Privacy Policy

Effective Date: January 2, 2020

If you are a California resident, please click here for specific information about our privacy practices under California law.

In this Privacy Policy, we describe how Ember Technologies, Inc. (“Ember,” “we,” “us,” or “our”) collects, uses, and discloses your information. We also describe the rights and choices you have regarding our use of your information.

This Privacy Policy applies to the information that we collect about users of the Ember website (https://ember.com), Ember mobile app, and Ember internet-connected products (e.g., mugs or accessories). We refer to our website, mobile app, Ember internet-connected products, and the services available through and related to them as, collectively, the “Services.” Your use of the Services is subject to this Privacy Policy and our Terms of Service.

Information collected through the Services is controlled by Ember, which is headquartered in the United States. Ember’s mailing address is 4607 Lakeview Canyon Rd., #500, Westlake Village, CA 91361.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy contains the following sections:

1. The Information We Collect
2. How We Use Your Information
3. Legal Bases for Use of Your Information
4. Cookies and Similar Technologies
5. Online Analytics and Advertising
6. How We Share and Disclose Your Information
7. Retention of Your Information
8. Third-Party Links and Features
9. Your Privacy Rights Regarding Your Information
10. Your Marketing Choices
11. Children’s Privacy
12. International Users
13. How We Protect Your Information
14. Employment Applications
15. Changes to Our Privacy Policy
16. Contact Information

1.  THE INFORMATION WE COLLECT

   We obtain a variety of information from and about you as you use the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with certain information, or ask us to delete it, you may no longer be able to access or use our Services. For example, if you are a customer but do not provide us with your billing information, we won’t be able to fulfill your orders.

   1. Information You Provide to Us

      Ember collects information directly from you through your use of our Services. For example, Ember collects information from you through:

      • Your account registration and administering your account
      • Processing and fulfilling your orders
      • Your communications and dealings with us (including on our website and interactive chat function, mobile app, on third-party social media sites, and by mail or email)
      • Your participation in Ember sweepstakes, contests, or research
      • Your reviews, comments, and other posts to our Services
      • Your employment applications submitted through our website
      • Your requests for customer support and technical assistance

      We will collect any information that you choose to provide to us. The information we collect generally includes your name, login information (password and email), contact information (address and phone number), and billing and payment information, as well as details about your orders and customer service interactions with us. If you apply for an employment position with us, we will collect your name, email address, cover letter, resume/CV, and LinkedIn profile information.

      You may also submit, post, upload, or otherwise make available (collectively, “Post”) certain content through our Services. For example, you may Post reviews, ratings, pictures, and other content such as videos, questions, comments, ideas, designs, features, plans, and other feedback (collectively, “User Content”). User Content may be publicly viewable by other users. For example, if you post a rating or review, then that rating or review will be displayed along with your name and geographic location, if you choose to provide such information. Please review our Terms of Service for more information about our rights with regard to your User Content.

      If you request that your Ember purchase be shipped to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.

   2. Information We Collect Through Automated Means

      When you use our Services or connect your Ember product to our Services, we collect certain information automatically as described in this section. We and our service providers (which are third-party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to assist in collecting this information. You can learn more about our use of cookies and similar tools in the “Cookies and Similar Technologies” section below.

      • Website. When you use our website, we collect and analyze information such as your IP address, browser characteristics, device IDs and characteristics, operating system, the state or country from which you accessed the Services,  referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services and upload or post content, error logs, language preferences, and other similar information.

         

      • Mobile App. When you use our mobile app, we and our service providers automatically receive certain information about the mobile phone, tablet, or computer used to access the app, including a mobile device identifier, IP address, operating system, version, whether and when you update the app and your connected Ember products, date and time of use, duration of use, and how you use the app. We also collect data through the mobile app that is generated from use of the Ember product, such as product settings, preferred warm beverage types, temperatures, and consumption patterns including caffeine intake.

         

        Our service providers also may collect and combine diagnostic and usage information collected on the mobile app with other information about your online activities over time, including use of other devices, websites, or apps, if such services also use the same vendors.  Please see the Privacy Policy & Settings menu in our mobile app if you would like to opt out of the sharing of such diagnostic and usage information with us and our service providers. 

      • Location Information.When you use the Services, we and our service providers collect general location information from your computer or mobile device. “General” location information means information about the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location.

        We will ask your permission before collecting your precise GPS location information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers, and other information that may be of interest to you. You can disable geo-location tracking on your device. For more information, see the “Data Subject Rights and Your Marketing Choices” section below.

   3. Information We Collect from Other Content Providers or Social Media Platforms

      If you connect your Ember product to other content providers (e.g., Google Assistant or Apple Siri) or social media platforms (such as through a social media log-in feature), such providers allow us and our service providers to have access to and store additional information about your interaction with those providers as it relates to use of the Services (e.g., we will receive the information that you clicked the Google Assist/Siri button and the date and time of doing so, etc.). If you do not wish to have this information shared, do not initiate these connections.

