LAST UPDATED: MAY 16, 2025

EnergyHub, Inc. (41 Flatbush Ave Suite 400A, Brooklyn, NY 11217, USA) and its affiliates, EnergyHub International Inc., (which may use the brand name Kapaciy or Kapacity.io) and EnergyHub Canada ULC, (“EnergyHub“) provide demand-management products and related services to utility companies and thermostat and other connected device providers. Kapacity.io uses a cloud-based response platform to signal thermostats and heat pumps to optimize electricity and efficiency. Although they are an affiliate of ours, they are an independent controller of your personal information. Our Services (defined below) integrate with connected devices in your home, such as heat pumps, water heaters, smart thermostats, batteries, electric vehicle supply equipment (EVSE), electric vehicles, and solar inverters, to manage programs operated by our utility partners. EnergyHub (alternately, “EnergyHub”, “we”, “us” or “our”) respects your privacy and is committed to complying with this privacy policy (“Policy”), which describes what information we collect about you, how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information. This Policy applies to information collected on our website located at www.energyhub.com and www.kapacity.io (the “Website”), any current or future mobile applications associated with the Website (the “Mobile Apps”), all connected devices such as thermostats participating in programs, all interactive features, applications, widgets, social networks and social network “tabs”, and other online or wireless offerings that post a link to this Policy, whether accessed via computer, mobile device or other technology or any associated content, material, or functionality contained on the Website or Mobile Apps (collectively, the “Services”).

If you reside in California, please also see the section below called California Consumer Privacy Act (CCPA) Rights.

If you reside in the European Economic Area or the United Kingdom, please also see the section below called GDPR Residents.

This Policy describes how we protect and handle the information that you provide and that we obtain through our Services. We may collect or receive information about you or your use of the Services from the following:

• When you access the Services via our Website, Mobile Apps or similar consumer web portals that we host or that are made available by utilities, thermostat providers or other device providers (the “Portals“);
• When you interact with the content on the Portals or any other content provided through the Services (the “Content“);
• When you access or use the Bring Your Own Device or Bring Your Own Thermostat® EnergyHub Platform;
• When you access or use devices connected to the Services, including, without limitation, connected devices such as electric vehicle chargers, EVSE, solar inverters, batteries, heat pumps, and connected thermostats connected via cloud to our technology partners (the “Devices“);
• When you access or use our Mobile Applications;
• When you access or use our Website and the “EnergyHub Platform”, which interconnect the Portals, the Mobile Apps, and the Devices;
• When you access or use websites and forums designed to collect your feedback (the “Survey Sites“);
• When you access or use websites and forums designed to provide technical support and foster product discussion (the “Support Sites”);
• When we collect your information as a representative of a utility or Device provider; and
• When you interact with us or the Services through any other medium or device now known or hereafter developed.

In this Policy, for convenience we refer to the combination of products and services we provide, or our Partners provide, including the Services, the Portals, the Content, the Devices, the Mobile Apps, the Survey Sites and the Support Sites as the “System.” Components of the System use cloud servers and data services located in the United States of America and Canada.

If you have any questions as to how the Policy applies to you, please email us at privacy@energyhub.com.

We may, from time to time, change this Policy (as further described in Section 8.1 below), so please check it regularly for any changes or updates.

If you are using our System (including by using your Device when connected to the EnergyHub Platform) from outside of the United States, please be aware that your information may be transferred to, stored in, or processed in the United States, where our servers are located and our central database is operated. Data will be protected subject to this Policy and applicable privacy laws in the United States.

1. THE INFORMATION WE COLLECT AND USE

As part of distributed energy resource programs that we run on behalf of our utility customers, we collect information relating to you and your use of the System. We use the term “Consumer Information” to refer to any personally identifiable information relating to you or your use of any portion of our System, including your Device. We collect various categories of Consumer Information in connection with your use of the System and some of this information specifically identifies you or your household. Such Consumer Information could relate to the employees of our utility customers, thermostat and other Device providers or consumers with Devices that have signed up for Utility programs. The following sections describe more specific categories of Consumer Information.

