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KLEVERNESS, INC.

PRIVACY POLICY

Privacy Notice

Last updated: August 26, 2019

Please read this Privacy Notice carefully. It provides important information about your personal data. It also tells you about your rights under applicable privacy laws. If you have any questions, comments, or concerns regarding this Privacy Notice and/or our data practices, or would like to exercise your rights, please contact us. See How to Contact Us About Privacy andAdditional Legal Rights For Users in the European Economic Area below.

Table of Contents

  1. Introduction
  2. What Personal Information Do We Collect from You and How Is It Collected?
  3. Sensitive Data
  4. Children’s Privacy
  5. Why We Collect Your Personal Information and How We Use It
  6. Marketing Communications
  7. Managing Your Preferences
  8. Disclosure of Your Personal Information
  9. Payment Processing
  10. Third Party Links
  11. Third Party Social Plugins
  12. Advertising
  13. How Long Do We Keep Your Personal Information?
  14. Protecting Your Personal Data
  15. International Transfers
  16. Additional Legal Rights For Users in the European Economic Area
  17. How to Contact Us About Privacy
  18. Changes to this Privacy Notice

By accessing or using the Site or Kleverness System, as defined below, or submitting information through the Site or in connection with your use of the Kleverness System, you acknowledge and agree that you have received and read this Privacy Notice.

1.     Introduction

Kleverness Incorporated, a Delaware corporation (collectively, “Kleverness”, “we” or “us”), provides smart lighting and electrical products, including the Kleverness hub, outlet, and switches, (“Products”) that allow users to control, schedule and monitor their home lighting and electrical appliances through the Kleverness iOS and Android mobile applications, and online web application (“Application(s)”), and related services, including, without limitation, the subscription services, that we provide in connection with the Products and Applications (the “Services”).

This Privacy Notice (“Privacy Notice”) is intended to help you better understand how we process your personal information, and governs how Kleverness may use, transfer, store and disclose personal information that we collect when:

  • You visit our website, kleverness.com (“Site”);
  • You purchase the Products and/or use our Services;
  • You download and/or use the Applications;
  • Your directly communicate with us; and
  • We work with some of our partners to offer additional features or enhance user experience.

When we refer to the “Kleverness System” throughout this Privacy Notice, we mean the Kleverness smart lighting and home electrical system, comprised of the Applications, Products and/or Services.

2.     What Personal Information Do We Collect from You and How Is It Collected?

Personal data, or personal information, means any information about an individual from which that person may be identified. For example, it may include your name, telephone number, email address, or payment information, and in some jurisdictions your IP address. It does not include data from which the identity of an individual has been definitively removed along with any identifiers connected to such individual (also known as anonymous or anonymized data).

IMPORTANT – PLEASE NOTE if you provide personal data to us about someone else, you must ensure that you have the right to disclose that information to us and that the individual concerned is aware of the terms detailed in this Privacy Notice.  We will collect, use and disclose such information as described in this Privacy Notice.

You acknowledge and understand that information gathered when any family or household member uses your account will become part of your account and will be used in accordance with this Privacy Notice.

a.       Information Collected Directly

How we collect personal information directly from you depends on how and why you use the Site and/or Kleverness System. For instance, the information that you provide when you visit our Site is more limited than the information that you provide if you have purchased Products and use the Applications.

With respect to the data that Kleverness collects directly from you, we have divided this section into two parts in order to better explain the circumstances where personal information may be collected, as well as the types of data collected:

  1. Information From Site Visitors
  2. Information From Registered Users

Please be advised that we may ask you to update your information from time to time in order to keep it accurate.

    i.            Information from Site Visitors

When you visit the Site, and depending on the purpose of your visit, you may provide us with personal information if you:

  • Request marketing materials; and/or
  • Communicate with us directly.
  • Purchase our Products on the Site

In most cases, you will not provide any information to us directly, in which case the only data that we collect is Usage Information, as explained below.

  ii.           Information FromRegistered Users

You may provide us with personal information when you:

  • Purchase our Product;
  • Download the Application and register to use the Product;
  • Download the Application and register as an authorized user of another user’s account who invited you to access and use the Kleverness System associated with such user account;
  • Use the Products;
  • Interact with the Application;
  • Interact with or use our Services;
  • Link your Product with third-party products;
  • Invite others to access your Kleverness System through the Application; and
  • Communicate with us directly.

