PRIVACY AND COOKIES POLICY

This is the Privacy and Cookies Policy (“Policy”) for Snap One, LLC as well as our subsidiaries and affiliates (collectively, “we”, “us” and “our sites” or “our Devices” and note we trade as “Control4” as applicable). It is addressed to the users of our products and services (“End Users”), to our authorized independent dealers and integrators (“Dealers”) who resell our products to End Users, and to other partners from whom we may collect personal information (“Partners”). The purpose of this Policy is to explain how we collect personal information, personal data, personally identifiable information, and/or non-public personal information about you (collectively, “personal data”), why we collect it, and what we do with it.

This Policy covers the use of any of our connected devices and related applications and services (“Devices”). This includes but is not limited to the following Devices:

• Control4
• OvrC
• 4Sight
• Access Networks
• Araknis
• Clare Controls
• Luma
• Parasol
• SunbriteTV
• Visualint
• Wattbox

Visit our website here for a full list of Snap One’s products and services.

This Policy also covers the use of the websites operated by us or on our behalf, including but not limited to:

• SnapOne.com
• Control4.com
• SnapAV.com
• SunbriteTV.com
• OvrC.com
• ClareControls.com
• GetParasol.com
• TriadSpeakers.com
• EpisodeSpeakers.com
• LumaSurveillance.com
• AccessNetworks.com

We are committed to protecting and respecting your privacy.

This Policy sets out:

• The types of information we collect about you
• How we use your information
• Our promotional updates and communications
• Who we give your information to
• Where we store your information
• How we protect your information
• How long we keep your information
• Your rights
• Region specific sections
• Our use of cookies and other technologies
• Changes to this policy
• How to contact us

Please read this Policy carefully before accepting and/or using our products or services to understand our views and practices regarding your personal data and how we will treat it.

By accepting and/or using our products or services, either for your own use or for resale, you acknowledge you have read and understood this Policy. If you have any questions, you can contact us using the details at the end of this Policy.

Snap One LLC or whichever of its affiliates or subsidiaries you engage with is the data controller, as this term is defined in the GDPR, the UK GDPR, or any other applicable European Economic Area data protection law (the “European Data Law”), with respect to your data we collect directly from you. We may also act as a data processor or service provider in certain circumstances, including for our Dealers that use our OvrC platform.

Information we collect about you

As a preliminary matter, we do not knowingly process sensitive personal data (called Special Category data in European Data Law) or information about children. We may collect location data if you use location dependent features, as described below, but we do not use this information for other purposes or to infer characteristics about you.

We will collect and process and may have, in the last 12 months, collected and processed the following types of personal data:

Information you give us

• This is information about you that you give us directly when you interact with us.


• This includes information about you that you give us by filling in forms on our sites or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you provide feedback on our products, register to use our sites, register purchases with us, subscribe to our services, search for a product or an independent Dealer on our sites, place an order on our sites, report a problem with our sites or products, or participate in discussion boards or other social media functions, enter a competition, promotion or survey, or submit a query, on or via our sites.


• The information you give us may include your name, address, e-mail address and phone number, employer, title/position/role, financial and credit card information, personal description, login and password details, and other information that alone or in combination with other information could constitute personal data.


• We may also ask you to provide details of the products you use (either our products or third-party products connected to our products) such as model or serial number. We will also ask you for information about problems you report with our products or services, or about related incidents or support needs.
• You may not be able to configure your device until you have accepted our End User License Agreement, Terms and Use, and Privacy Policy, and once you have done so we will keep a record of your acceptance.

Information we collect about you from your use of our sites

• We may automatically collect information from you each time you visit our sites and/or use our mobile apps. This includes technical information and information about your visit.


• Technical information may include the Internet protocol (IP) address used to connect your device to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.

• Information about your visit may include the full Uniform Resource Locators (URL); clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs); methods used to browse away from the page; and any phone number used to call our customer service number or social media handle used to connect with our customer service team.

  
  Delivery of location services will involve reference to one or more of the following: (a) the coordinates (latitude/longitude) of your location; (b) look-up of your country of location by reference to your IP address against public sources; and/or (c) your Identifier for Advertisers (IFA) code for your Apple device, or the Android ID for your Android device, or a similar device identifier. See the below section titled Cookies and other technologies for more information on the use of cookies and device identifiers on the sites.