1.1 Location-Based Information

Some features of our System, such as location-activated Device adjustments, use location information about a Device (collectively, “Location-Based Services”). Before Location-Based Services can be used or collect location information, you must first opt-in to activate these services. If you enable these features, we will automatically collect and store location information from a device you designate which is capable of producing location data (e.g., mobile device, GPS device, or vehicle). This location information may include your current location or places you have recently visited. We also may aggregate this information, but this information will only be used for EnergyHub’s, its affiliates’, utility customers’, thermostat providers’ and other Device providers’ and strategic partners’ purposes and to provide information requested by you. If you do not wish for us to collect and store this information, do not enable these features.

1.2 Account, Contact, and Service Information

“Account Information” is information about you and your account, including your Contact Information and Service Information (both described below below) and other account-related information that is necessary or useful for us to manage your account, provide you or your Device with access to the EnergyHub Platform and manage privacy preferences.

“Contact Information” means information that identifies you, including your name, address, telephone number and email address. You provide us your Contact Information when you register with EnergyHub, your utility, thermostat provider, other Device provider, one of our strategic partners, or a contractor or representative of one of the foregoing entities. We also collect Contact Information about the personnel of utilities and Device partners.

“Service Information” means information generated by your use of the System or your Device, including your home size, zip code, home system configuration, types of Devices in your home, and the level of Service you have.

In the event that you contact us for customer support, we may also request that you provide additional Contact Information or Service Information relevant to the support requested by you. You are under no obligation to provide such information. We may retain communications relating to customer support, and information drawn from such communications, for statistical and reference purposes.

1.3 Usage Information

“Usage Information” is information about a consumer’s electrical usage or consumption relating to electrical loads monitored by the System, a consumer’s electric vehicle electrical usage, solar panel performance, a consumer’s overall household electrical usage, set point temperature, change of state and other information about the use and performance of Devices and HVAC systems. We receive this type of information from Devices, the Portals, the EnergyHub Platform, and the Services as they are used in the System, and we may also receive and collect Usage Information from third parties.

Usage Information also includes information about a consumer’s Devices, computer hardware and software that is automatically collected when you access the Portals and other features in the System. This Usage Information can include your IP address, browser type, domain names, access times and referring website addresses and Wi-Fi service set identifier. This information is used by us for the operation of the System, to maintain quality of the System and Services, and to provide general statistics regarding use of the System.

In order to better understand your use of the Portals and Services, we may track your behavior across the Services.

1.4 Device Utilization Information

“Device Utilization Information” is data that contains detailed information about the operation of a Device in a consumer’s home, such as a connected thermostat, electric vehicle or charger, battery or other connected device. Device Utilization Information records are collected whenever a Device is connected to the System. Device Utilization Information is linked to your Account Information. Device Utilization Information does not include Usage Information.

1.5 Survey Information

“Survey Information” is information relating a consumer’s experiences and satisfaction with the System, a consumer’s participation in distributed energy resource programs and suggestions relating to the System provided by a survey participant. Such surveys are typically conducted at the request of the utility or Device provider.

1.6 Website Information

We handle the personal information you provide to us on our website when you use our Website or fill out different forms. For corporate representative accounts we process personal information such as name, email address and possibly phone number. When you use our Website, we may also collect your IP address, type and device ID of the device as well as mobile operating system, browser type, browser version, the specific sub-sites of our website that the you, the time and date of the visit, the time spent on those sites, unique device identifiers and other statistical data.

2. HOW WE USE CONSUMER INFORMATION THAT WE COLLECT (INCLUDING LEGAL BASES)

We use Consumer Information for a wide variety of purposes, including to enhance the System, to provide you with customer service and provide products and services to you. We also use your Consumer Information in anonymous form to better understand how consumers and utility or Device provider users use our System, which Services they use and for various other business purposes.

As explained further below, the legal bases for which we collect, use, transfer, or disclose Consumer Information include (i) where we have your consent, (ii) our legitimate interests, (iii) where we need to comply with a legal obligation, and (iv) as necessary to perform a contract. With respect to basis (i) and (ii), you have the right to opt out at any time.  We do not engage in automated decision-making, including profiling.

