SYMPHONY SERVICES PRIVACY POLICY
Revision: 06/01/2021
This Privacy Policy (“Policy”) explains how your personal information is collected, stored, processed, transferred and disclosed by WaterFurnace International, Inc. (“WaterFurnace”), its affiliated companies and subsidiaries, and Trusted Third Parties (defined below) (also referred to as "we", "us", or "our"), through the use of its Symphony System, including devices, web portal, mobile application and the Symphony Services as further defined below.
Your personal information and the personally identifiable information created by your Symphony devices belong to you. You have the right to have a copy your personal information at any time. You also have the right to be forgotten if you so choose to stop using the Symphony Systems and Symphony Services. To delete or get a copy of your personal information and device data, send an email to symphony@waterfurnace.com.
This Policy applies to any personal information you provide to WaterFurnace through its Symphony System, including devices, web portal, mobile application used to register and monitor the services (collectively, “Symphony Services”), and any information we collect from other sources in text of providing the Symphony Services. This Policy is a statement of our practices and of your rights regarding your information.
By accessing or using our Symphony Services, you acknowledge that you have read, understand, and explicitly agree to the practices as described in this Policy. If you do not agree to the privacy practices as described in this Policy, please do not use the Symphony Services.
Click on the links below to jump to each section:
- When do we collect your information?
- What information do we collect?
- Information you provide to us
- Information we and our third party suppliers collect via the Symphony Services
- How do we use your personal information?
- Performing services at your request
- Conducting data analytics and supporting our Symphony Services
- Other uses
- Do we disclose any information to outside parties?
- Within WaterFurnace
- Our Business Partners
- Legal Requirements and Business Transfers
- What choices do you have about your personal information?
- Profile
- Do Not Track
- Do we transfer your personal information across geographies?
- How long do we retain your personal information?
- Third party links
- How do we protect your information?
- Your California and Nevada Privacy Rights
- Do we collect information from children?
- Contacting Us
- Changes to our Privacy Policy
When do we collect your information?
WaterFurnace and its third-party services providers, including, utilities, installation contractors and energy efficiency consultants, lenders, and other energy industry partners as set forth in the categories of third parties below (“Trusted Third Parties”), collect, access and exchange, within the context of our services, information relating to you and your use of our Symphony Services in order to provide services and features that are easy to use and responsive to your needs. WaterFurnace and or our Trusted Third Parties collect personal information in the following ways:
-
From your computer or device when you connect to our Symphony Services. Every computer connected to the Internet is provided with a domain name and an IP Address (e.g., 206.465.10.123). When you visit our Symphony Service and request a page from our website, our web servers automatically identify and log the HTTP request that is made to our web server.
-
From you when you register an account and communicate with us. We collect information from you when you register an account with us, request information by entering information in the Symphony Technical Support form, send us email, send us postal mail, or speak with us on the telephone.
-
From the mobile application. We may collect information from your mobile device when our mobile application is installed on your mobile device.
-
From the Thermostat. We collect information regarding temperature and thermostat settings.
-
From the Aurora WebLink router. We collect information when you and your devices interact with the Aurora WebLink router including Symphony Service usage analytics.
-
From Third Party Sources. We may collect information from contractors, distributors, or other resellers who help us to provide services, or from other Trusted Third Party suppliers.
What information do we collect?
