Voltus Privacy Policy

Last Updated: November 16, 2022

This Privacy Policy (the “Privacy Policy”) describes how Voltus, Inc. (“Program Facilitator”, “we”) collects, utilizes and discloses the information provided by Qualified End Users or otherwise made available to Program Facilitator in relation to your participation in the Connected Savings™ Program (the “Program”). For the purposes of this Privacy Policy, “Qualified End User”, “you” and “your” means an eligible customer with an eligible smart thermostat who has submitted an application for participation in the Program that has been accepted for the Program by Ademco Inc. (the “Program Administrator”) and Program Facilitator and whose participation has not be withdrawn or terminated.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO THE USE OF YOUR INFORMATION IT DESCRIBES AND TO THE OTHER TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT PARTICIPATE IN THE PROGRAM.

1. UPDATING THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will update the “Last Updated” date at the top of this Privacy Policy. If we make changes that are material, we will use reasonable efforts to notify you (e.g. through the Program) and obtain your consent and take additional steps as required by applicable law. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on the Services, or by other means, consistent with applicable law.

IF YOU DO NOT AGREE TO ANY UPDATES TO THIS PRIVACY POLICY PLEASE DO NOT CONTINUE TO PARTICIPATE IN THE PROGRAM.

2. COLLECTION AND USE OF INFORMATION

We need certain data from you in order to enable your participation in the Program. Information that you submit and we receive through the Program includes:

• Service Information, as follows: service address and utility account number. We collect and use Service Information to verify your eligibility to participate in the Program and to facilitate the Program with your utility provider, or independent system operator/regional transmission organization.
• Thermostat Information, as follows: anonymized thermostat performance data. We may collect and use Thermostat Information to facilitate your participation in the Program and for general system testing purposes.

You may elect not to provide this information, but doing so may prevent you from participating in the Program.

We also automatically collect certain information from your smart thermostat, telemetry device and device provider and Program Administrator (“Usage Data”). Usage Data includes: thermostat account status, run time data, utility interval data, set points, and related details, and operational data including peak load contribution, whole-home interval energy consumption data, and annual energy consumption. We use the information we collect automatically from your smart thermostat or telemetry device to facilitate and monitor the Program, specifically to:

• Provide the Program, including providing demand response, generation, and/or grid services;
• Administer your participation in the Program;
• Monitor and service the Program, including generating reports to understand and improve the Program.

We may obtain Service Information, Thermostat Information and Usage Data from outside sources, such as the Program Administrator, your utility provider and/or your independent system operator/regional transmission organization. Any information we receive from outside sources will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices.

We may aggregate your Usage Data with that of other Qualified End Users in various formats so your Usage Data becomes anonymous such that you are not individually identifiable. We use this information for various analysis, reporting and Program management purposes. This aggregated information is not considered Usage Data or your personal information and may be used by Program Facilitator in any lawful manner, but in no event shall it be used for commercial gain, and shared with Program Administrator.

In addition to the foregoing, we may use all of the above information to comply with any applicable legal obligations, to enforce any applicable terms of service, and to protect or defend the Program, our rights, the rights of our users, or others.

3. HOW WE SHARE YOUR INFORMATION

In certain circumstances, the Program Facilitator may share your information with third parties. Such circumstances may include:

• With your utility provider, or independent system operator/regional transmission organization, demand response services aggregators and other partners for the purposes of facilitating and providing the Program.
• With the Program Administrator.
• With third party service providers, such as, cloud computing services, data analysts, application service providers, and connected home service and device providers.
• With our affiliates or otherwise within our corporate group.
• To comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries.
• In connection with an asset sale, merger, bankruptcy, or other business transaction.
• To enforce any applicable terms of service.
• To ensure the safety and security of the Program Facilitators and/or other participants in the program.
• With professional advisors, such as auditors, law firms, or accounting firms.

You acknowledge that such sharing of information may occur in all of the aforementioned circumstances and is permitted by and subject to this Privacy Policy.

4. DATA SECURITY

Please note that any information transmitted to us electronically may not be secure during transmission. We recommend that you do not use unsecure channels to operate your smart thermostat or otherwise communicate with us. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you transmit to us you do at your own risk.

5. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Policy, please email us at legal@voltus.co or contact us at Voltus, Inc., 2443 Fillmore St. #380-3427, San Francisco, CA 94115, Attn: Chief Legal Officer.