Z-Wave Alliance, Inc. (“Z-Wave“, “we” or “us”) values your privacy. In this Data Privacy & Cookie Policy (“Policy“), we describe how we collect, use, and disclose information that we obtain about visitors and users of our website at Z-WaveAlliance.org and affiliated websites, including sdomembers.z-wavealliance.org (the “Websites“), and users of the products and services available through our Websites (the “Services“). Please read this Policy carefully. By using the Websites or the Services, you acknowledge and agree to the terms of this Policy and our Terms of Use.

The information that we collect is controlled by Z-Wave Alliance, Inc. which is headquartered in the United States at 2603 Camino Ramon Parkway, Suite 200, San Ramon, CA 94583.

General Data Usage

Information We Collect Through the Services

Generally

Many areas of our Websites require you to sign in or register for an account, during which we will ask for your name, email, country, state or province and telephone number. As a registered user on our Websites, we also collect your IP address, use geolocation services (with your permission) and collect information on how you use our Websites. As a non-registered user, you are able to browse some of the Websites but may not have full access to all Websites or certain areas thereof. For both registered and non-registered users, we collect information about your website behavior, such as the web pages you view; links you click; your IP address; the length of time you visit our websites and or use our services; and the referring URL, or the webpage that led you to our Services. We do not associate non-registered users’ website behavior with personal information, such as your name or email address, but we do aggregate your activities on our sites with all other non-registered users’’ website behavioral data. Please see our Cookie Policy for additional information on how we collect this information.

We collect information about Website users when they make an inquiry, purchase Services through our Websites, request support, and through administering agreements with third parties. We collect this information both directly from our users and from our third party distribution partners who sell our Services. The personal data that we collect about our users includes names, company name, email addresses, business contact information, and purchase history. If a user registers to use the services available on our Websites, we associate the information about their website usage with their personal data.

Additionally, for purposes of conducting appropriate screening to ensure compliance with applicable laws and regulations (described further below), we may collect the names, addresses, and ownership information of our members, membership applicants, and other Services users, as well as personal data of associated individual representatives and owners, such as the name, address, nationality, date and place of birth, appropriate government identification numbers, and any other information required for purposes of such screening.

Third Party Services & Partners

To the extent you use a third-party service to interact with our Services, such as our credit card payment processor, integration with social media, message boards, or other communications platforms, and through our business, personal data will be collected by those providers and governed by their respective privacy policies.

To the extent we combine information we receive from those sources with your personal data, the combined information will be treated as personal data under this Policy, unless we have disclosed otherwise. In no other circumstances will this Policy apply to information we receive about you from third-parties.

Interactions with Third-Party Services

The Services may include functionality that allows certain kinds of interactions between the Services and your account on a third-party site or application. The use of this functionality may involve the third-party providing information to us. If we offer and you choose to use this functionality, the third-party service may send personal data about you to us. If so, we will treat it as personal data under this Policy, since we are collecting it as a result of your interaction on our Services.

In addition, we may provide third-party sites’ interfaces or links on the Services to facilitate sending a communication from the Services. For example, we may use third-parties to facilitate emails, advertising, or postings. These third-parties may retain any information used or provided in any such communications and these third-parties’ practices are not subject to our Policy. We may not control or have access to your communications with or through these third-parties, and we are not responsible for their privacy practices. You should review the applicable third-party privacy policies before using such tools.

How We Use Personal Information

We use the information we collect for the following purposes:

• To provide services to you, to provide information about our members’’ products, to communicate with you about your use of services or our members’’ products, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
• To tailor the content and information that we may send or display to you on our Websites, to offer location customization, such as to provide you information about products and services available in your area, personalized help and instructions, and to otherwise personalize your experiences while using the Website or our members’’ products or services.
• For marketing and promotional purposes and to assist us in advertising our services on third party websites, as permitted by local law. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. If you no longer want to receive marketing emails from us, you can update your preferences by sending a request to help@z-wavealliance.org. Alternatively, our registered users can set their email preference settings to “no email.“ In addition, as described in the section on “Legal Rights“ below, users may request that their personal information be deleted.
• To better understand how users access and use our Websites and products and services, both on an aggregated and individualized basis, in order to improve our Websites and product and services and respond to user desires and preferences, and for other research and analytical purposes.
• To comply with our legal obligations, to protect our rights and interests, such as to resolve any disputes, enforce our Terms of Service, or to respond to legal process
• To count and recognize visitors to our Websites and various Services features and better understand how users access and use our Services and Z-Wave products and services;
• To create new products and services or improve our (or our members’’) existing products and services;
• To support Website performance, perform Website analytics, enhance Website navigation, and improve our web design and functionality; and
• For other research and analytical purposes.

