It’s important to us that you understand when and how we use your personal data. This privacy policy (“Privacy Policy”) explains what kind of data we collect, where it comes from and how we may use it. Please note that if you are a user of services offered by WaterSmart in collaboration with your water utility which relate to your water usage data, a different privacy policy applies to you which you can review when logging into said Customer Portal.

WaterSmart Software, Inc. (“WaterSmart”, “Company”, “us”, “our”, and “we”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our public website located at www.watersmart.com (the “Site”).

  1. WE COLLECT INFORMATION ABOUT YOU DIRECTLY FROM YOU WHEN YOU USE OUR SITE.

(a) “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data. Anonymous Data does not permit the identification of individual persons. We collect Personal Data as described below.

(b) Personal Data You Provide to Us. When you sign up for a product demonstration, newsletter, or other offering on our Site, we may collect Personal Data from you such as your first and last names, e-mail and mailing addresses, and other information about your company or household. You may elect to provide information requested at that time or not sign up.

(c) Personal Data From Other Sources. We may also receive Personal Data about you from: (i) third parties that provide services for us in connection with the Site, (ii) third parties to whom you have voluntarily provided information, and (iii) other publicly available sources. We may add this information to the information we have already collected from you or via technology.

(d) Personal Data Collected via Technology. When you visit our Site we collect information about your visit, including your browser type, operating system, Internet Protocol address, domain name, and the date and time of your visit. We may use this information to inform you of software compatibility issues, or it may be analyzed to improve the design and functionality of our Site. We may also use Cookies and Web Beacons, both as defined below, to enhance Site navigation and functionality. We automatically gather this Personal Data and store it in log files each time you visit our Site.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyze visitor activity. We may permit these service providers to use Cookies, as defined below, and other technologies to perform these services for us. We do not share any Personal Data about our customers with these third party service providers, and these service providers do not collect such information on our behalf. Our third party service providers are required to comply fully with this Privacy Policy.

(i) “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions. We encode our cookies so that only we can interpret the information stored in them. If you choose to disable Cookies, some areas of our Site may not work properly.

(ii)”Web beacons” are images embedded in a web page or email for the purpose of measuring and analyzing site usage and activity. WaterSmart, or third party service providers acting on our behalf, may use Web beacons to help us analyze Site usage and improve our services.

  1. HOW WE USE PERSONAL DATA

In general, Personal Data you submit to us is used to respond to requests that you make, or to aid us in serving you better. WaterSmart uses your Personal Data in the following ways: to identify you as a user of our Site or offerings available from the Site; to provide you or communicate with you about offerings you elect; to inform you of other offerings or our available services; to provide improved administration of our Site and services; to improve the quality of experience when you interact with our Site; to send you a welcome e-mail to verify ownership of the e-mail address provided when you signed up on the Site; to send you administrative e-mail notifications, such as security advisories; to respond to your inquiries related to employment opportunities or other requests; to send promotional communications; to provide you with hardcopy or electronic newsletters, or surveys; to send offers for marketing purposes of WaterSmart or third party companies. You may opt out from such marketing and some of the other uses above by following the instructions we provide.

  1. YOUR PERSONAL DATA IS NOT SHARED WITHOUT YOUR PERMISSION

(a) Permission. We do not share your Personal Data without your permission. The only exceptions to this general rule are below.

(b) Storage and Security. Personal Data is stored in the hosting environments of cloud service providers with best practice security certifications we consider appropriate. We provide additional information on security practices in Section 6 below.

(c) Affiliates. Although we currently do not have a parent company, subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), we may in the future. We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

(d) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), WaterSmart may disclose Personal Data if it believes in good faith that such disclosure is necessary or appropriate to (a) comply with relevant laws or to respond to subpoenas or warrants served on WaterSmart; or (b) protect or defend the rights or property of WaterSmart or users of the Site or our services.

  1. WE WILL NOT SELL, LEND OR GIVE YOUR PERSONAL DATA TO UNAUTHORIZED THIRD PARTIES OFFERING OTHER PRODUCTS OR SERVICES

(a) Third Party Websites. Our provision of a link to any other website or location, is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our Site and go to another site. During this process, another entity may collect Personal Data or anonymous data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

(b) Disclosure to Third Party Companies. We may share your Anonymous Data with certain third party companies that offer goods and/or services that we think you might be interested in. We will not share your Personal Data with these third party companies. If you share your Personal Data with a third party company, the privacy policy of that third party company will apply to the use and disclosure of your Personal Data.

(c) Disclosure to Third Party Service Providers. We may share your Personal Data with third party service providers for the sole purposes of making our Site available to you and providing you with offerings you elect. Such third party services providers may, among other things, host our software and your data via the internet or conduct quality assurance testing. These third party service providers are required not to use your Personal Data other than to provide the services requested by WaterSmart. You expressly consent to the sharing of your Personal Data with our contractors and other service providers for such purposes.

  1. YOU MAY OPT OUT OF RECEIVING EMAILS AND CAN UPDATE YOUR PERSONAL INFORMATION AT ANY TIME

(a) Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or the purchase of our services and may contain advertisements for third party companies. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy and may communicate with you via e-mail regarding any offerings you elect on our Site.

(b) Changes to Personal Data. You may request change or deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it in accordance with Section 3 or applicable law. We also reserve the right to use or disclose any aggregate data or Anonymous Data derived from or incorporating your Personal Data indefinitely.

  1. WE DO OUR BEST TO KEEP YOUR DATA SECURE

WaterSmart is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. Under our information security policy we focus on tight access control to Personal Data, encryption of Personal Data in transfers, partnering with best-in-class cloud vendors for physical and environmental security, automation for change-management accuracy, human resources security to ensure all necessary controls on employees, and other security measures. Despite these measures, you should know that WaterSmart cannot fully eliminate security risks associated with Personal Data and security breaches are possible.

  1. SAFE HARBOR

WaterSmart complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. WaterSmart has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view WaterSmart’s certification, please visit http://www.export.gov/safeharbor/

IF ANY OF THIS DOESN’T MAKE SENSE, OR YOU’D LIKE TO ASK A QUESTION, PLEASE GET IN TOUCH. WaterSmart welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at info@watersmart.com or write to us at the following address:

WaterSmart Software, Inc.
Attn: Customer Service
20 California Street, Suite 200
San Francisco, CA 94111

CHANGES TO THIS PRIVACY POLICY. This Privacy Policy is subject to occasional revision in accordance with our posted Terms of Use. Continued use of our Site, following notice of such changes in accordance with the Terms of Use shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

This Privacy Policy was last revised on August 29, 2014