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Privacy Policy

Your privacy is important to us.

This Privacy Policy explains how Opti-mized collects, uses, shares, and protects your information when you use our website, platform, hardware, and services.

  • Last updated:
  • 22 sections
  • about 9 hours to read in full
  • We don’t sell your Personal Information for money.
  • We don’t sell identifiable facility data for money.
  • We don’t sell identifiable energy data for money.
  • You can unsubscribe from marketing.

Questions or requests? Email info@opti-mized.com

Each section starts with a short plain-language summary. Open “Read the full section” for the complete wording. The full wording is what applies.

01

Scope of This Policy

In short: This policy explains how Opti-mized Solutions Inc. handles information from our websites, platform, hardware, services and communications. Which parts apply to you depends on how you interact with us.

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This Privacy Policy describes how Opti-mized Solutions Inc. and its affiliated entities, where applicable (collectively, “Opti-mized,” “we,” “us,” or “our”) collect, receive, access, use, process, store, disclose, protect, retain, and otherwise handle information in connection with our websites, software platforms, hardware products, services, reports, communications, purchasing processes, customer support activities, and related business operations.

This Privacy Policy is intended to apply broadly to information that we collect or receive through your interaction with Opti-mized, whether that interaction occurs directly through our website or platform, through connected hardware deployed at a facility, through communications with our team, through purchasing or support activities, or through other products and services that expressly reference or link to this Privacy Policy.

Depending on how you interact with Opti-mized, different portions of this Privacy Policy may apply to you. For example, a visitor browsing our public website may provide significantly less information than an authorized user managing a facility through the Opti-mized platform. Similarly, a customer purchasing hardware may provide different information than a facility representative submitting electrical panel photographs or a user reviewing facility performance information through the dashboard.

For purposes of clarity, this Privacy Policy applies to information collected through or in connection with the following.

The Opti-mized Website and Related Webpages

This Privacy Policy applies to information collected through the Opti-mized website and any webpages, landing pages, informational pages, forms, interactive tools, resource pages, demonstration pages, product pages, support pages, contact pages, or other online experiences operated by Opti-mized that link to or reference this Privacy Policy.

This may include information provided when you browse our website, request information, submit a contact form, request a demonstration, communicate with our team, download materials, request access to a product or service, begin a facility setup process, subscribe to communications, or otherwise interact with features made available through the website.

Information collected through our website may also include technical and usage information associated with your interaction with the website, such as browser type, device type, operating system, approximate geographic region, referring pages, pages viewed, time spent on certain pages, navigation activity, interactions with forms or website features, and similar information that may be collected through cookies, analytics technologies, server logs, or comparable technologies.

The fact that this Privacy Policy applies to our website does not necessarily mean that we collect all categories of information described in this Privacy Policy from every website visitor. The information collected depends on how you use and interact with the website.

This Privacy Policy applies to information collected, generated, transmitted, displayed, stored, processed, or otherwise handled through the Opti-mized web platform, including customer dashboards, facility dashboards, administrative interfaces, analytics tools, energy intelligence features, equipment views, reporting functions, notifications, configuration tools, and other platform functionality.

The Opti-mized platform may receive and process information relating to facilities, electrical systems, connected equipment, energy consumption, electrical behaviour, equipment operation, runtime patterns, demand, operating schedules, facility configuration, device connectivity, hardware status, detected conditions, calculated opportunities, estimated savings, historical performance, and other information associated with the services provided by Opti-mized.

The platform may also process information generated from analysis of collected data. This can include calculated values, classifications, operating patterns, comparisons, baselines, trends, detected changes, alerts, estimated opportunities, equipment-level observations, and other information produced through automated or manual analysis.

Information displayed within the platform may originate from several sources, including information entered by authorized users, information collected through Opti-mized hardware, information provided by customers or facility representatives, information generated by the Opti-mized platform, information obtained from authorized integrations, and information created as part of technical or customer support activities.

Opti-mized User Accounts

This Privacy Policy applies to information collected and processed in connection with the creation, administration, authentication, maintenance, and use of Opti-mized user accounts.

This may include information such as a user's name, business or organization name, email address, telephone number, role, facility association, account permissions, access credentials, account status, login activity, authentication information, user preferences, communication preferences, and other information necessary to provide and administer access to Opti-mized services.

Where an account is associated with an employer, municipality, organization, property owner, facility operator, consultant, contractor, or other customer, certain information relating to the user's access or activities may also be available to authorized administrators of that organization, subject to applicable agreements, permissions, and platform functionality.

Users may be granted different levels of access depending on their role. For example, some users may be permitted to view only certain facilities, reports, dashboards, systems, or equipment, while other users may have administrative permissions relating to an organization or multiple facilities.

Account-related information may also be used to maintain security, detect unauthorized access, troubleshoot platform issues, administer user permissions, communicate important service information, and maintain records relating to customer and user activity.

Opti-mized Hardware, Sensors, Gateways, and Connected Equipment

This Privacy Policy applies to information collected, transmitted, received, generated, or processed through Opti-mized hardware and connected systems, including sensors, current transformers, gateways, communications equipment, circuit-level measurement devices, related accessories, firmware, and associated technologies deployed in or around customer facilities.

Depending on the configuration of a particular installation, Opti-mized hardware may collect or transmit information relating to electrical characteristics, energy consumption, current, voltage, load behaviour, operating patterns, equipment activity, circuit activity, equipment runtime, cycling, demand, changes in electrical behaviour, timestamps, equipment or circuit identifiers, connectivity status, signal quality, gateway status, device configuration, diagnostic information, and similar operational or technical information.

The nature and extent of information collected may vary depending on the type of hardware installed, the configuration selected by the customer, the equipment being measured, the capabilities of the applicable device, and the services enabled for the customer.

Opti-mized hardware is generally intended to collect information relating to facility systems, energy use, electrical behaviour, and equipment operation rather than information relating to the private activities of individuals. However, certain operational information may indirectly reflect patterns associated with the use or occupancy of a facility. For example, energy usage patterns may indicate that equipment is operating during certain periods or that facility activity has changed.

Information transmitted from hardware may be processed by the Opti-mized platform in order to provide analytics, dashboards, reports, alerts, calculations, equipment insights, performance comparisons, diagnostics, service functionality, and other features.

Facility Setup and Configuration Forms

This Privacy Policy applies to information submitted through facility setup, configuration, onboarding, assessment, quotation, pre-order, installation, or similar forms provided by Opti-mized.

These forms may request information needed to understand a facility and determine an appropriate system configuration. Depending on the service being requested, this information may include the name or description of a facility, facility type, approximate facility size, electrical distribution information, number and type of electrical panels, motor control centres, switchgear, circuits, equipment, utility information, installation characteristics, contact details, project information, and other information relevant to determining hardware, installation, service, or reporting requirements.

Facility setup information may also be used to create equipment records, prepare account or platform configurations, generate quotations, estimate hardware requirements, assist with installation planning, support commissioning activities, and provide ongoing services.

Where a facility setup process allows a user to save progress and return later, Opti-mized may also process identifiers, reference codes, contact information, or similar information necessary to associate a user with a previously created facility setup.

Information provided through these processes may become part of a customer's ongoing facility configuration or account records.

Facility Intelligence Reports and Similar Reports

This Privacy Policy applies to information contained in, used to prepare, or generated as part of Facility Intelligence Reports, energy reports, equipment reports, opportunity reports, performance reports, analytical reports, summaries, dashboards, assessments, recommendations, and similar materials provided by Opti-mized.

These reports may incorporate information collected through Opti-mized hardware, information provided by customers, historical energy information, facility information, equipment information, operational data, environmental or contextual information, calculations, assumptions, estimated savings, identified opportunities, equipment observations, and analytical outputs generated through the Opti-mized platform.

Reports may be generated automatically, manually, or through a combination of automated analytics and professional review.

Reports may also contain customer-provided information such as facility names, equipment names, equipment descriptions, operating schedules, utility costs, photographs, notes, or other project-specific information.

Where reports are shared with authorized customer representatives, consultants, contractors, service providers, facility operators, decision-makers, funding organizations, or other parties at the direction of a customer, the handling of those reports by the receiving party may also be subject to that party's own privacy, confidentiality, information security, or data-handling practices.

Electrical Panel, MCC, Switchgear, and Equipment Photo Submissions

This Privacy Policy applies to photographs, images, files, documents, diagrams, labels, equipment information, and other materials submitted to Opti-mized in connection with electrical panels, motor control centres (MCCs), switchgear, circuits, equipment, electrical infrastructure, facility systems, installation planning, technical support, or facility configuration.

Customers and users may be asked to provide photographs in order to assist Opti-mized in understanding electrical infrastructure, identifying equipment, determining system configuration, preparing hardware requirements, supporting installation, assisting troubleshooting, or maintaining accurate facility records.

Photographs may include electrical panels, breaker directories, panel schedules, equipment labels, nameplates, wiring arrangements, electrical rooms, switchgear, MCCs, transformers, equipment, mechanical systems, or other facility infrastructure.

Depending on how a photograph is taken, additional information may incidentally appear in an image. For example, photographs may capture portions of a room, facility signage, employee names appearing on labels, asset identifiers, serial numbers, addresses, documents posted near equipment, or individuals located in the background.

Users submitting photographs to Opti-mized should use reasonable care to avoid including personal, confidential, sensitive, or unrelated information that is not necessary for the intended purpose.

Opti-mized may process submitted images manually or using automated technologies in order to identify relevant information, organize facility records, assist with system configuration, improve data accuracy, support technical review, or provide requested services.

Online Store and Purchasing Process

This Privacy Policy applies to information collected in connection with our online store, purchasing process, quotations, orders, invoices, payments, subscriptions, renewals, product shipments, returns, warranties, and related commercial transactions.

Depending on the transaction, information collected may include a purchaser's name, organization, business address, shipping address, billing address, email address, telephone number, products or services ordered, quantities, pricing, transaction information, tax-related information, payment status, delivery information, and other information required to complete or administer a transaction.

