Privacy Policy

Sense was built from the ground up with the privacy of your data in mind. Keeping your data secure, and in your control, is central to how we run our company and how we design, build and sell our product. Most importantly, we believe that your data belongs to you, and that it is confidential. We will not disclose it with others unless you have given us permission to do so, either by agreeing to this privacy policy or by consenting to such disclosure, or we have anonymized and / or aggregated it such that your information is not personally identifiable.

Our Privacy Policy lays out what data we collect through our website, services and products (collectively, the "Services"), how we use it, and what your rights are. If you have any questions, please let us know at privacy@sense.com.

Terms not defined herein are defined in the Sense Terms & Conditions (https://sense.com/legal).

Information Collected.

Product Data. The Sense system collects detailed data about the usage of electricity through the electrical panel or electric meter in which it is installed. It collects detailed wattage and voltage information, and uses this data to generate hypotheses about specific devices in use. A subset of this data is sent to our servers, where it is stored.

Service Data. The Sense Application collects various information at setup, and in the course of usage. This includes information such as name, phone, and email address to associate with your Sense account; location data to set your time zone and to enhance product operations (for example, to correlate to weather); information you provide about your home, your appliances, connected smart home devices, and utility billing data; application usage information to monitor customer experience; and crash and error information for improving application experience.  If you are connecting to Sense through your electric meter, we may request information about your electric utility provider and account in order to associate your Sense account with your electric meter and electric utility account.

Information for Making a Purchase. If your purchase is made on the Sense website, we collect information about the purchase and delivery of Sense. This includes your email address, billing and shipping address, and (optionally) your phone number. Credit card information is not stored by Sense and is processed by a third party.

General Website Data. We collect information about you in various ways when you use the Services. We collect personal information you provide to us. For example, we collect your name, email address, and other information you provide via the Services when you submit inquiries or request more information about our Product and Service.

When you visit our Services, some information is automatically collected. For example, when you visit our website your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our site are logged automatically. We also collect information about your usage and activity of the Services.

Cookies. We may automatically collect information on our Website using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Services  and your experience. We may also use cookies to gauge site usage, conduct research and diagnostics to improve the content we provide you, our products and services, to help us analyze general web traffic, and to improve our campaign effectiveness.

Web Beacons. We may collect information on our Website using Web beacons. Web beacons are electronic images that may be used via the Service or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

Third Party Services.

We may link to certain third party websites and applications, such as Twitter, LinkedIn and Meta. In those circumstances, your use of the Services will be subject to this Privacy Policy and our Terms & Conditions, whether you are required to click through or otherwise. In addition, the third party website may also impose its own terms and conditions and privacy policies on your activities on their website or application. HOWEVER YOU ACCESS OUR SERVICES, YOU AGREE TO BE BOUND BY AND COMPLY WITH THIS PRIVACY POLICY AND THE SENSE TERMS & CONDITIONS AND WAIVE ANY OBJECTION TO THE ENFORCEABILITY THEREOF WITH RESPECT TO YOUR USE OF THE SERVICES.

We may use tools offered by third party services, such as Meta      to send data about actions users take on our site. These third party services may use such data to provide measurement services to Sense or to target ads. By continuing to browse on our website, you consent to cookie (or other tracking technologies) collected by Sense or its third party vendors, for the purpose of serving targeted advertising.

Third Party Resellers, Integrators and Program Providers.

You may have received your Sense product from a third-party reseller, or through programs that offer Sense products free of charge or with a rebate as part of a program.  You may also be using your Sense product in conjunction with another smart home or energy product that integrates with our Services.  

In those circumstances, your use of the Services will be subject to this Privacy Policy and our Terms & Conditions, whether you are required to click through or otherwise. In addition, the third party website may also impose its own terms and conditions and privacy policies with respect to your activities on their website or application. HOWEVER IF YOU ACCESS OUR SERVICES, YOU AGREE TO BE BOUND BY AND COMPLY WITH THIS PRIVACY POLICY AND THE SENSE TERMS & CONDITIONS AND WAIVE ANY OBJECTION TO THE ENFORCEABILITY THEREOF WITH RESPECT TO YOUR USE OF THE SERVICES.

