Privacy Policy for California Residents

This Privacy Policy for California Residents only applies to visitors, users, and others who reside in the State of California (“consumers” or “you”) and supplements Rachio’s Privacy Policy and any other agreement you have with us. We adopt this policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. Capitalized terms not otherwise defined in this Agreement have the meaning set forth in Rachio’s main Privacy Policy.

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include publicly available information from government records and deidentified or aggregated consumer information.

In particular, we have collected the following categories of personal information from our consumers within the last 12 months:

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from your registration for the Application, products you purchase, or requests for customer service.
• Indirectly from you. For example, from observing your actions on our Website.
• From third parties. For example, from advertising and marketing partners, public databases, and social media platforms to supplement the information we receive from you.

We partner with third parties to provide and enhance the services we provide to you. These third parties may collect personal information when you interact with our Website, Application, Product, or Services. For example:

• When you visit our Website, Rakuten Advertising may collect personal information about you that are Identifiers and Internet and other similar network activity, including IP addresses, digital identifiers, information about your web browsing and app usage, and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. More information about Rakuten Advertising’s privacy practices are available at these links:
• Rakuten Privacy Policy
• Rakuten Subject Requests

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information. For example, if you provide Account Information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your Payment Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your Payment or Account Information to facilitate new product orders or process returns.
• If you consent to participate in a rebate or discount program with a utility, to inform that utility of water usage.
• To provide, support, personalize, and develop our Website, Applications, Products, and Services. For example, we use cookies to enhance visitors’ experiences, to learn more about their use of the Website and to improve the quality of our Website and Services. We may combine the information collected through cookies, including through the unification of browsing sessions. We may also combine information collected through cookies with other Personal Information to tell us who you are or what your screen name or email address is.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content, Product and Service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, Products and Services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, Products, and Services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

In the preceding 12 months, Rachio has shared, sold, or disclosed the following categories of personal information:

A. Individual Identifiers such as name, email address, address, telephone

• Shared if you consent to participate in a Program, the Utility
• Shared to Data Aggregators
• Sold to Utilities, Advertisers, Aggregators
• Disclosed for business purposes to Marketing Service Providers, IT Service Providers

B. Customer Records

• Shared if you consent to participate in a Program, the Utility
• Shared to Data Aggregators
• Sold to Utilities, Advertisers, Aggregators
• Disclosed for business purposes to Marketing Service Providers, IT Service Providers

C. Commercial Information

• No data was shared
• No data was sold
• Disclosed for business purposes to Marketing Service Providers, IT Service Providers

D. Internet or other similar network activity

• Shared if you consent to participate in a Program, the Utility
• Shared to Data Aggregators
• Sold to Advertisers
• Disclosed for business purposes to Marketing Service Providers, IT Service Providers

E. Geolocation Data

• No data was shared
• No data was sold
• Disclosed for business purposes to Marketing Service Providers

F. Inferences drawn from other personal information

Shared if you consent to participate in a Program, the Utility

• Shared to Data Aggregators
• Sold to Utilities, Advertisers, Aggregators
• Disclosed for business purposes to Marketing Service Providers, IT Service Providers

In the preceding 12 months, Rachio has disclosed the following categories of personal information for a business purpose:

We disclose your personal information for a business purpose to the following category of third parties: service providers.

In the preceding 12 months, Rachio has sold the following categories of personal information:

We sell your personal information to the following category of third parties: data aggregators.

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Visiting our Do Not Sell My Personal Information page.
• Calling us at 1-844-4-RACHIO (1-844-472-2446).

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

You may choose to limit the information we share with partners through cookies and similar technologies by setting your browser to block certain cookies or notify you when a cookie is set. For more information on how you can customize your browser’s cookie setting please visit the link to your web browser below:

• Chrome
• Google
• Safari
• Internet Explorer
• Mozilla

You may opt out of interest-based advertising in general by visiting Digital Advertising Alliance, Network Advertising Initiative, Omniture, and PrivacyChoice. We are not responsible for the completeness, effectiveness, or accuracy of any third party opt-out options or programs.

You have the right to direct us to not sell your personal information at any time (the “right to opt-out”). California Consumers who wish to opt out of the sale of their Personal Information may fill out the form below:

Do Not Sell My Personal Information Maintained by Rachio