Payment information may be processed directly by a third-party payment processor rather than stored by Opti-mized. In such circumstances, the payment processor may collect information such as payment card details, bank information, billing information, or other information required to complete the transaction.

Opti-mized may receive limited information from payment processors relating to the transaction, such as payment confirmation, transaction identifiers, payment status, payment method type, billing information, or information needed for accounting, fraud prevention, customer support, or order administration.

Our collection and use of information relating to purchases may also include records required for accounting, taxation, financial reporting, warranty administration, fraud prevention, customer service, contract administration, and compliance with applicable legal obligations.

Customer Service and Support

This Privacy Policy applies to information provided, collected, generated, or retained when customers, users, prospective customers, contractors, facility representatives, or other individuals communicate with Opti-mized for customer service, technical support, onboarding, troubleshooting, product assistance, training, warranty assistance, or other support purposes.

Support communications may occur through email, telephone, online forms, support portals, video calls, screen sharing, messaging systems, or other communication methods.

The information collected during support activities may include names, contact information, account details, organization information, facility information, device identifiers, equipment information, screenshots, photographs, diagnostic information, error information, platform activity, communications, notes, and other information necessary to investigate or resolve the applicable request.

In some circumstances, authorized Opti-mized personnel or service providers may access a customer's account, facility configuration, device information, or related data where reasonably necessary to investigate a technical issue, provide requested support, maintain the service, or protect the security and integrity of the platform.

Records of support communications may be retained for purposes such as resolving ongoing issues, maintaining service history, improving our products and services, training personnel, identifying recurring problems, documenting customer requests, and maintaining appropriate business records.

Marketing Communications and Notifications

This Privacy Policy applies to information used in connection with marketing communications, product announcements, newsletters, service updates, educational communications, event invitations, demonstrations, sales communications, and similar messages sent by or on behalf of Opti-mized.

Depending on how you interact with us, we may collect information such as your name, email address, telephone number, organization, job title, area of interest, communication preferences, records of consent where required, interactions with communications, and information relating to prior communications with Opti-mized.

We may also collect information regarding whether communications have been delivered, opened, viewed, or interacted with where permitted by applicable law and supported by the communication technologies we use.

Marketing communications are separate from certain operational or service-related communications. If you maintain an Opti-mized account or use our services, we may need to send administrative, transactional, security, billing, support, system, or service-related messages even if you have chosen not to receive promotional communications.

Where required by applicable law, we will provide mechanisms for users to unsubscribe from or modify their preferences regarding promotional communications.

Service, System, and Facility Notifications

This Privacy Policy also applies to information used to provide notifications relating to the operation of Opti-mized services.

These notifications may include equipment alerts, detected operating conditions, performance notifications, energy-related observations, device connectivity notifications, account security notices, system maintenance notices, report availability notifications, facility updates, support messages, and similar operational communications.

Depending on the configuration selected by a customer or user, notifications may be delivered through the Opti-mized platform, email, mobile notification, SMS, or other communication channels that may become available.

Information associated with these notifications may include contact information, user preferences, facility or equipment identifiers, alert information, platform activity, notification delivery status, and records of notification settings.

Demonstrations, Sales, Quotations, and Business Communications

This Privacy Policy may also apply when individuals communicate with Opti-mized outside of the website or platform in connection with potential or existing business relationships.

For example, we may process information when a person requests a product demonstration, asks for a quotation, communicates with our sales team, participates in a meeting, responds to an outreach communication, attends an event, requests information about our services, or discusses a potential facility or project.

Information collected in these circumstances may include business contact information, organization information, facility information, project requirements, meeting notes, communications, purchasing interests, requested services, and other information relevant to the business relationship.

Where appropriate, this information may be associated with an existing or prospective customer record.

Installation, Commissioning, and Technical Services

Where Opti-mized or an authorized contractor provides installation, commissioning, configuration, inspection, troubleshooting, or technical services, this Privacy Policy applies to information collected or created in connection with those activities.

This information may include facility contact information, facility access information, installation photographs, electrical information, equipment information, configuration information, device identifiers, panel or circuit information, technical notes, commissioning records, connectivity information, service records, and other information reasonably required to provide the applicable service.

Where services are performed by a third-party contractor or service provider, that party may also process information in accordance with its contractual obligations and, where applicable, its own privacy policies.

Information Provided Through Business Customers and Organizations

In many cases, Opti-mized provides services to businesses, municipalities, government organizations, facility owners, property operators, institutional customers, contractors, consultants, or other organizations.

Accordingly, information about an individual may sometimes be provided to Opti-mized by the organization with which that individual is associated rather than directly by the individual.

For example, an organization may provide the names and business email addresses of employees who require access to the Opti-mized platform, may identify facility personnel as contacts for an installation, or may provide information about individuals responsible for equipment, purchasing, billing, or project administration.

Where an organization provides information to Opti-mized, that organization is responsible for ensuring that it has appropriate authority to provide the information to us and that its collection and disclosure of the information complies with applicable requirements.

Data Generated Through the Use of Opti-mized Services

This Privacy Policy also applies to certain information that may not be directly submitted by a user but is generated through use of our products and services.

Examples may include platform activity records, account activity, device status information, facility performance data, equipment operating patterns, detected conditions, calculated values, diagnostic records, system logs, configuration history, report generation activity, communication history, and similar information produced as a result of using Opti-mized services.

Some information generated by our systems may be derived from other information. For example, Opti-mized may analyze electrical information over time in order to establish an operating baseline, detect unusual behaviour, identify potential energy loss, estimate savings, compare equipment behaviour, identify peak demand contributions, or generate other facility intelligence.

Derived or calculated information may be treated in accordance with this Privacy Policy where it relates to an identifiable customer, user, facility, account, device, or other identifiable record.

Future Opti-mized Applications, Products, and Services

This Privacy Policy also applies to future Opti-mized websites, software applications, mobile applications, platform features, hardware products, reporting tools, digital services, analytics services, customer portals, integrations, and other products or services that expressly reference, incorporate, or link to this Privacy Policy.

Opti-mized may continue to develop and expand its products and services over time. New functionality may involve new ways of collecting, processing, analyzing, presenting, or using information.

Where appropriate, this Privacy Policy may be updated to reflect material changes to our products, services, information practices, technologies, legal requirements, or business operations.

The inclusion of future services within the scope of this Privacy Policy does not mean that every future Opti-mized product will necessarily be governed by this Privacy Policy. Certain products, jurisdictions, services, or business relationships may be governed by supplemental privacy notices, contractual terms, or separate privacy policies where appropriate.

Interactions Across Multiple Opti-mized Services

A customer or user may interact with Opti-mized through more than one of the channels described above.

For example, a prospective customer may first visit our website, request a demonstration, submit facility information, receive a quotation, purchase hardware, create an account, upload panel photographs, install Opti-mized hardware, use the platform, receive Facility Intelligence Reports, and contact our support team.

Where reasonably necessary to provide, administer, secure, improve, or support our services, information collected through these different interactions may be associated with the same customer, organization, account, facility, project, device, or user record.

This allows Opti-mized to provide a more complete and consistent service experience, maintain accurate records, respond to customer requests, support facility configurations, maintain account security, manage transactions, troubleshoot issues, and provide relevant platform functionality.

Third-Party Websites and Services

Opti-mized services may contain links to, integrate with, communicate with, or otherwise make use of third-party websites, software, applications, payment processors, cloud providers, communications providers, analytics providers, authentication providers, delivery providers, customer support systems, mapping services, utility data services, contractors, or other external services.

This Privacy Policy generally applies to information processed by Opti-mized. It does not automatically apply to the independent information practices of third parties.

Where you provide information directly to a third party, access a third-party website or service, use a third-party account, or authorize a third-party integration, the collection, use, storage, disclosure, and protection of information by that third party may be governed by the third party's own terms, privacy policy, contracts, and information-handling practices.

For example, if a payment transaction is processed through an independent payment processor, the payment processor may collect and process certain payment information according to its own privacy policy and legal obligations.

Similarly, if you access Opti-mized through a third-party link, integration, authentication service, application, browser extension, telecommunications provider, or other external service, information processed independently by that third party may fall outside the scope of this Privacy Policy.

Opti-mized does not control the privacy practices of independent third parties solely because our services link to, integrate with, or rely on their services.

We encourage users to review the privacy policies and terms of third-party services where appropriate before providing information to or through those services.

Third-Party Integrations Authorized by Customers

Certain Opti-mized services may permit customers to connect or integrate external applications, systems, platforms, data sources, utility services, software tools, or other third-party services.

Where a customer elects to enable such an integration, Opti-mized may receive information from or transmit information to the third-party service as necessary to provide the integration.

The types of information exchanged will depend on the nature of the integration, the permissions granted by the customer, and the functionality being used.

Customers are responsible for evaluating third-party integrations they choose to enable and for ensuring they have appropriate authority to direct Opti-mized to exchange information with those services.

The third party's independent handling of information remains subject to its own privacy practices.

Customer-Controlled Information and Authorized Users

Certain information processed through Opti-mized may be provided, configured, controlled, or made available by a customer organization.

For example, a customer may determine which employees or contractors receive access to a facility account, which users receive reports, which equipment names are entered into the platform, what photographs are uploaded, which notification recipients are configured, or which third-party integrations are enabled.

Where Opti-mized processes information at the direction of a customer organization, certain privacy requests or questions relating to that information may need to be addressed initially to the applicable organization.

Nothing in this section is intended to alter the rights, responsibilities, or obligations established under applicable law or under agreements between Opti-mized and its customers.

Information Outside the Scope of This Privacy Policy

This Privacy Policy does not necessarily govern every piece of information that Opti-mized may encounter.

For example, information may fall outside the scope of this Privacy Policy where it has been aggregated, anonymized, de-identified, or otherwise processed so that it can no longer reasonably be associated with an identifiable individual, where permitted by applicable law.

Information relating exclusively to businesses, equipment, facilities, electrical systems, or other non-personal matters may also fall outside the legal definition of personal information in certain jurisdictions, although Opti-mized may nevertheless protect such information in accordance with contractual obligations, security practices, confidentiality requirements, and internal policies.