Use of Information We Collect.

No information that we collect that is identifiable to you will be used in any way outside of our company without your express consent, except to the extent identified herein.

We may use information that we collect in the following ways     :

– To improve our Services. This includes improvements that are specific to your installation and that improve the Services.

– To identify opportunities for you to improve the efficiency of your home, such as ways to reduce electricity consumption, or identifying devices that are running inefficiently or may be failing.

– To send you alerts that you have enabled, such as a device that has finished running (like a dishwasher) or that has been left on for an extended period of time (like a stove).

– To provide you with information specific to your house, like a summary of device usage over time, comparative information relative to others, estimated energy costs, and warnings about potential electrical issues in your home.

– To understand you and your preferences to enhance your experience and enjoyment using our Services.

– To respond to your comments and questions and provide customer service.

– To provide and deliver the Services you request.

– To send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.

– To link or combine your information with other personal information we get from third parties, to help understand your needs and provide you with better service.

– To provide you with personalized promotions, offers, and advertisements, which may include providing third party advertising vendors with data collected to target advertising based on the end users’ online activity.

Sense may store and process personal information in the United States and other countries which may have data protection rules that are different from those of your country.

Disclosure of Personal Information.

We do not disclose your personal information with third parties other than as follows:

– with your consent, for example, when you agree to our disclosure of your information with third parties subject to their separate privacy policies

– with third party vendors, consultants and other service providers who work for us

- with third-party resellers, integrators, and program providers if applicable in your specific situation, who may use the data for purposes such as research, customer support, or in order to provide their respective services to you.

– to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect our rights and property and that of our agents, customers, members, and others including to enforce our agreements, policies and terms of use or (iii) in an emergency to protect the personal safety of any person

– in connection with or during negotiation of any merger, financing, acquisition, or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.

We may also share aggregated or anonymized information which cannot be linked to your specific account or other personal information.

Security of your Personal Information.

Though security incidents happen, we take steps to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Retention of your Personal Information.

We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Policy. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services or protect ourselves, including our rights, property or products.

Your Information Choices and Changes.

If you terminate the Service and uninstall or deactivate the Sense system , you may request that we delete all of the Product Data and Information for Purchase that was collected for your Account. To request this, please send an email to privacy@sense.com.

You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences and changes to your information including requests to opt-out of sharing your personal information with third parties by emailing privacy@sense.com.

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features relating to our Services. You can opt-out of the collection and use of information for ad targeting by visiting the NAI website opt-out page here: https://www.networkadvertising.org/choices/ or the DAA opt-out page here: https://www.aboutads.info/ .

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Like many websites, we do not support Do Not Track requests.

California Residents: Your California Privacy Rights.      

This section applies only to California residents.  It describes how we collect, use and disclose Personal Information of California residents in operating our business, and their rights with respect to that Personal Information.  For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act (“CCPA”) but does not include information exempted from the scope of the CCPA.

Personal information that we collect, use and share.

Please see below for a summary of how we collect, use and disclose Personal Information, and how we have collected, used and disclosed the information in the preceding 12 months.  We do not currently sell and/or share personal information, but had previously in the preceding 12 months for the purpose of online advertising as set out below.

Identifiers

• Types of Information: Name, email address, unique address, password
• Categories of Recipients: Service providers, online advertising providers, data analytics vendors, resellers, fraud marketing partners, other parties to whom you request we send your information
• Categories of Third Parties to Whom Personal Information Has Been Sold or Shared: Online advertising providers

Personal information listed in the California Customer Records statute (Cal. Civ. 1798.80(e))

• Types of Information: Name, postal address, phone number
• Categories of Recipients: Service providers, resellers, fraud prevention agencies, other parties to whom you request we send your information
• Categories of Third Parties to Whom Personal Information Has Been Sold or Shared: N/A