We may process your personal data for the purposes of our legitimate interests, provided that such processing does not outweigh your rights and freedoms. Where we rely on legitimate interests, you have the right to object. Please keep in mind that if you object this may affect our ability to perform certain services for your benefit. We process your personal data based on legitimate interests in order to:

• Protect you, us, or others from security threats by enhancing the security of our network and information systems;
• Identify and prevent fraud;
• Comply with applicable laws and industry regulations;
• Enable or administer our business, including by providing our Services and the EnergyHub Platform; and
• Improve our Services by enabling us to enhance, modify, or personalize them for your benefit.

Below is a summary of the legal bases for which we process your personal information.

2.1 Account Information

We use your personally identifiable Account Information to establish a user account with us, enroll you in a program, assist you in the use of the System (including customer support). We use this information pursuant to our legitimate interests, where we need to comply with a legal obligation, and as necessary to perform a contract.

2.2 Usage Information

We use personally identifiable Usage Information to provide utilities, Device providers and consumers with a consumer’s energy use data, to help consumers set energy goal/budgets and track a consumer’s progress, to optimize and support our grid service offerings (e.g., demand response in the EnergyHub Platform) and to optimize the performance of your System. We may also use Usage Information for customer support, System restoration, and research and development activities. We use this information where we have your consent (if we ask for it) or as necessary to perform a contract.

2.3 Device Utilization Information

We use personally identifiable Device Utilization Information for technical troubleshooting, quality control, customer support, enhancement of the System, and research and development activities. We use this information where we have your consent or as necessary to perform a contract.

2.4 Anonymous Consumer Information

We also “anonymize” Consumer Information by removing any identifier that can be associated with your personal Contact Information. Anonymous Consumer Information may be associated with or include other Account Information or Consumer Information that does not identify you. It allows us to understand usage of the System at a ZIP code level. Anonymous Consumer Information helps us develop reports and analyses about how consumers and users use our System and for other research such as research regarding behavioral inferences. We may share anonymous Consumer Information and reports and analyses based on anonymous Consumer Information publicly or with third party partners, utility companies, Device partners or service providers. We also use anonymous Consumer Information to troubleshoot technical issues with our System and to compile statistics and reports of usage of the System. To enable technical support, anonymous Consumer Information may be identified by an anonymous random identifier, which is not capable of being connected to any of your personally identifiable Consumer Information. To further protect your privacy, anonymous Consumer Information does not include Contact Information or any other information that would identify any specific individual or household. We use this information pursuant to our legitimate interests and as necessary to perform a contract.

2.5 Survey Information

Unless otherwise provided in the applicable System program agreement, we may use Survey Information and any ideas, concepts, know-how or techniques contained therein for any purpose, including without limitation, presentations, blog posts, tweets and testimonials in any medium; provided we will remove personally identifiable Contact Information (other than in certain testimonials we may publish first name and city or town). Please do not provide any Survey Information which you do not wish to have shared publicly. We use this information pursuant to our legitimate interests.

2.6 Contests, Sweepstakes and Other Promotions

On our System or in connection with a distributed energy resource or similar program, you may wish to participate in contests, sweepstakes and other promotions that we may offer from time to time. Through these promotions, you may choose to participate in activities such as sharing information found on our website or apps with others and sending e-mail invitations. In connection with any contests, sweepstakes and other promotions that we may offer from time to time via our System, we use the information you provide to administer the contests, sweepstakes, and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our products and services or our utility customers or the Device providers may use such information to communicate with you about the contests, sweepstakes, or other promotions or their products and services. If you choose to participate in these promotions, and are eligible to do so, we may ask you for information such as your name, e-mail address, date of birth, address, telephone number, thermostat or Device provider and/or utility company. We use this information where we have your consent or for our legitimate interests.

2.7 Social Media Platforms and Websites

Any information, communications, or material of any type or nature that you submit to our System (including, but not limited to, any of our pages contained on a social media platform or website such as Facebook or Twitter) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission“), is done with the expectation that the post could remain public. We cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms. We use this information where we have your consent.

