Privacy Policy

1. Overview. This privacy notice (this “Notice”) describes how Cala Systems, Inc. (“Cala”, “we”, “our” or “us”) collects, uses, and discloses your Personal Information and how to exercise any rights you might have with respect to this information. It governs information we collect through our website, mobile application, and products, and information we collect, directly or indirectly, through any other means, including offline activities (collectively, the “Services”). In this Notice, “user,” “your,” or “you” refers to any individual from whom we obtain Personal Information, whether by using the Services, submitting any request through the Services, creating any account with the Services, or participating in any other activities or engaging with us. As the manner in which we obtain Personal Information and our uses for Personal Information may change, we encourage you to return to and reread this Notice from time to time. By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by this Notice, and consent to the collection, use, and disclosure of your Personal Information as described in this Notice. If you do not agree to the terms of this Notice, do not use the Services.
2. What Information Do We Collect? We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”). The types of Personal Information we collect about you will vary based on how you use the Services and your relationship with us, but may include:
   
   2.1. Individualized Information. We may collect certain Individualized Information from you when you register for a Cala product, or provide your information through our mobile application or website, including, but not limited to, when you directly input your information while creating a user profile, provide it along with any feedback regarding the Services or question you send us, request that we provide any product or service, exchange any message or communication through the Services, or otherwise engage or interact with Cala. Depending on the circumstances, this “Individualized Information” may include: your first and last name, email address, telephone number, postal address, number of household members, and product information including model number, serial number, install date, and name of product installer. If we obtain your Individualized Information from other sources, we may add it to the Individualized Information that we have already collected from you for the purposes described in this Notice.
   
   2.2. Device Information. We may collect certain information connected to your specific Cala product(s), including internal and ambient temperature, water usage, and energy usage. Such information: (i) may be collected automatically from your Cala product(s) without your specific confirmation; (ii) may be connected to specific times of day and number of household members; and (iii) may be combined with information concerning your utility company and solar panel production.
   
   Additionally, we may collect certain information relating to the device that you use to access and use the Services (referred to collectively, along with the product information, as “Device Information”). Depending on the circumstances, such information may include, but is not limited to: information about your web browser (e.g., browser type, domain names, access times, and operating system), Internet protocol address (“IP address“), web pages or Cala products or services that you have viewed and your time spent on each one, web pages or search terms that referred you to the Services, how you interact with the Services and your user preferences, time zone, or information about the cookies installed on your device. We may use cookies and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of your visit and the information for which you searched and viewed.
   
3. Cookies and Tracking Technology.
   
   3.1. In General. A cookie is a small file containing a string of characters that is sent to your device or browser when you use a website or mobile application. When you use the website or mobile application again, the cookie allows it to recognize your device or browser. Cookies also offer a form of convenience in that they may store preferences and other information and, in doing so, save you time by allowing a website or mobile application to identify preferences that you have displayed or selected in the past. The Services may use cookies for purposes including, but not limited to, maintaining and improving the Services’ functionality, making the Services more efficient to you, generally customizing the Services to improve your experience, and offering advertisements through the Services that are relevant to you.
   
   We may also use other tracking technologies, such as tags, pixels, web beacons, and similar scripts, to store and/or share information about website visitors, their systems, and browsers. Additionally, we may use software development kits (SDKs), licensed from third party providers, for purposes of improving the functionality of our Services. Information you provide by using the Services may in turn be provided to these third parties. Third parties that Cala may use include the following; links below are to their respective privacy policies (note that Cala is not responsible for content in or adherence to the privacy policies maintained by any third party):
   ‍
   · Hubspot
   · Forecast.solar
   · Branch.io
   · WattTime
   · Datadog
   · AWS
   · Salesforce
   
   3.2. How Can You Control Cookies? You have the right to decide whether to accept, block, or reject cookies. You can generally select to accept, block, or reject cookies through your own device or browser controls. You should visit your device settings or browser’s help menu for instructions on how to make this selection and additional device-specific and browser-specific information about cookies. Cala is not responsible for making this selection for you. If you choose to reject cookies, you may still use the Services, but your access to some functionality and areas of the Services may be restricted. For more information on how cookies work and how to control them, you may visit www.allaboutcookies.org.
   
4. How Do We Use Your Personal Information?
   
   4.1. Use of Individualized Information. We may use Individualized Information for a variety of purposes including, but not limited to: providing or communicating with you regarding our products and services; establishing and maintaining customer accounts; providing customer service; processing orders and transactions (including payments); shipping products or information to you; verifying customer information; detecting security incidents that may compromise the confidentiality of Personal Information in our possession; maintaining or improving the quality or safety of our products or services; or enforcing our legal rights or as required by applicable law or requested by any judicial process or government agency.
   
