Marvin Mobile Application Privacy Policy

• The Marvin Companies, Inc. (“Marvin”), respects your privacy, and we assure you that we take the protection of your personal information very seriously. We, therefore, provide this Mobile Application Privacy Policy to disclose our information collection, utilization, and sharing practices for our Marvin Home Mobile App (the "App"). If you do not agree to these terms, do not access or use the App. Except as described in this policy, we do not sell, rent, share, or disclose your personally identifiable information to or with any other organizations.
  
  This Privacy Policy is effective as of August 1, 2023.
  
  TYPE OF INFORMATION WE COLLECT DIRECTLY FROM YOU:
  
  Personally Identifiable Information (“PII”) – We use the App to provide you with remote access to your Marvin Awaken™ operational skylight enabling you to control LEDs, shades and venting. In the future, Marvin will update the App to permit you to control other Marvin devices such as casements, awnings, and multi-slide doors.
  
  In order to enable you to use the App for these purposes, we collect your email address.
  
  We also associate your email address with information on users, devices and homes that we have on file through our sales and installation services. That information is subject to our general Marvin privacy policy.
  
  INDIRECT COLLECTION - INFORMATION AUTOMATICALLY COLLECTED:
  
  When you use our App, we and our third party service providers may collect some information automatically from your device. By collecting this information, we get a better understanding of your needs and what products and services we can develop to meet those needs. All the information we gather helps us understand your preferences and how well our App is functioning so we can continually improve your experience with us. We also use this information for detection and prevention of fraud, security threats or other illegal or suspicious behavior on our website.
  
  Third-Party Service Providers – We use track and examine the use of our App. To prepare reports on its activities and share them with other Google, Inc. services. Google, Inc. may also use the data collected to contextualize and personalize the ads of its own advertising network. You may view Google’s privacy policy here: https://www.google.com/intl/en/policies/privacy/, with more information located here: https://www.google.com/policies/privacy/partners/ (including information regarding how to control how information is shared through your Ads Settings) and here: https://support.google.com/analytics/answer/6004245?hl=en.
  
  How do we use your information?

  Our main goal in collecting information is to provide you with remote access to your Marvin Home devices so that you can take control of various remote operation features. This access allows you to use our App with your Marvin Awaken™ operational skylight enabling you to control LEDs, shades and venting and to use new devices in the future.
  
  We will also use your personal information to:

• Notify you of other products or services available from Marvin and our affiliates
  
  

• Make our products, services, and App better
  
  

• Compile, analyze and do research on the use of our App and devices
  
  

• Generate reports on which users, devices and homes we have stored in our cloud services.
  
  

• Detect, investigate and prevent activities that may violate our policies or be illegal
  
  

• We use, and share location data only to provide and improve our services.

SHARING OF YOUR INFORMATION

We will not sell, rent or lease your information to others without your consent, except as provided in this Privacy Policy. In general, the information you provide will be used to support your customer relationship with us and to enhance and improve our App, products, services, and advertising. These are some of the ways that your information may be disclosed:

Service Providers

We may engage third-party service providers, consultants, and independent contractors to perform functions and provide services for us including without limitation those third-party service providers mentioned in this Privacy Policy. We may share the information we collect through our App with these service providers so that they can perform services for us in relation to our App and our business. For example, we store information we collect on the App and the Marvin devices on the Microsoft Azure services and have entered into a Data Protection Agreement with Microsoft to protect this information and limit their role as a service provider.

We also use third-party integrators to assist customers in the installation and setup of their Marvin devices and the App. We may share your personal information with your integrator to provide device-level user support.

Affiliates

We may share information we collect about you between the Marvin Companies and its Affiliates. Affiliates, for purposes of this Privacy Policy, shall mean any parent or subsidiary entities and any entity controlling, controlled by, or under common control of the entity, where “control” is defined as (a) the ownership of at least fifty percent (50%) of the equity or beneficial interests of such entity, (b) the right to vote for or appoint a majority of the board of directors, managers, governors, or other governing body of such entity, or (c) the power to exercise a controlling influence over the management or policies of the entity.

Data in the Aggregate

We may disclose “blinded” aggregated data and user statistics to prospective partners and other third parties. Blinded data is data that does not identify an individual person.

Other

In addition to the situations described above, we also may disclose your information in special cases. For example, we may use and disclose your information in special instances when we have reason to believe disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interfering with our rights or property, other App visitors, or anyone else. We may disclose your information when subpoenaed, for government investigations, and when we otherwise believe in good faith that the law requires it. We and our service providers may disclose, access or monitor your personal information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service and improve our products and services and our information security. This includes third party partners and service providers we use to enable the detection of devices connected with fraud and other types of information security vulnerabilities, to prevent fraud, security threats and illegal or malicious behavior, and to enhance security on our website and other pages on the internet.