This Privacy Policy also does not replace any confidentiality obligations, data-processing terms, customer agreements, service agreements, employment policies, contractor agreements, nondisclosure agreements, or other contractual terms that may apply to specific information or relationships.

Where another agreement between Opti-mized and a customer establishes additional or more specific obligations regarding information, that agreement may apply in addition to this Privacy Policy.

Application of This Privacy Policy

The inclusion of a category, technology, service, or type of information in this Privacy Policy does not mean that Opti-mized necessarily collects that information from every individual, customer, user, or facility.

The specific information we collect and the purposes for which it is processed depend on factors such as the services being used, the customer's configuration, the products installed, the nature of the relationship with Opti-mized, the jurisdiction involved, the permissions provided, and the actions taken by the user.

References in this Privacy Policy to particular information practices are intended to describe practices that may occur where relevant and are not intended to imply that every practice applies in every circumstance.

This Privacy Policy should therefore be read together with any additional notices, disclosures, agreements, consent mechanisms, platform notices, or contractual terms that may be presented in connection with a specific Opti-mized product, service, transaction, or relationship.

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02

Information We Collect

In short: We may handle information about users, organizations, facilities, electrical systems and equipment, plus energy data from connected hardware, results of our analysis, files, usage, purchases and communications. What applies depends on your situation.

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The information we collect, receive, generate, derive, access, store, or otherwise process depends on the nature of your relationship with Opti-mized, the products and services you use, the features you access, the configuration of your organization or facility, the hardware installed at a facility, the information you choose to provide, and the manner in which you interact with our website, platform, personnel, products, and services.

Different users and customers may therefore provide or generate different categories and amounts of information.

For example, a person who only visits the Opti-mized website may provide relatively limited information, while a customer that purchases and deploys Opti-mized hardware throughout a facility may provide substantially more facility, equipment, electrical, operational, configuration, and account information.

Similarly, an authorized user who accesses a dashboard may generate account and platform-usage information, while a facility representative who submits electrical panel photographs may provide facility configuration information without necessarily becoming a regular platform user.

The categories described below are intended to explain the types of information that Opti-mized may collect or process where relevant. The inclusion of a category in this Privacy Policy does not mean that Opti-mized necessarily collects that category of information from every individual, organization, facility, customer, device, or user.

Information processed by Opti-mized may include information you provide directly to us, information provided to us by your organization or another authorized party, information collected automatically through our websites or services, information transmitted by Opti-mized hardware, information received through authorized third-party integrations, and information generated or derived through analysis of other information.

Some information processed through Opti-mized relates primarily to buildings, electrical systems, circuits, equipment, devices, or facility operations rather than identifiable individuals. Depending on applicable law and the circumstances, such information may not constitute personal information. However, Opti-mized may nevertheless protect facility, operational, equipment, and customer information through the administrative, technical, contractual, and organizational safeguards described in this Privacy Policy and in applicable customer agreements.

Account and Contact Information

We may collect information that identifies, describes, or enables us to communicate with an individual who interacts with Opti-mized.

This information may be provided when you create an account, request a demonstration, request a quotation, submit a facility setup form, purchase products or services, communicate with our team, request support, subscribe to communications, participate in a project, or otherwise interact with Opti-mized.

Account and contact information may include:

  • Name
  • First and last name
  • Business email address
  • Other email address provided to us
  • Telephone number
  • Mobile telephone number
  • Company name
  • Municipality name
  • Government organization name
  • Institutional organization name
  • Employer
  • Department
  • Division
  • Job title
  • Professional role
  • Facility role
  • Project role
  • Business address
  • Mailing address
  • Facility address
  • Billing address
  • Shipping address
  • Country, province, state, region, or municipality
  • Username
  • User ID
  • Account number
  • Customer identifier
  • Organization identifier
  • Facility identifier
  • Project identifier
  • Reference code
  • Account status
  • User permissions
  • User role
  • Administrative permissions
  • Organization affiliation
  • Facility access permissions
  • Communication preferences
  • Notification preferences
  • Language preferences, where supported
  • Login information
  • Authentication information
  • Password-related information in protected or hashed form, where applicable
  • Single sign-on or authentication identifiers, where supported
  • Multi-factor authentication information, where supported
  • Account recovery information
  • Date an account was created
  • Date an account was modified
  • Date of last login
  • Account activity
  • Records relating to account access
  • Records relating to account suspension, termination, or reactivation

We may use account and contact information to create and administer accounts, authenticate users, control access to facilities and platform functionality, communicate with users, deliver reports and notifications, provide customer service, maintain security, manage business relationships, and provide requested products and services.

Where Opti-mized services are purchased or administered by an organization, that organization may provide us with information about individuals who are authorized to access its account or facilities.

For example, a municipality may provide the name and business email address of a facilities manager, administrator, finance representative, contractor, consultant, or other employee who should receive access to the Opti-mized platform.

In those circumstances, we may receive account or contact information from the organization rather than directly from the individual.

Customer and Organization Information

In addition to information about individual users, we may collect information concerning the organization that purchases, evaluates, administers, owns, operates, finances, or otherwise uses Opti-mized products or services.

This may include:

  • Organization name
  • Business name
  • Municipality name
  • Government entity name
  • Institution name
  • Organization type
  • Industry or sector
  • Department or division
  • Business address
  • Mailing address
  • Billing address
  • Shipping address
  • Website
  • Business telephone number
  • Tax-related information
  • Purchase-order information
  • Procurement information
  • Vendor registration information
  • Customer number
  • Account number
  • Contract number
  • Project number
  • Grant or funding reference information
  • Billing contacts
  • Technical contacts
  • Facility contacts
  • Administrative contacts
  • Procurement contacts
  • Authorized signatories
  • Customer representatives
  • Contract status
  • Subscription or service status
  • Products or services purchased
  • Facilities associated with the organization
  • User accounts associated with the organization
  • Support history
  • Commercial communications
  • Project communications
  • Project schedules
  • Customer preferences
  • Service requirements
  • Deployment requirements

Much of this information relates to an organization rather than an individual. However, where organization information identifies or is associated with a specific person, it may constitute personal information under applicable law.

Facility Information

We may collect information about a facility in order to evaluate, recommend, design, configure, deploy, operate, maintain, analyze, support, or improve Opti-mized products and services.

Facility information may be provided directly by a customer or authorized representative, obtained through facility setup forms, collected during installation or commissioning, derived from photographs and documents, entered into the Opti-mized platform, received through authorized integrations, or generated through use of Opti-mized products and services.

Facility information may include:

  • Facility name
  • Facility address
  • Site address
  • Facility identifier
  • Building identifier
  • Facility type
  • Building type
  • Facility use
  • Building use
  • Approximate square footage
  • Gross floor area
  • Conditioned floor area
  • Number of buildings
  • Number of floors
  • Number of operational areas
  • Number of electrical rooms
  • Facility age, where provided
  • Facility operating schedule
  • Opening and closing hours
  • Daily operating hours
  • Weekly operating schedule
  • Seasonal operating schedule
  • Holiday operating schedule
  • Occupancy schedules, where provided
  • Approximate occupancy information, where relevant
  • Facility operating characteristics
  • Facility operating constraints
  • Facility functions
  • Facility processes
  • Seasonal operating conditions
  • Existing building systems
  • Mechanical systems
  • Electrical systems
  • Lighting systems
  • Heating systems
  • Cooling systems
  • Ventilation systems
  • Pumps
  • Motors
  • Fans
  • Compressors
  • Refrigeration equipment
  • Process equipment
  • Plug loads
  • Specialized equipment
  • Electrical panels
  • Distribution panels
  • Main distribution panels
  • Subpanels
  • Motor control centres
  • MCCs
  • Switchgear
  • Transformers
  • Electrical distribution equipment
  • Breakers
  • Feeder information
  • Circuits
  • Panel and circuit layouts
  • Panel schedules
  • Breaker schedules
  • Circuit schedules
  • Circuit identifiers
  • Circuit names
  • Equipment identifiers
  • Equipment names
  • Equipment categories
  • Equipment types
  • Equipment quantities
  • Approximate circuit quantities
  • Approximate equipment quantities
  • Electrical service information
  • Voltage information
  • Phase information
  • Panel ratings
  • Breaker ratings
  • Current-transformer requirements
  • Electrical configuration information
  • Existing meter information
  • Communications infrastructure
  • Network availability
  • Wi-Fi availability
  • Ethernet availability
  • Cellular connectivity requirements
  • Gateway placement information
  • Installation requirements
  • Installation constraints
  • Accessibility information relating to equipment locations
  • Information regarding electrical rooms or equipment locations
  • Utility provider information
  • Electricity account information
  • Electricity consumption information
  • Utility billing information
  • Utility bills
  • Demand information
  • Electricity rates
  • Tariffs
  • Rate structures
  • Historical utility information
  • Heating-fuel information where relevant
  • Water information where relevant to a project
  • Facility energy costs
  • Existing energy projects
  • Proposed retrofit projects
  • Planned capital projects
  • Facility objectives
  • Energy-reduction objectives
  • Operational objectives
  • Sustainability objectives
  • Performance objectives
  • Cost-reduction objectives
  • Decarbonization objectives
  • Project goals
  • Customer priorities
  • Operational concerns
  • Known equipment issues
  • Known energy concerns
  • Planned facility changes
  • Other information provided to help us understand the facility

Facility information may be used to determine the appropriate number and type of Opti-mized sensors, gateways, CT hubs, or other hardware; determine installation requirements; organize a facility within the platform; associate circuits with equipment; understand operating context; conduct analysis; prepare reports; identify opportunities; provide technical support; or improve the accuracy and usefulness of Opti-mized services.

Some facility information may relate exclusively to a building, piece of equipment, electrical system, utility account, or commercial operation and may not identify an individual.

Where facility information does not relate to an identifiable person, it may not constitute personal information under applicable privacy laws.

We may nevertheless treat customer facility information as confidential or otherwise protected information in accordance with applicable agreements, internal practices, and security controls.

Facility Configuration and Mapping Information

Opti-mized may collect or generate detailed information regarding how a facility is organized within the Opti-mized system.