   4.2. Use of Device Information. We may use Device Information for a variety of purposes including, but not limited to, product diagnostic services, energy usage monitoring, and communications with you regarding your energy usage. We also may use Device Information to administer and optimize the Services; make our products and services more useful to you; generate analytics about how our customers interact with the Services; assess the success of any marketing or advertising campaigns; or store user preferences. Using Device Information for these purposes allows us to determine which features on the Services users like best and generally helps us improve the Services and personalize each user’s experience.
   
   4.3. Minimum Amount Necessary. Cala will not use your Personal Information beyond the minimum amount and scope necessary to achieve the above purposes without first obtaining your consent.
   
   4.4. License to Use Your Content. Please note that by sending us messages or inquiries, uploading files, inputting data, or engaging in any other form of communication through the Services, you are granting us a license to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner the content of any such message, inquiry, file, data, or communication. This license is granted to us without restriction and without the requirement that we compensate you in any way. We are under no obligation to maintain any such message, inquiry, file, data, or communication in confidence, or to provide you with any response or confirmation of receipt.
   
   4.5. Aggregated Data. To the extent permitted under applicable law, we may also create statistical, de-identified, anonymized, or aggregated data (collectively, “Aggregated Data”) relating to our users and the Services to use for analytical, research, or any other legal purposes. Aggregated Data includes data derived from Personal Information and data collected by Cala from other sources that has been anonymized so that it does not relate to and could not reasonably be used to identify any individual.
   
   4.6. Email Communications. If you provide us with your email address, we may in the future begin to send you promotional emails, including newsletters. If you wish to opt out of these communications, you may do so by following the “unsubscribe” instructions in the email.
   
   4.7. Phone/Text/SMS. We may communicate with you via phone, text, or SMS; either to fulfill a transaction, respond to a request, or to provide you with promotional and marketing communications. We will never send you promotional or marketing calls, texts, or SMS messages without your express consent, which you may withdraw at any time.
5. What Information Do We Share or Disclose?
   
   5.1. Disclosure of Personal Information. We generally will not share or disclose Personal Information with any third parties, except under the following circumstances:
   
   5.1.1. When you have consented to us sharing or disclosing your Personal Information.
   5.1.2. When you have directed us to share or disclose your Personal Information.
   5.1.3. For purposes of product installation, service, warranty, recalls and service actions.
   5.1.4. When the Personal Information is shared with or disclosed to a parent company, subsidiary, joint venture, or other entity under common control with us in order to achieve any of the purposes described in Section 4.
   5.1.5. Subject to the terms of a confidentiality agreement, in connection with, and for the purposes of, a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets. These deals may include any merger, financing, acquisition, or bankruptcy proceeding.
   5.1.6. With a third-party contractor engaged to provide management, administrative, shipping and fulfillment, or support services on our behalf (a “Contractor”), which require the Contractor to have access to Personal Information. Such Contractors include, but are not limited to, cloud service providers that store and process Personal Information and Device Information. In this instance, we enter into an agreement with the Contractor limiting the Contractor’s use of the Personal Information to the minimum amount necessary to perform the services; requiring the Contractor to report any suspected or actual breach of security or other incident related to the Personal Information to us; and requiring the Contractor to adhere to the same level of privacy requirements that are required of us by all applicable law. By accessing or using the Services, you consent to our sharing your Personal Information with any Contractors and to the Contractors’ use of your Personal Information in accordance with applicable law, this Notice, and the other terms and conditions applicable to the Services.
   5.1.7. To detect, prevent, or otherwise address security, fraud, or technical issues.
   5.1.8. To ensure the personal safety of any individual, including our employees, users of the Services, or members of the general public.
   5.1.9. To the extent required to comply with legal obligations, processes, or requests; enforce our contracts and agreements (including this Notice); or protect or defend our legal rights.
   5.1.10. To the extent permitted by applicable law, we may in our sole discretion disclose any Aggregated Data that does not contain Personal Information to any third-parties for any legal purpose.
   
   5.2. Network Operators. Use of the Services may involve the use of third-party search engine operators or telecommunications carriers. These operators are not our Contractors, and any information that these operators collect in connection with your use of the Services is not a part of our collected Personal Information and is not subject to this Notice. We are not responsible for the acts or omissions of these operators.
6. Your Rights Regarding Your Information.
   
   6.1. Removals. If you would like your Personal Information to be permanently removed from our database, please contact us by email at support@calasystems.com or call 877-784-2252. We may ask you to provide a copy of your driver’s license or other identifying documents to assist us in processing your request. If required or permitted under applicable law, Cala may still contact users who have requested that their Personal Information be permanently removed. The removal of your Personal Information may take some time to complete, consistent with applicable law, andwe may determine that we are unable to honor a removal request. Please also note that the removal of any Personal Information will not necessarily result in the removal of records of past transactions or the deletion of information stored in our data archives. To the extent permitted by applicable law, we may in our reasonable discretion respond to a request to remove by converting the Personal Information into Aggregated Data, which is not subject to further requests for removal.
   