Information you provide to us
When you provide personal information to us, we use it for the purposes for which it was provided to us as stated at the point of collection or as obvious from the context of collection. For example, when you create a profile on a website or mobile application, or provide the initial authorization and setup information via the platform devices, we will use that information to process your account. We may collect the following information:
- Name
- Address
- Email Address
- Telephone
- User Name
- Password
- Communication Preference
Personal Information collected and shared with Trusted Third Parties via the Symphony System
The categories of third parties include:
| Categories of Third Parties |
Categories of Personal Information shared with Third Parties |
|---|---|
|
Affiliated companies and subsidiaries; Business Partners, which may include, for example, lenders, utilities, our resellers, contractors, energy consultants, and integration partners; Service providers who provide professional or technical support functions; Users you authorize or who have authorized you to use a connected device or product through our application; Marketing partners, which may include, for example, entities that assist us with market research or advertising; and Professional service providers, such as an external auditor or law firm. |
Personal Identifiers |
|
Affiliated companies and subsidiaries; Business partners, which may include, for example, our lenders, resellers, contractors, and integration partners; Service providers who provide professional or technical support functions; Users you authorize or who have authorized you to use a connected device or product through our mobile applications; Marketing partners, which may include, for example, entities that assist us with market research or online advertising; and Professional service providers, such as an external auditor or law firm. |
Personal Records (e.g., signature, contact details, user ID, or other similar information) |
|
Affiliated companies and subsidiaries. Business partners, lenders, which may include, for example, our resellers, contractors, and installation partners; and Service providers who provide professional or technical support functions. |
Commercial Information |
|
Business partners, which may include, for example, energy consultants, utilities, our resellers, contractors, and integration partners; and Service providers who provide professional or technical support functions. |
Geolocation Information |
|
Business partners, which may include, for example, our resellers, contractors, and installation partners; Service providers who provide professional or technical support functions; and Marketing partners, which may include, for example, entities that assist us with market research or online advertising. |
Computer, Mobile Device, Platform Device or Hardware, Internet Usage Information |
|
Business partners, which may include, for example, our resellers, lenders, contractors, and installation partners; Service providers who provide professional or technical support functions; and Users you authorize or who have authorized you to use a connected device or product through our mobile. application. |
User Account Information |
|
Business partners, which may include, for example, our resellers, contractors, and installation partners; and Marketing partners, which may include, for example, entities that assist us with market research or online advertising. |
Inferences Drawn from Personal Information |
When you use our Symphony Services, mobile application, we and our Trusted Third Parties automatically collect information about how you access and use the Symphony Services and information about the device you use to access the Symphony Services. We typically collect this information through a variety of tools, including cookies, web beacons, pixel code, pixel tags, social media widgets, and similar technology (collectively, “tracking technologies”). We and our Trusted Third Parties may automatically collect such information as:
- IP Address
- Device Type
- Browser Type
- Operating System or Platform
- Name of Internet Service Provider
- Referring Website
- Exiting Website
- Pages visited on the website
- Frequency, time, data, and duration of your visit on our website
- Your Geolocation and physical location of where the Symphony Services are installed
- Whether you access our website from multiple devices
- Other interaction you may have on our website
- Device Unique Device Identifier (e.g., Unique Device Identifier (UDID) or International Mobile Equipment Identity (IMEI))
- Mobile device MAC or IP address
- Information about your mobile carrier
- Home size
- Home system configuration (including appliances monitored by the System, schedule, mode, automation and Thermostat settings)
- Thermostats in your home (including types, model numbers and software version numbers)
- Level of Service
- Communications relating to customer support, and information drawn from such communications, for statistical and reference
- Data regarding actual indoor and outdoor temperature and humidity information
- Thermostat usage data such as heating, ventilating, and air-conditioning ("HVAC") relay status, runtimes, settings
- Time of events in home
- HVAC diagnostic and usage logs from the HVAC system
- Alerts from the HVAC system
- Information about your electrical usage relating to electrical loads monitored by the System
- Overall household electrical usage
- Wi-Fi service set identifier
- Information regarding the router’s running status
How do we use your personal information?
The following is a description of how we use the information about you that we collect from you and from other sources.
Performing services at your request
We process personal information in order to provide the services you request as well as to respond to communications from you. The precise purposes for which your personal information is processed will be determined by your request, and by applicable laws, regulatory guidance and professional standards.
Conducting data analytics and supporting our Symphony Services
We use information we collect from you and information that we collect automatically from the applications to manage and improve our Symphony Services and our business. We take steps to ensure that your rights and the legitimacy of WaterFurnace's activities are safeguarded. For example, WaterFurnace may use your de-identified information and combine it with the de-identified information of others to generate statistics as a source of data for our products. For example, we use information to:
- To manage our business needs, such as monitoring, analyzing, and developing and improving services, and improving our Symphony Services’ performance and functionality. For example, we analyze Symphony Services user behavior and conduct research and analysis about the way you and other website(s) users use our services.
- To manage risk and protect the Symphony Services. We use data to better protect our services, our Symphony Services, and you by helping to detect and prevent fraud and abuse of the Symphony Services and our services.
Other uses
- To provide you with location-specific services. When you share your location information with us, we may use that information to tailor options, functionality or offers related to your location.
- To market our own products and services to you. Information we collect about you and how you use the Symphony Services and our services provides valuable information about how we can improve and offer additional products and services that we think might interest you.
- Conduct internal monitoring and training.
- Develop new services.
- Conduct processing necessary to fulfill other contractual obligations for you.
To comply with our legal and regulatory obligations. We will use your information as necessary to enforce the terms of our Sites and Services and to comply with all applicable laws and regulations.
