creating improved and more advanced features for Leviton Products and services, or to tailor marketing efforts, for example. Your information may be shared with third parties in limited circumstances, described below.

• User Data. Set-up information you provide, including email address, name, address or coordinates (the location of your Leviton Products).
• Usage Details. When you access and use the INFORM APP, certain details of your access to and use of the INFORM APP, including the resources that you access and use on or through the INFORM APP may be automatically collected, including: direct adjustments to the Leviton products using the INFORM APP, technical information from the Leviton products (to improve your experience over time and help troubleshoot issues), electricity usage, capacity, and power information (including voltage disruptions or disturbances and other power quality data), current status of the Leviton Product, and usage schedules, among other related data necessary for the functionality of the device.
• Mobile Device Information. We may collect information about the mobile device from which you access the INFORM APP, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, the device's telephone number, in addition to the internet connection.
• Location Information. The INFORM APP does not collect real-time information about the location of your mobile device, but it does collect environmental data (such as user location support certain Leviton Product features) from the Leviton Products that are used with the INFORM APP in real-time.
• App Usage. We collect the frequency of the usage of the INFORM APP, frequency of individual features of the Leviton Products usage, and how features of the INFORM APP and the related Leviton Products are used.
• Partner Data. Some of your information or data provided to third party products and services that interface with the Leviton Products may also be provided to Leviton.

Any information that we may have collected we may disclose or use, including, without restriction, any aggregated and anonymized information about our users, and information that does not identify any individual or device.

Web Server Logs

When you visit the INFORM APP, we may track information through web server logs to better administer the INFORM APP and analyze its usage. Examples of information we may track include but is not limited to your Internet Protocol address, the type of browser or mobile device you use, the number of links you click within the INFORM APP, the geographical location from which you accessed the INFORM APP, the date and time of your visit, and the name of your Internet service provider.

3. NOTICE ON DISCLOSURE OF USER PERSONAL INFORMATION

Leviton reserves the right to share aggregated usage statistics with its affiliates and strategic partners to help enhance its service offerings but does not sell identifiable personal information to third party marketing companies. Personal User information collected by or submitted to Leviton shall not be disclosed to any third parties without your permission, unless such information: (i) is used to fulfill your service requests; (ii) is required to be disclosed by law, regulation, legal process, law enforcement or government regulatory authorities, in which case we shall give you as much advance notice as is reasonably practicable in order to allow you to limit or restrict such disclosure; (iii) is required to be disclosed in order for us to protect our legal rights or defend against liability; or (iv) is transferred in connection with a merger, acquisition, or liquidation of Leviton.

4. INTERNET BASED DATA TRANSFER

Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the INFORM APP and communicating electronically with us, you acknowledge and agree to our processing of personal data in this manner.

5. CHILDREN UNDER THE AGE OF 13

The INFORM APP is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@leviton.com.

6. OPTING IN/OUT

Interacting with Leviton content or voluntarily contacting Leviton gives Leviton permission to contact you in the future. If you wish, you may choose not to receive emails, newsletters or other marketing communications from Leviton by clicking the "Unsubscribe" link in the email communication sent to your registered email account with the INFORM APP.

7. CHANGES TO THIS POLICY

Leviton may periodically update this Privacy Policy. When we do, we will also revise the “updated” date at the top of this Privacy page, with or without notice to you. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this Privacy Policy and any updates thereto.

8. FOR USERS RESIDING IN OR CITIZENS OF THE EU ONLY

Your personal information may be collected, processed and stored by Leviton or its service providers, wherever Leviton’s servers reside. If you are using Leviton Products or the INFORM APP in the European Economic Area, you agree to the transfer of your personal data to the United States and other countries where Leviton operates. You have the right to request from Leviton information about your personal data processed, erasure of your personal data, and restriction of the processing of your personal data (such as direct marketing).

To make such a request, send an email to privacy@leviton.com, and include “GDPR Personal Data Request” in the subject line, along with the following: your first and last name, physical address, contact email, the information you are seeking (time frame, subject matter, and any other relevant details), and in what capacity you have interacted with Leviton online.

9. YOUR CALIFORNIA PRIVACY RIGHTS

Leviton does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. California Civil Code Section § 1798.83 permits users of the INFORM APP that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to privacy@leviton.com or write to us at: Leviton Manufacturing Co., Inc., Attention: Legal Department, 201 N. Service Rd., Melville, NY 11747.

This section of Leviton’s Privacy Policy applies to California residents only, to comply with the requirements of the California Consumer Privacy Act of 2018, as amended (“CCPA”). Any terms defined within the CCPA have the same meaning when used in this Privacy Policy.

Information we collect:

The App and Leviton Product(s) collect information that is reasonably capable of being associated with a particular consumer or household. Specifically, the App and the related Product(s) have collected the following categories of CCPA Personal Information (“PI”) from its consumers within the last 12 months:

Category	Examples	Collected by Leviton?	Sold or Disclosed by Leviton (subject to the CCPA’s exceptions)?
A. Identifiers	A real name, alias, postal address, unique personal identifier, protocol address, email address, account name, social security number, passport number, or other similar identifier	YES	NO
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code ß 1798.80(e))	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories	YES	NO
C. Protected classification characteristics under California or federal law	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES	NO
D. Commercial Information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES	NO
E. Biometric Information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data	YES	NO
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement	YES	NO
G. Geolocation data	Physical location or movements	YES	NO
H. Sensory data	Audio, electronic, visual, thermal olfactory, or similar information	YES	NO
I. Professional or employment-related information	Current or past job history or performance evaluations	YES	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. §1232g, 34 C.F.R. Part 99)	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO	NO
K. Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	YES	NO

PI does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, such as other categories of information protected by different laws.