As we continue to develop our business, we may buy or sell businesses or assets. In such transactions, confidential customer information generally is one of the transferred business assets. In the event of a transaction involving the sale of some or all of Marvin’s businesses, customer and App user information may be one of the transferred assets and may be disclosed in connection with negotiations relating to a proposed transaction. In such case, the transferred information may become subject to a different privacy notice.

HOW CAN I CONTROL MY PERSONAL INFORMATION?

We offer our customers choices for the collection, use and sharing of personal information. You may contact us using the contact information at the bottom of this Privacy Policy if you wish to view, edit, or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request. We also provide a simple mechanism in the "My Account" section of the App to enable you to make a request to delete your account and data.

If you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of this website, you should contact a representative of Marvin using our contact information at the bottom of this Privacy Policy.

HOW DOES MARVIN PROTECT FINANCIAL-RELATED INFORMATION?

We do not collect financial-related information through the App. Information we collect separately to process payments for Marvin devices and services is collected under the general Marvin privacy policy.

WHAT SECURITY PRECAUTIONS ARE IN PLACE TO PROTECT AGAINST THE LOSS, MISUSE, OR ALTERATION OF YOUR INFORMATION?

We treat knowing when someone opens their windows, skylights, and whether their doors are open as sensitive for a homeowner’s safety and privacy in their home. We encrypt everything end-to-end and lock down our systems and services with Marvin IT Security’s oversight.

We also limit the personal information that our staff sees when interacting with your personal information. In our system, most staff only have access to domain-level information. In other words, while working with the App and Devices they may be working with data from [email protected] but would only see a truncated version of that email address like *@gmail.com

Your App account is password-protected so you only you have access. We use encryption technology for passwords, and personal information. Because information sent through the Internet travels from computer to computer throughout the world, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems. We limit access to your personal information to those employees who reasonably need access to such information in order to provide and improve our services and process your information appropriately.

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

The length of time we retain personal information will be determined based upon criteria such as: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators; or the type of contract we have with you, the existence of your consent, and our legitimate interest or business need in keeping such information (for example, to provide you with a service you have requested or to comply with applicable legal, tax, compliance, or accounting requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

WHAT ELSE SHOULD I KNOW ABOUT YOUR PRIVACY?

When you or we end your customer relationship with us, we will treat the information we have about you as if you were still our customer.

OTHER INFORMATION PRACTICES

Children - Protecting the privacy of children is very important to us. For that reason, our App does not solicit, collect, or maintain personally identifiable information from users we actually know are under age 13. If you are a parent or guardian, please contact us if you believe information regarding a child has been collected by us through our App.

Changes to this Policy - We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be available through the App. Please check the App often for changes. By continuing to access or use our App after those changes become effective, you agree to be bound by the revised Privacy Policy.

Subject to Terms of Use - This Privacy Policy is further subject to the terms set forth in any terms of use we provide for the App or legal disclaimers including without limitation all provisions regarding warranty disclaimers, limits of liability, and dispute resolution mechanisms such as the jurisdiction and forum provisions.

YOUR PRIVACY RIGHTS IN CALIFORNIA AND OTHER STATES

If you are a California Resident, you have rights under the California Consumer Privacy Act of 2018 (CCPA) as amended by the California Privacy Rights Act of 2020 (CPRA). If you are a Virginia Resident, you have rights under the Virginia Consumer Data Protection Act. If you are a Colorado Resident, you have rights under the Colorado Privacy Act (CPA).

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes. However, to make such a request, please send an email to or write us using the contact information at the bottom of this Privacy Policy. Make sure to state that you are a California Resident.

Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. We do not sell your personal information to third parties as defined in Nevada law.

In the future, you may have rights under the Connecticut Data Privacy Act, the Utah Consumer Privacy Act and other state privacy laws that become effective. Please check back for updates as we may update this Privacy Policy to address those laws. When these new laws become effective, we will adhere to the privacy rights below to the extent they apply to the specific law.

Some of these state laws do not apply to personal information collected in the business to business context (B2B) or in the human resources (HR) context. We will not process privacy rights requests where these exceptions apply.

Various state privacy laws including the CCPA and CPA require us to provide you with more detailed descriptions of the personal information we collect. Below is a chart that details our collection practices.

Identifiers (such as name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or similar identifiers)