We collect, use and share your personal information only where we are satisfied that we have an appropriate legal basis to do so.

How We Disclose Your Personal Information

We may share your information, including personal information, as follows:

• Affiliates. We may disclose the information we collect from you to our affiliates, members or subsidiaries for the purposes described in this policy, including to market their products and services to you; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
• Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
• Screening Providers. As part of our process for onboarding and providing Services to our members, membership applicants, and other users, we utilize the services of a third-party sanctions screening provider (the “Screening Provider“). Sanctions screening is intended to help ensure that participation as a member, member representative or user of our Services will not cause Z-Wave or its members to violate applicable trade sanctions, export controls, and associated laws and regulations (“Sanctions and Export Controls“). The sanctions screening process begins with the collection of the information noted above (including personal data) regarding the entities and individuals involved. This information is then used to verify the identity of those entities and individuals, and to assess their eligibility for participation in Z-Wave activities by comparing against relevant government lists to support compliance with applicable Sanctions and Export Controls. Our current Screening Provider is Refinitiv, and we may change our Screening Provider at any time.
• Distributor Partners. We may share customer information with our third party distributors in order to provide customer service or to help market our products and services.
• Business Transfers. If we are or may be acquired by or merged with another company, if any of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To Protect Ourselves and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which Z-Wave is involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes, such as researching how website visitors use our website.

Data Retention and Security

We retain your personal data only as long as is reasonably necessary for the purposes for which it was processed, or as required by law.

The Z-Wave has implemented physical, technical, and administrative safeguards to protect personal information from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored personal information is stored on a secure network with firewall protection, and access to our electronic information systems requires user authentication via password or similar means.

Despite these precautions, no data security safeguards guarantee 100% security all of the time. In the event of an inadvertent disclosure of personal information we will take all commercially reasonable steps to limit and remedy the disclosure as required by the applicable law.

UNITED KINGDOM, EUROPEAN OR SWISS USERS

If you are located in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland, you may also have certain rights under the General Data Protection Regulation (“GDPR”), the UK implementation of the same (“UK GDPR”), or the Swiss Federal Act on Data Protection (“FADP”), as applicable. Personal information that you provide to us as described in this Policy is only collected with your consent, and may be transmitted outside of the EEA, UK, or Switzerland to us (or computer servers maintained for our benefit) pursuant to that consent.““

If you wish to exercise any of your rights, or have any questions regarding this Policy, please feel free to contact our Privacy Officer by e-mail at help@Z-WaveAlliance.org.

Legal Basis for Processing Your Personal Information

We will only collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do so. This may be because:

• You have provided your consent to us using the personal information (for example in relation to our electronic direct marketing activities);
• Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below titled Your Legal Rights;
• Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example where we use your contact and demographic information required to provide you with a service or product); and/or
• Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (where we are required to disclose personal information to a court or tax authority).

If you would like to find out more about the legal bases on which we process personal information, please contact us using the details below.

Right to access, correct, and delete your personal information

Under the laws mentioned above, if applicable, you have a right to request that we provide you with a copy of your personal information that we hold, and you have the right to be informed of:

• the source of your personal information;
• the purposes, legal basis, and methods of processing;
• the data controller’s identity; and
• the entities or categories of entities to whom your personal information may be transferred.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:

• for compliance with a legal obligation; or
• for the establishment, exercise or defense of legal claims.

We will respond to your request within 30 days of verifying your identity. To complete a request email help@z-wavealliance.org.

Right to Restrict the Processing of your Personal Information

Under the laws mentioned above, if applicable, you can ask us to restrict your personal information, but only where:

• its accuracy is contested, to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise, or defend legal claims; or
• you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal information following a request for restriction:

• where we have your consent; or
• to establish, exercise, or defend legal claims; or
• to protect the rights of another natural or legal person.

Right to Transfer Your Personal Information

Under the laws mentioned above, if applicable, you can ask us to provide your personal information to you in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller in this format, but in each case only where:

• the processing is based on your consent or on the performance of a contract with you; and
• the processing is carried out by automated means.

Right to Object to the Processing of Your Personal Information

Under the laws mentioned above, if applicable, you can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests.

