Notice of Accessing, Collecting, Storing, Using, and Disclosing Energy Usage Information

Thank you for choosing to be part of our community at Optiwatt, Inc., doing business as Optiwatt (“Optiwatt”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at support@optiwatt.com.

When you visit our website www.optiwatt.com or mobile application, and use our services, you trust us with your personal information. We take your privacy very seriously. In this Privacy Policy, we seek to explain to you what information we collect, how we use it and what rights you have in relation to it. This is important information, and you should take the time to read through it carefully. If there are any terms in this Privacy Policy that you do not agree with, you should immediately discontinue use of our Websites, our Apps, and our Services.

This Privacy Policy (the ‘Policy’) applies to all information collected through our websites (including www.optiwatt.com, and all of our websites collectively referred to as our “Websites”), mobile applications ("Apps"), and/or any related services, sales, marketing or events (we refer to all of these collectively in this Privacy Policy as the "Services").

We collect the following categories of personal information:

Data you provide directly to us

Data we collect automatically

Contact details Name, email address, postal address, and phone number Login credentials for your vehicle, charger, thermostat, or home energy system software or electric utility provider Rates and information related to your electric utility provider and usage Your feedback Online surveys and polls, product feedback, any information you provide when contacting us, etc Information about your vehicle The make, model, and year of the electric plug-in vehicle(s) you drive Information about your electric vehicle charger The make and model Information about your smart thermostat The make and model Information about your home energy system, which includes batteries and solar panels The make and model(s)

Website analytics Including your IP address, pages viewed, the URL from referral websites, links clicked on Browser and device information Type of Internet browser and operating system you use, other device heuristics Information about your use of Our Services During in app events, we collect date, timestamp, mobile advertising identifiers, a proprietary user ID, and charging session information Information about your personal devices Your device type, operating system, network, and other information Information directly from your vehicle software (if you provide your login credentials), including precise vehicle location (for certain vehicles), and charging history. Information directly from your charger software (if you provide your login credentials), including charging history. Information directly from your utility provider (if you provide your login credentials), including charging rates, times, and history. Information directly from your smart thermostat software (if you provide your login credentials), including schedule, set points and run times. Information directly from your home energy system software (if you provide your login credentials), including battery status, activity, and energy usage, and solar panel status, activity and energy production

When We Collect Personal Information

We collect personal information when:

Data you provide directly to us	Data we collect automatically
You email, call or otherwise communicate with us You fill out surveys or other market research activities You sign up for Our Services	You visit and interact with our Services You view our email communications or push notifications You click-through a marketing promotion You provide us with your vehicle, charger, thermostat, home energy system and/or utility login credentials and charge your vehicle, change your home's temperature or utilize your home energy system

How We Use Collected Personal Information

We use the personal information that you give and we collect for the following purposes:

• To provide our products and services, notably
  • Enabling electric utility synchronization with your vehicle or charger to optimize charging performance.
  • Monitoring app use, including charging and other activities surrounding charging activity.
  • Adjusting your smart home thermostat or home energy system to save you money and/or as part of a utility or grid operator program
  • When you opt in to our utility rebate program, we use your personal information to facilitate your utility company paying you a commission for providing your charging information to them.
• For customer support
  • Respond to your issue reports, questions, or feedback
• To improve our Services
• To troubleshoot any website, software, or charging synchronization issues.
• For advertising and marketing
  • We use Personal information for advertising and marketing purposes. This helps keep our Services low cost or free of charge.
  • We may send you email updates about new features, products, and services.
  • We may use collected information for online or mobile display advertising.

How We May Share Personal Information

• We may share collected personal information with vendors, service providers and clients. Our contracted vendors, service providers and clients are prohibited from using Optiwatt-collected personal information for any other independent marketing purpose. Please see below how you can opt-out of our cookie-specific data uses. If you opt in to our utility rebate program, we may share your information with your electric utility company to facilitate your utility company paying you a commission in exchange for this personal information.
• To resolve customer disputes or inquiries.
• For internal business purposes, including to analyze how the Services and our charging optimization software are used; forecast network utilization; design advertising campaigns; measure the performance of advertising campaigns; analyze electric vehicle charging trends; design new services or products; conduct audits or testing; perform internal research; and maintain business records.
• To protect the legal rights of Optiwatt or our website, platform or service users.
  • the legal rights of our company, our employees, our agents, and our affiliates.
  • to protect the safety and security of our website visitors.
  • to detect and protect against fraud.
  • to comply with law or legal process.
• Optiwatt may also share your personal information as part of a business transition.
  • Optiwatt may share personal information with prospective purchasers to evaluate the proposed transaction.
  • Optiwatt may also share your personal information with another company that buys assets or stock of Optiwatt. That company may use and disclose personal information for purposes similar to those described in this policy.
• With your consent.