   6.2. Access and Corrections. Cala will, to the best of our ability and in accordance with applicable law, allow you to access and review the categories and specific pieces of Personal Information we have collected from you, the sources from which we have collected such Personal Information, the purposes for which we have used such Personal Information, and the types of third-parties to which we have disclosed such Personal Information for a purpose described under this Notice. We will also allow you to correct or add to your Personal Information held in our database. To make any such request, please contact us by email at support@calasystems.com or call 877-784-2252. We may ask you to provide a copy of your driver’s license or other identifying documents to assist us in processing your request.
   
   6.3. Timeframe. Cala will, to the best of our ability and in accordance with applicable law, confirm receipt of any request submitted under this Section 6 within ten (10) days of receipt of the request and respond to the request within forty-five (45) days. If a response requires additional time, we will notify you of the basis for the delay and may extend the timeframe for providing the response up to an additional forty-five (45) days.
   
   6.4. Excessive Requests. To the extent permitted by applicable law, if we reasonably determine that a request submitted under this Section 6 is manifestly unfounded or excessive, we may charge a reasonable fee for processing the request or may refuse to process the request.
7. Additional Policies.
   
   7.1. Security. Consistent with applicable law, Cala will utilize appropriate, commercially reasonable administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of Personal Information and Device Information. The appropriate safeguards employed by us may vary depending on the nature of information collected, with more stringent measures applied to information of a sensitive nature. No Internet or software transmission is completely secure, and we cannot guarantee that security breaches will not occur. We are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable safeguards. Additionally, you should be aware that certain Personal Information that you provide in connection with your use of the Services may remain stored on the device that you use to access the Services. You are solely responsible for maintaining the security of your device against unauthorized access.
   
   7.2. Third-Party Activity. The Services may contain links to other websites, cookies, or other materials from, or which may be operated by, third-party entities. The information practices and privacy policies of these third-party entities may be different than those of Cala. We are not responsible for any actions or omissions by any such third-party entities. This Notice applies only to Personal Information collected by Cala.
   
   7.3. Data Retention. Unless you ask us to delete your Personal Information sooner, we will maintain it until such time that we determine, in our sole discretion, that (1) it is no longer necessary for any purpose for which Cala may use it in accordance with this Notice; and (2) it may be destroyed or deleted in accordance with applicable law and our internal retention policies.
   
   7.4. Do Not Track. “Do Not Track” (DNT) is a web browser setting that informs a website, mobile application, or other service that you do not wish to be tracked. The Services do not respond to Do Not Track (DNT) signals or requests.
   
   7.5. Amendments. Cala will review this Notice from time to time and may modify or amend it as necessary to comply with applicable law. We may also update the Notice to reflect changes to our practices or for other operational reasons. If we make any material changes to how Personal Information is collected, used, disclosed, or transferred, we will notify you of these changes by modifying the version of this Notice that is available for your review on the Services. Accordingly, we encourage you to review this Notice from time to time. Notwithstanding any modifications we may make, all Personal Information will be treated in accordance with the version of the Notice that is/was in effect at the time the Personal Information was collected, unless we obtain your consent otherwise.
   
   7.6. Accessibility. Any person with a disability that prevents or restricts them from accessing this Notice through Cala’s website may request a copy in an alternative format by contacting us by email at support@calasystems.com or calling 877-784-2252.
   
   7.7. Children. The Children’s Online Privacy Protection Act imposes certain requirements on website operators that have actual knowledge that they collect Personal Information from children. Cala does not knowingly collect or maintain Personal Information from persons under 18 years of age, and no part of the Services is directed at persons under 18. If you are under 18 years of age, please do not use the Services. If Cala learns that Personal Information of persons under the age of 18 has been collected without verifiable parental consent, Cala will delete the Personal Information.
   
   7.8. Users from Outside the United States. Cala and its servers are located and operate in the United States, and are subject to the applicable state and federal laws of the United States. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. We do not represent or warrant that the Services, or any part thereof, is appropriate or available for use in any other jurisdiction. If you choose to access or use the Services, you consent to the use and disclosure of information in accordance with this Notice and subject to all applicable laws.
   
   7.9. Contact. In the event you have any questions for us, wish to submit a complaint about how we have processed any Personal Information, or would like to contact us for any other reasons, please email support@calasystems.com or call 877-784-2252. We will respond to any complaints or requests as soon as possible, and without prejudice to you. If you submit a complaint to us, you may of course also file any complaint with a relevant government agency in the state or jurisdiction in which you live or work.
8. Notice for Residents of European Economic Area, United Kingdom, or Switzerland.
   
   8.1. No Marketing to Such Residents. We do not market our services to residents of Europe, the United Kingdom (UK), or Switzerland, and are not subject to Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of Personal Information and free movement of Personal Information, known as the General Data Protection Regulation (GDPR). If you reside in the European Economic Area (EEA), UK, or Switzerland, please be aware that if you voluntarily provide us with any Personal Information, that information will be transferred from your location to data centers located in the United States for processing, and this transfer will be deemed to have been made with your consent.