2.8 Special Statement for Job Applicants

Any Consumer Information that you provide to us when applying for a career position with us will be used to consider and act upon your application and as otherwise described in this Section. We may retain your Consumer Information for a period of time, but only for as long as necessary for such purposes or as otherwise required by law. We may disclose your Consumer Information to our agents for the purpose of evaluating your qualifications for the particular position you applied for, for other available positions or as otherwise required by law. We may also disclose your Consumer Information to third parties hired by us to collect, maintain, and analyze candidates for career positions or as otherwise required by law. We use this information where we have your consent, for our legitimate interests, where we need to comply with a legal obligation, and as necessary to perform a contract.

3. DISCLOSURE OF CONSUMER INFORMATION TO THIRD PARTIES

We will not use, disclose or transfer your Consumer Information, except as set forth in this Policy, unless (1) you expressly authorize us to do so, (2) it is necessary to allow our utility customers, the Device providers or our service providers or agents to provide products or services, (3) it is necessary in order to provide distributed energy resource or similar programs to our utility customers and the Device providers (and contacting you when necessary), (4) we are sending you other information that may be useful to you, (5) subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (6) it is necessary to protect the confidentiality or security of your records, (7) subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of EnergyHub or the merger of EnergyHub into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which EnergyHub is not the survivor, (8) it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution, (9) it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, for your protection or in connection with an investigation or prosecution of possible unlawful activity, (10) it is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors, or (11) it is otherwise necessary for us to disclose it as required or permitted by law.

We may disclose anonymous Consumer Information, and analyses and reports derived from such information, to third parties including utilities, our service providers, advertisers, merchants, consumer and market research companies and other organizations. If the System is provided by a third party, they may have the same access to your Consumer Information as we do. Please review their privacy notices to learn about how the third party treats such Consumer Information.in line with the practices described in this Privacy Policy.

3.1 Contractors and Third-Party Service Providers

We may use independent contractors to assist with our operations. Such contractors may include programmers, consultants, billing and other agents, auditors, attorneys and accountants, potential purchasers of our business, collection agencies, and third parties who provide services necessary for us to provide the System or conduct legitimate business activities in connection with the System. Some of these contractors will have temporary access to our databases of Consumer Information. Their access to such information will be limited to specific tasks. We require these contractors and third parties to agree to protect the confidentiality of your Consumer Information and to use it only as necessary to perform the services they are asked to perform.

3.2 Utility and Device Providers

If the System is provided through your utility, a Device provider, third party System provider or other technology partner, we may share Consumer Information with your utility provider, third party Device or System provider, or other technology partner in accordance with your agreement with such utility provider or third party Device or System provider. In certain circumstances, such parties may have direct access to Consumer Information. Their obligations with respect to such Consumer Information is governed by their agreement with you and privacy notice, and may include use of Consumer Information to improve the quality of information they provide to you and to maintain and update contact records, including for their marketing purposes.

3.3 Compliance with the Law: Protection of Our System and Services

Because your privacy is very important to us, we have put in place commercially reasonable technical, physical and administrative measures to protect the Consumer Information that we collect. No security system is perfect, however, and we cannot guarantee that your Consumer Information will not be disclosed to unintended third-party recipients. It is possible that third parties may circumvent our security measures to unlawfully intercept or access your Consumer Information. In addition, we may be legally obligated to disclose Consumer Information to the government or third parties under certain circumstances, such as in response to a legal demand issued by a government entity, a subpoena issued in connection with a civil or criminal investigation or litigation, an order from a court or regulatory agency, or to comply with regulatory requirements. We may determine that, notwithstanding the provisions of this Policy, it is necessary or appropriate for us to disclose your Account Information and personally identifiable Usage Information to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act and any other relevant laws or regulations, to enforce our applicable End User License and Service Agreement or any other of our policies, to exercise our legal rights or defend against legal claims, to protect the integrity of our operations, to protect our customers, or to prevent a crime. Consistent with requirements under our data transfer agreements, we will implement legal and technical steps to limit governmental access to your personal information.