This may include information used to connect electrical measurements with the corresponding physical equipment, circuits, systems, areas, panels, or facility functions.

Facility configuration information may include:

  • Facility hierarchy
  • Building hierarchy
  • Electrical-panel hierarchy
  • MCC hierarchy
  • Switchgear hierarchy
  • Circuit assignments
  • Circuit-to-equipment relationships
  • Sensor-to-circuit relationships
  • Gateway-to-device relationships
  • Equipment-to-location relationships
  • Circuit names
  • Circuit descriptions
  • Equipment names
  • Equipment descriptions
  • Equipment categories
  • Equipment groups
  • Panel names
  • Panel identifiers
  • Breaker numbers
  • Circuit positions
  • Metering points
  • Measurement-point identifiers
  • Hardware associations
  • Device associations
  • Installation notes
  • Configuration notes
  • Commissioning information
  • Equipment classifications
  • User-created labels
  • Customer-created labels
  • Facility zones
  • Building areas
  • Departments
  • Operational areas
  • System groups
  • Custom fields
  • Customer-defined descriptions

This information allows us to organize raw electrical and sensor measurements into meaningful facility and equipment information.

Electrical Equipment Information

We may collect information about equipment installed or operated at a customer facility.

Equipment information may include:

  • Equipment name
  • Equipment category
  • Equipment type
  • Manufacturer
  • Model
  • Serial number
  • Nameplate information
  • Rated capacity
  • Voltage rating
  • Current rating
  • Power rating
  • Horsepower
  • Equipment age where provided
  • Installation date where provided
  • Location
  • Serving area
  • Operating schedule
  • Expected runtime
  • Typical operating characteristics
  • Equipment status
  • Maintenance information where provided
  • Replacement information where provided
  • Equipment condition observations
  • Equipment identifiers
  • Asset numbers
  • Circuit association
  • Panel association
  • MCC association
  • Switchgear association
  • System association
  • Equipment photographs
  • Equipment notes
  • Customer comments
  • Installation notes
  • Configuration information
  • Operating characteristics derived through analysis

Where equipment information is associated with an employee name, technician name, operator name, or other identifiable individual, the associated portion may constitute personal information.

Photos and Images

You, your organization, an authorized representative, installer, contractor, consultant, or other authorized party may provide photographs or images to Opti-mized.

Photographs may be submitted through facility setup forms, the Opti-mized platform, email, customer support channels, installation processes, project communications, or other authorized methods.

When you upload electrical panel photos through a saved link, one consent covers three uses: preparing your quote, setting up your dashboard, and follow-up that may include anonymized marketing. The photos are stored for that facility record. They are not published as public website files. You can ask us to delete them.

Photographs may include:

  • Electrical panel photographs
  • Panel directory photographs
  • Breaker photographs
  • MCC photographs
  • Motor control centre photographs
  • Switchgear photographs
  • Transformer photographs
  • Gateway photographs
  • Sensor installation photographs
  • CT installation photographs
  • Electrical-room photographs
  • Equipment photographs
  • Mechanical-equipment photographs
  • HVAC equipment photographs
  • Pump photographs
  • Motor photographs
  • Lighting-equipment photographs
  • Facility photographs
  • Building photographs
  • Nameplate photographs
  • Equipment-label photographs
  • Manufacturer-label photographs
  • Serial-number photographs
  • Electrical schedule photographs
  • Panel schedule photographs
  • Wiring-related photographs
  • Installation-condition photographs
  • Communications-equipment photographs
  • Network-equipment photographs
  • Troubleshooting photographs
  • Commissioning photographs
  • Photographs submitted as part of customer support

Photographs are generally requested for purposes such as understanding a facility's electrical configuration, determining hardware requirements, identifying equipment, assisting installation, matching circuits with equipment, preparing deployment recommendations, organizing facility records, assisting commissioning, diagnosing technical issues, or configuring the Opti-mized platform.

Photographs may incidentally capture information that is not specifically requested by Opti-mized.

For example, an electrical-room photograph could contain employee names written on a panel schedule, building signage, asset numbers, facility addresses, documents posted on walls, computer screens, license plates, personal belongings, or individuals in the background.

Users should avoid intentionally submitting unnecessary personal, confidential, privileged, or sensitive information in photographs where that information is not required for the applicable purpose.

Opti-mized may review photographs manually, through software-assisted processes, or through automated technologies for purposes such as identifying equipment, reading labels, organizing records, supporting facility configuration, or providing requested services.

Customers, users, facility representatives, consultants, contractors, or other authorized parties may provide documents and files to Opti-mized.

Documents may include:

  • Utility bills
  • Electricity bills
  • Natural-gas bills
  • Heating bills
  • Water bills
  • Utility consumption records
  • Interval data
  • Utility account summaries
  • Panel schedules
  • Electrical schedules
  • Equipment schedules
  • Asset lists
  • Facility lists
  • Floor plans
  • Electrical drawings
  • Single-line diagrams
  • Mechanical drawings
  • Equipment specifications
  • Equipment cut sheets
  • Equipment inventories
  • Maintenance information
  • Operating schedules
  • Capital plans
  • Retrofit information
  • Energy-audit information
  • Energy-model information
  • Facility reports
  • Engineering or technical reports
  • Project documents
  • Procurement documents
  • Purchase orders
  • Quotations
  • Contracts
  • Invoices
  • Grant-related documents
  • Funding documents
  • Customer spreadsheets
  • Facility spreadsheets
  • Installation documents
  • Commissioning records
  • Screenshots
  • Support documents
  • Other supporting facility documentation

Documents and Files

Documents may contain information about facilities, organizations, accounts, equipment, utilities, projects, employees, representatives, or other individuals.

We process information contained in these documents where reasonably necessary to provide the requested products or services.

Utility Information

Where customers provide utility information, or authorize us to receive it, we may collect information relating to facility utility accounts and historical utility consumption.

This may include:

  • Utility provider
  • Utility account number
  • Meter number
  • Service address
  • Billing period
  • Billing date
  • Electricity consumption
  • Peak demand
  • Demand charges
  • Energy charges
  • Fixed charges
  • Taxes
  • Fees
  • Rate classification
  • Rate schedule
  • Tariff information
  • Historical consumption
  • Historical cost
  • Seasonal usage
  • Interval consumption information where available
  • Natural-gas consumption where relevant
  • Heating-fuel consumption where relevant
  • Water or sewer consumption where relevant to a project
  • Credits
  • Adjustments
  • Billing history
  • Account status
  • Utility contact information
  • Other information contained on a utility bill

Utility bills may incidentally contain the name, mailing address, account number, customer number, or contact information of an account holder.

We use utility information for purposes such as establishing historical baselines, understanding facility performance, comparing measured information with billed consumption, analyzing demand, estimating savings, supporting energy models, calculating financial opportunities, preparing reports, and evaluating facility performance.

Energy and Electrical Data

When Opti-mized hardware, sensors, gateways, meters, or other connected equipment are installed or connected, our products may automatically collect, transmit, receive, store, or process information concerning the electrical operation of a facility, circuit, system, or piece of equipment.

This information may be collected continuously, periodically, or in response to particular system events, depending on system configuration and service functionality.

Energy and electrical information may include:

  • Electrical current
  • Electrical voltage
  • Current measurements
  • Voltage measurements
  • Power
  • Active power
  • Reactive power where supported
  • Apparent power where supported
  • Energy consumption
  • Circuit-level energy consumption
  • Circuit-level electrical usage
  • Equipment-level electrical usage
  • Electrical load
  • Load magnitude
  • Load profile
  • Load shape
  • Load duration
  • Demand
  • Peak demand
  • Demand contribution
  • Power fluctuations
  • Electrical patterns
  • Equipment runtime
  • Equipment start times
  • Equipment stop times
  • Equipment operating periods
  • Equipment cycling
  • Cycling frequency
  • Equipment activation
  • Equipment deactivation
  • Equipment operating duration
  • Equipment operating frequency
  • Continuous load
  • Baseload
  • Idle load
  • Standby load
  • After-hours operation
  • Off-hours operation
  • On-hours operation
  • Historical electrical usage
  • Historical load information
  • Time-series information
  • Timestamp information
  • Date information
  • Time information
  • Frequency of measurements
  • Changes in electrical behaviour
  • Changes in load behaviour
  • Changes in equipment operation
  • Electrical events
  • Sensor measurements
  • Calculated electrical measurements
  • Derived electrical values
  • Measurement quality information
  • Circuit identifiers
  • Equipment identifiers
  • Panel identifiers
  • Hardware identifiers
  • Gateway identifiers
  • Sensor identifiers
  • CT identifiers
  • Device status
  • Gateway status
  • Sensor status
  • Connectivity status
  • Communications status
  • Device health information
  • Diagnostic information
  • Firmware information
  • Data-transmission status
  • Measurement status
  • Installation configuration
  • Device configuration
  • Measurement-channel information

We refer to this information collectively in this Privacy Policy as “Energy and Operational Data.”

Energy and Operational Data is primarily intended to describe the behaviour and operation of electrical systems, circuits, equipment, and facilities.

Opti-mized does not generally deploy its electrical measurement systems for the purpose of identifying the personal activities of individual people.

However, because patterns of facility operation may sometimes correspond with periods of occupancy, business activity, equipment use, or other operational events, Energy and Operational Data may in some circumstances indirectly reveal information about activities occurring within a facility.

For example, electrical information may indicate that particular equipment generally begins operating at a certain time, that a facility experiences reduced activity on weekends, or that certain electrical loads remain active after scheduled operating hours.

Whether such information constitutes personal information depends on applicable law, the context in which the data is used, and whether it can reasonably be associated with an identifiable individual.

High-Frequency and Time-Series Measurements

Certain Opti-mized products may collect electrical or equipment-related measurements at relatively frequent intervals in order to understand equipment behaviour and facility performance.

High-frequency or time-series measurements may allow Opti-mized to evaluate patterns that would not be visible from monthly utility bills alone.