In addition, we may share de-identified, aggregate, or anonymous information about our website visitors and Services users with advertising or marketing partners. See below for more information about your choices with our use of cookies and related technologies.

Your Rights And How To Exercise Them

• Access the personal information we maintain about you
• Delete the personal information we maintain about you, unless such information is necessary for compliance with our legal or regulatory obligations.
• Correct inaccurate personal information we maintain about you.
• Opt-Out of certain uses of your personal information. You can opt out of:
  • Email marketing - unsubscribe to our commercial email list by following the instructions provided in the email or calling (925) 492-7585.
  • Tailored advertising using third party cookies on our website or through mobile software or services. Refer to ‘Online Tracking Technologies and How To Opt Out’ below for more information.
• You can remove your vehicle and all future vehicle data uses by Optiwatt by clicking on the three dots adjacent to the vehicle image in your mobile app ‘Profile’ settings.

Online Tracking Technologies and How To Opt Out

Like many companies, we use cookies, pixels, web beacons, SDKS, and other tracking technologies to collect information about your browsing activities, your interactions with websites and apps, and to serve tailored ads. There are a number of ways to opt out of having your online activity and device data collected through these Services, which we summarize below:

• Opting out of cookie use in our Cookie Preferences.
• Blocking Cookies In Your Browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Blocking Advertising ID Use In Your Mobile Settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Advertising Industry Opt-Out Tools. You can also use these opt-out options to limit use of your information for interest-based advertising online or in apps by visiting http://optout.aboutads.info.
• With Each of Our Vendors Individually. The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising:

Vendor/Partner	Type of Data	Privacy Policy/Opt-Out
Facebook	Online and Mobile Advertising	Facebook Advertising Preferences
Google Ads and Analytics	Online and Mobile Advertising	Google's Privacy Policy
TikTok	Online and Mobile Advertising	TikTok Privacy Policy
Reddit	Online and Mobile Advertising	Reddit Privacy Policy

Utility Program Privacy: Notice of Accessing, Collecting, Storing, Using, and Disclosing Energy Usage Information

Optiwatt, Inc. is committed to protecting your privacy and ensuring transparency in how we handle your information as it relates to utility programs. This notice explains our practices regarding the accessing, collecting, storing, using, and disclosing of your covered information. This notice applies only to users in the event that Optiwatt partners with their local energy provider.

We collect or during certain programs receive the following categories of covered information: Customer Identification Information, Usage Information, Program Participation Information, Device Information, Location Information, Service Information.

We use the information to plan, implement, or evaluate demand response and energy management or energy efficiency programs. We do not use or disclose your information for secondary purposes without your prior, express, written authorization, except as required by law.

We will notify you of material changes to this notice via an email sent to the email address we have on file for you or through other notification mechanisms.

If you have any questions, concerns, or complaints regarding the collection, storage, use, or disclosure of your information, you can contact our User Success Manager and our support team by email at support@optiwatt.com, phone at +1 (925) 492-7585, or mail at 1212 Broadway Plaza, Suite 2100, Walnut Creek, CA 94596.

You have the right to review or dispute your information by contacting our support team. You also have the right to remove your information by deleting your Optiwatt account.

Mobile Privacy

Our app, ‘Optiwatt: Tesla & EV Charging’, uses software code provided by our business partners (software development kits or SDKs) that let our software interact with the Services those partners provide. Sometimes these interactions will involve that business partner collecting some information from the device on which the software is run.

How to view our mobile privacy disclosures

On Apple Nutrition Labels:

• Go to the App Store on your iPhone or iPad.
• Choose the app you want to check the privacy labels of.
• Scroll down on the app’s download page and tap on See Details right next to App Privacy.

On Google Play Data safety section:

• Open Google Play
• Browse or use the search bar to find an app.
• Tap an app.
• Under Data Safety, you'll find a summary of the app's data safety practices.
• For more detail, tap See details.

How to opt out of tracking on mobile

On iOS:

• When you download and open a new app, you'll get a notification that asks if you want to let the app track your activity across other companies' apps and websites. You'll also see information about what the app would track. You can tap Ask App not to Track to block that activity or Allow.
• For apps that you've already downloaded and may have tracking permissions set up for, you can opt out of tracking under Settings, tap an app, and then tap to turn off Allow Tracking. Alternatively, you may go to Settings > Privacy > Tracking. You'll see in the list of apps that have requested permission to track your activity. You can tap to turn on or off tracking for each app.

On Android:

• Go to the Settings app and navigate to Privacy > Ads. Tap Delete advertising ID, then tap it again on the next page to confirm. This will prevent any app on your phone from accessing it in the future.
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U.S. State-Specific Notice

Some U.S. states have enacted comprehensive privacy laws. The California Consumer Privacy Act, as amended by the California Privacy Rights Act or “CPRA” (collectively, the “CCPA”) and the Virginia Consumer Data Protection Act (“VCDPA”) create additional privacy obligations for businesses and provide Californians and Virginians with additional privacy rights.

