Privacy Policy & Legal Notices
ET Water Systems, Inc.
Privacy Policy
Revised: March 5, 2010
At ET Water Systems, Inc. ("ET Water," "we," "us," or "our"), we believe that protecting the privacy of your Personal Information is important. We define "Personal Information" as information that allows someone to identify or contact you, for example, but without limitation, your name, address, telephone number, and email address.
This Privacy Policy is intended to describe our practices regarding the collection, use and dissemination of your Personal Information through our website located at www.etwater.com (the "Website") and the ETwater Service (as that term is defined in our standard ET Water Systems Service Agreement (the "Service Agreement")).
By using our Website or registering for the ETwater Service, you explicitly consent to the information handling practices described in this Privacy Policy. If you reside outside the United States, you understand that your Personal Information may be processed in countries (including without limitation the United States) where laws regarding processing personal information may be less stringent than in your country.
Capitalized terms used in this Privacy Policy but not defined in this Privacy Policy have the meanings given to them in the Service Agreement.
1. Changes to this Privacy Policy. We may make changes to this Privacy Policy from time to time, and if we make any substantial change to this Privacy Policy, we will notify you by prominently posting notice of such change on our Website or sending you an e-mail to the address that you provided for your Account (defined in Section 2 below). Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website or the ETwater Service. If you do not agree to any change, you must cease your use of our Website and the ETwater Service. By using our Website or the ETwater Service, you agree to be bound by any such changes and, therefore, you should periodically visit our Website to examine the then-current Privacy Policy. Please note that at all times you are responsible for updating any e-mail address that you have provided to us for your Account. If the e-mail address you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
2. Personal Information You Submit. When you register to activate your ETwater Service account (your "Account"), we collect the following information: (a) your name, mailing address, billing address, e-mail address and two (2) telephone numbers, and , (b) the model type and serial number of your Smart Controller and the address of the location where the Smart Controller is installed, and (c) the irrigation method, soil type, plant type, and other landscape details about the area served by the irrigation system controlled by your Smart Controller. When you pay for any products or other services, we collect your name, mailing address, billing address, e-mail address, two (2) telephone numbers, complete credit card information and any other information we expressly request from you. When you give us Feedback (defined in Section 5.5 below), we may collect any information that is contained in your Feedback. When you contact us by sending us an e-mail, fax, or letter, we collect your e-mail address, fax number, or mailing address, and any information contained in the e-mail, fax, or letter you send us.
3. Personal Information Collected by Technology. We passively collect certain information as you use the ETwater Service and our Website, including without limitation your IP address, browser connection, access time, the webpage from which you entered the Website, and the webpage(s) of the Website that you access during your visit. We also use cookies (which are small amounts of data sent from a web server to your browser that are stored on your computer’s or phone’s hard drive or temporary Internet file location). We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer or phone until you delete them).
4. Personal Information From Other Sources. We may receive information about you from other sources, including without limitation your landscape maintenance contractor or property manager. We may associate this information with the other Personal Information we have collected about you.
5. Use of Information
5.1 We use your Personal Information to provide the ETwater Service to you, to monitor usage of the ETwater Service, to respond to requests that you make, to personalize your online experience on our Website, to improve our Website and the ETwater Service, and to better tailor the features, performance, and support of the Website and ETwater Service.
5.2 We log IP addresses and browser and computer type solely in conjunction with session cookies to analyze our web page flow, administer our Website and run diagnostics, and to log your session information. We use persistent cookies to store your login name and password for the ETwater Service and to personalize your online experience on our Website. Most web browsers accept cookies by default, but allow users to reject cookies by changing the browser preferences. If you have set up your browser to reject cookies, some aspects of our Website and the ETwater Service may not work properly.
5.3 We may use your Personal Information to send you electronic newsletters or promotional e-mails, unless you have requested not to receive such promotional communications from us. We may also use your Personal Information to send you administrative communications or communications related to the provision of the ETwater Service, and you may opt out of these communications if you terminate your Account.
5.4 We may create Anonymous Information records from Personal Information. We reserve the right to use and disclose Anonymous Information at our discretion. “Anonymous Information” means information that is not associated with or linked to your Personal Information.
5.5 If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Website, the ETwater Service, or your Smart Controller (collectively, "Feedback") we may use such Feedback for any purpose, provided we will not associate such Feedback with your Account username. So that we may incorporate such feedback into the products and services we offer to you and/or other users, ET Water alone will own all right, title and interest, including without limitation all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to ET Water free of charge.
6. Our Information Sharing Practices. Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties, unless you ask or authorize us to do so.
6.1 From time to time, we may enter into relationships with third parties who work on behalf of or with us to provide our Website and the ETwater Service. In those circumstances, we disclose your Personal Information that is necessary for such third party service providers to perform those services, but these service providers do not have any independent right to share this information (except pursuant to a legal requirement such as a subpoena or warrant). For example, but without limitation, we may provide your credit card and related billing and payment information to third party payment processors and/or credit agencies engaged on behalf of ET Water for the purposes of checking credit, effecting payment, and servicing your accounts.
6.2 Although we currently do not have a parent company, any subsidiary, joint venture, or other company under a common control (each, an "Affiliate"), we may in the future. We may share some or all of your Personal Information with our Affiliates in which case we will require our Affiliates to honor this Privacy Policy.
6.3 If we or substantially all of our business or assets are acquired by or merged with another entity or entities, that entity or those entities will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information, as described in this Privacy Policy.
7. Law Enforcement Compliance. We may be required by law, or by law enforcement officers acting under the color of law, to record some or all of your communications on or through the Website or the ETwater Service. You hereby authorize us to, disclose your Personal Information (including without limitation your Account information) and any other information you have submitted to us: (a) in response to subpoenas, court orders, or other legal process or (b) to investigate, establish, protect or defend ET Water, any of our Affiliates, or any of our customers’ rights, property or safety.
8. Your Choices Regarding Your Personal Information.
8.1 We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us or our Website, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail you receive.
8.2 You may change your Personal Information and/or your Account password or the preferences you submitted to ET Water at any time by editing it in your Account page or you may delete your Account. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request, only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives. We are not responsible for deleting your Personal Information from the database of any third party with whom we shared your Personal Information in accordance with this Privacy Policy prior to processing your deletion request.
8.3 Despite your indicated e-mail preferences, we may send you administrative e-mails regarding the Website or your Account, the operation of your Smart Controller, or the provision of the ETwater Service to you, for example, but without limitation, Account creation confirmation, purchase confirmation, and notices of material changes to this Privacy Policy.
9. Third Party Content. Our Website may contain advertisements and other promotional content of third parties or third party products or services or links to third party websites (collectively, "Third Party Content"). We provide Third Party Content for your reference and convenience only. We do not imply any endorsement or recommendation of any Third Party Content or any association of us with such third parties. We have no authority or control over, and are not responsible for any Third Party Content. If you decide to purchase any third party products or services or access any of the third party websites linked to our Website, you do this entirely at your own risk. Please be aware that the terms of this Privacy Policy and our Service Agreement do not apply to Third Party Content. Third Party Content is subject to the terms and policies, including, but not limited to, privacy and data gathering practices, of the third parties providing such Third Party Content.
10. Security. We make reasonable efforts to protect your Personal Information, but no company, including ET Water, can fully eliminate security risks connected to handling information on the Internet or any wireless network.
11. Questions. If you have questions regarding this Privacy Policy, please call us at (415) 945-9383, email us at support@etwater.com, or write to us at: ET Water Systems, Inc., Attn: Privacy Policy, 384 Bel Marin Keys Blvd., Suite 145, Novato, CA 94949.