These measurements may be used to understand matters such as:

  • When equipment starts
  • When equipment stops
  • How long equipment operates
  • How frequently equipment cycles
  • Whether operating patterns are changing
  • Whether equipment operates outside expected schedules
  • How much electrical load equipment contributes
  • Whether a particular circuit contributes to peak demand
  • Whether a facility maintains an unusually high baseload
  • Whether equipment usage changes over time
  • Whether operating behaviour differs between weekdays and weekends
  • Whether operating behaviour varies seasonally
  • Whether equipment performance is consistent with established baselines

The frequency and granularity of information collected may vary depending on hardware type, system configuration, firmware, technical requirements, and services enabled for a particular customer.

Operational Context Information

Electrical measurements alone may not always provide sufficient context to understand facility behaviour.

Customers may therefore provide, or Opti-mized may generate or receive, contextual information that allows electrical information to be interpreted more meaningfully.

Operational context information may include:

  • Facility hours
  • Equipment schedules
  • Production schedules
  • Occupancy schedules
  • Opening and closing times
  • Weekend schedules
  • Holiday schedules
  • Seasonal schedules
  • Expected equipment operation
  • Facility shutdown periods
  • Maintenance periods
  • Operational changes
  • Special events
  • Weather information
  • Outdoor temperature information
  • Environmental conditions
  • Heating or cooling periods
  • Customer-defined operating rules
  • Equipment-control strategies
  • Known operational exceptions
  • Facility operating notes

Where applicable, we may combine such contextual information with Energy and Operational Data in order to identify patterns, calculate opportunities, or provide Facility Intelligence Data.

Facility Intelligence Data

Opti-mized may analyze information collected or received from a facility in order to generate additional information, calculations, classifications, estimates, comparisons, predictions, observations, recommendations, alerts, or other analytical outputs.

This may involve analysis of Energy and Operational Data together with facility information, utility information, operating schedules, weather information, equipment information, historical information, customer-provided information, and other relevant contextual information.

Facility Intelligence Data may include:

  • Equipment operating patterns
  • Circuit operating patterns
  • Facility operating patterns
  • Equipment baselines
  • Circuit baselines
  • Facility baselines
  • Expected equipment behaviour
  • Expected facility behaviour
  • Runtime calculations
  • Runtime analysis
  • Operating-hour analysis
  • Cycling analysis
  • Cycling frequency
  • Start and stop analysis
  • Load analysis
  • Demand analysis
  • Peak-demand analysis
  • Peak-demand contribution
  • Baseload analysis
  • Continuous-load analysis
  • Idle-load analysis
  • Standby-load analysis
  • On-hours usage analysis
  • Off-hours usage analysis
  • After-hours usage analysis
  • Weather correlation
  • Environmental correlation
  • Environmental mismatch observations
  • Schedule mismatch observations
  • Anomaly detection
  • Behavioural changes
  • Deviations from historical patterns
  • Deviations from expected baselines
  • Unusual operating conditions
  • Potential operational issues
  • Potential equipment issues
  • Potential energy-loss opportunities
  • Energy-loss classifications
  • Detected areas of potential savings
  • Estimated electricity reduction
  • Estimated demand reduction
  • Estimated energy savings
  • Estimated financial savings
  • Estimated annual savings
  • Estimated monthly savings
  • Estimated avoided cost
  • Savings ranges
  • Cost calculations
  • Utility-rate calculations
  • Retrofit calculations
  • Retrofit simulations
  • Scenario calculations
  • Return-on-investment calculations
  • Simple payback calculations
  • Estimated payback periods
  • Prioritization scores
  • Opportunity rankings
  • Equipment rankings
  • Facility rankings
  • Operational recommendations
  • Energy-management recommendations
  • Retrofit recommendations
  • Data-backed retrofit assessments
  • Potential maintenance indicators
  • Predictive-maintenance indicators
  • Preventative-maintenance indicators
  • Equipment deterioration indicators
  • Changes in equipment electrical signatures
  • Facility performance insights
  • Equipment performance insights
  • Equipment classifications
  • Circuit classifications
  • Equipment-to-circuit associations
  • Detected events
  • Alerts
  • Notifications
  • Findings
  • Observations
  • Calculated metrics
  • Derived metrics
  • Trend information
  • Benchmark information
  • Comparative information
  • Facility summaries
  • Equipment summaries
  • Savings summaries
  • Facility Intelligence Reports
  • Energy reports
  • Operational reports
  • Equipment reports
  • Executive summaries
  • Dashboard information
  • Charts
  • Graphs
  • Tables
  • Visualizations
  • Other facility intelligence generated from collected information

We refer to this information collectively as “Facility Intelligence Data.”

Facility Intelligence Data may be generated automatically, manually, or through a combination of automated analysis, software calculations, algorithms, analytics, customer-provided context, and professional or technical review.

Not every observation, estimate, calculation, alert, classification, or recommendation will be available for every facility or customer.

The specific Facility Intelligence Data generated depends on available measurements, hardware configuration, data quality, equipment characteristics, facility information, customer settings, and enabled services.

Derived and Inferred Information

Some information used by Opti-mized is not directly provided by a customer and is not itself a raw sensor measurement.

Instead, we may derive, calculate, estimate, classify, infer, or otherwise generate information from other information available to us.

For example, we may use electrical measurements to estimate equipment runtime, compare operation against a known schedule, identify repeated operating patterns, calculate estimated costs, establish a baseline, or identify a potential energy-loss opportunity.

Derived information may include:

  • Calculated runtime
  • Estimated runtime
  • Operating-state classifications
  • Equipment-state estimates
  • Expected baselines
  • Usage patterns
  • Behavioural patterns
  • Equipment classifications
  • Circuit classifications
  • Equipment correlations
  • Operational trends
  • Comparative performance
  • Savings estimates
  • Cost estimates
  • Demand estimates
  • Retrofit estimates
  • Efficiency opportunities
  • Performance indicators
  • Anomaly indicators
  • Maintenance indicators
  • Risk indicators
  • Priority rankings
  • Confidence indicators where supported
  • Analytical summaries

Derived information should generally be understood as analytical information based on available data, assumptions, calculations, and system functionality and may not represent a direct physical measurement in every instance.

Reports and Analytical Outputs

We may collect, generate, store, or maintain information included in reports created through or in connection with Opti-mized.

These may include:

  • Facility Intelligence Reports
  • Equipment reports
  • Energy reports
  • Opportunity reports
  • Savings reports
  • Facility summaries
  • Operational summaries
  • Energy-loss summaries
  • Performance reports
  • Dashboard exports
  • PDF reports
  • Data exports
  • Charts
  • Graphs
  • Tables
  • Screenshots
  • Findings
  • Recommendations
  • Calculations
  • Supporting notes
  • Customer-provided comments
  • Facility photographs
  • Equipment photographs
  • Equipment descriptions
  • Utility information
  • Project information

Reports may be retained within the Opti-mized platform, provided electronically to customers, downloaded by authorized users, or otherwise distributed as permitted by the applicable customer relationship.

Hardware and Device Information

Opti-mized may collect information relating to hardware that is manufactured, supplied, configured, installed, connected, or supported as part of our services.

This may include:

  • Hardware model
  • Hardware type
  • Device serial number
  • Gateway identifier
  • Sensor identifier
  • CT identifier
  • Hub identifier
  • Device ID
  • Communications-module identifier
  • Firmware version
  • Software version
  • Hardware version
  • Device configuration
  • Sensor configuration
  • Gateway configuration
  • Communication settings
  • Measurement settings
  • Installation information
  • Commissioning information
  • Date of activation
  • Date of installation
  • Last communication time
  • Device uptime
  • Connectivity status
  • Network status
  • Signal quality
  • Connection type
  • Wi-Fi connection information where necessary for configuration
  • Ethernet status
  • Cellular status
  • IP-related network information
  • Cloud connectivity status
  • Message-delivery information
  • Data-transmission status
  • Device health
  • Hardware errors
  • Gateway errors
  • Sensor errors
  • Diagnostic logs
  • Fault information
  • Reconnection events
  • Restart events
  • Firmware-update status
  • Over-the-air update information
  • Configuration history
  • Device replacement history
  • Warranty information
  • Support history
  • Troubleshooting information

This information helps us install, configure, maintain, monitor, secure, troubleshoot, update, and support connected Opti-mized devices.

Device and Technical Information

When you access the Opti-mized website, platform, dashboard, applications, or related online services, we may automatically collect certain technical information about your device, browser, network connection, and interaction with our systems.

This may include:

  • Internet Protocol address
  • IP address
  • Approximate geographic location derived from IP address
  • Browser type
  • Browser version
  • Device type
  • Computer type
  • Mobile-device type
  • Operating system
  • Operating-system version
  • Device identifiers
  • Browser identifiers
  • Session identifiers
  • Cookie identifiers
  • Application identifiers
  • Network information
  • Internet service provider information where available
  • Referral URL
  • Referring website
  • Landing page
  • Pages viewed
  • Features accessed
  • Dashboard activity
  • Buttons selected
  • Forms accessed
  • Form interactions
  • Navigation activity
  • Session start time
  • Session duration
  • Session end time
  • Date and time of access
  • Time zone
  • Login activity
  • Login attempts
  • Successful logins
  • Failed login attempts
  • Logout activity
  • Authentication activity
  • Account-access history
  • Platform usage
  • Application usage
  • Feature usage
  • Report access
  • Report downloads
  • File uploads
  • Configuration changes
  • User-setting changes
  • Notification-setting changes
  • Error logs
  • Crash information
  • Diagnostic information
  • Performance information
  • System-response information
  • Security events
  • Suspicious activity indicators
  • Access-control events
  • Device and browser security information
  • Other technical information necessary to operate and secure our services

Technical information may be collected through server logs, application logs, cookies, analytics technologies, authentication systems, security technologies, or similar mechanisms.

Platform Usage Information

We may collect information regarding how authorized users interact with the Opti-mized platform.