Additional Privacy Rights:

In addition to the rights granted above, if you are a California or Virginia resident, you have the right to:

• Opt out of the “sale” or “share” of your personal information.
  • Given the broad definitions of ‘sale’ and ‘share’ under CCPA, some third party cookies placed on our website may be considered a sale or share. You may opt-out of such cookies as detailed in ‘Online Tracking and How To Opt Out.’ You can also exercise this right by submitting an opt out on our ‘Your Privacy Choices’ webform.
  • If you have opted into our utility rebate program, we may disclose your personal information to your participating utility company. You can revoke consent for this disclosure by deleting your account or contacting us at support@optiwatt.com .
• Opt out of targeted advertising. Some third party cookies on our Website are used for targeted advertising purposes. You may opt out of such cookies as detailed in ‘Online Tracking and How To Opt Out’ section (above).
• Use of location-based information
  • Californians have the right to limit the use and disclosure of their sensitive personal information and Virginians have the right to opt in to the use of their sensitive personal information. Optiwatt may receive sensitive information from your vehicle software (e.g., Tesla) such as geolocation data. If you are providing precise geolocation information, then you have provided consent at the point of collection and can opt out at any time by disabling location information sharing through your mobile operating system settings.

You can exercise these rights by contacting us at support@optiwatt.com.

Canadian, UK, & European Specific Notice

Legal Basis

Under the GDPR, we process Personal Data under the following legal basis

Processing Activity	Legal Basis under GDPR
Collection and Processing of Customer or Customer Personal Data to maintain and fulfill the Services	Contract Fulfillment
Improving our Services	Legitimate Interest
Product or Service-Related Communications to Customers	Legitimate Interest
Cookie-Based Advertising	Consent
Email Marketing	Legitimate Interest

Controller/Processor Designation

Under the GDPR, we are designated as a Controller.

Cross-Border Data Transfers

We may transfer to, and store the data we collect about you, in countries other than the country in which the data was originally collected, including the United States, Canada or other destinations outside the European Economic Area (“EEA”) and the United Kingdom (“UK”). Those countries may not have equivalent data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Privacy Policy and applicable supplemental product privacy policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside Canada, the EEA, and the UK.

If you are located in the EEA or UK, we will only transfer your Personal Data if:

• The country to which the Personal Data will be transferred has been granted an adequacy decision; or
• We have put in place appropriate safeguards in respect of the transfer, for example we have entered into standard contractual clauses and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by an EU supervisory authority

For more information on cross-border transfers of Your Personal Data or the appropriate safeguards in place, please contact us at support@optiwatt.com .

Additional Rights for UK or European Economic Area Residents:

In addition to the rights granted above, if you are a UK or EEA resident, the General Data Protection Regulation (GDPR) grants you the right to lodge a complaint against us with your local data protection authority. You can find your data protection authority at https://edpb.europa.eu/about-edpb/about-edpb/members_en.

Security & Retention

We have implemented reasonable security measures designed to protect your personal information from unauthorized access and disclosure. It is important that you understand, however, that no website, Internet-connected device or online platform is completely secure. We cannot anticipate all potential misuse of your information, and as a result, cannot guarantee the security of any information you transmit to us.

We generally retain consumer personal information for as long as necessary to provide our Services. If you subscribe to our newsletter, we will retain your information for as long as you are subscribed plus one (1) year. With regards to information collected from inquiries that do not result in a subscription to our communications or associated Services, we will delete this information after one (1) year. In addition, we retain cookies and other similar tracking data for one (1) year. We may also retain personal information if required by law, or for our legitimate interests, such as abuse detection and prevention, and defending ourselves from legal claims. Residual copies of personal data may be stored in backup systems for a limited period as a security measure to protect against data loss. For more information, please email us at support@optiwatt.com .

Children’s Privacy

We do not intentionally collect any personal information from children under the age of 13. If you believe we have obtained personal information associated with children under the age of 13 (or 16 in California), please contact us at privacy@optiwatt.com or +1 (925) 492-7585 and we will delete it.

Links On Our Website

This website may contain links to other websites or services. We do not control what information you provide, or is collected by these third-party websites. We encourage you to read the privacy policies or statements of the other websites you visit.

Changes To This Policy

If you have any questions about our privacy or security practices, or if you would like to request access to or correction of your personal information, you can contact Optiwatt by mail, telephone, or e-mail:

Contact Us

If you have any questions about our privacy or security practices, or if you would like to request access to or correction of your personal information, you can contact Optiwatt by mail, telephone, or e-mail: