Privacy Policy - ElectriqPower

ELECTRIQ POWER PRIVACY POLICY

Electriq Power, Inc. (“Electriq”) is committed to safe data handling and protecting your privacy, when and wherever possible, while carrying out our mission of enhancing the sustainability, resilience, access and pricing of electricity and the broader electricity grid. To support that mission, we may collect various types of information when you use Electriq’s products and services, including: (1) our Powerpod Energy Storage Systems and associated grid services (the “ESS”); and (2) our websites, web and mobile phone application(s), social media pages, email messages, or other digital services (collectively “Digital Services”). This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy does not apply to information collected by:

Electriq offline or through any other means, including on any other site operated by Electriq or any third party (including Electriq affiliates and subsidiaries); or
Any third party (including Electriq affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Digital Services.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how it will be treated. By using our products and services, you agree to allow us to collect, process, use, and disclose information as described in this Privacy Policy.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

Generally

Electriq collects several types of information from and about users of our products and services, including information:

by which you or your household may be identified, such as name, postal address, e-mail address, telephone number, or any other information the site collects that is defined as personal or personally identifiable information under applicable law (“Personal Information”);
that is about you but individually does not identify you or your household, such as your home electricity usage, your utility and/or solar installation /production information, and other information about your home’s attributes; and/or
concerning your internet connection, as well as the equipment and software you use to access the Digital Services.

Information You Provide Us

Electriq collects the following information from you, when you provide it to us:

Information you provide when filling in forms using the Digital Services or setting up the ESS;
Information you provide when posting material using the Digital Services;
Information you provide about your ESS (including state of charge, energy flows from various electricity sources, and ownership and financing information);
Information you provide when requesting further services or product information;
Information you provide when you report a problem with a product or service;
Records/copies of your correspondence (including email addresses) if you contact us; and/or
Your responses to surveys that we may ask you to complete.

Information We Collect Automatically

Electriq automatically collects certain information when you use the Digital Services. With respect to the Digital Services, we collect such information through cookies, web beacons, and other tracking technologies. Such Digital Services information includes:

Details of your visits and usage of the Digital Services, including location data and other communication data and the resources that you access and use on the website or application; and
Information about your computer and internet connection, including your IP address, operating system, and browser type;

Electriq also automatically collects certain information when your ESS is online. Such ESS information includes:

Your household’s energy consumption and related energy data;
The performance of the ESS; and
Information about your internet connection associated with the ESS’s online activities, including your IP address.

Other Information We Collect

We may also collect a variety of information about the ESS or your home from various sources in connection with installations, maintenance activities, or other activities related to the system. Such information may include any of the information identified above, as well as the dimensions of a particular room, the configuration of your electric system, number of products installed, and serial number(s).

Information We Collect From Third Parties

We may also collect any of the foregoing information from third parties, such as from a certified installer, your electric utility, or from one of our other business partners.

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We retain the information we collect from or about you, our products, and our services for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. When the information is no longer necessary for these purposes, we delete it or keep it in a form that does not identify you. When determining this retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature of our relationship with you, the impact on the services we provide to you if we delete some information from or about you, and retention periods required by law.

HOW WE USE YOUR INFORMATION

We use information that is collected about you or that you provide to us, including any Personal Information for the following:

To present the Digital Services, as well as their contents, to you;
To allow you to participate in interactive features on our Digital Services;
To provide you with information about our products or services, or respond to other inquiries from you;
To provide you with notices about your account or purchased products or services, including expiration and renewal notices;
For general maintenance purposes of the ESS, including to send firmware updates and security patches;
To monitor the performance of the ESS and offer remote diagnostics support, or other services related to the ESS;
To carry out Electriq’s obligations to you or third parties, such as grid services agreements and warranty services, as well as to enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
To provide you and other users with customized content, targeted offers, and advertising for our products and services;
For other business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, determining the effectiveness of our promotional campaigns, and operating and expanding our business; and
In any other way we may describe when you provide the information and for any other purposes with your consent.

In addition, we use information automatically collected from the ESS (“ESS Data”) the following ways:

Aggregation of power usage, trends, and history including over a geographical area, utility district, or zip code, or other defined attribute that includes more than one ESS;
General trends of power usage over time periods; and
Identification and analysis of appliance usage.

The use of such ESS Data shall not identify you using Personal Information.

DISCLOSURE OF YOUR INFORMATION

We may share aggregated information about Electriq users, as well as information that is not Personal Information, without restriction.