Platform usage information may include:

  • Account login
  • Login date
  • Login time
  • Session duration
  • Facilities viewed
  • Dashboards viewed
  • Equipment records viewed
  • Reports viewed
  • Reports downloaded
  • Filters used
  • Date ranges selected
  • Charts viewed
  • Features accessed
  • Files uploaded
  • Configuration changes
  • Equipment labels created
  • Circuit labels created
  • Notes entered
  • User preferences
  • Notification settings
  • Administrative actions
  • Account-management activity
  • Invitation activity
  • User-permission changes
  • Data-export activity
  • Support-related activity
  • Errors encountered
  • Feature interactions
  • Search activity within the platform
  • Other interactions with platform functionality

We may use this information to provide and improve the platform, understand feature usage, maintain security, troubleshoot issues, support customers, improve usability, and develop new functionality.

Cookies and Similar Technologies

When you use our website or certain online services, we or service providers acting on our behalf may use cookies, pixels, local storage, software development kits, log files, analytics technologies, or similar technologies to collect information about your device or interaction with our services.

Depending on the technologies used, information collected may include:

  • IP address
  • Browser
  • Device
  • Session identifier
  • Cookie identifier
  • Pages visited
  • Referring page
  • Time spent on a page
  • Interactions with website features
  • Navigation paths
  • Approximate location
  • Website performance
  • Error information
  • Marketing attribution information
  • Communication interactions
  • Other technical or usage information

Some technologies may be necessary for security, authentication, account functionality, preferences, or basic operation of our services.

Other technologies may be used for analytics, performance measurement, website improvement, or marketing, where permitted by applicable law.

Additional information regarding cookies and similar technologies may be provided elsewhere in this Privacy Policy or in a separate cookie notice, if applicable.

Security and Authentication Information

We may collect information for purposes of protecting Opti-mized, our users, customers, systems, hardware, infrastructure, and services from unauthorized access, fraud, abuse, cybersecurity threats, or other harmful activity.

Security-related information may include:

  • Login attempts
  • Failed login attempts
  • Authentication information
  • IP addresses
  • Device information
  • Browser information
  • Session identifiers
  • Password reset activity
  • Multi-factor authentication activity
  • Account recovery activity
  • Suspicious access attempts
  • Unusual login activity
  • Access logs
  • Security events
  • User-permission changes
  • Administrative activity
  • Device security information
  • Network-security information
  • Error logs
  • System logs
  • Security alerts
  • Fraud indicators
  • Abuse indicators
  • Incident information
  • Information relating to suspected violations of our terms or security policies

We may also generate security-related inferences or alerts where our systems identify activity that appears unusual, unauthorized, fraudulent, abusive, or potentially harmful.

Transaction and Purchasing Information

When you purchase, order, subscribe to, renew, return, or otherwise acquire Opti-mized products or services, we may collect information relating to that transaction.

Transaction information may include:

  • Purchaser name
  • Organization
  • Billing contact
  • Shipping contact
  • Billing address
  • Shipping address
  • Email address
  • Telephone number
  • Purchase-order number
  • Purchase-order documentation
  • Quote number
  • Invoice number
  • Products ordered
  • Hardware ordered
  • Services ordered
  • Quantities
  • Product configuration
  • Order date
  • Order history
  • Pricing
  • Discounts
  • Taxes
  • Shipping charges
  • Transaction status
  • Payment status
  • Payment date
  • Invoice status
  • Delivery status
  • Shipping tracking information
  • Subscription information
  • Renewal information
  • Cancellation information
  • Refund information
  • Return information
  • Warranty information
  • Tax-exemption information
  • Commercial terms
  • Contract information
  • Related correspondence
  • Other commercial information required to process or administer the transaction

Payments may be processed through independent third-party payment providers, banks, financial institutions, payment gateways, or similar service providers.

Opti-mized does not intend to store complete payment-card or credit-card numbers where payment-card information is processed directly by an independent payment processor.

Where a third-party payment processor handles payment information, the processor may collect payment-card numbers, expiration dates, security codes, banking details, billing information, or other information required to complete a payment.

Opti-mized may receive limited transaction information from the processor, such as confirmation that a payment was successful, the transaction amount, transaction identifier, payment status, billing contact, payment method category, or other limited information needed to administer the transaction.

Information provided directly to a payment processor is subject to that provider's own privacy, security, retention, and data-handling practices.

Billing and Financial Administration Information

In addition to transaction information, we may maintain information required to administer customer accounts and our financial relationship with customers.

This may include:

  • Billing contact information
  • Accounts-payable contact information
  • Invoice records
  • Invoice history
  • Purchase orders
  • Payment status
  • Payment history
  • Outstanding balances
  • Credits
  • Refunds
  • Tax information
  • Tax-exemption certificates
  • Vendor documentation
  • Remittance information
  • Customer accounting references
  • Contract values
  • Subscription information
  • Renewal dates
  • Service periods
  • Commercial correspondence

We may retain certain transaction and financial records for accounting, taxation, audit, compliance, contractual, dispute-resolution, and other legitimate business purposes.

Sales, Demonstration, and Prospective Customer Information

If you contact us regarding potential Opti-mized products or services, request a demonstration, request a quotation, attend a meeting, respond to outreach, participate in a sales discussion, or otherwise express interest in Opti-mized, we may collect information relating to the potential business relationship.

This may include:

  • Name
  • Business email
  • Telephone number
  • Organization
  • Job title
  • Role
  • Facility name
  • Facility location
  • Number of facilities
  • Facility type
  • Approximate facility size
  • Project requirements
  • Business needs
  • Energy-related concerns
  • Deployment goals
  • Purchasing timeline
  • Budget information if voluntarily provided
  • Procurement requirements
  • Funding information
  • Grant information
  • Hardware requirements
  • Requested services
  • Meeting notes
  • Demonstration history
  • Proposal history
  • Quotation history
  • Communications
  • Follow-up activity
  • Customer relationship information

We may retain this information to respond to inquiries, prepare quotations, understand prospective customer requirements, conduct sales activities, manage potential customer relationships, and maintain business records.

Communications

We may collect information contained in communications between you and Opti-mized.

This may occur when you:

  • Contact us
  • Email us
  • Telephone us
  • Request information
  • Request a demonstration
  • Request a quotation
  • Request support
  • Submit a support ticket
  • Complete a form
  • Submit a facility setup
  • Request a Facility Intelligence Report
  • Submit a photograph
  • Submit a document
  • Submit feedback
  • Participate in a survey
  • Respond to a questionnaire
  • Communicate with our sales team
  • Communicate with our technical team
  • Communicate with our customer-support team
  • Communicate with an installer
  • Communicate with a project representative
  • Communicate with us regarding billing
  • Communicate with us regarding a contract
  • Communicate with us regarding a purchase
  • Communicate with us regarding a facility
  • Subscribe to updates
  • Subscribe to marketing communications
  • Respond to a marketing communication
  • Participate in another business interaction with us

Communication information may include:

  • Name
  • Contact information
  • Message content
  • Email correspondence
  • Support requests
  • Questions
  • Feedback
  • Comments
  • Complaints
  • Technical issues
  • Facility information
  • Equipment information
  • Account information
  • Screenshots
  • Photographs
  • Attachments
  • Documents
  • Support notes
  • Internal notes relating to the request
  • Date and time of communications
  • Participants in communications
  • Resolution information
  • Follow-up information

We may retain records of communications where reasonably necessary to respond to requests, provide support, maintain customer histories, resolve disputes, improve services, train personnel, document business transactions, or comply with applicable legal requirements.

Customer Support and Troubleshooting Information

If you contact Opti-mized for technical or customer support, we may collect information needed to diagnose, investigate, reproduce, resolve, or document the issue.

This may include:

  • Account information
  • User information
  • Facility information
  • Equipment information
  • Hardware identifiers
  • Gateway identifiers
  • Device information
  • Sensor information
  • Connectivity information
  • Error messages
  • Error logs
  • Diagnostic information
  • Firmware information
  • Network information
  • Screenshots
  • Photographs
  • Videos provided for troubleshooting
  • Configuration information
  • Platform activity
  • Recent system events
  • Support-ticket information
  • Communications
  • Troubleshooting steps
  • Resolution information
  • Support history

Where necessary and authorized, support personnel may access relevant account, facility, device, or platform information to investigate and resolve a support request.

Installation and Commissioning Information

Where Opti-mized products are installed, configured, commissioned, inspected, or serviced, we may collect information relating to the installation and commissioning process.

This may include:

  • Facility name
  • Facility address
  • Site contact
  • Installation contact
  • Electrical contractor information
  • Installer information
  • Installation date
  • Installation location
  • Electrical-panel information
  • MCC information
  • Switchgear information
  • Circuit information
  • Equipment information
  • Sensor placement
  • CT placement
  • Gateway placement
  • Network configuration
  • Connectivity information
  • Commissioning results
  • Device identifiers
  • Hardware serial numbers
  • Device configuration
  • Installation notes
  • Photographs
  • Troubleshooting information
  • Testing information
  • Verification information
  • Installer comments
  • Customer comments
  • Service records

Some installation records may be retained as part of the ongoing facility configuration to support future troubleshooting, device replacement, maintenance, upgrades, or expansion.

Maintenance and Service Information

We may maintain information relating to servicing, maintaining, replacing, troubleshooting, updating, repairing, or modifying Opti-mized hardware and services.

This may include:

  • Service requests
  • Service dates
  • Device replacement records
  • Hardware replacement records
  • Warranty claims
  • Firmware updates
  • Configuration updates
  • Troubleshooting history
  • Equipment status
  • Gateway status
  • Sensor status
  • Communications status
  • Support records
  • Technician notes
  • Customer communications
  • Diagnostic information
  • Corrective actions
  • Resolution history

Feedback, Surveys, and Research Information

We may collect information when customers, users, prospective customers, or other individuals voluntarily provide feedback or participate in surveys, product research, interviews, testing, or similar activities.

This may include:

  • Responses to surveys
  • Product feedback
  • Feature requests
  • User-experience feedback
  • Customer-satisfaction information
  • Comments
  • Suggestions
  • Interview responses
  • Testing feedback
  • Research responses
  • Voluntarily provided demographic or professional information where appropriate
  • Information about how users interact with our products or services

We may use this information to improve products and services, identify customer needs, prioritize development, improve usability, and evaluate customer satisfaction.

