EKM Privacy Policy

This Privacy Policy for EKM Push Accounts and Data (“Privacy Policy”) describes information that EKM Metering, Inc. and its subsidiaries and affiliates (collectively, “EKM”) collect, use, share, and store, including personal information (i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).

This document focuses on information related to the operation of EKM products and services, including the EKM Push, EKM Dash, Omnimeters, ioStack, and other products from EKM (collectively, “EKM Products ”). In this Privacy Policy, the expression “EKM Products ”also includes our Web Apps, Mobile Apps, and Subscription Services.

We provide additional details about how we collect and use information from our public web sites in our Privacy Policy for the EKM Website.

Our Pledge:

  1. We will be transparent about the different types of information we collect and how we use them.
  2. We will ask your permission before sharing your personal information with third parties for purposes other than at your request or to provide EKM ’s Products, and to do so only when we think they will provide you with a welcome additional service.
  3. We will use best-in-class data security tools to keep your data safe and protect the EKM Products from unauthorized access.

Your Permission: Permission for data collection and processing. By using EKM Products, you agree to allow us to collect and process information as described in this Privacy Statement.

International data transfers.  Your personal information may be collected, processed and stored by EKM or its service providers in the United States and other countries where our servers reside. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using EKM Products in the European Economic Area or other regions with laws governing data collection and use that may differ from United States law, you agree to the transfer of your personal data to the United States and other countries where EKM operates.

What information does EKM collect?

The Information EKM collects:

  • Name, email, addresses, and other information at time of purchase
  • Energy and power data
  • Pulse and other sensor data
  • Encompass.io account and setup
  • Technical information from the Push3 gateway

Name, email, addresses, and other information at time of purchase:

When you order products directly from EKM we collect your personal information, including your name, email address, billing address, delivery address, and phone number.

Energy and power data:  

We collect energy and power data from Omnimeters via the EKM Push data system. Real-time data is stored temporarily in the cloud. The real-time data is then summarized and stored in the cloud indefinitely.

Pulse and other sensor data:  

We collect pulse data from Omnimeters via the EKM Push data system and also sensor data via the ioStack and EKM Push data system. Pulse data is most often from our pulse output water and gas meters but pulse data does not show which device it came from. Real-time data is stored temporarily in the cloud. The real-time data is then summarized and stored in the cloud indefinitely.

Encompass.io account and setup :

When you register an account at encompass.io we store your name, email address, username, and EKM Push key. In addition to the registration information we also store the settings and other input provided by your usage of the app. This information includes, meter and group names, pulse data values, shared meters, reporting periods, billing information, and billing periods.

Technical information from the Push3 gateway :

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What additional information does EKM collect and store when a user connects a EKM Product to the Internet or creates an account?

Wi-Fi Network Information:  

To connect your EKM Push gateway over the Internet from a computer, you will need to connect it to your  internet router via ethernet, or via your WiFi network. For WiFi, during the setup the EKM Push will ask for your WiFi network name (SSID) and password to connect to the Internet. It will save this information on the gateway, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with EKM servers and download software updates.

Once connected to your WiFi network, your EKM Push gateway regularly sends the data described in this Privacy Policy (excluding your Wi-Fi password) to EKM to provide you with the Services.

Additional Authorized Users:  

EKM may provide you with the ability to enable additional authorized users to access your account. If you do so, the additional authorized users may control and view all of your devices, content, and data permissions. Invited users may also add additional authorized users to your account, so be careful to add only those you trust.

How does EKM use the information it collects?

We use this information to provide, develop and improve EKM Products and services, including to make assessments and recommendations about products, safety, energy use, water use, gas use, sensor data, or service errors. We may use your contact details to send you this information, or to ask you to participate in surveys about your EKM Product use, and to send you other communications from EKM.

We may also use this information in a non-identified form for research purposes and to help us make sales, marketing, and business decisions. For example, we may use aggregated user information about the number of active meter users in a particular state to help us decide what energy companies might be good partners, or aggregated sensor data to study patterns across our customers.

We may use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.

We use industry-standard methods to keep this information safe and secure while it is transmitted over your home network and through the Internet to our servers. Depending on your location and type of data, EKM may process your personal information on servers that are not in your home country.

For purposes of applicable law (e.g., GDPR), EKM is a controller of the information collected in connection with the Products and Services.

Our legal basis for processing information

If European data protection law applies to the processing of your information, we process your information for the purposes described in this Privacy Statement, based on the following legal grounds:

When we ’re providing a product or service

We process your data to provide and support a product or service you ’ve asked for under a contract, including but not limited to delivering our Terms of Service.

When we ’re pursuing legitimate interests

We process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. This means we process your information for things like:

  • offering and improving EKM Products and services
  • developing new products and features
  • understanding how people use our products and services
  • performing research that improves our services for our users and benefits the public
  • sending you direct marketing and other communications from EKM
  • protecting against harm to the rights, property, and safety of EKM, our users, and the public
  • detecting, preventing or otherwise addressing fraud, abuse, security or technical issues with our services (including using a Google service such as reCAPTCHA )
  • maintaining and improving the integrity of our computing systems, and protecting our users ’data security
  • enforcing legal claims, including investigation of potential violations of applicable Terms of Service

When we ’re complying with legal obligations

We process your data when we have a legal obligation to do so, for example, if we ’re responding to a legal process or an enforceable governmental request.

We ask for your consent to process your information for certain specific purposes and give you the right to withdraw that consent at any time.

