LIV + App Privacy Policy.

LIV + App Privacy Policy.

PRIVACY STATEMENT FOR THERMACELL PRODUCTS AND SERVICES

This Privacy Statement for Thermacell Products and Services (“Privacy Statement”) describes the information that Thermacell Repellents, Inc. (“Thermacell,” “we,” “us” or “our”) collects, uses, shares, and stores, including personal information (i.e., information that personally identifies you, such as your name, email address or contact information, or other data that can be reasonably used to infer this information) specifically in connection with the operation and use of Thermacell products and services (“Thermacell Products”). In this Privacy Statement, the expression “Thermacell Products” also includes our Web Apps and Mobile Apps (LIV+, LIV Plus) as defined in our Terms of Service available atnhttps://info.thermacell.com/hu....

BY USING THE THERMACELL PRODUCTS AND SERVICES (AS DEFINED IN THE TERMS OF SERVICE), YOU AGREE TO ALLOW US TO COLLECT AND PROCESS INFORMATION AS DESCRIBED IN THIS PRIVACY STATEMENT. YOU CAN CHOOSE NOT TO PROVIDE CERTAIN INFORMATION. IF YOU CHOOSE NOT TO PROVIDE SUCH INFORMATION, HOWEVER, YOU MIGHT NOT BE ABLE TO USE OR TAKE ADVANTAGE OF MANY OF OUR SERVICES.

1. Information Collected and Stored when Connecting a Thermacell Product to the Internet, Creating an Account and/or Using the Services. We receive and store any information you provide when you connect a Thermacell Product to the Internet, when you create an Account (as defined in the Terms of Service) and/or when you use the Services. Examples of information we collect are:

(a) Wi-Fi Network Information. To connect your Thermacell Product to our Services, or to access your Thermacell Product over the Internet from a computer, a smartphone or a tablet, you will need to connect the Thermacell Product to your Wi-Fi network. During the setup process, the Thermacell Product will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. The Thermacell Product will save this information on the device, along with your IP address, so that you can access the Thermacell Product and control it from your computer, smartphone or tablet. Having your Thermacell Product connected to the Internet will also allow the Thermacell Product to communicate with Thermacell and/or third-party servers and receive software updates. Once connected to your Wi-Fi network, your Thermacell Product regularly sends the data described in this Privacy Statement (excluding your Wi-Fi password) to Thermacell to enable Thermacell to provide the Services to you.

(b) Email Addresses. As part of the initial process of setting up your Thermacell Product, you will have the opportunity to create an Account. When you create an Account, we will collect and store your email address. Your email address will be used for certain communications from Thermacell. In addition, Thermacell may provide you with the ability to enable other authorized users to access your account. We will ask you for the email address of any such individuals and automatically send them an email invitation on your behalf. Thermacell will also store information regarding other authorized users in order to register those authorized users if they request.

(c) Basic Profile Information. During the Account registration process, you will be asked to provide certain basic profile information like your name, location and contact information. This information helps Thermacell to customize your experience with the Thermacell Products by, for example, monitoring regional weather patterns or mosquito pressure, among other things.

(d) Technical Information from the Device. In order to improve your experience with the Thermacell Products over time and help troubleshoot any problem you may encounter with the Thermacell Products, we also record your Thermacell Product model and serial numbers, software version, and technical information such as Wi-Fi connectivity, error logs, power status, and whether certain Thermacell Product features are working properly.

(e) Usage and Performance Information. We collect information about your use of the Thermacell Products, including activities you perform (such as typical usage or scheduling), activities the Thermacell Products perform (such as sending a notification) and your responses to the Thermacell Product notifications. This data may be used to improve the functionality of the Thermacell Products and your experience with the Thermacell Products over time.

As a reminder, when you visit our Sites(as defined in the Terms of Service), we collect personal information as described in our separate Privacy Policy for Thermacell Websites. Like most Internet sites, we routinely record log entries (including information such as your IP address) and technical information (including your browser type and version) when you access the Sites. Additional information regarding the personal information we collect from visiting our Sites and how we use that information is available at https://www.thermacell.com/pag....

2. Information Shared Among Connected Thermacell Products
Thermacell Products may share certain information with other connected devices, such as usage data and cartridge levels. This sharing may occur locally among connected devices (both Thermacell Products and third-party devices). Information may also be shared between Thermacell Products and your mobile device or application (including the Services), and among the Thermacell servers (or, if applicable, the third-party servers used by Thermacell).