Marketing and Communication Information

If you subscribe to marketing communications, request information, attend an event, receive sales communications, or otherwise interact with promotional content, we may collect information relating to those communications.

This may include:

  • Name
  • Email address
  • Telephone number
  • Organization
  • Job title
  • Area of interest
  • Marketing preferences
  • Subscription status
  • Consent records where required
  • Unsubscribe status
  • Communication history
  • Email-delivery information
  • Email-open information where supported and permitted
  • Link-click information where supported and permitted
  • Campaign information
  • Event participation
  • Demonstration requests
  • Content requests
  • Other interactions with promotional communications

Marketing information may be combined with other business-contact information where permitted by applicable law.

Notification Information

Where users configure alerts or notifications through Opti-mized, we may collect information required to deliver and administer those notifications.

This may include:

  • Notification recipient
  • Email address
  • Telephone number where applicable
  • Notification preference
  • Alert preference
  • Facility association
  • Equipment association
  • Notification threshold
  • Delivery channel
  • Delivery status
  • Notification history
  • Acknowledgement information where supported
  • Notification settings
  • Subscription or unsubscribe information

Notifications may relate to account security, platform status, equipment behaviour, detected conditions, reports, customer support, device connectivity, operational information, or other Opti-mized functionality.

Information from Third Parties

In some circumstances, we may receive information from third parties rather than directly from you.

Depending on the applicable relationship, these third parties may include:

  • Your employer
  • Your organization
  • A municipality
  • A government organization
  • A facility owner
  • A facility operator
  • A property manager
  • A contractor
  • An installer
  • A consultant
  • A project manager
  • A customer administrator
  • An authorized user
  • A utility
  • A service provider
  • A payment processor
  • A shipping provider
  • An integration provider
  • A business partner
  • Another party authorized to provide information to Opti-mized

Information received from third parties may include contact information, facility information, account information, utility information, equipment information, installation information, transaction information, project information, or other information necessary to provide requested services.

Where a customer or other authorized organization provides personal information about another individual, we generally rely on that party to have appropriate authority to provide the information to us.

Information from Authorized Integrations

Customers may choose to connect Opti-mized with external systems, applications, platforms, utility services, software, databases, or other third-party services.

When an integration is authorized, we may receive information from or transmit information to the integrated service as necessary to provide the requested functionality.

Depending on the integration, this may include:

  • Account identifiers
  • Facility identifiers
  • Device identifiers
  • Utility data
  • Energy data
  • Equipment data
  • Operational information
  • Building information
  • Environmental information
  • Weather information
  • User information
  • Authentication tokens or integration credentials in protected form
  • Configuration information
  • Other information authorized by the customer

The particular information exchanged depends on the integration and permissions selected.

Publicly Available and Business Information

In limited circumstances, we may collect publicly available or commercially available business information relevant to our relationship with a prospective or existing customer.

This may include information such as:

  • Organization name
  • Organization address
  • Public facility information
  • Public business telephone number
  • Public employee business contact information
  • Public procurement information
  • Public project information
  • Public grant or funding information
  • Publicly available facility information
  • Other publicly available business information

We may use this information for legitimate business purposes such as identifying potential customers, understanding organizations, responding to procurement opportunities, administering projects, or maintaining accurate business records.

Information About Contractors, Consultants, and Business Partners

Where individuals work with Opti-mized as contractors, consultants, installers, suppliers, vendors, professional advisors, technical partners, or other business partners, we may collect information relating to those business relationships.

This may include:

  • Name
  • Business contact information
  • Company
  • Role
  • Qualifications
  • Project assignment
  • Facility assignment
  • Communications
  • Contract information
  • Invoice information
  • Payment information
  • Work records
  • Scheduling information
  • Access information
  • Project deliverables
  • Technical documentation
  • Other information necessary to administer the relationship

Information Generated Through Use of Our Services

In addition to information that users directly provide, Opti-mized systems may automatically generate records as users, facilities, hardware, and software interact with our services.

Generated information may include:

  • Account activity
  • User activity
  • System events
  • Device events
  • Gateway events
  • Measurement events
  • Facility configuration changes
  • Platform configuration changes
  • Notification events
  • Report-generation events
  • Data-processing events
  • Data-upload events
  • Data-download events
  • Device-connection events
  • Device-disconnection events
  • Firmware-update events
  • Error events
  • Security events
  • System logs
  • Audit logs
  • Diagnostic records
  • Analytics outputs
  • Derived information
  • Facility Intelligence Data

These records may be necessary for functionality, auditing, security, troubleshooting, quality assurance, customer support, and product improvement.

Information We Combine

Where permitted by applicable law and appropriate for the services being provided, Opti-mized may combine information obtained from different sources.

For example, we may combine:

  • Facility information with Energy and Operational Data
  • Utility bills with measured electrical information
  • Equipment information with circuit-level data
  • Operating schedules with equipment runtime
  • Weather information with heating or cooling behaviour
  • Customer-provided equipment names with sensor measurements
  • Facility photographs with facility configuration information
  • Historical data with current measurements
  • Account information with platform activity
  • Hardware identifiers with device diagnostic information
  • Transaction information with customer-account information
  • Support communications with relevant hardware or platform information

Combining information allows us to provide context and transform individual measurements or records into more meaningful facility intelligence.

For example, a raw electrical measurement may provide limited value on its own. When it is associated with a particular circuit, equipment type, operating schedule, utility rate, and historical baseline, it may allow Opti-mized to provide a more useful assessment of how that equipment is operating and whether an opportunity may exist.

Information That May Incidentally Identify Individuals

Opti-mized is primarily designed around facility, equipment, electrical, energy, and operational information rather than consumer profiling or monitoring individual behaviour.

Nevertheless, some information that is primarily related to a facility or organization may incidentally identify an individual.

Examples may include:

  • A person's name appearing on a utility bill
  • A person's name appearing on a panel schedule
  • A facility contact appearing in project documentation
  • An employee visible in a facility photograph
  • An email address included in a support document
  • A technician's name included in installation notes
  • A user's activity associated with an Opti-mized account
  • An individual's business contact information included in a customer record

Where information can reasonably be associated with an identifiable individual, we handle that information as personal information where required by applicable law.

Sensitive Information

Opti-mized products and services are generally not designed to collect highly sensitive categories of personal information that are unrelated to providing our products and services.

We ask users not to intentionally provide unnecessary sensitive personal information through facility photographs, support requests, uploads, free-text fields, or other communications.

For example, users should generally avoid submitting information concerning medical conditions, government identification numbers, financial account credentials, personal passwords, biometric information, or other highly sensitive personal information unless specifically requested by Opti-mized for a legitimate and lawful purpose.

If sensitive information is incidentally provided to us, we may process it as reasonably necessary to address the applicable request, comply with law, protect security, or otherwise fulfill an appropriate business purpose.

Personal Information and Non-Personal Facility Data

A significant portion of the information processed by Opti-mized relates to commercial facilities and physical systems rather than individuals.

Examples may include:

  • Electrical current measurements
  • Circuit loads
  • Equipment runtime
  • Equipment cycling
  • Gateway status
  • Panel configuration
  • Equipment classifications
  • Utility usage associated with a commercial facility
  • Equipment photographs
  • Electrical drawings
  • Facility operating schedules
  • Equipment energy consumption
  • Demand profiles
  • Savings calculations
  • Equipment-performance trends

Depending on applicable privacy law and the specific circumstances, this information may not constitute personal information because it does not identify or relate to an identifiable individual.

However, the fact that certain information may not legally constitute personal information does not mean that Opti-mized treats customer facility data as unrestricted public information.

Customer facility information may remain subject to contractual confidentiality obligations, security controls, customer agreements, internal policies, intellectual-property protections, or other safeguards.

Aggregated and De-Identified Information

Where permitted by applicable law, Opti-mized may generate aggregated, statistical, anonymized, or de-identified information from information collected through our products and services.

For example, information may be combined across multiple devices, equipment types, facilities, customers, time periods, or other categories in a manner intended to prevent the information from reasonably identifying a particular individual.

Aggregated or de-identified information may include:

  • Statistical information
  • Average equipment behaviour
  • Product-performance information
  • System-performance information
  • General usage trends
  • Equipment benchmarks
  • Facility benchmarks
  • Energy-use trends
  • Feature-usage statistics
  • Hardware-performance statistics
  • Diagnostic trends
  • Generalized analytical patterns
  • Product-development information

Where information has been properly aggregated or de-identified so that it no longer constitutes personal information under applicable law, it may not be subject to all provisions that apply specifically to personal information.

Information We Do Not Necessarily Collect

The fact that this Privacy Policy identifies a particular category of information does not mean that Opti-mized collects that information in every situation.

The information collected depends on the products and services being used, customer configuration, hardware configuration, technical functionality, facility requirements, enabled features, legal requirements, and information voluntarily provided to us.

For example:

  • A website visitor may never provide facility information.
  • A prospective customer may never create an Opti-mized account.
  • A customer may purchase services without enabling every platform feature.
  • A facility may not have every type of equipment identified in this Policy.
  • Certain hardware may not collect every type of electrical measurement described above.
  • Certain analytical features may not be enabled for every customer.
  • A customer may not connect third-party integrations.
  • A user may never provide marketing consent.
  • Certain customers may not purchase through our online store.

Accordingly, the categories listed in this Privacy Policy describe information that may be collected where relevant rather than information that is necessarily collected in every instance.

Information You Choose to Provide

In addition to categories specifically requested by Opti-mized, users may voluntarily provide other information through open-text fields, uploaded files, communications, support requests, forms, surveys, notes, or other interactions.

Because we cannot always predict what users may choose to include in these submissions, voluntarily provided information may occasionally include information that is not specifically identified elsewhere in this Privacy Policy.

We will generally use such information in connection with the purpose for which it was provided and otherwise in accordance with this Privacy Policy.

Users should avoid submitting information that is unnecessary for the applicable purpose.

Accuracy of Information

The quality of Opti-mized services may depend in part on the accuracy of information provided to us.

Customers and authorized users are responsible for providing information that is accurate and appropriate to the best of their knowledge and for updating information where reasonably necessary.