Information we receive from our products

• If you use our Devices and services that connect to the internet (e.g., Control4 or OvrC) we will collect information about the extent, nature, and frequency of your usage as part of our monitoring of the Devices directly from the Devices. Through your use of our Devices we will collect:


• Model and serial numbers of those products
• Media Access Control (MAC) address of those products
• The version and type of software collected
• Names of third party services and devices with which you integrate with or to our products, potentially including usernames and passwords you input
• Names you give to rooms/locations where you have connected Devices
• Your general location (e.g. latitude and longitude).

Information about how you have configured our Devices

• If you use our Devices and services that connect to the internet we will collect Information about how you have configured our Devices, and, if you use our networking products with our remote monitoring capability, we may collect similar identifying information, configuration information, and status information about devices you have connected to your network through our OvrC software platform.


• Some Devices may also inform us of:


• When, where and how you use them.
• Your Device settings and alterations you make.
• Third party devices you have connected to or integrated with our products.


• We work closely with third parties (including, for example, service providers and / or sub-contractors in technical, hosting, payment and delivery services, advertising networks, analytics providers, and search information providers (see list here). Our Partners (including independent Dealers that may install, service and remotely monitor and troubleshoot your Devices) should have their own privacy policies about how they use your data that they will make available to you.


• Video surveillance use and storage


• Privacy and video surveillance laws in your jurisdiction may apply to your use of our products and services (including Control4 Chime Video Doorbell, Clarevision, and Luma). You are solely responsible for ensuring that you comply with applicable law when you use our video enabled products or services. For example, you may need to display a notice that alerts visitors to your home that you are using our products or services. Capturing, recording or sharing video or audio content that involves other people may affect their privacy rights.


• If you subscribe through Control4 to cloud video storage through use of Control4 Chime Video Doorbell or Luma Insights, Snap One will store those video feeds on our cloud servers to allow you to view and access your video and/or audio for a defined period of time. The standard retention period for cloud video storage for Control4 and Luma products is seven days. Please visit our product pages for specific information about your specific products. If you use a third-party cloud video service not manufactured by Snap One, refer to your provider for applicable information. our retention policies for video feeds that may be stored on our cloud servers through your use of the Control4 Chime Video Doorbell. And visit https://www.snapone.com/privacy/law-enforcement-guidelines for to information about what Snap One’s policy on sharing stored video with law enforcement.


• If you subscribe to Luma Insights, you will have the option to provide feedback to Snap One related to the accuracy of the Luma Insights image identification features, which Snap One will retain and use to improve its products and services.

How we use your information

We use information held about you in the following ways:

Information you give to us:

We will use this information to:

• Take steps in order to enter into any contract or carry out our obligations arising from any contract entered into between you and us including:


• Provide you with support services, configuration services, and device maintenance that you have signed up for.
• Notify you about changes to our products and services.


• Provide you with information about our products or services we feel may interest you, if you have given your consent to receiving marketing material from us at the point we collected your information, where required by law or otherwise in our legitimate interests provided these interests do not override your right to object to such communications. See the section titled ‘Our promotional updates and communications’ of this Policy.


• Ensure in our legitimate interests that:


• Content from our sites is presented in the most effective manner for you and for your computer or device.
• We provide you with the information, products and services (including support services) that you request from us.

Information we collect about you from your use of our sites and connected products and your engagement with e-mails we send you

We will use this information in our legitimate interests, where we have considered these are not overridden by your rights:

• To allow you to participate in interactive features of our products or services, when you choose to do so.
• We may use the location of your device to provide location dependent features, such as to determine the sunrise/sunset times or likely temperatures, if you have configured your Devices to require such information e.g. to open blinds or turn on heating. This location information is used only to provide location dependent features. We do not use this information for other purposes or to infer any characteristics about you.
• Depending upon how you configure your devices, we may use data from some Devices to trigger specific actions from other devices or to provide you notifications (e.g. automatically locking doors when alarms sound or an auto-generated message to you checking whether you meant to lock your doors or leave a window open).
• To evaluate and improve our Devices, including developing new products and services, analyzing our Devices and customer base, aggregating and anonymizing data, performing data analytics, and undertaking accounting, auditing, and other internal functions.
• To administer our sites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• To keep our sites safe and secure.
• For measuring or understanding the effectiveness of marketing we serve to you and others, and to deliver relevant marketing to you.
• To improve our sites to ensure that content is presented in the most effective manner for you and for your computer or devices.

Information we receive from other sources

We may combine this information with information you give to us and information we collect about you in our legitimate interests (where we have considered that these are not overridden by your privacy rights). We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

We may link your account or system to a specific independent Dealer of record, but will allow you to amend this information upon request.

Our promotional updates and communications

Where permitted in our legitimate interest or with your consent, we will use your personal data for marketing analysis and to provide you with promotional update communications by e-mail about our products and services.

You can object to further marketing at any time by checking and updating your contact details within your account, or selecting the “unsubscribe” link at the end of all our marketing and promotional update communications to you.

Who we give your information to

We may give your information to:

Any member of our group, which means our subsidiaries, affiliates, and our holding company and its subsidiaries, who support our processing of personal data under this policy. If any of these parties are using your information for direct marketing purposes, we will only transfer the information to them for that purpose with your consent.

Organizations that process your personal data on our behalf and in accordance with our instructions and the law (including European Data Law and California privacy laws, if applicable). This includes in supporting the services we offer through our sites in particular those providing website and data hosting services, providing fulfilment services, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services and providing IT support services from time to time, in addition to other advisors we may have such as legal, tax, and technical advisors. We require these organizations (which may include third party suppliers, agents, sub-contractors and/or other companies in our group) to only use your information to the extent necessary to perform their service and support functions. A list of our third-party service providers or data processors that may process your personal data can be found here.

An independent Dealer authorized to sell, install, or service our products.

Analytics and search engine providers that assist us in the improvement and optimization of our site and subject to the cookie section of this policy (this will not identify you as an individual).

Payment processing providers who provide secure payment processing services.

We will disclose your personal data to third parties:

In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets subject to the terms of this Policy.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of supply and other agreements with you; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime (having sought your consent where we are required by law to do so).

To protect the safety of other users, employees and members of the public and their property.

If required by an audit.

We only share personal data to the extent necessary to meet a legitimate purpose. We do not sell data, including your personal data, for monetary value.

Where we store information collected in the EEA

With respect to information collected inside the UK or European Economic Area (“EEA/UK”), such data may be transferred to, and stored at, a destination outside the EEA/UK that may not be subject to equivalent European Data Law, including to the United States.

Where your information is transferred by us from within to outside the EEA/UK, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this Policy.

We may transfer your personal data outside the EEA/UK:

• In order to store it.
• In order to enable us to provide goods or services to you and fulfil our contract with you. This includes order fulfilment, processing of payment details, and the provision of support services.
• Where we are legally required to do so.
• In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

We may transfer your personal data to the following countries and using the following safeguards outside the EEA:

• United States - Transfers will be made pursuant to the Data Privacy Framework (DPF). Where the DPF is not applicable, transfers will be made by Standard Contractual Clauses (SCC), as approved by the European Commission and the UK’s Information Commissioner’s Office (the “ICO”).

A note on the Data Privacy Framework

Snap One, LLC and its subsidiary SunbriteTV, LLC complies with, and is a member of, the EU-U.S. and Swiss-U.S. Data Privacy Frameworks (DPF(s)), as well as the UK Extension, as set forth by the U.S. Department of Commerce regarding the collection, use, retention, and onward transfer of Personal Data transferred from the European Union, the United Kingdom, and Switzerland to the United States. If there is any conflict between the terms in this Privacy Policy and the DPFs, the DPF principles shall govern. To learn more about the DPFs and to view our certification, please visit the U.S. Department of Commerce site at https://www.dataprivacyframework.gov/s/

Snap One also commits to periodically reviewing and verifying the accuracy of this Privacy Policy and the company’s compliance with the DFP, and remedying issues identified. All employees of Snap One that have access to Personal Data covered by this Privacy Policy are responsible for conducting themselves in accordance with this Privacy Policy. Failure of a Snap One employee to comply with this Privacy Policy may result in disciplinary action.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Snap One commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF to ICDR-AAA DPF Independent Recourse Mechanism, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://go.adr.org/dpf_irm.html for more information or to file a complaint. The services of ICDR-AAA DPF Independent Recourse Mechanism are provided at no cost to you. If neither Snap One nor our dispute resolution provider resolves your complaint, you may have the possibility to engage in binding arbitration through the Data Privacy Framework Panel. For more information on this option, please see Annex I of the EU-U.S. Data Privacy Framework Principles.