      When you “like” or “follow” us on Facebook, Instagram, Twitter, or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

   4. Information We Collect from Others

      We may also receive additional information, such as demographic and statistical information, from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups.

2.  HOW WE USE YOUR INFORMATION

   We and our service providers use the information described above to accomplish the following business and operational purposes:

   • Administer your account, including to process your registration and verify your information
   • Provide, manage, and improve the Services, including fulfilling your orders
   • Provide you with updates and information about your orders or purchases
   • Respond to your requests for information and provide you with more effective and efficient customer service, including through our interactive chat functions
   • Conduct internal business operations in support of our Services, such as auditing, security, resolving crashes, preventing fraud, invoicing and accounting, sales and marketing, analytics, and research and development
   • Review and process employment applications
   • Contact you regarding Ember and third-party products, services, surveys, research studies, promotions, special events, and other subjects that we think may be of interest to you
   • Customize content, preferences, and advertising on the Services and other services
   • Comply with the laws, regulations, and other legal process and procedures
   • Establish, exercise, or defend our legal rights
   • Take steps that we reasonably believe to be necessary to protect the safety, security, and rights of Ember, its employees, service providers, and others

   Please note that we may combine the information we collect through the Services with information that we collect automatically or receive from other sources and use such combined information in accordance with this Privacy Policy.

   We may also aggregate, de-identify, and/or anonymize any information collected through the Services in such a way that we cannot reasonably link information to you or your device. We may use such aggregate, de-identified, or anonymous information for any purpose, including without limitation for research and marketing purposes.

3.  LEGAL BASES FOR USE OF YOUR INFORMATION

   Some countries require that companies only process your “Personal Data” (as that term is defined in the EU General Data Protection Regulation) if they have a “legal basis” (or justifiable need) for processing your Personal Data. To the extent those laws apply, our legal bases for processing Personal Data are as follows:

   • Where your Personal Datais necessary to perform our obligations pursuant to a contract (or pending contract) with you. For example, we will process your Personal Data to comply with our Terms of Service to enter into a contract with you, and to honor our commitments in any contracts that we have with you.
   • Where your Personal Datais necessary for our legitimate interests or the legitimate interests of others. For example, we will process your Personal Data to operate our business and our Services; identify and fix any issues with our Services; provide security for our Services; learn more about how our customers use the Services; perform internal analytics and research concerning the Services; improve the Services and users’ experiences with the Services; test and create new Services; provide you with information about new products, special offers or other information that we think you may find interesting using the email address which you have provided;ensure safe environments for our employees; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud; and to know the customer to whom we are providing Services.
   • Where use of your Personal Datais necessary for us to comply with ourlegal obligations. For example, we will process your Personal Data to comply with tax and employment laws.
   • Where we have your consent. For example, where a country requires that we obtain your consent before we process certain data, we will seek your consent in accordance with those countries’ requirements.
4.  COOKIES AND SIMILAR TECHNOLOGIES

   To collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future by understanding and remembering your particular browsing preferences.

   • A web server log is a file where website activity is stored.
   • A cookie is a small text file that is placed on your computer or mobile device when you visit a website, and it enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions.
   • Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email that are designed to: (i) collect usage information like ad impressions or clicks and email open rates; (ii) measure popularity of the Services and associated advertising; and (iii) access user cookies.

   As we adopt additional technologies, we may also gather information through other methods.

   Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.

   For more information about how we use cookies, please see our Cookie Policy.

5.  ONLINE ANALYTICS AND ADVERTISING
   1. Analytics

      We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

      If you receive email from us, we may use certain analytics tools, such as tracking pixels, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

   2. Online Advertising

      The Services may allow third-party advertising technologies (e.g., ad networks and ad servers such as Google Display Network, Criteo, and others) to place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you to assist in the delivery of relevant advertising on the Services, as well as on other websites you visit and other services you use. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests. 

      We also sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile apps.

      We neither have access to, nor does this Privacy Policy govern, the cookies or other tracking technologies that may be placed on the device you use to access the Services by such non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt out of receiving tailored advertising from companies that participate in those programs. To opt-out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. Please note that these opt-outs apply per device, so you will have to opt-out for each device through which you access our Services.

   3. Notice Concerning Do Not Track.

      Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third-party purposes, which is why we describe a variety of opt-out mechanisms above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.