3.4 Affiliated Companies

We may share some or all of your Consumer Information with any parent company, subsidiary, joint venture or other company under common control with us. If another company acquires us, or acquires our assets that comprise or include your Consumer Information, we may transfer the Consumer Information to that acquiring company, which may put in place its own privacy policy with terms that are different from the terms of this Policy.

3.5 Third-Party Websites

You may have the option to enter third-party sites or pages through the System. EnergyHub cannot be assured that such third-party sites or pages follow EnergyHub’s, or equivalent, privacy policies.

4. YOUR CHOICES REGARDING CONSUMER INFORMATION

 4.1 Initial Privacy Settings

The initial privacy preferences for your account, summarized below, allow us to collect, use and disclose personally identifiable Usage Information and Device Utilization Information, in addition to Account Information, in manners consistent with this Policy.

In summary, your default privacy settings are:

Information Type Default Privacy Preferences

Account Information – Required to Provide Service
Personally identifiable Usage Information – Required to Provide Service*
Device Utilization Information – Required to Provide Servic

4.2 Changing your Privacy Settings: How to Opt-In or Opt-Out

If permitted by your Device provider, you may change your initial privacy settings by accessing your account through the Portals. In all cases, however, we will collect and use your Account Information to enable us to provide the System and to bill you for any Services.

4.3 Review and Update of Account Information

If you are an authorized Portal user who has been granted access to the Portal by a utility or you are an authorized user of a Mobile App, you may review your Account Information collected and stored by us and may ask us to change or update this information. If you would like to review your Account Information, you may access your account through the Portals and may make changes to your Account Information there.

4.4 Other Privacy Rights

As a data subject, you have rights related to the processing of your personal data. Your rights include the following:

• Right to access information collected about you through the Kapacity.io Software Service and/or EnergyHub Platform.
• Right to rectify or update any information about you that is inaccurate or incomplete.
• Right to request that we restrict processing of your personal data.
• Right to delete data about you.
• Right to withdraw consent that you may have given.
• Right to request that we provide data about you in structured, commonly used format so that it can be transferred to another company.
• Right to file a complaint about the processing of your personal data with a supervisory authority.

If you have questions about the privacy policy, how we process personal data or want to exercise any of your rights, such as requesting registry extracts or corrections, you are welcome to contact us at the contact details below. To submit any request, please contact us at privacy@energyhub.net for more information.

4.5 “Do Not Track” Signals

EnergyHub responds to the Global Privacy Control, as described below. With respect to a different preference signal called Do not Track browser requests, EnergyHub does not monitor or follow any Do Not Track browser requests.

5. INFORMATION FROM CHILDREN

Consistent with the Children’s Online Privacy Protection Act (“COPPA”), we will not knowingly collect any information from children under the age of 13.

6. OUR WEBSITES (COOKIES AND WEB BEACONS)

Like many websites, our websites use “Cookies” and “Web Beacons” to collect certain information.

We use Cookies, and similar tracking technology like pixels, to recognize you, to help personalize your online experience, and for our own marketing and advertising purposes. A Cookie is a small text file that is placed on your hard disk by a web page server. These Cookies contain information that can later be read by a web page server in the domain that issued the Cookie to you. We use Cookies to store information on your computer in order to save you time by eliminating the need to enter repeatedly the same information in order to display personalized content on later visits to the websites. We also use Cookies to help us understand which parts of the websites are the most popular; where our users are going and how much time they spend at various locations within the websites. The information we collect through Cookies is anonymous (unless you click the remember me button) and we do not access any of your personally identifiable information through the Cookies.

You have the ability to accept, decline, or customize the Cookies on your device through the cookie manager on our site. If you choose to decline Cookies, however, you may not be able to use the features of the websites that depend on Cookies.

The websites may contain tiny electronic images known as Web Beacons. We may use Web Beacons to assist us in delivering cookies on the Websites, to track and measure the performance of the System and to allow us to count users who have visited those pages. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisible on web pages or in an e-mail. We may include Web Beacons in promotional email messages in order to determine whether messages have been opened and acted upon.