In accordance with DPFs, Snap One (i) is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC), (ii) has the requirement to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and (iii) under certain circumstances may be liable in cases of onward transfers to third parties. For additional information on how to contact Snap One or initiate a Data Privacy Framework complaint for third-party dispute resolution, please refer to the Contact Us section at the end of this Policy or please visit https://www.dataprivacyframework.gov/s/assistance.

How we protect your information

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we take commercially reasonable efforts to protect your personal data, we cannot guarantee the security of your data transmitted to our sites; any transmission is at your own risk and we will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your personal information. Once we have received your information, we will use commercially reasonable procedures and security features to try to prevent unauthorized access.

Our site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites. Your use of such external sites is at your own risk.

How long we keep your information

We retain personal data for as long as you have an account with us and for a reasonable period of time thereafter in order to meet our contractual obligations to you and provide the services you’ve requested and as reasonably necessary to identify any issues and resolve any legal proceedings or as otherwise required by law. We may also retain de-identified and aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from de-identified and aggregate information retained or used for these purposes.

Snap One reserves the right to deactivate or delete inactive customer accounts in accordance with its Inactive Customer Account Policy available at https://www.snapone.com/privacy/inactive-customer-account-policy

Your rights

You have the right under certain circumstances, depending on your jurisdiction and the applicable laws:

• to be provided with a copy of your personal data held by us;
• to request the rectification or erasure of your personal data held by us;
• to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
• to object to the further processing of your personal data, including the right to object to marketing (as mentioned in ‘Our promotional updates and communications’ section’);
• to request that your provided personal data be moved to a third party.

Your right to withdraw consent:

Where the processing of your personal data by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us. You can also change your marketing preferences at any time as described in the section titled ‘Our promotional updates and communications’.

Once we receive your request and verify your identity, we will disclose such information to you or delete the same, unless a legal exception applies. For example, we may deny your deletion request if retaining the information is necessary for us or our providers to complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

To exercise the rights described above, please submit a request to us using the information at the end of this Policy.

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.

Be assured, however, that we do not sell or rent your personal data to any third parties.

Region Specific Sections

a) California Privacy Disclosure


• Under the California Consumer Privacy Protection Act (CCPA) and the California Privacy Rights Act (CPRA) (together “California Privacy Law”), we are required to provide California residents with details about the information we may collect, the purposes for which we collect such information, the source of that information, and the categories of third parties with whom we share that information.


• To understand the categories of personal data we may have collected in the past 12 months, please see the Information We Collect About You section above. We collect personal data for business and commercial purposes described in the How We Use Your Information section above. To view the list of service providers with whom we may have shared your personal data with in the prior 12 months, please review our list of third-party service providers here.


• Your California Rights


• California residents have the right to request access to or deletion of their personal data. You may exercise these rights as described in the Your Rights section above, or by emailing us at DPO@SnapOne.com. California residents also have the right to request additional details about our information practices and you will not be discriminated against by us for doing so. After submitting a request to access or delete your personal data, please monitor your email address associated with your Snap One account (including Control4, OvrC, Clare Controls, etc.) for correspondence from Snap One aimed at verifying your identity before we process your request. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with written authority to submit requests on your behalf. We may also require that you confirm your request and your identity directly with Snap One.


• Snap One does not sell personal data in the traditional sense (i.e., in exchange for payment). However, California Privacy Law defines the term “sale” or “share” very broadly, including in such a way that transfers of information relating to advertising cookies could be considered a sale or share of personal data. To reiterate, Snap One does not sell any data (personal or otherwise) derived from the use of our Devices, Products and Services. However, if you are a California resident, and to the extent that the use of any of any website cookies used on our sites is considered a “sale” or “share” of personal information under California Privacy Law, then you have the right to opt-out of the sale, and will be presented with that option on our sites that may deploy such cookies.

b) EEA and UK residents


• If you are a resident of the European Economic Area (EEA) or the United Kingdom, please review this additional information.