In connection with the above-mentioned activities, Kleverness may collect the following information:

  • Your identity, including your first name, last name;
  • Your email address;
  • Your username and password;
  • Your contact details, including your postal address and email address;
  • Your gender;
  • Your preferences;
  • Information you provide when you set up and configure the Products and Services (for example, pictures of the scanned code for the Product purchase by you);
  • Other information you may provide by filling out forms or by contacting us (such as your feedback or other communications with us).

b.      Information Collected Indirectly

Usage Information

When you use or interact with the Products, the Site and/or the Application, even if you do not have an account or are only an authorized user of another user’s account, we, or our authorized third-party service providers, automatically collect information about how you use them (collectively, “Usage Information”). We use this information for our internal purposes, specifically to operate, maintain, secure and improve the Site, Products and Applications, and provide the Services. We also use this information to provide you with notifications, recommendations, and information about your home electronic devices, additional Kleverness products and services, and third-party products and services that may be of interest to you. Please see Advertising below for more information.

Usage Information that we collect consists of:

General Usage Information

We automatically collect information about your interactions with the Site and Kleverness System, including information about the device used by you to interact with and/or access the Site and/or Kleverness System: IP address, access dates and times, information about your approximate location (as determined through your IP address), hardware and software information, mobile, computer or hardware device information (e.g., operating system version, Hardware model, IMEI number and other unique device identifiers, MAC address, and device settings), device event information, and crash data. This information allows Kleverness to understand how you’ve used the Applications, the Products and/or the Site (which may include administrative and support communications with us or whether you have clicked on third-party links), and other actions you have taken in connection with your use of the Kleverness System. We automatically collect log data when you access and use the Site, the Products and/or Applications, even if you have not created an account or logged in.

Cookies and Similar Technologies

We or authorized third parties collect certain information by automated means using cookies, web beacons, and server logs for analytic purposes. The information we collect in this manner enables us to better understand the pages or content you view, your searches, website traffic patterns, and to optimize user experience. For more information on our use of these technologies, see our Cookie Policy.

Product Usage Information

When you use the Products (via the Application), we collect certain information directly from the Products themselves:

  • Product Usage and Performance Information: We collect information about your use of the Products, including activities you perform using the Application, and activities we perform in connection with the Products. We also collect technical data from sensors built into the Products, which allow us to detect certain information such as Product performance, Product usage statistics, energy consumption, lighting device usage, light bulb types, light bulb performance, light bulb usage statistics and lightbulb where a lightbulb is in its useful lifespan.
  • Technical Information from the Product: In order to improve your experience over time and help troubleshoot any problem you may encounter with the Products and/or Applications, we record device model and serial number, software version, and technical information such as sensor status, internet and radio connectivity, error logs, power status and charge level, and whether product features are working properly.

Aggregated Data

With the Usage Information collected by our third-party analytics services, we process “Aggregated Data”, such as statistical or demographic data. Aggregated Data may be derived from personal data, but is not considered personal data under the law if it does not directly or indirectly reveal your identity. For example, we may aggregate usage data to calculate the percentage of users accessing a specific feature of the Site and/or Kleverness System. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data, which will be processed in accordance with this Privacy Notice.

To opt out of the collection of Usage Information by third-party analytics tools, please see Managing Your Preferences below.

c.       Information Collected from Third Parties

In some instances, we process personal information from third parties, which consists of:

  • Data from our partners, such as transactional data from providers of payment services.
  • Data from third-parties if you link the Products to third-party devices, including, without limitations, voice-enabled devices (such as Alexa) (collectively, “Third Party Devices”). Third Party Devices enable you to control the Products, in which case we receive limited information from the third-party providers regarding usage and commands. For instance, we may receive information about your Product registration number and location. We may also provide such third party with information, as described here.
  • Data from existing Kleverness customers who invite you to access their Kleverness System through the Application.
  • Data from third parties whose products or services were included a marketing communication from us, if you choose to interact with them, such as by clicking a link, or purchase their products or services.

d.      Wi-Fi Network Information

To use your Product as part of, and in connection with, the Kleverness System, or to access your Product over the Internet from a computer, a smartphone or a tablet, you will need to connect your Klever Hub to your internet network via ethernet cable. It will save the network’s information on the device, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with our servers and download software updates. Once connected to your network, your Product regularly sends the Usage Information described above to Kleverness so that we may provide you the Kleverness System.

e.      What if You Don’t Provide Information?

Some personal information is necessary so that we can supply you with the Products and Services you have requested and to authenticate you when you access the Application. If you do not wish to provide the required information, you may not be able to use certain features or Kleverness System.