Geolocation information. For certain Symphony Services, we may collect the precise, real-time location (i.e., geolocation) of your mobile device and your home-based platform devices. This information will be used only for purposes of facilitating your use of the Symphony Services, and our ability to gain insights on the energy efficiency and benefits of the Symphony Services. For these purposes, the geolocation of your devices may be disclosed to our Trusted Third Parties who may process this information in connection with providing services on our behalf.
We may de-identify information, including the geolocation information discussed above, by removing any identifier that can be associated with your personal information. De-identified information helps us develop reports and analyses about how our customers use our Symphony Services and for other research such as research regarding behavioral inferences. We may share de-identified information and reports and analyses based on de-identified information publicly and with other companies. We also use de-identified information to troubleshoot technical issues with our Symphony Services and to compile statistics and reports of usage of the Symphony Services. To enable technical support, de-identified information may be identified by an anonymous random number, which is not connected to any of your personal information. To further protect your privacy, de-identify information does not include contact information or any other information that would identify any specific individual or household.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to non-partner third parties your personal information. The transfer of data restriction does not apply to the Trusted Third Parties who assist us in operating our Symphony Services, conducting our business, or servicing you, who have agreed to keep this information confidential. We do not share your personal information with third parties except in the circumstances discussed in this privacy policy.
Within WaterFurnace
We may share your personal information with other WaterFurnace entities, brands, divisions, and subsidiaries to serve you, including for the activities listed above.
Our Business Partners
We disclose personal information to Trusted Third Parties, consumer and market research companies and other organizations, or suppliers who help us provide services or to other third-party suppliers who provide certain specialized services to us, to provide services on our behalf, or who co-operate with us on projects. These business partners may operate as separate controllers, and are responsible for their own compliance with data protection laws.
Trusted Third Parties are contractually restricted from using or disclosing the information except as necessary to perform services or to comply with legal requirements.
We may use independent contractors to assist with our operations. Such contractors provide services necessary for us to provide the System or conduct legitimate business activities in connection with the Symphony Services. Some of these contractors will have temporary access to our databases of personal information. Their access to such information will be limited to specific tasks. We also use outside third parties to help with certain aspects of our operations, which may require disclosure of your information to them. For example, we may use an outside third party to communicate with you (via telephone, email, or letter) about your account or upcoming features or services, to process and collect payment for your Symphony Services via your credit card, to generate demographic profiles based on information of our customers, and to perform other work as part of or in relation to the System that we may need to outsource. These contractors and third parties are responsible and liable if they misuse any of your information.
If the Symphony Service is provided through your utility provider or third-party system provider, we may share your information with your utility provider or third-party system provider in accordance with your agreement with such utility provider or third party service provider. Their obligations with respect to such Consumer Information is governed by their agreement with you. Please review their privacy policy to understand their privacy practices.
Legal Requirements and Business Transfers
We may disclose personal information (i) if we are required to do so by law, legal process, statute, rule, regulation, or professional standard, or to respond to a subpoena, search warrant, or other government official requests, (ii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (iii) in connection with an investigation of a complaint, security threat, or suspected or actual illegal activity; (iv) in connection with an internal audit; or (v) in the event that WaterFurnace is subject to mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party.
What choices do you have about your personal information?
We offer certain choices about how we communicate with you and what personal information we obtain about you and share with others. How can you update your information and communication preferences?
Profile
If you have created a profile or account on our Symphony Services, you can update your contact information after you log into your account.
You may unsubscribe from emails from us by clicking the Unsubscribe at the bottom of any promotional email from us. You may also contact us by e-mail or postal address as noted below. Please include your current contact information, the information you are interested in accessing, and your requested changes.
Do Not Track
Because currently there is not an industry or legal standard for recognizing or honoring Do Not Track (“DNT”) signals, we do not respond to them at this time.
Do we transfer your personal information across geographies?
If you are in another country, we may transfer personal information across geographical borders to WaterFurnace entities, authorized service providers, or business partners in other countries working on our behalf in accordance with applicable law. We, our affiliates, business partners, and other third parties may be based locally or in other countries outside of your own, some of which have not been determined by the European Commission to have an adequate level of data protection. WaterFurnace is based in the United States, which has not been determined by the European Commission to not have an adequate level of data protection.
Data controller and processing
WaterFurnace is the data controller for the data collected in connection with the use of Symphony Services outside of the United States. Personal Information and device information is processed in the United States.
How long do we retain your personal information?
We will keep your personal information for the period necessary to fulfil the purposes described in this Policy unless a longer retention period is permitted by law.
In specific circumstances, we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our Symphony Services. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. We urge you to read the privacy policies of other Symphony Services before submitting any information to those Symphony Services.
How do we protect your information?
