Background:  Arcadia offers a variety of utility data, APIs, and solutions leveraged directly or embedded in third party (“Developer”) products, services or systems (“Application(s)”) offered to end users.  Certain Arc platform tools enable sharing of utility provider account, billing, and usage information with Developers.  Such  information is referred to in this Statement as "Connected Account Data." 

This statement (this “Statement”) addresses the processing of personal information to the extent included in any Connect Account Data of end users, directly, or, as integrated into Developer Applications.  “End user” as used in this Statement refers to end users of the Developer Applications, or direct clients of Arcadia, as applicable.  We also refer to the End User as “you,” and “your.”   This Statement applies to Arcadia Power, Inc. and its affiliates and subsidiaries, including Genability, Inc., Urjanet, Inc. and Urjanet Energy Solutions Pvt Ltd (collectively, “Arcadia”, “we”, “our”, and “us”) and products and services currently branded as “Arcadia,” “Arc,” “Genability,” and “Urjanet.” 

If you provide your information to Developers in connection with your use of the services, different practices may apply to the use or disclosure of the information that you provide to them. While Arcadia requires these Developers to follow Arcadia’s privacy and security requirements, Arcadia does not control the privacy or security policies of Developers.  To the full extent applicable in your jurisdiction, Arcadia is not responsible for the privacy or security practices of any third-party services linked to or from the services.  We encourage you to read the privacy policies and ask questions of third parties before you disclose your information to them.

If you have any questions or complaints about this statement, or about our privacy practices generally, you can contact us at privacy@arcadia.com. 

Below you will find a list of our product families with a description of the data they collect and the use thereof.  For our current U.S. services, we have also identified by offering the categories of information Arcadia processes and uses of the information further below.  Note that this list reflects Arcadia’s product suite as of the effective date of this statement and may not include products or services offered in the future. Please note that any implementation of Arcadia’s services may include one or more products; the following product descriptions will apply solely to the extent such Arcadia product is integrated into the applicable Application.

(a) Utility Data and Analytics

Through Connect, our utility data offerings enable you to access Connected Account Data and interval data from utility providers in machine readable format directly to your systems, or our utility data service delivers this data via feed (e.g., recurring .SQL, .CSV files).  In addition we offer services to analyze Connected Account Data and display reports on the carbon impact of resource usage.  We use this information as specified below in the How We Use Your Information section of this statement.

(b) Tariff Analytics

Our analytics offerings include APIs returning tariff rates, charge costs, optimized charging schedules, and optimized tariffs through a combination of a proprietary rate database and Connected Account Data.  We use this information as specified below in the How We Use Your Information section of this statement.

(c) Bundle

Bundle Utility Remittance and Hosted Payments entail use of Connected Account Data for the purpose of offering a solution to remit payments for utility bills directly to utilities, enabling Developers to collect payments from End Users, and in certain cases to present a consolidated billing experience.  We use this information as specified below in the How We Use Your Information section of this statement.  Developers are notified when a new utility statement is released with details on energy use and utility billing line items, and send an API request to Arc to remit payment to the End User’s utility for the full utility charge.  After payment has been remitted to the Utility, Developer (in the case of Utility Remittance) or Arcadia via a payment processor (in the case of Hosted Payments) charges the end-user’s payment method.  Payment methods are validated by third party payment processors and not by Arcadia directly. 

Independent Controller

For the purposes of certain data protection laws, both Arcadia and Developers are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the services or the Application.  

Information Potentially Processed and Categories of Sources

End customer contact data, such as name, email, phone number, address, and company.

Device data, such as computer or mobile device operating system type and version number, manufacturer and model, browser type, IP address.

Online activity data, such as analytics statistics and session playbacks detailing pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access.

Information you provide. When you connect your provider accounts through an Application or otherwise connect your provider accounts through Arcadia, where applicable, we collect identifiers and login information required by your utility provider, such as your username, account number, and password.  If your provider account information changes, the services may no longer provide all functionality.  When providing this information, you expressly authorize Arcadia to act on your behalf to access your accounts with the relevant utility provider and to store, handle, process and transmit applicable information obtained from the relevant utility provider.  You acknowledge and agree that for Bundle services, Arcadia may also need to modify or update your utility statement delivery preferences in order to provide the services, which could include modifying your e-billing or auto payment preferences.  By providing Arcadia with your provider account credentials, you certify that you or another member of your household or business owns the provider account(s) associated with your home or business.

Identifiers such as name, email address, phone number, and provider account number.

Location information such as service addresses.

Connected Account Data accessible through the account credentials you provide to Arcadia, such as utility provider, account number, utility service type (electric, gas, etc.) utility bill amounts, bill amount and due date, payment history, hourly and monthly energy consumption, service dates, electricity rate.

Information we collect from your utility provider accounts.  The information we receive from the utility providers varies depending on what and how information is made available by those providers and the specific Arcadia services Developers use or, in cases where we offer services directly to you, the specific Arcadia services you use.  Depending on these factors, the information we collect may include identifiers, location information, and Connected Account Data.