6.  HOW WE SHARE AND DISCLOSE YOUR INFORMATION

   We and our service providers will share the information we collect from and about you for the following business and operational purposes:

   • Service Providers.We provide access to or share your information with select third parties who perform services on our behalf, such as sales, marketing, product content and features, advertising, analytics, research, customer service, delivery, data storage, security, fraud prevention, payment processing and order fulfillment (e.g., Shopify), and legal services.
   • Affiliates and Subsidiaries.We provide access to or share your information with current or future affiliates and subsidiaries for the purposes described in this Privacy Policy.
   • Protection of Ember and Others.By using the Services, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention, or disclosure is reasonably necessary to: (i) comply with law or legal process (e.g., a subpoena or court order); (ii) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) protect the rights, property or personal safety of Ember, its agents and affiliates, its users, and/or the public. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
   • Business Transfers.As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions (including in contemplation of such transactions), user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, Ember will comply with such restrictions.
   • Business Purposes. We may disclose the categories of personal information identified in Section 1 about our California consumers for our operational purposes where the use of such personal information is reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected.
   • Your Consent.If you have consented to our sharing of your information, we will also share your information consistent with your consent.

   From time to time, Ember may share aggregate or anonymous information about use of the Services, such as by publishing a report on usage trends. We may share or disclose such aggregate or anonymous information with any third party, including advertisers, promotional partners, and sponsors.

7.  RETENTION OF YOUR INFORMATION

   We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

8.  THIRD-PARTY LINKS AND FEATURES

   The Services contain links to third-party websites, third-party plug-ins (e.g., Facebook, Pinterest, LinkedIn, and Twitter), or allow you to integrate with third-party services and apps (e.g., Apple Inc.’s Health app). If you choose to use these websites, plug-ins, or services, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. Similarly, if you use a third-party app that works in connection with your Ember product, you acknowledge that information may be shared with the third-party app during the connection that is necessary for the connection to function (e.g., information about how you use your Ember product). If you choose to use these services and initiate these connections, Ember is not responsible for the content or practices of such third-party websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

9.  YOUR PRIVACY RIGHTS REGARDING YOUR INFORMATION

   Your local laws (such as those in the European Union, California, or Nevada) may permit you to exercise certain rights with respect to the information we collect from and about you.  For more information about these rights, whether they apply to you, and how to exercise them, please visit ember.com/pages/consumer-privacy-rights.

10.  MARKETING CHOICES

    If we are legally permitted to send you marketing communications in your jurisdiction (based on our relationship with you, your consent, or applicable law), you may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt-out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt-out of certain operational emails, such as those reflecting our relationship or transactions with you.

11.  CHILDREN’S PRIVACY

    The Services are intended for general audiences and not for children. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without parental consent, we will take reasonable steps to delete it as soon as possible. We also do not knowingly process Personal Data of EU residents under the age of 16 without parental consent. If we become aware that we have collected data from an EU resident under the age of 16 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

12.  INTERNATIONAL USERS

    Please note that, in providing services to you, Ember may subcontract the processing of your data to, or otherwise share your data with, Ember affiliates and subsidiaries, trusted service providers, and trusted business partners in countries other than your country of residence, including the United States and Canada, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions, and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage, or use.

    If you live in the EEA, please note that, if we provide any information about you to any non-EEA Ember affiliates or subsidiaries or third-party information processors, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy. These measures include signing Standard Contractual Clauses in accordance with EU and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the “Contact Information” section below.

    If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

13.  HOW WE PROTECT YOUR INFORMATION

    We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services and that any such transmission is at your own risk.

    You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.

14.  EMPLOYMENT APPLICATIONS

    The Services may contain careers sections that allow you to apply for employment at Ember. These employment services are not hosted by Ember, and instead are administered by Greenhouse Software, Inc. (“Greenhouse”), our service provider. Greenhouse collects a variety of information, including your contact information and your job qualifications. They also use cookies and other means of collecting information, but such information is used only for analytics purposes and to enable you to complete your application. Any information that Ember collects from Greenhouse in connection with your application for employment at Ember is handled consistent with this Privacy Policy. Ember will use and share your information only for employment purposes, such as evaluating you for a job opportunity or communicating with you about your interests, and where sharing is required by law. Ember has entered into an agreement with Greenhouse governing the processing of employment application information, and Greenhouse is permitted to access, use, and share your information only as necessary to perform the functions that Ember directs it to perform. That agreement also requires Greenhouse to abide by the terms of the European Commission approved standard contractual clauses for data processors with respect to applicant data from EU residents. If you have any questions about the handling of your employment application data, please contact us through one of the methods described in the “Contact Information” section below.

    You also have the option to connect to LinkedIn or other websites to apply for employment at Ember. Any information that Ember collects from such other sites in connection with your application for employment at Ember is handled consistent with this Privacy Policy. Ember will use and share your information only for employment purposes, such as evaluating you for a job opportunity or communicating with you about your interests, and where sharing is required by law.

15.  CHANGES TO OUR PRIVACY POLICY

    We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

16.  CONTACT INFORMATION

    If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at privacy@ember.com.

    Ember Technologies, Inc.
    Attn: Privacy Compliance
    4607 Lakeview Canyon Rd., #500
    Westlake Village, CA 91361