3.     Sensitive Data

Kleverness does not require you to provide any sensitive data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic, and biometric data to use the Kleverness System.

4.     Children’s Privacy

Use of the Site and Kleverness System is not intended for minors. Kleverness does not target the Site or Kleverness System to persons under the age of 16 and does not knowingly collect personal data from minors. Therefore, we ask you not to provide us with personal information of persons under the age of 16. If we learn that personal information of persons under 16 years of age has been collected on or through the Site and/or Kleverness System, then we may deactivate the account or otherwise terminate access to the Site and/or Kleverness System and/or make the user content inaccessible.

5.     Why We Collect Your Personal Information and How We Use It

Our mission is to provide safe, efficient and high-quality products and services, and we, or our authorized third-party service providers who assist us in providing the Site and/or Kleverness System, process your personal information for this purpose.  We process your personal data for the following reasons:

  • To perform the Services under the contract we are about to enter into or have entered into with you. For example, when you purchase and register to use the Products, that’s a contract. This may also include disclosure to the third parties who help us perform our end of the bargain, such as payment processors or shipping partners.
  • Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests. For example, when we carry out fraud screening or suggest additional features and products.
  • Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.
  • If we have obtained your prior consent (for example, when you subscribe for direct marketing). Please note that for this specific legal basis, you have the right to withdraw your consent at any time.

Specifically, and depending on how you use the Site and Kleverness System, we use your personal data in the following instances and for the noted reasons:

  • To deliver, set up and enable the Kleverness System to work (performance of a contract);
  • Deliver direct marketing communications to you regarding our or our partners’ products and services that we may think are of interest to you (legitimate interests or with your prior consent where you are not an existing customer);
  • Respond to your queries and requests, or otherwise communicate directly with you (performance of a contract or sometimes necessary for our legitimate interests);
  • Detect any fraudulent or illegal activity against you and/or Kleverness (necessary for our legitimate interests);
  • Perform system maintenance and upgrades, and enable new features (performance of a contract or sometimes necessary for our legitimate interests);
  • Conduct statistical analyses (necessary for our legitimate interests);
  • Provide information to regulatory bodies when legally required, and only as outlined below in Disclosure of Your Personal Information (necessary for compliance with a legal obligation).

6.     Marketing Communications

If you have not otherwise opted out, or if you have opted in to receive direct marketing emails from us, we may use your personal information to send you marketing information about the Kleverness System, other Kleverness products and services, new Kleverness releases, and third-party products or services that we think may interest you. For instance, when you request additional information regarding the Products or sign up for our newsletter, we may ask if you wish to opt in to receive marketing communications from us for the Products and Services. This is what we call direct marketing. We carry out direct marketing by email. We obtain consent to send you such communications where required under applicable local laws.

If you no longer wish to receive marketing communications, you have the right at any time to opt out. The easiest way to opt out is to use the unsubscribe link that you will find at the bottom of each communication. You may also manage your preferences as further explained in Managing Your Preferences.

7.     Managing Your Preferences

Direct Marketing

As explained above, Kleverness enables you to manage your marketing preferences by clicking on a link contained in each electronic communication to you. Please use your preference settings to inform us of how you would like to receive marketing communications. Updates to your privacy preference information will be submitted once you have confirmed your changes.

You can also manage your marketing preferences by contacting us.

Cookies

You can manage your cookie and tracking preferences as described in our Cookie Policy.

8.     Disclosure of Your Personal Information

Aside from disclosing your information to those of our personnel who are authorized to process the information in order to provide the Site and Kleverness System and who are committed to confidentiality, we disclose your personal information only to the third parties and for the reasons indicated below:

  • Additional users that you invite and authorize to access your Kleverness System through the Application;
  • Third-party companies that do things to help us provide the Site and Kleverness System and help us operate our business;
  • Professional service providers, such as auditors, lawyers, consultants, accountants and insurers;
  • Governments, regulators, law enforcement and fraud prevention agencies, so we can help tackle and comply with law enforcement, but only as authorized in this Privacy Notice (see Disclosure of Your Personal Information);
  • In the event of a business transfer; and
  • Companies approved by you, such as financial institutions or payment service providers.

a.       Additional Authorized Users

If you are a registered account holder and administrator for a Kleverness System, you may choose to enable additional authorized users, such as family members or guests who share your household, to access your Kleverness System through the Application. If you do so, the additional authorized users may control and view your Products, certain account information and content, such as usage and activity.  The additional authorized users that you add will be connected with your account and the Usage Information for your Kleverness System.  Account administrators may choose to disable the access of additional authorized users at any time.  The additional authorized users you add will continue to have access to your Kleverness System until you disable their access.  We will continue to collect information about additional authorized users who have registered to use the Application even after their access to the administrator’s Kleverness System is disabled until they close their account.