Commercial information

• Types of Information: Records of products and services purchased; information about your home, connected smart home devices, and utility bill data
• Categories of Recipients: Service providers, resellers, other parties to whom you request we send your information
• Categories of Third Parties to Whom Personal Information Has Been Sold or Shared: N/A

Geolocation data

• Types of Information: Postal address, geolocation data
• Categories of Recipients: Service providers, resellers, fraud prevention agencies, other parties to whom you request we send your information
• Categories of Third Parties to Whom Personal Information Has Been Sold or Shared: N/A

Internet or other electronic network activity

• Types of Information: IP address, device ID, browsing and search history, information about your interaction with the Service; application usage information to monitor customer experience
• Categories of Recipients: Service providers, online advertising providers, data analytics vendors, resellers, marketing partners
• Categories of Third Parties to Whom Personal Information Has Been Sold or Shared: Online advertising providers

Inferences

• Types of Information: Analytics and inferences relating to your utilities and home usage information
• Categories of Recipients: Service providers
• Categories of Third Parties to Whom Personal Information Has Been Sold or Shared: N/A

The specific business purposes for which we collect your Personal Information are described above in the section on “Use of Information We Collect.” We only use and disclose sensitive personal information for the purposes specified in the CCPA. The criteria we use to determine how long to retain your Personal Information is described above in the section on “Retention of your Personal Information.”

The Sale and Sharing of Personal Information. We do not currently “sell” or “share” (as those terms are defined under the CCPA) personal information (but had previously in the preceding 12 months for the purpose of online advertising as set out above).  

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Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

• Right to Know. You have a right to request the following information about our collection, use and disclosure of your personal information over the prior 12 months, and ask that we provide you with a copy of the following:

• categories of and specific pieces of personal information we have collected about you;
• categories of sources from which we collect personal information;
• the business of commercial purposes for collecting personal information;
• categories of third parties to whom the personal information was disclosed for a business purpose; and
• categories of personal information disclosed about you for a business purpose.

• Right to Delete. You have a right to request that we delete personal information, subject to certain exceptions.

Right to Correct. You have a right to request that we correct inaccurate personal information we maintain about you.

You may exercise any of these rights by emailing privacy@sense.com. We may need to collect information from you to verify your identity, such as your email address, government issued ID or date of birth, before providing a substantive response to the request. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

We will not discriminate against you for exercising any of your rights under the CCPA.

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Other U.S. Residents Privacy Rights.

If you are a California resident, please see the section above, California Residents, for information on your rights in relation to information that we have collected about you. If you are a resident of another U.S. state, depending on the state you live in, you may have some or all of the rights listed below in relation to information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law, including in the event you reside in a state that does not currently grant you these rights.

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• Right to Access. You may have a right to request that we confirm whether we process information about you and give you access to that information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another business without impediment.

• Right to Delete. You may have a right to request that we delete information we maintain about you.

• Right to Correct. You may have a right to request that we correct inaccurate information we maintain about you.

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You may exercise any of these rights by contacting us using the information provided below. Please note that we do not engage in targeted advertising (as defined by applicable U.S. state laws), the sale of personal information, or profiling activities.

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We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address, government issued ID or date of birth, before providing a substantive response to the request. Depending on your location, you may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.

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Finally, you may have the right to appeal our decision regarding a request related to these rights by contacting us using the information provided below. When you submit a request or launch an appeal, we will limit our collection of your information to only what is necessary to securely fulfil your request or process your appeal. We will not require you or your authorized agent to pay a fee for the verification of your request or appeal.

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Other Rights.

In addition, California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you may notify us in writing at privacy@sense.com.

You may disable the targeting advertising features by following the instructions at https://www.criteo.com/privacy/.

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Changes to this Policy.

We may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date below. If we make changes that are material, we will use reasonable efforts to notify you (e.g. through email to the extent you have provided us with that information) and obtain your consent and take additional steps as required by applicable law.

Questions

If you have any questions about this Policy or to access personal information we may have of yours, please contact us at privacy@sense.com

or by writing to:

Privacy Officer
Sense Labs, Inc.
485 Massachusetts Avenue
Cambridge, MA 02139

Last updated: October 30, 2023

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