Privacy

It's important to us that you understand when and how we use your personal data. This policy explains what kind of data we collect, where it comes from and how we may use it. 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 website, located at www.watersmartsoftware.com, (our “Site”) and Services (as defined in the Terms of Use). Capitalized terms not defined in this Privacy Policy have the meaning given in our Terms of Use.

1. We collect information about you from your water utility and directly from you when you use our website. “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 and Anonymous Data, as described below.

   1. Personal Data We Collect about You from Your Water Service Provider. In connection with providing water service to you, your water service provider collects information about how much water you are using (your “Water Usage Data”) through their metering systems. Your water service provider supplies us with your current and historical Water Usage Data and certain Personal Data, which may include your first and last names, the address where Water Usage Data is collected, account number, water audit data, and prior participation in water conservation programs, which allow us to process your Water Usage Data for use with our Services and on our Site.

   2. Personal Data You Provide to Us. When you sign up for an account on our site, we collect Personal Data from you such as your first and last names, e-mail and mailing addresses, password and number of occupants in your house (your “Account”).

   3. Personal Data Collected via Technology. When you visit our website 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 website. 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 or access your Account on our network.

   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 information 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 and Security Policy.

   1. 1. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. 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.

      2. "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 the Services.

2. We use data about you and your water usage to help you to save water and reduce your water bills

   1. In general, Personal Data you submit to us is used to process your Water Usage Data for use with our Services and on our Site and 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 facilitate the creation of and secure your Account on our network; to identify you as a user in our system; to provide you with our Services, including information about your water usage; to communicate with you about our Services and opportunities and tips to lower your water usage; to provide improved administration of our Site and Services; improve the quality of experience when you interact with our Site and Services; to send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created; to send you administrative e-mail notifications, such as security or support and maintenance 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 upgrades and special offers related to our Services and for other marketing purposes of WaterSmart or our third party companies, should you opt-in to receive such communications by following the instructions we provide.

   2. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name or account number) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve our Site navigation. WaterSmart reserves the right to use and disclose Anonymous Data to third party companies in its discretion.

   3. Aggregate Data. We may aggregate data about water usage in various formats such that the data becomes anonymous and cannot be identified personally with you. For instance, aggregated data could be a summary of total water usage for all residences in a certain geographic area or climate. Aggregated data is not subject to privacy restrictions and is used by us to provide our Services to our customers.

3. Your personal data is kept safe and never shared without your permission

   1. Affiliates. Although we currently do not have a parent company, any 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.

   2. 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 Services.

4. We will not sell, lend or give your personal information to third parties offering other products or services

   1. 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.

   2. 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.

   3. Disclosure to Third Party Service Providers. We may share your Personal Data with third party service providers for the sole purpose of providing our Services to you through our Site. Such third party services providers may, among other things, provide technical support, conduct quality assurance testing, or facilitate creation of accounts. 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 the sole purpose of providing our Services to you through our Site.

   4. Disclosure to Water Service Providers. We may share your Personal Data with your water service providers to, among other things, allow water service providers (i) to better understand water usage patterns, (ii) to plan water efficiency strategies and (iii) to help their customers conserve water. The privacy policies of water service providers will apply to the use and disclosure of your Personal Data that we disclose to such water service providers.

5. You may opt out of receiving emails and can update your personal information at any time

   1. 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.

   2. Changes to Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account. You may request 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 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 any information, portions of your data may remain on our production servers indefinitely. Your data may also remain on a backup server or media. WaterSmart keeps these backups to ensure our continued ability to provide the Services to you in the event of malfunction or damage to our primary production servers. We also reserve the right to use any Aggregate Data or Anonymous Data derived from or incorporating your Personal Data.

6. We'll take reasonable steps 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. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. You are responsible for maintaining the confidentiality of your Password. Despite these measures, you should know that WaterSmart cannot fully eliminate security risks associated with Personal Data and mistakes may happen.

7. 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[at]watersmartsoftware[dot]com or write to us at the following address:

WaterSmart Software, Inc.

Attn: Customer Service

1550 G Tiburon Boulevard, #604

Tiburon, CA 94920

1. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision in accordance with the Terms of Use. Continued use of our Site or Services, following notice of such changes 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 in September 2010.