Leviton obtains the PI listed above from the following categories of sources: 

• Directly from you. For example, from forms you complete and submit, from products and services you purchase or register with Leviton.
• Indirectly from you. For example, from observing your actions on our App or paired Leviton Product(s), as more fully described in Section 2 above.

Use of PI:

Leviton may use or disclose the PI collected for one of more of the business purposes listed below, subject to your right to opt-out of such collection. If we disclose or sell PI for a business purpose, we require the recipient to both keep that PI confidential and not use it for any purpose other than the specified by Leviton. If a third-party purchaser of your PI wants to resell it, the purchaser is required by law to provide you with explicit notice and an opportunity to opt-out of further sales. The business purposes for collection or disclosure of PI are as follows:

• To fulfill the reason you provided the information, to provide you with support, and to respond to your inquiries;
• To develop our App and products;
• To maintain the safety, security, and integrity of our App, products and services.
• To create, maintain, customize, and secure your account;
• To process your requests or purchases;
• To personalize your App experience, and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our App, third-party sites, and via email or text message (with your consent, where required by law);
• To respond to law enforcement requests and as required by applicable law or court order;
• As described to you when collecting your PI or as otherwise set forth in the CCPA; or,
• To evaluate or conduct a 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 PI held by Leviton or its affiliates is among the assets transferred.

Sharing PI

Leviton may disclose your PI with the following categories of third parties: service providers

Updates

We will not collect additional categories of PI or use the PI we collected for materially different, unrelated, or incompatible purposes without providing you with notice.

California Consumers’ Rights regarding PI

The CCPA provides California residents with specific rights regarding the collection and use of their PI over the past 12 months. This section describes those rights and explains how to exercise them. Specifically, you have the right to request:

• Disclosure of the categories of PI Leviton has collected about you;
• Disclosure of the categories of sources from which the PI was collected;
• Disclosure of Leviton’s business/commercial purpose for collecting and disclosing of the PI;
• Disclosure of the categories of third parties with whom Leviton shares the PI;
• Disclosure of the specific pieces of PI collected about you;
• Deletion of the PI collected, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our service providers to delete, if applicable) your PI from our records, unless an exception applies. An exception to your request may apply if retaining the information is necessary for us or our service provider(s) to do the following:
  
  • Complete the transaction for which we collected the PI, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. al.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided your consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with Leviton;
  • Comply with a legal subpoena or court order;
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it; or,
  • To provide technical support or troubleshooting relation to your account or a Leviton product or service.

• To opt out of the sale of PI, via the methods listed below: 
  • If you are 16 years of age or older, you may direct us to not sell your PI at any time.
  • Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize PI disclosure or sales. However, you may change your mind and opt back in to PI disclosures or sales at any time by supplying your PI to Leviton on its App or by contacting Leviton at privacy@leviton.com. You do not need to create an account with us to exercise your opt-out rights. We will only use PI provided in an opt-out request to review and comply with the request.

• To not be discriminated against if you exercise your CCPA rights, meaning that Leviton will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties, provide you a different level or quality of goods or services, suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, Leviton may offer and you may consent to receive certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive Leviton offers will reasonably relate to your PI’s value and contain written terms that describe the program’s material aspects. You may revoke your consent to participate or receive such financial incentive at any time.

Under the Age of 16

Leviton’s App is not intended for children under 16 years of age. No one under age 16 may provide any PI on the App. We do not knowingly collect PI from children under 16, unless we receive affirmative authorization from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. If you are under 16, do not use or provide any information on the App. If we learn we have collected or received PI from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@leviton.com.

Exercising Access, Data Portability, and Deletion Rights

You can exercise any of the rights listed above by submitting a request to us using one of the three methods listed here:

• Visiting our opt-out form 
• Emailing us at privacy@leviton.com (and put “CCPA request” in the subject line, and include with specificity what you are requesting); or,
• Calling Leviton’s toll-free number at 1 (877) 797-0879.

Responding to Your Request

Once we receive and confirm your request, we will respond within 45 days of its receipt. If we require more time (up to 90 days or as otherwise permitted by law), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the date of the receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your PI that is readily usable and should allow you to transfer the information from one entity to another without difficulty. 

Who may make a request?

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your PI. You may also make a request on behalf of your minor child. You may only make a request for access or data portability twice within a 12-month period. The request must: (i) provide sufficient information that allows us to reasonably verify that you, or the person on whose behalf you are requesting, are the person about whom we collected PI; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you. Making a request does not require you to create an account with us. We will only use PI provided in a request to verify your identity.

FOR NEVADA RESIDENTS ONLY

In accordance with Nevada law, Leviton is providing an opt-out mechanism to Nevada residents that permits Nevada consumers to opt-out of the sale of their personal information. Personal Information in Nevada is defined as your name, address, email address, phone number, social security number, individual identifiers, and any other information the becomes personally identifiable with combined with an identifier. You can exercise any of the rights listed above by making a request to us by:

• Visiting www.leviton.com/nv-opt-out or,
• Emailing us at privacy@leviton.com (and put “Nevada opt-out request” in the subject line, and include with specificity what you are requesting).

Response to Your Request

Once we receive and confirm your verifiable consumer request, we will respond within 60 days of its receipt. If we require more time (up to 90 days or as otherwise permitted by law), we will inform you of the reason and extension period. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

10. CONTACT US

If you have questions regarding the security of the INFORM APP, our Privacy Policy, and/or our information collection and dissemination practices, please contact us at privacy@leviton.com, and include in the subject line of the email “INFORM APP Privacy Policy request.”

Leviton Manufacturing Co., Inc. © 2020 All rights reserved.