If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to Object to How We Use Your Personal Information for Direct Marketing Purposes

Under the laws mentioned above, if applicable, you can request that we change the manner in which we contact you for marketing purposes.

You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.

If you would like Z-Wave to stop sending promotional communications to your email address, you may opt out of receiving them by following the “unsubscribe“ instructions at the bottom of each communication.

You may opt out of the use of your information for analytics by following the steps detailed in our Cookie Policy.

Right to Lodge a Complaint with Your Local Supervisory Authority

Under the laws mentioned above, if applicable, you have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

If you would like to exercise any of the rights described above, please send us a request at the address or email provided in the Contact Us section below. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.

We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfil your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

YOUR STATE PRIVACY RIGHTS

A growing number of U.S. states have enacted comprehensive consumer privacy laws that grant residents certain rights relating to the collection, use, and sharing of their personal information, and that impose corresponding obligations on businesses meeting specified jurisdictional thresholds (typically tied to revenue, the volume of personal information processed, or the share of revenue derived from the sale of personal information). These laws include the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (collectively, the “CCPA”); the Virginia Consumer Data Protection Act; the Colorado Privacy Act; the Connecticut Data Privacy Act; the Utah Consumer Privacy Act; the Iowa Consumer Data Protection Act; the Indiana Consumer Data Protection Act; the Tennessee Information Protection Act; the Montana Consumer Data Privacy Act; the Oregon Consumer Privacy Act; the Texas Data Privacy and Security Act; the Florida Digital Bill of Rights; the Delaware Personal Data Privacy Act; the New Jersey Data Privacy Act; the New Hampshire Privacy Act; the Kentucky Consumer Data Protection Act; the Maryland Online Data Privacy Act; the Minnesota Consumer Data Privacy Act; the Rhode Island Data Transparency and Privacy Protection Act; and the Nebraska Data Privacy Act (collectively with the CCPA, the “State Privacy Laws”).

Z-Wave does not currently meet the applicability thresholds of any of the State Privacy Laws and is therefore not subject to their requirements. Regardless, Z-Wave does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt out of such sale if required by law. [[Verify: Z-Wave likewise does not share your personal information for purposes of cross-context behavioral advertising or targeted advertising as those terms are defined under the State Privacy Laws]], and [[Verify: does not offer financial incentives in connection with the collection, use, or disclosure of your personal information]]. If Z-Wave’s practices or scale of operations change such that one or more of the State Privacy Laws becomes applicable, Z-Wave will update this policy and provide the disclosures and rights required by the applicable law(s).

Separate from the State Privacy Laws, California’s Shine the Light law (California Civil Code Section 1798.83) gives California residents the right to ask companies what personal information (as that term is defined in Section 1798.83) they share with third parties for those third parties’ direct marketing purposes. Z-Wave does not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you are a California resident with questions regarding this, please contact us in the manner set forth under the heading “CONTACT US” below.

Direct Marketing Communications

Irrespective of where you reside, you may contact us at any time to unsubscribe from or opt out of direct marketing communications and other communications by or about the Services by clicking the “unsubscribe” link in the communication or by contact us in the manner set forth under the heading “CONTACT US” below.

DO NOT TRACK SIGNALS.

We do not currently take actions to respond to “Do Not Track” (DNT) signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.

Privacy and Third-Party Links

This Policy applies solely to information collected by our Website and services. We may include third-party links on our Services. These linked sites have separate and independent privacy policies, and we do not have control over and do not review these linked sites. We therefore have no responsibility or liability for the content and activities of these linked sites.

Cross-border Transfer of Information

Z-Wave generally maintains servers and systems in the United States hosted by third party service providers. We also may subcontract the processing of your data to, or otherwise share your data with, other third parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with the Services or in providing services to our customers is transferred to and processed in the United States or anywhere else outside the UK, EEA, or Switzerland for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the UK, EEA, or Switzerland, including entering into data transfer agreements or using the applicable Standard Contractual Clauses. You may have a right to details of the mechanisms under which your data is transferred outside the UK, EEA, or Switzerland.

Cookie Policy

What are cookies?

Cookies are small text files which a website may put on your computer or mobile device when you first visit a website or page. The cookie will help the website, or another website, to recognize your device the next time you visit. We use the term “cookies“ in this policy to refer to all files that collect information in this way.

There are many functions cookies serve. For example, they can help us to remember your username and preferences, analyze how well our website is performing, or even allow us to recommend content we believe will be most relevant to you.