When using the websites, your browser software may offer to remember your email address, password, or other credentials through its “Autocomplete” feature. Use of this feature may cause such credentials to be stored as unencrypted “cleartext” on your hard disk. Therefore, it is not advisable to use this feature on public or shared computers.

7. DATA RETENTION

We retain data for as long as an account is active. Within 2 years of inactivity, we may delete the user account. However, at any time, users may request deletion of their accounts by emailing privacy@energyhub.com.

8. GENERAL

8.1 Amendments to this Privacy Policy

We may occasionally update this Policy. When we do, we will also revise the “last updated” date of this Policy. This Policy is not intended to and does not create any contractual legal right on behalf of any party.

8.2 Contact Us

Our intention is to be diligent in protecting your privacy by carefully following our Policy. If you would like to make suggestions or find out more about our privacy practices, please email us at privacy@energyhub.com.

9. CALIFORNIA CONSUMER PRIVACY ACT (CCPA) RIGHTS

This Section 9 applies only to California residents and explains rights arising under the California Consumer Privacy Act (CCPA). The CCPA provides consumers with specific rights regarding their personal information.

You have the right to request that businesses that are subject to the CCPA (which may include your utility or thermostat or other connected Device provider) disclose certain information to you about their collection and use of your personal information over the past 12 months. In addition, you have the right to ask such businesses to delete or correct personal information collected from you, subject to certain exceptions. You also have the right to opt out of a business selling or sharing your personal information. You may ask a business to limit its use of your sensitive personal information (e.g., biometric information or ethnicity), but know that EnergyHub doesn’t use your sensitive personal information in a manner subject to that right. In the event that you request deletion, you may have to be unenrolled from the applicable program(s) that you have previously enrolled in. If a business sells personal information, you have a right to opt-out of that sale. Businesses may not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above.

Program Participants and End-Users of the Services

In your capacity as program participant or an end user of the Services, EnergyHub acts as a “service provider” under the CCPA and our receipt and collection of any consumer personal information is done on behalf of our business partners (such as utilities or Device providers) in order for us to provide services to our business partners and customers. Please direct any requests under the CCPA to the business or utility with which you have a direct relationship.

Business Contacts and Website Visitors

Sometimes we collect personal information when you’re acting on behalf of a company (e.g., as an employee, agent, or contractor) or otherwise interact with EnergyHub directly (e.g., visiting the EnergyHub website outside of receiving Services from us).

Information We Collect from Consumers (Categories, Purposes, Sources)

We collect these categories of personal information:

• Identifiers — such as name, postal address, email address, or account name.
• Unique and online identifiers – such as internet protocol address or device IDs.
• Commercial information — such as records of products or services purchased.
• Demographic information — such as gender, age, income levels, and language preferences.
• Internet or other electronic network activity information — such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement.
• Professional or educational information.
• Location information.
• Online viewing activities (e.g., videos viewed, pages viewed).
• Inferences, such as preferences and behaviors.

We collect the above categories of personal information for the following purposes:

• Performing our Services.
• Auditing customer transactions.
• Fraud prevention and authentication/ID verification.
• Debugging errors in systems.
• Marketing and advertising.
• Internal research, analytics and development — e.g., user-preference analytics.
• Developing, maintaining, provisioning or upgrading networks, services or devices.

We collect the above categories of personal information from the following sources:

• Directly from you.
• Automatically generated information — such as technical, equipment and usage information.
• Your employer.
• From other companies, such as marketing services.

We retain the personal information that we collect to achieve the purposes for which the personal information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax, accounting, or audit purposes, or for other purposes permitted or required under law.

Disclosures of Personal Information, Sharing, Selling

We may have disclosed each of the above categories of personal information with the following categories of third parties who perform services on our behalf:

• Product and services delivery companies.
• Marketing services companies.
• Cloud storage companies.
• Credit reporting agencies.
• Billing and payment processing companies.
• Fraud prevention and authentication/identity verification entities.
• Analytics companies.