b.      Third-Party Service Providers

We share personal information with third parties that provide services to help us provide the Site and the Kleverness System and operate our business.  Depending on how you use the Site and/or Kleverness System, the following categories of third parties collect data on our behalf or receive personal information:

  • Hosting services providers;
  • Analytics providers;
  • Advertising and marketing partners;
  • Payment service providers;
  • Shipping service providers;
  • Customer support providers;
  • Providers of business operations and communication tools;
  • Other third-party service providers that help us provide features and functions for the Kleverness System.

For a list of all third-party service providers we use, please contact us. We require all third parties to respect the security of your personal data and to treat it in accordance with the law.

c.       Business Transfers

We may also share data with third parties to whom we choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice unless you agree otherwise.

d.      Legal Obligations and Security

Subject to the limitations in this Section, we will  disclose your personal data if we believe that it is necessary to comply with a law, regulation, legal process, or legitimate governmental request; to protect the safety of any person; to protect the safety or security of the Site and Kleverness System or to prevent spam, abuse, fraud, or other malicious activity of actors using or accessing the Site and/or Kleverness System, or to protect our rights or property or the rights or property of those who use the Site and/or Kleverness System.

Non-public information about our users will not be released to law enforcement except in response to an appropriate legal process such as a subpoena, court order, or other valid legal process that has been reviewed by Kleverness. However, if we receive information that provides us with a good faith belief that there is an exigent emergency involving the danger of death or serious physical injury to a person, we may provide information to law enforcement trying to prevent or mitigate the danger (if we have it), to be determined on a case-by-case basis.

e.      Linked Accounts

When you choose to connect Products to third-party products and services, including Third-Party Devices, you are shown details about any proposed exchange(s) of data between Kleverness and the third party that is providing the product or service. Kleverness or the third party will instead (or also) ask for consent to control the Products that you have connected. Your consent is required to allow any of these exchanges or requests for control and you will be able to revoke it at any time.

9.     Payment Processing

We do not directly collect your payment information and we do not store your payment information. We use third-party, PCI-compliant, payment processors, which collect payment information on our behalf in order to complete transactions. Our administrators are only able to view limited transaction information via our payment processors’ portals. Please review the privacy policies of our payment processors to learn more about how they collect, process and protect your personal information.

10. Third Party Links

On the Site or through the Kleverness System, we may provide, for informational purposes only, links to other websites or resources with which we do not have a contractual relationship and over which we do not have control (“External Websites”). Such links are not paid advertisements, nor do they constitute an endorsement by Kleverness of those External Websites, and are provided to you only as a convenience. By clicking on links to External Websites, the operators of the External Websites may collect your personal information. We are not responsible for the content or data collection practices of those External Websites, and your use of External Websites is subject to their respective terms of use and privacy policies.

11. Third Party Social Plugins

On the Site and the Application, we provide third-party “share” buttons for YouTube, Facebook, Twitter, Instagram or other social media sites, which may function as web beacons when you interact with the button. Please note that you may send to the third party the information that you are viewing on a certain part of the Kleverness System when you “share”. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Kleverness System to your account with them. Please refer to each third party’s privacy policies to learn more about its data practices, as also explained in our Cookie Policy.

12. Advertising

We use Usage Information and information you provide to us directly, such as Product configuration information, to provide you with marketing communications for products and services that we think may be helpful and of interest to you. We may deliver these communications to you via email and in the Application. We may recommend additional Kleverness products and services.  We may also recommend third-party products or services that relate to your home electrical use and needs.  For example, if the Kleverness System detects that your lightbulbs are nearing the end of their life, we may use that information to recommend new replacement light bulbs. We may provide this information to you through marketing communications and in the Application.  You can manage your preferences for receiving these marketing communications as described in Managing Your Preferences.

Please see our Cookie Policy for information about retargeting and other cookies-based advertising.

13. How Long Do We Keep Your Personal Information?

Your personal information is processed for the period necessary to fulfill the purposes for which it is collected, to comply with legal and regulatory obligations and for the duration of any period necessary to establish, exercise or defend any legal rights.

In order to determine the most appropriate retention periods for your personal information, we consider the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal data, and applicable legal requirements.

