Last updated: February 4, 2017 to reflect the name change from Space Monkey to Vivint Smart Drive.
This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices described in this Policy.
The information we collect on the Service:
• User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, use the Service, post User Content, place and order in connection with the Service, interact with other users of the Service through communication or messaging features, or send us customer service-related requests.
• Your Data. As a part of our file storage and backup services, we may receive and store individual files and the folder structure in which those individual files are stored for the files and folders that you store, share, or otherwise make available through the Service (altogether, “Your Files”). Your Files includes the meta-data that may be a part of any of Your Files. For example, image files created by your camera may include meta-data identifying the camera model, configuration of the camera, and the geographic location where the photo was taken, among other information.
• “Cookies” Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
• “Automatically Collected” Information. When you use the Service, we may automatically record certain information from the devices you use to access the Service by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID for the devices you use to access the Service, information provided by your web browser about the configuration of your web browser and computing device, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or interact with the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. We may also collect information related to each SD Device, including whether the SD Device is online, bandwidth and usage statistics, and other diagnostic information. • Location Information. Your Files may contain meta-data that includes precise location information, and we may offer features that may index your file meta-data and provide features based on this meta-data, including location information. Certain versions of the Service’s mobile device software may request that you permit the mobile device software to access location information from your device. Your device may permit you to reject our request or otherwise configure the amount of location information the Service’s mobile device software can capture. These versions of the Service’s mobile device software may use this location information for the purpose of triggering certain background functionality within the app itself or other purposes as described within the mobile device software. • Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. We will not show ads to you based on the contents of Your Files. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and Vivint Smart Drive does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. Please see “Information about Advertising” below to learn about how we may work with third parties for advertising.
How we use the information we collect. We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
• We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
• We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
• We may use your email address or other information we collect on the Service (a) to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to Your Files stored on the Service or (b) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
• We may use “cookies” information and “automatically collected” information we collect on the Service to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide customized advertisements, content, and information; © monitor and analyze the effectiveness of Service and third-party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities on the Service.
• We also may use your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
When we disclose information. Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties in the following circumstances:
• Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile page, will be available to anyone who has access to that content, including other users.
• Any of Your Files that you choose to share with other users of the Service or through a URL may be accessible by third parties. Once a third party downloads any of Your Files, we do not have the ability to control how they may reshare or use Your Files that were made available through the Service, even if you have discontinued sharing any of Your Files through the Service.
• We work with third party service providers to provide website or application development, hosting, storage, maintenance, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.
• Your Files, in an encrypted form, may be copied and backed up onto one or more SD Devices, and those SD Devices may be under the control of Vivint Smart Drive, or under the control of a third party, such as another Vivint Smart Drive user. Your Files may be backed up in locations outside of the jurisdiction in which you live, and you consent to these transfers.
• We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (a) compliance with various reporting obligations; (b) for business or marketing purposes; or © to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
• We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (a) take precautions against liability, (b) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, © investigate and defend ourselves against any third-party claims or allegations, (d) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (e) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We also may disclose your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
You may, of course, decline to share certain personal information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account page on the Service. If you wish to access or amend any other personal information we hold about you, or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us at email@example.com. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at firstname.lastname@example.org or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
Information about Advertising
We may permit certain third party companies to help us tailor advertising that may be of interest to you. In connection with this advertising, these third party companies may collect and use information about your use of the Service, such as information about the pages you have viewed on our websites. These third party companies may then use this information to show you advertisements on our Service or on non-affiliated sites or services based on your use of our Service. In some cases, these third party companies may combine the information related to your use of our Service (if any) with information related to your use of non-affiliated sites or services, and then use that combined information to display advertisements that may be relevant to your interests. In the course of providing these services or placing advertisements, these third party companies may use technologies that enable them to identify your device or browser, web beacon technologies, place or recognize one or more unique cookies on your computer, and may record information to these cookies based upon your activities on our Service and on third-party websites and services. Each of these companies uses the information they collect according to their own privacy and security policies. To learn more about these companies and these practices, and to opt-out from having this information used for the purpose of serving you targeted advertisements, please visit http://www.aboutads.info/choices/. Please note that opting-out from these companies’ use of information to target advertisements does not opt you out from being served advertising. You may continue to receive generic ads.
The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at email@example.com and request that we delete that child’s personally identifiable information from our systems.
Vivint Smart Drive is a little different: When you store Your Files through the Service, Your Files may be stored across multiple SD Devices that could be physically located wherever we, our users, or others take them. This means that we may have limited physical control over Your Files, depending on where they are actually located within our Service. As a result, in addition to those physical safeguards that we take for Your Files and your personally identifiable information that are under our control, we take certain managerial and technical safeguards designed to improve the integrity and security of Your Files and your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store through the Service (including Your Files), and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
We need your help in protecting your account, including Your Files. You should choose a unique user name and password combination and immediately notify us if you ever believe your account or password have been compromised.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at firstname.lastname@example.org.
Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share Your Files or your information. Further, even after Your Files or other information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available through the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
Our Contact Information
Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at email@example.com.
Vivint, Inc. 4931 N 300 W Provo, Utah 84604