We may allow certain third parties (such as online advertising services) to collect your personal information via automated technologies. We share the categories of personal information listed below for the business and commercial purposes of online advertising and to provide third-party social network features and functionality.

You have the right to opt out of this disclosure of your information, which may be considered a “sale” or “sharing” under California law. You may opt out of “sharing” or “selling” by setting a browser-level opt-out, the Global Privacy Control, sent by California consumers. You may learn how to set that signal by going to this website: https://globalprivacycontrol.org/.

As described above, we do not directly disclose your personal information with third parties for monetary consideration. Our “selling” or “sharing” is instead confined to the context of online tracking, and so we may have “sold” or “shared” the following categories of personal information:

We do not knowingly sell or share the personal information of minors under 16 years of age.

How to Exercise Your CCPA Rights

You can exercise any of your CCPA rights described in this section by contacting us at privacy@energyhub.com. We may need to collect additional information about your previous interactions with EnergyHub to verify your identity. You may designate an authorized agent to submit requests on your behalf. To submit a request as an authorized agent on behalf of a consumer, please contact us at privacy@energyhub.com.

Processor Role

Under certain states’ privacy laws, like the Virginia Consumer Data Protection Act, Colorado Privacy Act, or the Connecticut Data Privacy Act, EnergyHub acts as a data processor and your utility or Device provider will remain responsible for the handling of any personal information your utility or Device provider collects from you. You should refer to your utility or Device provider’s privacy notice for more information on their privacy practices or to exercise a consumer right under such laws (like a request to access or delete personal data).

10. GDPR RIGHTS

 Identity of Controller

EnergyHub, whose email address is privacy@energyhub.com, and mailing address is 41 Flatbush Ave Suite 400A, Brooklyn, NY 11217, manages this Website and is a controller of the data collected through the Website. EnergyHub acts as a data processor for services as provided to our business partners, such as device or connected car manufacturers and utilities. Our business customers act as the data controller for the information related to your utilities and Devices and you should contact them to exercise your rights.

Kapacity.io (EnergyHub International Inc.), whose email address is hello@kapacity.io, and mailing address is Hämeentie 31, 00500 Helsinki, is a controller of certain of the Services and data collected through the www.kapacity.io website.

International Data Transfers

We may transfer and store your personal information to countries outside of the European Economic Area (“EEA”) or United Kingdom. Where these transfers are to countries that have not been found to provide adequate protection, such as the United States, EnergyHub takes necessary contractual measures to ensure that your personal information receives an adequate level of protection (including, for example, standard contractual clauses). For further information about EnergyHub’s international data transfer practices, please contact us using the contact details above.

Legal Rights for EEA Users

If you are a user in the EEA or the United Kingdom, you have certain rights in respect of the information that we hold about you, including:

• You have the right to a copy of the Consumer Information that we hold about you. You have the right to receive your copy of it in a common electronic format, and to provide copies of it to other people if you wish.
• You have the right to have the Consumer Information we hold about you corrected if it is factually inaccurate.
• In some limited circumstances, you have the right to have Consumer Information that we hold about you erased (the “right to be forgotten”). This right subject to various exceptions.
• You have the right to object to our processing of your Consumer Information where we rely on “legitimate interests” as our legal basis for processing, but we may be able to continue processing if our interest outweighs your objection.
• Withdrawing consent. If we are processing your Consumer Information on the basis of your consent, you have the right to withdraw that consent at any time, in which case we will stop that processing unless we have another legal basis on which to continue.
• Lodge a Complaint. You have the right to complain to a data protection authority about our collection and use of your Consumer Information. If you are not satisfied with the outcome of your complaint directly with us, you have the right to lodge a complaint with your local data protection authority. We would, however, appreciate the chance to deal with your concerns before you approach your DPA, so please contact us in the first instance. To find your relevant data protection authority in the EEA and their contact details, please see the list at: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For more information, please contact your local data protection authority in the EEA. This provision is applicable provided that your personal information is processed by automated means and that the processing is based on your consent, on a contract which you are part of, or on pre-contractual obligations thereof.