In some circumstances, you can ask us to delete your data. See Additional Legal Rights For Users in the European Economic Area below for further information.

In some instances, we may choose to anonymize your personal data instead of deleting it, for statistical use, for instance. When we choose to anonymize, we make sure that there is no way that the personal data can be linked back to you or any specific user.

14. Protecting Your Personal Data

We have put in place reasonable and appropriate security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. For example, we use encryption, secure socket layer, firewalls, and password protection. In addition, we require two-factor authentication for all employees and contractors who may access your data to provide our Services, and we limit access to those employees, agents, contractors and the third parties who have a business need-to-know.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a data security breach where we are legally required to do so. We also require those parties to whom we transfer your personal information to comply with the same.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and while we take reasonable steps to provide = a secure Site and Kleverness System, by using the Site and/or Kleverness System, you understand and assume the risks associated with your activities on the internet.

15. International Transfers

Kleverness is based in the United States and has servers in the United States. The personal information that we collect are sent to and stored on servers located in the United States. Such storage is necessary in order to process the information. Kleverness operates globally and may transfer the personal data that we collect from you to our other offices and/or to the third parties mentioned in the circumstances described above, which may be situated outside of your country or regional area, and may be processed by staff operating outside of your country or regional area. In particular, information provided to us or collected by us likely will be transferred to and processed in the United States by us or our agents and contractors. The data protection laws of the United States or other countries may not be as comprehensive or equivalent to those in your country of residence.

The European Union’s General Data Protection Regulation (“GDPR”) allows for transfer of personal data from the European Union to a third country in certain situations. We rely on legally-provided mechanisms to lawfully transfer personal information across borders.  For example, we may enter into the EU Standard Contractual Clauses adopted by the EU Commission. More information about the Standard Contractual Clauses is available here.

16.  Additional Legal Rights For Users in the European Economic Area

If the GDPR applies to you because you are in the European Economic Area, you have certain rights in relation to your personal data:

  • The right to be informed – that’s an obligation on us to inform you how we use your personal data (and that’s what we’re doing in this Privacy Notice);
  • The right of access – that’s a right to make what’s known as a ‘data subject access request’ for a copy of the personal data we hold about you;
  • The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate (though we generally recommend first making any changes in your account);
  • The right to erasure (also known as the ‘right to be forgotten’) – that’s where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);
  • The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;
  • The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);
  • The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and
  • Rights in relation to automated decision-making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision-making.
  • Withdraw Consent—that’s a right to revoke any consent you may have previously given us at any time, if we have collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
  • File a complaint—that’s the right to file a complaint with a supervisory authority about our collection and processing of your personal information.

These rights are subject to certain rules around when you can exercise them. If are located in the European Economic Area and wish to exercise any of the rights set out above, please contact us (see How to Contact Us About Privacy).

You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

We will respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.

In addition, if you no longer wish to receive our marketing/promotional information, we remind you that you may withdraw your consent to direct marketing at any time directly from the unsubscribe link included in each electronic marketing message we send to you. If you do so, we will promptly update our databases and will take all reasonable steps to meet your request at the earliest possible opportunity, but we may continue to contact you to the extent necessary for the purposes of providing the Services as requested and/or ordered by you or necessary updates regarding your Products or the Applications downloaded and used by you.

Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us first.

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us using the details in How to Contact Us About Privacy below.

17. How to Contact Us About Privacy

If you have any questions about this Privacy Notice, have additional questions, or if you are located in the European Economic Area and would like to exercise any of your rights, please contact us by email at: hello@kleverness.com; or by mail at:

Kleverness, Inc.

340 S Lemon Avenue #2291

Walnut, CA, 91789 USA

Attn: Alex Fraind

18. Changes to this Privacy Notice

Kleverness may need to update this Privacy Notice from time to time. If so, we will post an updated Privacy Notice on the Site along with a change notice on the Site, as well as a notification through the user interface of the Application that this Privacy Notice has been updated. If we make material changes, we may also send registered users a notice that this Privacy Notice has been changed to the email account we have on file for such users, and/or a notification through the user interface of the Application that the Privacy Notice has been updated. Where express consent is required by applicable law for the lawful collection, use, or disclosure of information about you, we will obtain that consent. We encourage you to review this Privacy Notice regularly for any changes. Your continued use of the Site and/or Kleverness System and/or your continued provision of personal data to us after the posting of such notice will be subject to the terms of the then-current Privacy Notice.

© 2019 Kleverness, Inc. All rights reserved.

Effective: August 26, 2019