We may share Personal Information that we collect from you as follows:

With our subsidiaries and affiliates;
With contractors, service providers, and other third parties used to support our business, so long as they are bound by contractual obligations to keep the Personal Information confidential and use it only for the purposes for which it is disclosed to them;
Although we do not sell your information, we may share your information with our online or email advertisers or other third-party vendors to manage or improve our online and email advertising campaigns;
With a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred; and
To fulfill the purpose for which you provide it or for any other purpose disclosed by us when you provide the information and/or with your consent.

Electriq may also disclose your Personal Information:

To comply with any court order, law, or legal process, including to respond to a government or regulatory request;
To enforce or apply our terms and other agreements, including for billing and collection purposes; and
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may transfer Personal Information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your Personal Information to other countries, we will protect that information as described in this Privacy Notice. In particular, to offer our services, we need to transfer your Personal Information to the United States, where we are headquartered and where some of our service providers are located. The United States is not considered to provide an adequate level of protection under EU data protection law. By agreeing to the Privacy Policy, you consent to the transfer of your Personal Information for the purposes described herein.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information you provide to us. If you do not wish to have your contact information used by Electriq to receive promotions regarding Electriq’s and/or third party products or services, you can opt-out by: (1) checking the relevant box located on the form on which Electriq collects your data; or (2) at any other time by logging into the website or application and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes. You can also contact us in accordance with the “How to Contact Us” section below.

If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of product purchase, warranty registration, product service experience or other transactions.

ACCESSING, CORRECTING AND DELETING YOUR INFORMATION

You may contact us through your user account, or pursuant to the “How to Contact Us” section below, to request access to, or correct or delete any Personal Information that you have provided to us. It may be that we cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we reasonably believe the change would violate any law or legal requirement or cause the information to be incorrect.

YOUR CALIFORNIA PRIVACY RIGHTS

California residents have a right to knowledge, access, and deletion of their Personal Information under California law. Additionally, California residents have a right to opt out of the selling of Personal Information or sharing such information for cross-context behavioral advertising. California residents also have a right not to be discriminated against for exercising one of their California privacy rights. Electriq does not sell your Personal Information or share it for cross-context behavioral advertising, and does not discriminate in response to privacy rights requests.

We provide notice of our data practices in this Privacy Policy. This includes what Personal Information is collected, the source of the Personal Information, and the purposes of use, as well as whether we disclose that Personal Information and if so, the categories of third parties to whom it is disclosed. All requests under California law may be made by contacting us pursuant to the “How to Contact Us” section below.

DATA SECURITY

Electriq has implemented reasonable and appropriate measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, no data transmission or storage system can be guaranteed to be 100% secure. Although we will do our best to protect your information, we cannot guarantee the security of your information.

Additionally, the safety and security of your information also depends on you. If we have given you (or where you have chosen) a password for access to certain parts of the Digital Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

TRACKING TECHNOLOGIES

To enhance our Digital Services, we use “cookies”, “web beacons” and/or other tracking technologies. Cookies are text files placed in your computer’s browser to store your preferences. Cookies and other tracking technologies are used to understand service and Internet usage and to improve or customize our products, content and offerings. For example, cookies may be used to personalize your experience at our website (e.g., to recognize you by name when you return) or save your password in password-protected areas. We or a third party platform with whom we work may place or recognize a unique cookie on your browser to enable you to receive customized content, offers or services on our website.

These cookies do not collect Personal Information automatically, but we may tie this information to Personal Information about you that is collected from other sources or you provide to us. Most web browsers are set up to accept cookies. You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies. However, if you disable the use of cookies in your web browser, some features of our website may be difficult to use or inoperable.

THIRD-PARTY SERVICES

The Digital Services may contain links to third parties who partner with us. If you use those links, these third parties may collect information about you. We do not control third-party links or how these third parties collect and use your Personal Information. If you have any questions about their privacy practices, you should view their privacy policies and/or contact those third parties directly.

The Digital Services also may offer you the ability to interact with social plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided Personal Information to a third party operating a plug-in on the Digital Services, then such third party may recognize you on the Digital Services. Your choice to use social network plugins and provide your information to them is subject to each social media site’s privacy policy, which may be different from ours, so please read their policies carefully to understand your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites.

MINORS AND PRIVACY

Protecting children’s privacy is important to us. We do not direct our products and services to, nor do we knowingly collect any Personal Information from, children under the age of sixteen. If we learn that a child under the age of sixteen has provided Personal Information to us, we will use reasonable efforts to remove such information from our files.

CHANGES TO OUR PRIVACY POLICY

We may occasionally update this Privacy Policy. We will post any changes on this page with a notice that the Privacy Policy has been updated on our website’s home page. In the event such changes are material to how we treat Personal Information, you will be notified by email to the primary email address specified in your account and/or through a notice on our website’s home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Privacy Policy to check for any changes.