3. Information Related to Thermacell Product or Account Interactions with Third Parties
(a)
If you choose to connect third-party products and services with your Thermacell Products, you will be shown details about any proposed exchange(s) of data between Thermacell and the third party providing the product or service. Thermacell or the third-party will instead (or also) ask for consent to control the products that you have connected. Your consent will be required to allow any of these exchanges or to enable you to control those products. You will have the right to revoke that consent at any time.
(b)
Any information that you choose to share with a third party through the use of a Thermacell Product or Service is governed by that third-party’s privacy policy while such information is in that third party’s possession.
(c)
Any information that Thermacell receives from third parties will be processed and stored by Thermacell or its third-party partners and will be treated in accordance with this Privacy Statement. This information may be stored, processed and used in the same ways as any other data that is a part of your Thermacell Account or the Thermacell logs.

4. Thermacell’s Use of the Information Collected
(a)
We use this information collected as provided above to provide, develop and improve Thermacell Products and Services, including making assessments and recommendations about the safety and use of the Thermacell Products and Services. We may use your contact details to send you this information, or to ask you to participate in surveys about your use or experience with the Thermacell Products. We may also use your contact details to send you marketing and other Thermacell Product-related communications from Thermacell.
(b)
We may also use information collected from you and/or your Thermacell Products or the Services in a non-personally identifiable or aggregate form for research purposes and to help us make sales, marketing, and business decisions.
(c)
We may use third-party service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.

5. European Requirements Related to Information Processing
If European data protection law applies to the collection, processing and use of your information, we will collect and process your personal information for the following purposes:
(a)
When Providing a Product or Service. We will process your information to provide and support a product or service you have requested, including but not limited to products or services provided under our Terms of Service.
(b)
When Pursuing Legitimate Interests. We may process your information for Thermacell’s legitimate interests and those of third parties provided that we apply appropriate safeguards to protect your privacy. For example, we may process your information for the purpose of:
i. Offering and improving Thermacell Products and Services;
ii. Developing new products, services and features;
iii. Understanding how people use the Thermacell Products and Services;
iv. Performing research that improves the Thermacell Products and Services for our users;
v. Sending you direct marketing and other communications from Thermacell;
vi. Detecting, preventing or otherwise addressing fraud, abuse, security or technical issues with our Thermacell Products and Services;
vii. Maintaining and improving the integrity of our computing systems and protecting our users’ data security; and
viii. Enforcing legal claims, including the investigation of potential violations of applicable Terms of Service.
(c)
When Complying with Legal Obligations. We will process and use your data when we have a legal obligation to do so, for example, if we are responding to a legal process.
(d)
With Your Consent. We may ask for your consent to process your information for certain specific purposes, and we will give you the right to withdraw that consent at any time.

6. Circumstances Where Thermacell Shares Your Information
(a)
Under no circumstance will we share personal information for any commercial or marketing purpose unrelated to the activation and delivery of Thermacell Products and Services without your prior permission. We will not rent or sell our customer lists that include your personal information without your prior permission. The following are the limited situations where we may share personal information:
i.
With Your Consent. We may share personal information when we have your consent. One example of this would be if you invite another user to access the Thermacell Products on your Account as an additional authorized user. If you connect third-party devices and services to your Thermacell Products, you will be shown information about any proposed exchange of data from that connection. Thermacell or the third party will request your consent to these exchanges on your behalf and you can change your mind at any time. When you use third-party products and services integrated with the Thermacell Products, the terms and privacy policies of such third-party products and services will govern your use of those products and services.
ii. For External Processing. We may engage vendors, service providers, and third-party technicians (collectively, the “Subcontractors”) to assist us with some of the data processing, storage and use described in this Privacy Statement, including to help answer your questions. These Subcontractors may also assist with monitoring our servers (including third-party servers used by Thermacell) for technical problems. These Subcontractors (as well as Thermacell employees) may be given access to certain information about you or your Account if necessary to provide those support services. In no event will these Subcontractors be allowed to use this data for
purposes not permitted under this Privacy Statement or the Terms of Service.
iii. As Part of Business Transitions. If Thermacell participates in the sale or transfer of Thermacell’s business and/or all or part of its assets, your personal information may be among the items sold or transferred. We will require that any purchaser treat our data in accordance with this Privacy Statement.
iv. For Legal Reasons. We will share personal information with third parties if we have a good faith belief that access, use, preservation or disclosure of the information is required by Thermacell to (i) comply with any applicable law, regulation, legal process or enforceable government request; (ii) enforce Thermacell policies or contracts, including in connection with the investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) lawfully protect the rights, property or safety of Thermacell, our customers and Thermacell Product users or the public.
(b)
We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners and suppliers. We will take steps to ensure that this non-personal information does not identify you, and we require any of our partners who has access to that non-personal information to do the same.
(c)
You should be aware that if you select an outside party for the purchase or maintenance of your Thermacell Product and share your personal information with that party, we cannot control the collection, storage or sharing of information you share with that party. You
should always carefully review the privacy policies of any company or organization with whom you share your personal information.

7. Protecting Your Personal Information
We use industry-standard methods and procedures to keep your personal information safe and secure when it is transmitted over your home network and through the Internet to the Thermacell servers, including third-party servers utilized by Thermacell, where your personal information is processed. Depending on your location and type of data, Thermacell may process your personal information on servers that are not located in your home country. Unfortunately, the Internet and any technical system cannot be guaranteed to be 100% secure or error-free, and we cannot ensure or warrant the security of any information you transmit to us via the Internet. The transmission of such information is entirely at your own risk.

8. Processing of Your Personal Information
All information collected by the Thermacell Products and Services will be processed in and subject to the laws of the United States. If you are not located in the United States, such laws may not provide the same level of protection for your information as those in your home country. Your information may also be transferred to and stored on secure servers managed by Amazon. and any other third party contracted by Thermacell. By using the Thermacell Products and/or Services and providing us your information, you consent to the transfer of your information to, and processing of your information in, the United States, and the transfer, storage and processing of your information on such third-party servers.

9. Accessing, Editing and Deleting Your Personal Information
(a)
Generally.
i. Thermacell generally stores your personal information (including personal information provided when creating an Account) on Thermacell’s and/or Thermacell-designated third-party servers until you choose to edit or delete such information, or for as long as you use the Thermacell Products and/or Services. In addition, Thermacell may store your personal information in order to resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws as provided in this Privacy Statement.
ii. You can access, edit or delete your personal information from these servers through the controls in your Account. Thermacell customers can also request a copy of their Thermacell data by emailing customerservice@thermacell.net.
(b)
Additional Rights Applicable to Individuals in the European Economic Area.
i. If you are located in the European Economic Area, you have the right to obtain confirmation as to whether Thermacell is processing personal information about you, request access to your personal information and ask that we correct, amend or delete your personal information. In addition, you may object to Thermacell’s processing of your personal information at any time, in which case Thermacell will cease such activity. You should understand that doing so may impact your use of the Thermacell Products and Services.
ii. If European Economic Area law provides you the right to request access to, receive, object to or restrict processing of, seek rectification of, or request erasure of personal information held about you by Thermacell, you may do so, as applicable, through controls in the Thermacell application or by contacting Thermacell. To protect your privacy, Thermacell will endeavor to take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

10. Minors
Only individuals aged 18 and older are permitted to act as Owners (as defined in the Terms of Service) of Thermacell Accounts. Authorized Users (as defined in the Terms of Service) must be over the age of 13 (or equivalent minimum age in the jurisdiction where they reside) and may only use the Thermacell Products and Services under the supervision of a parent or legal guardian who have agreed to be bound by the Terms of Service on such Authorized User’s behalf. Thermacell does not knowingly collect or store any personal information from anyone under the age of 13.

11. California Requirements
If you are a California resident, the California Consumer Privacy Act (CCPA) may provide you with additional rights regarding our use of your information. To learn more about your rights under the CCPA, visit our CCPA Privacy Notice at https://info.thermacell.com/hu....

12. Privacy Statement Changes
Please note that this Privacy Statement may change from time to time. We will provide notice of any changes on the website.

13. Contact Thermacell
(a)
For users in the United States and other countries outside of the European Economic Area:
Thermacell Repellents, Inc.
32 Crosby Drive
Bedford, MA 01730
customerservice@thermacell.net