In what circumstances does EKM share my information?

Under no circumstance do we share personal information for any commercial or marketing purpose unrelated to the activation and delivery of EKM Products and services without asking you first. Period. We do not rent or sell our customer lists. The following are the limited situations where we may share personal information:

  • With your permission: We may share personal information when we have your permission. One example of this would be if you invite another user to access the Products on your account as an additional authorized user. Another example is if you sign up for programs offered by our partners (e.g., energy or insurance companies); if you do this, we may share certain information with the partner. This could include things like your enrollment information and the activation status of your device. If you connect third-party devices and services to your EKM Products, you are shown information about any proposed exchange of data. EKM or the third party will request your consent to these exchanges on your behalf and you can change your mind at any time. When you use third-party products and services integrated with the EKM Products, their own terms and privacy policies will govern your use of those products and services.
  • For external processing: We have vendors, service providers, and technicians who help with some of our processing and storage,including helping to answer your questions. They may also assist with monitoring our servers for technical problems.  These technicians (as well as EKM employees) can access certain information about you or your account in line with this work but these technicians are not allowed to use this data for non-EKM purposes. We also have strict policies and technical barriers in place to prevent unauthorized employee access to video data.
  • As part of business transitions: Upon the sale or transfer of the company and/or all or part of its assets, your personal information may be among the items sold or transferred. We will request a purchaser to treat our data under the privacy statement in place at the time of its collection.
  • For legal reasons: We will share personal information with third parties if we have a good faith belief that access, use, preservation or disclosure of the information is reasonably necessary to (i) meet any applicable law, regulation, legal process or enforceable government request; (ii) enforce EKM policies or contracts, including investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) protect against harm to the rights, property or safety of EKM, our users or the public as required or permitted by law.

We may share non-personal information (for example, aggregated or anonymized customer data) publicly and with our partners. For example, we may publish trends about energy use or elevated carbon monoxide levels in the home. This information may also be shared with other users to help them better understand their energy usage compared to others in the EKM community, raise awareness about safety issues, or help us generally improve our system. We may also share non-personal information with our partners, for example, if they are interested in providing demand-response services or other incentive programs. We take steps to keep this non-personal information from being associated with you and we require our partners to do the same.

If you select an outside party for the purchase, installation or service of your EKM device and share your personal information, we cannot control the collection, storage or sharing of information collected by that party. For example, if you buy a EKM Product from a retailer, the retailer may collect personal information as part of the transaction. Or the party that installed the device may retain information that you provided to them to assist them in servicing the device if needed. Always check the privacy policies for any company that collects your personal information.

What choices do I have and how can I delete my personal information?

EKM generally stores your personal information on EKM servers until you delete  or edit it, or for as long as you remain a EKM customer in order to provide you with EKM Products. In addition, EKM may store your personal information to resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.

As described above, some information is processed and stored directly on the EKM device. Personal information from EKM devices is encrypted while it is being transmitted to EKM.

You can delete the information on the EKM device by resetting it to the defaults (using Reset in the Settings menu).

You can access, amend or delete your personal information from EKM ’s servers through the controls in your accounts.

Individual Rights in the European Economic Area.

If you are located in the European Economic Area, you may seek confirmation regarding whether EKM is processing personal information about you, request access to your personal information and ask that we correct, amend or delete your personal information. In addition, you may object to EKM ’s processing of your personal information at any time. However doing so may impact your use of the Products and Services.

If applicable law provides you the right to request access to, (receive) port, object to or restrict processing, seek rectification or request erasure of personal information held about you by EKM, you may do so, as applicable, by contacting EKM. To protect your privacy, EKM will endeavor to take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

Minors.

Only individuals aged 18 and older are permitted to act as Owners of EKM Accounts. Authorised Users must be over the age of 13 (or equivalent minimum age in the jurisdiction where they reside) and may use the Products and Services under the supervision of a parent or legal guardian and only if they agree to be bound by these Terms on your behalf. EKM Products and Services do not knowingly collect or store any personal information from anyone under the age of 13.

California requirements

If the California Consumer Privacy Act (CCPA) applies to your information, we provide these disclosures and the tools described in this policy so you can exercise your rights to receive information about our data practices, as well as to request access to and deletion of your information. These tools allow you to review, update and delete your information, as well as export and download a copy of it.

EKM does not sell your personal information. We share your information as described in this policy. EKM processes your information for the purposes described in this policy, which include “business purposes ”under the CCPA. These purposes include:

  • offering and improving EKM Products and Services
  • developing new products and features
  • understanding how people use our products and services
  • performing research that improves our services for our users and benefits the public
  • protecting against harm to the rights, property, and safety of EKM, our users, and the public
  • detecting, preventing or otherwise addressing fraud, abuse, security or technical issues with our services
  • maintaining and improving the integrity of our computing systems, and protecting our users ’data security
  • Using service providers to perform services on our behalf, in compliance with our privacy policies and other appropriate confidentiality and security measures

If you have additional questions or requests related to your rights under the CCPA, you can contact us as explained below.

Can the Privacy Statement be changed?

Please note that this Privacy Statement may change from time to time. We will provide notice of any changes on the website or by contacting you.

How can I contact EKM?

For users inside and outside of the United States: EKM Metering, Inc. 122 Benito Avenue, Santa Cruz, CA 95062 USA

If you have any questions, you may submit an inquiry to our support staff, by emailing support@ekmmetering.com.