• Legal Basis for Processing


• When we process your personal data, we will only do so in the following situations:


• We have your consent to do so. For example, we may ask your consent to send you marketing communications.
• We need to use your personal data to perform our responsibilities under our contract with you (e.g., processing payments for and providing the products and services you have requested).
• We have a legitimate interest in processing your personal data. For example, we may process your personal data to communicate with you about changes to our products and services, to allow our Devices to operate as advertised, and to provide, secure, improve, and ensure proper operation our products and services.


• Your Rights


• You have certain rights and protections under the law regarding the processing of your personal data. You may access, review, modify, and delete your personal data by following the instructions under Your Rights above.

Cookies and other technologies

Cookies are small, sometimes encrypted text files that are stored on computer hard drives by websites that you visit. They typically involve pieces of information or code that a website transfers to or accesses from your computer’s hard drive or mobile device to store and sometimes track information about you. Cookies and similar technologies enable you to be remembered when using that computer or device to interact with websites and online services and can be used to manage a range of features and content as well as storing searches and presenting personalized content. Our sites and applications use cookies and/or other similar technologies such as device-IDs, pixel tags and web beacons to collect and store certain information.

• Our sites use cookies and similar technologies to distinguish you from other users of our sites. This helps us to provide you with a good experience when you browse our sites and also allows us to improve our sites.


• Most web browsers automatically accept cookies and similar technologies, but if you prefer, you can change your browser to prevent automatic acceptance and your help screen or manual will tell you how to do this. We also give you information about how to disable cookies in the section titled Disabling Cookies below. However, you may not be able to take full advantage of our sites if you do so.


• A number of cookies and similar technologies we use last only for the duration of your web or app session and expire when you close your browser. Others (including third party cookies) are used to remember you when you return to the site and will last for longer.


• We use these cookies and other technologies on the basis that they are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights), and, in some cases, where required by law, where you have consented to their use.


• We use cookies and/or other similar technologies, such as device-IDs, pixel tags and web beacons, either alone or in combination with each other to create a unique device ID.


• We use the following types of cookies:


• Strictly necessary cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.


• Social Media cookies. These cookies are set by a range of social media services that may be added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.


• Performance cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.


• Functional cookies. These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.


• Targeting cookies. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. We will use this information, subject to your choices and preferences, to make our sites more relevant to your interests. We may also share this information with third parties for this purpose.


• We may also work with advertising networks that gather information about the content on our sites when you visit and information on other websites and services. This may result in you seeing our advertisements when you visit other websites and services of third parties. Except where cookies are strictly necessary for the operation of the website, you may restrict our use of cookies using the cookie consent tool provided on our sites. You can give or withdraw your consent to our use of these cookies (except strictly necessary cookies) at any time. For more information, see the section below titled Disabling cookies.

Google Analytics

We use Google Analytics to collect information about your use of our websites. Google Analytics collects information such as how often users visit the website, what pages users visit, and what other sites they visited prior to or after coming to the website. More information on how Google Analytics uses your data can be found at www.google.com/policies/privacy/partners. To opt out of being tracked by Google Analytics across all websites, visit http://tools.google.com/dlpage/gaoptout.

Disabling cookies

The effect of disabling cookies depends on which cookies you disable. However, in general, our sites may not operate properly if all cookies are switched off, most important being functional cookies.

If you want to disable cookies on our sites, we provide visitors with tools to assist with this and provide a cookie management tool on each of our Sites. In addition, we are required by law to give users the option to manage their cookies when they visit our sites. If you ever want to independently manage cookie usage, you may change your website browser settings to reject cookies. How you can do this will depend on the browser you use. Where you have not set your permissions, we may also separately prompt you regarding our use of cookies on the sites.

You can find further details on how to disable cookies for your browser in your browser’s support pages.

Changes to this Policy

Any changes we make to our Policy in future will be posted on this page and will be effective upon posting.

Governing Law and Forum

The laws of the State of Utah govern this Privacy Policy. Any dispute relating to this Policy or your use of our websites shall be resolved solely in the state or federal courts located in Utah. You agree to waive trial by jury in any such action.

Individuals in the UK or EU have the right to contact their local data protection authority at any time.

For individuals in the UK your local data protection authority is the Information Commissioners Office which can be contacted here

Individuals in the EU can find the details of their local data protection authority here