Certain cookies contain personal information – for example, if you click to “remember me“ when logging in, a cookie will store your username. Most cookies won’t collect information that identifies you, and will instead collect more general information such as how users arrive at and use our websites, or a user’s general location.

To the extent that the cookies and web beacons we use to track your interaction with the Services, customize our Platform for you, and collect certain information and data related to your use of the Services, as set forth in this Policy above, are deemed to be “pen registers” under Section 638.51 of the California Invasion of Privacy Act, by agreeing to this Policy and using the Services, you provide us with consent to use such cookies and web beacons.

What sort of cookies does the Z-Wave Alliance use?

Generally, our cookies perform up to four different functions.

Essential Cookies

Some cookies are essential for the operation of our website. For example, some cookies allow us to identify registered users and ensure they can access the pages that are only available to registered users. If a user opts to disable these cookies, the user will not be able to access all of the content on our website.

Performance Cookies

We utilize other cookies to analyze how our visitors use our websites and to monitor website performance. This allows us to provide a high quality experience by customizing our offering and quickly identifying and fixing any issues that arise. For example, we might use performance cookies to keep track of which pages are most popular, which method of linking between pages is most effective, and to determine why some pages are receiving error messages. We might also use these cookies to highlight articles or site services that we think will be of interest to you based on your usage of the website.

Functionality Cookies

We use functionality cookies to allow us to remember your preferences. For example, cookies save you the trouble of typing in your username every time you access the site, and recall your customization preferences, such as which regional edition of the website you want to see when you log in.

We also use functionality cookies to provide you with enhanced services such as allowing you to watch a video online, or comment on a blog.

Targeting Cookies

‘‘Targeting’’ cookies are used to track your visit to our Services and other websites, including the pages you have visited and the links you have followed, which allows third parties to display targeted ads to you on the websites you visit.

We and our third party service providers use Targeting cookies to:

• Link to social networks, like Facebook, that may subsequently use information about your visit to our website in order to provide advertising or other offers that may be of interest to you when you visit other websites.
• Provide third parties with information on your visit so that they can present you with advertisements or other offers that may be of interest to you.

’’Does anyone else use cookies on Z-Wave Alliance websites?

Like many companies, Z-Wave uses Google Analytics to help us monitor our website traffic. We may also use third-party cookies to help us with improving site functionality and monitoring compliance with our terms and conditions and copyright policy. To learn more about Google’s privacy practices, please review the Google Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Can I block cookies?

Yes. As explained below, under Managing Cookies, you can disable our cookies on Z-WaveAlliance.org sites or you may opt-out of targeting cookies by following the links in the Targeting Cookies section above. However, please be aware that this will reduce the functionality of our website. Please remember that if you do choose to disable cookies, you may find that certain sections of our website do not work properly.

If you have any queries regarding this Cookie Policy, please contact our Privacy Officer by e-mail at privacy@z-wavealliance.org.

How to Manage Cookies

As we explain in our Cookie Policy, cookies help you to get the most out of our websites. If you do disable our cookies you may find that certain sections of our website will not work. For example, you may have difficulties logging in or viewing certain information about our products.

If you are in the EEA, UK, or Switzerland, you may opt-out of certain third party cookies that we and other websites may use for targeting through http://www.youronlinechoices.eu or www.aboutads.info. Opting out of one or more ad networks only means that those particular members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our websites or other third party websites. If your browser is configured to reject cookies when you visit one of the above referenced opt-out pages, and you later erase your cookies, use a different computer, or change Web browsers, your preference may no longer be active and you will need to opt-out again. Since all of these cookies are managed by third parties, you should refer to the third parties’ own website privacy notifications and policies for further information (see below for more information about the particular targeting cookies used on our Services). Unless you disable our cookies, your continued use of our website will be considered to be your consent to our use of cookies on this device in accordance with our cookie policy. For detailed steps on how to enable or disable cookies using your browser, refer to the links below:

• Google Chrome
• Microsoft Internet Explorer
• Mozilla Firefox
• Safari on OSX
• All other browsers: Please look for a “help“ function in the browser or contact the browser provider. Additional Information about Third-Party Cookies Users based in the European Union can visit www.youronlinechoices.eu and users based in the United States can visit aboutads.info/choices to opt out of third-party cookies.

Contact Us

If you have any queries regarding this Policy, please contact our Privacy Officer by e-mail at help@Z-WaveAlliance.org.