WaterFurnace has implemented reasonable physical, technical, and administrative security standards to protect personal information from loss, misuse, alteration, or destruction. We strive to protect your personal information against unauthorized access, use or disclosure, using security technologies and procedures, such as encryption and limited access. Only authorized individuals access your personal information, and they receive training about the importance of protecting personal information.
Our affiliates, business partners, and other third-parties are contractually bound to maintain the confidentiality of personal information and may not use the information for any unauthorized purpose.
Your California and Nevada Privacy Rights
Pursuant to applicable California law, including the California Consumer Privacy Act (“CCPA”), WaterFurnace makes the following disclosures regarding the personal information we collect:
| Category of Personal Information | Category of Source from which Data is Collected | Purpose of Collection | Category of Third Parties to whom Data is Disclosed |
|---|---|---|---|
| Contact information such as name, email address, phone number, mailing address | Directly from users | To provide the Services, to market and promote our service providers’ Properties, and to support our and our service providers’ electronic and digital programs |
Trusted Third Parties and our other service providers |
| User preferences such as interests and activities | Directly from users | To personalize the Services according to your personal preferences and to serve and display targeted ads; for developing new goods and services, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our service promotions and operating and expanding our business activities |
Trusted Third Parties and our other service providers |
| Automatically collected information on Symphony Services such as IP address, device type, browser type | Cookies and other tracking technologies | For data analysis, audits, security and fraud monitoring and prevention; activities, events and promotions; for developing new goods and services, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our and our service providers’ promotional campaigns and operating and expanding our business activities | Trusted Third Parties and our other service providers |
We have not sold consumers’ personal information in the twelve (12) months preceding the effective date of this Privacy Policy.
If you are a California resident, pursuant to the CCPA, you have the right to request:
- the categories of personal information we have collected about you;
- the categories of sources from which your personal information is collected;
- the business or commercial purpose of collecting or selling your personal information;
- the categories of third parties with whom we share your personal information;
- the specific pieces of personal information we have collected about you;
- when and if applicable, the categories of personal information that we have sold about you and the categories of third parties to whom the personal information was sold, if applicable;
- deletion of your personal information; and
- an opt out of having your personal information disclosed or sold to third parties.
To submit a request or designate an authorized agent to make a request under the CCPA on your behalf, please contact us at symphony@waterfurnace.com, or 1-800-436-7283. To verify your identity when you submit a request, we will match the identifying information you provide us to the personal information we have about you. If you have an account with us, we will also verify your identity through our existing authentication practices for your account. Request will typically be honored within forty-five (45) days or less, but may take up to ninety (90) days based on the results of verification.
However, we will not be required to comply with your request to delete your personal information if it is necessary for us to maintain your personal information in order to:
- complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
- detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
- debug to identify and repair errors that impair existing intended functionality;
- exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent;
- to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
- comply with a legal obligation; or
- otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
We will not discriminate against you in the event you exercise any of the aforementioned rights under CCPA, including, but not limited to, by:
- denying goods or services to you;
- charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- providing a different level or quality of goods or services to you; or
- suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
If you are a California resident, you have the right to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may make one request each year by emailing us at legal@waterfurnace.com or writing to us at:
WaterFurnace International, Inc.
Attn: Legal Dept
9000 Conservation Way
Fort Wayne, IN 46809
Your Nevada Privacy Rights
We do not currently sell your covered information as those terms are defined under applicable Nevada law. However, you may still submit an opt-out request and we will honor that request as required by Nevada law if we were to ever engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of future sales of your covered information, please submit your request to support@waterfurnace.com, contacting us via the contact information posted above, or by calling us at 1-800-436-7283. Your request must include your full name, street address, city, state, zip code, and an email address so that we can contact you if needed regarding this request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. We will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.
Do we collect information from children?
Our Symphony Services are not directed to children under the age of 18 years and we do not knowingly collect personal information from children under the age of 18 years on our Symphony Services. Children under the age of 18 years are prohibited from using our Symphony Services.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.
WaterFurnace International, Inc.
9000 Conservation Way
Fort Wayne, IN 46809
legal@waterfurnace.com
Changes to our Privacy Policy
We may make changes to this Policy, and may apply any material changes to information previously collected, as permitted by law. When we make material changes to this Policy, we will notify you by posting the updated Policy on our Symphony Services, and we will update the effective date at the bottom of this Policy. By continuing to use our Symphony Services after being notified of material changes to this Policy, you agree that the terms of this Policy as of the effective date will apply to information previously collected or collected in the future.
This policy was last modified on 4/20/2021