Inferences we derive from the data we collect.

We may use the above information to derive independent inferences or inferences based on a combination of Connected Account Data and commercially/publicly available sources.  These inferences support our solutions.  Examples of these inferences are listed below:

●      We may infer your electricity rate based on your geolocation;

●      We may infer your optimized tariff based on your electricity usage;

●      We may infer property type (e.g., single family detached);

●      We may infer utility and available incentive details (e.g., rebates, tax credits, bill credits) based on geolocation, electricity usage, and property type.

How We Maintain Account Connections

By providing us with your utility account login details, you confirm that you have all the necessary rights, permissions and authority to share your login details and Connected Account Data with us, and you grant us explicit consent to use your login details to access your Connected Account Data to obtain the necessary Connected Account Data on your behalf and at your direction in order to provide you with our services through the Application.  We may need to periodically change or update your credentials you share to maintain Connected Account Data. You agree to allow Arcadia to make changes reasonably necessary to maintain connection to account(s) on your behalf including, but not limited to, changes to your login information, your email address, and your account security questions.  For our Bundle offerings, Arcadia may need to modify or update utility statement delivery preferences in order to provide Utility Remittance and Hosted Payments, which could include modifying e-billing or auto payment preferences.

How We Use Your Information

We use End User information for a number of business and commercial purposes, examples of which we have listed below:

●      To operate, provide, and maintain our services.

●      To improve, enhance, modify, add to, and further develop our services, such as by improving connections to utility service providers.

●      To help protect you, developers, our partners, Arcadia, and others from fraud, malicious activity, and other privacy and security-related concerns.

●      To verify your identity.

●      To develop new products and services, which may include insights and  inferences based on the data we collect about you.

●      To provide support, including to help respond to inquiries related to our service or developers’ applications.

●      To investigate any misuse of our service or developers’ applications.

●      To comply with contractual and legal obligations under applicable law and for other legal purposes such as to establish and defend against claims.

●      For other notified purposes with your consent or at your direction.

Retention of Information

We retain End User Information for no longer than necessary to fulfill the purposes for which it was collected and used, unless a longer retention period is required under applicable law. As permitted under applicable law, even after you stop using the Application or terminate your account with the Developer, we may still retain your information. However, your information will only be processed as described in this statement.

How We Share Information We Collect from the Products

Arcadia shares Connected Account Data with Developers you have authorized to receive the Connected Account Data.

We may share data to other Arcadia entities in the US and abroad or with third parties, such as vendors, consultants, agents and other service providers who provide services to Arcadia.  To the extent that Connected Account Data includes personal data, our current list of Subprocessors can be found here.  Such service providers are required by contract to safeguard any personal data they receive from us and are prohibited from reusing the personal data for any purpose other than to perform the services as instructed by Arcadia. We will not sell your personal data or allow a third party to use your personal data for its own commercial purpose.

European Economic Area (EEA), California, and Virginia Data Subject Rights.  Under laws applicable to Arcadia, you have the following rights in respect of your personal information that we hold:

Right of access. You have the right to obtain:

●      confirmation of whether, and where, we are processing your personal information;

●      information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;

●      information about the categories of recipients with whom we may share your personal information; and

●      a copy of the personal information we hold about you.

Right of portability. You may have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal information to another person.

Right to rectification. You may have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.

Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.

Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.

Right to object. You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.

Right to withdraw.  Where processing of your personal information is based on consent, you have the right to withdraw that consent.

If you are a resident in France, you also have the right to set guidelines for the retention and communication of your personal information after your death.

Please contact us at privacy@arcadia.com if you would like to exercise any of these rights, and we will comply with any requestt as required under applicable law.

Lodging Complaints

If you have concerns about compliance with our data privacy requirements, please contact us at privacy@arcadia.com. We hope we can resolve any concerns. 

If you are a resident of a European Union member state you have the additional right to lodge complaints about the data processing activities carried out by Arcadia before your local data protection authority.

International Data Transfers

We operate internationally, and as a result, will transfer the information across international borders, including from the EEA or UK to the United States and India, for processing and storage. To the extent that personal information is transferred from the EEA or UK to territories/countries for which the EU Commission or UK Secretary of State (as applicable) has not made a finding that the legal framework in that territory/country provides adequate protection for individuals' rights and freedoms for their personal data, we may transfer such data consistent with applicable data protection laws based on prior assessment of the level of data protection afforded in the context of the transfer, including through the use of the EU Commission-approved or UK Secretary of State-approved (as applicable) standard contractual clauses, if necessary in combination with additional safeguards.

Changes To This Statement

We may update or change this Statement from time to time. If we make any updates or changes, we will post the new Statement on Arcadia’s website at http://legal.arcadia.com or a successor website and update the effective date at the top of this Statement. We will also notify Developers of any material changes in accordance with our developer agreements, as they are generally best positioned to notify their End Users about such changes to this Statement, as appropriate.