Voltus Residential or Consumer Privacy Policy

Last Reviewed: November 4, 2024

This Residential or Consumer 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 a partner, residential, or consumer program as defined in the applicable Voltus Terms and Conditions (the “Program”). For the purposes of this Privacy Policy, “Qualified End User”, “you” and “your” means an eligible customer who has submitted an application for participation in the Program that has been accepted for the Program by the Program Administrator as identified in the applicable Voltus Terms and Conditions (the “Program Administrator”) and Program Facilitator and whose participation has not been withdrawn or terminated. “Program Device” means any device used to participate in the Program, including but not limited to smart thermostats, electric vehicles, and telemetry devices. "Personal Information" refers to information by which you may be personally identified, as this term and similar terms are used in applicable law.

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 Reviewed” 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 YOUR PERSONAL INFORMATION

We need certain Personal Information 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.
Program Device Information, as follows: anonymized performance data. We may collect and use Program Device 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 Program Device(s) and device provider(s) and Program Administrator (“Usage Data”). Usage Data includes: 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 Program Device(s) 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, Program Device 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 Personal 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 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. We commit to maintaining and using this information in deidentified form, and will not attempt to reidentify the information.

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.

The chart below shows the categories of Personal Information we collect, the business purposes for which we use that information, and the categories of third parties to whom we disclose this Personal Information for business purposes.

Categories of Personal Information We Collect	Business Purposes	Categories of Recipients to Whom We Disclose the Personal Information for a Business Purpose
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.	Verify eligibility to participate in the Program. Facilitate the Program with your utility provider.	Utility partners Independent system operator/regional transmission organization
Information Subject to Protection Under California Law, including data elements listed other categories in this chart.	Verify eligibility to participate in the Program. Facilitate the Program with your utility provider.	Utility partners Independent system operator/regional transmission organization
Commercial Information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Facilitate and monitor the Program. Administer your participation in the Program. Monitor and service the Program, including generating reports to understand and improve the Program.	None

In the preceding 12 months, we may have collected any and all of these categories of Personal Information from you, and disclosed such Personal Information to third parties for a business purpose as described in this chart.

We do not knowingly collect or process Personal Information of individuals under age 16 or Personal Information that would be considered "sensitive" under applicable privacy laws.

3. HOW WE SHARE YOUR INFORMATION

In certain circumstances, the Program Facilitator may share your Personal 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.

Other than as described here, we do not sell or share your Personal Information.

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 Program Device(s) 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. Your California Privacy Rights

If you are a California resident, you may have certain privacy rights, including:

The right to confirm whether we process your personal information;
The right to request access to or delete certain personal information (subject to certain exceptions);
The right to request correction of inaccuracies in your personal information;
The right to request your personal information in a portable format; and
The right to limit or opt out of certain forms of personal information processing.

To exercise any of these rights, please contact us (or contact us through an authorized agent) using the information below in the "How to Contact Us" section of this Privacy Statement. We review, verify, and process all requests in accordance with applicable law.

We will not retaliate against you or otherwise discriminate against you for exercising any of your privacy rights.

6. 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.