For example, inaccurate equipment names, operating schedules, utility rates, circuit assignments, facility information, or configuration information may affect the accuracy or usefulness of analytics, savings calculations, reports, notifications, or other Facility Intelligence Data.

Opti-mized may take reasonable steps to verify, correct, normalize, supplement, or organize information where appropriate, but we cannot guarantee that all customer-provided information is complete or accurate.

Changes to the Information We Collect

The types of information processed by Opti-mized may evolve as we develop new products, hardware, software features, analytics capabilities, integrations, reports, applications, and services.

We may also modify how information is collected as technology, customer requirements, security practices, and legal requirements change.

Where a new product or feature materially changes our privacy practices, we may update this Privacy Policy, provide additional notices, obtain consent where required, or take other steps appropriate under applicable law.

Summary

In general, information processed by Opti-mized may fall into several broad categories:

  • Information about users and customer representatives
  • Information about customers and organizations
  • Information about facilities
  • Information about electrical systems and equipment
  • Photographs, documents, and files
  • Utility and billing information
  • Energy and Operational Data collected through connected hardware
  • Facility Intelligence Data generated through analysis
  • Hardware, device, and technical information
  • Platform and website usage information
  • Transaction and purchasing information
  • Communications and support information
  • Installation and commissioning information
  • Information obtained from authorized third parties or integrations
  • Derived, inferred, calculated, aggregated, and de-identified information
  • Other information voluntarily provided in connection with Opti-mized products and services

The specific categories applicable to any particular customer, individual, user, facility, or interaction will depend on the circumstances and the Opti-mized products and services involved.

Back to contents
03

How We Collect Information

In short: We get information directly from you, including what you enter in the platform, setup forms and photographs you submit, and from other sources such as connected hardware and comparisons with past data.

Read the full sectionHide the full section6 min

Information Generated Through Historical Comparison

Opti-mized may compare current information with historical information in order to understand whether facility or equipment behaviour is changing.

For example, we may compare:

  • Current runtime with historical runtime;
  • Current demand with historical demand;
  • Current cycling with previous cycling;
  • Current energy consumption with historical consumption;
  • Current weekday behaviour with prior weekdays;
  • Current weekend behaviour with previous weekends;
  • Current seasonal performance with prior seasonal performance;
  • Current equipment behaviour with an established baseline.

The results of these comparisons may become part of Facility Intelligence Data.

Opti-mized may collect, receive, generate, derive, access, obtain, record, transmit, store, or otherwise process information through a number of different sources and methods depending on how an individual, customer, organization, facility, device, or authorized user interacts with our products and services.

The method by which information is collected may vary depending on the product or service being used, the configuration of a facility, the hardware installed, the features enabled, the nature of our relationship with the customer, the information voluntarily provided to us, the technologies used to operate our services, and the instructions or permissions provided by the customer or authorized user.

In some circumstances, information is provided directly to Opti-mized by an individual. In other circumstances, information may be provided by a customer's organization, facility representative, contractor, consultant, installer, utility provider, service provider, payment processor, or other authorized third party.

Certain information may also be collected automatically through Opti-mized hardware, gateways, sensors, websites, software applications, platform functionality, server infrastructure, communications systems, analytics technologies, or other technologies used to provide our products and services.

In addition, Opti-mized may generate new information through analysis of information previously collected or received. For example, raw electrical measurements may be analyzed together with operating schedules, equipment information, utility information, environmental conditions, historical performance, and other contextual information in order to generate Facility Intelligence Data.

The following sections describe the primary ways in which Opti-mized may obtain information.

Directly From You

We may collect information directly from you when you voluntarily provide information to Opti-mized.

This may occur through our website, platform, forms, communications, purchasing processes, facility setup processes, support channels, demonstrations, meetings, surveys, reports, installation activities, or other interactions with us.

For example, we may collect information directly from you when you:

  • Visit or interact with the Opti-mized website;
  • Create an Opti-mized user account;
  • Register for access to the Opti-mized platform;
  • Accept an invitation to access an organization or facility;
  • Configure an account;
  • Update your profile;
  • Update your contact information;
  • Select account preferences;
  • Configure notification preferences;
  • Submit a contact form;
  • Request information about Opti-mized;
  • Request a product demonstration;
  • Request a consultation;
  • Request a quotation;
  • Request pricing information;
  • Request a Facility Intelligence Report;
  • Begin a facility setup;
  • Continue or update an existing facility setup;
  • Submit information about a building;
  • Submit information about multiple buildings;
  • Add an electrical panel;
  • Add an MCC;
  • Add switchgear;
  • Add electrical equipment;
  • Add circuits;
  • Identify equipment connected to circuits;
  • Provide operating schedules;
  • Provide equipment schedules;
  • Enter facility operating hours;
  • Provide utility information;
  • Upload utility bills;
  • Upload electrical schedules;
  • Upload panel schedules;
  • Upload equipment schedules;
  • Upload facility documentation;
  • Upload photographs;
  • Upload electrical panel photographs;
  • Upload MCC photographs;
  • Upload switchgear photographs;
  • Upload equipment photographs;
  • Upload facility photographs;
  • Upload nameplate photographs;
  • Provide installation information;
  • Provide network or connectivity information;
  • Submit a purchase order;
  • Purchase products;
  • Purchase services;
  • Subscribe to services;
  • Renew services;
  • Request a return;
  • Submit a warranty request;
  • Provide shipping information;
  • Provide billing information;
  • Contact customer support;
  • Contact technical support;
  • Contact our sales team;
  • Contact our billing team;
  • Communicate with an Opti-mized representative;
  • Participate in a meeting;
  • Participate in an installation or commissioning process;
  • Submit troubleshooting information;
  • Submit screenshots;
  • Submit videos;
  • Submit diagnostic information;
  • Respond to a survey;
  • Provide product feedback;
  • Submit suggestions;
  • Submit feature requests;
  • Participate in research or testing;
  • Subscribe to communications;
  • Subscribe to marketing updates;
  • Register for notifications;
  • Respond to communications;
  • Participate in another interaction with Opti-mized.

The information collected in these circumstances depends on what you choose to provide and the reason for the interaction.

For example, a person requesting a product demonstration may provide only a name, organization, email address, telephone number, facility type, and general description of the facility.

By contrast, a customer configuring a large facility may provide significantly more detailed information about the facility's electrical systems, equipment, panels, MCCs, switchgear, circuits, utility accounts, operating schedules, building characteristics, communications infrastructure, and project objectives.

Information You Enter Into the Opti-mized Platform

We may collect information that you or another authorized user enters directly into the Opti-mized platform.

This may include information entered during initial setup as well as information added, edited, corrected, renamed, categorized, configured, or otherwise maintained during continued use of the platform.

Information entered into the platform may include:

  • Facility names;
  • Facility addresses;
  • Building names;
  • Building descriptions;
  • Facility types;
  • Facility operating hours;
  • Equipment names;
  • Equipment types;
  • Equipment categories;
  • Equipment descriptions;
  • Equipment identifiers;
  • Panel names;
  • Panel numbers;
  • Circuit names;
  • Circuit numbers;
  • Breaker identifiers;
  • MCC information;
  • Switchgear information;
  • Electrical-system information;
  • Equipment-to-circuit relationships;
  • Facility zones;
  • Departments;
  • Building areas;
  • Operating schedules;
  • Expected runtime information;
  • Utility-rate information;
  • Cost information;
  • Equipment notes;
  • Installation notes;
  • Customer-defined labels;
  • Custom descriptions;
  • Configuration information;
  • Alert thresholds;
  • Notification settings;
  • User permissions;
  • Facility access permissions;
  • Comments;
  • Feedback;
  • Other information entered through available platform functionality.

Information entered by one authorized user may, depending on account permissions, be visible to other users associated with the same organization or facility.

Information Submitted Through Facility Setup and Configuration Processes

Opti-mized may provide digital or manual facility setup, planning, configuration, quotation, deployment, or onboarding processes.

During these processes, we may collect information directly from a customer or authorized representative in order to understand the facility and determine the appropriate Opti-mized configuration.

Information may be collected through:

  • Online facility setup forms;
  • Guided configuration tools;
  • Product-selection tools;
  • Hardware-planning tools;
  • Quote-request forms;
  • Pre-order forms;
  • Installation questionnaires;
  • Facility surveys;
  • Customer interviews;
  • Technical calls;
  • Email communications;
  • Spreadsheet templates;
  • Uploaded documents;
  • Photographs;
  • Project documentation;
  • Other setup methods.

The information provided may be used to determine matters such as:

  • The number of electrical panels at a facility;
  • The number of MCCs;
  • The number of switchgear locations;
  • Approximate circuit quantities;
  • Required sensor quantities;
  • Required CT sizes;
  • Appropriate gateway quantities;
  • Communication requirements;
  • Installation requirements;
  • Hardware configuration;
  • Facility hierarchy;
  • Equipment relationships;
  • Estimated project requirements;
  • Appropriate services;
  • Platform configuration.

In some cases, Opti-mized may create an initial facility configuration based on the information submitted and later modify that configuration as additional information becomes available.

Information Submitted Through Photographs and Images

We may collect information from photographs or images that you, your organization, an installer, contractor, consultant, facility representative, or another authorized party provides to us.

Photographs may be submitted through:

  • The Opti-mized website;
  • The Opti-mized platform;
  • A facility setup process;
  • An upload portal;
  • Email;
  • Customer support;
  • Technical support;
  • Installation communications;
  • Commissioning activities;
  • Project communications;
  • Other approved channels.

A photograph may itself constitute information, and it may also contain information that can be read, interpreted, extracted, classified, or associated with a facility.

For example, a photograph of an electrical panel may contain:

  • A panel identifier;
  • Panel rating;
  • Breaker configuration;
  • Breaker quantities;
  • Circuit numbers;
  • Circuit labels;
  • Equipment labels;
  • Voltage information;
  • Manufacturer information;
  • Model information;
  • Nameplate information;
  • Electrical schedules;
  • Handwritten notes;
  • Building or room identifiers.

A photograph of equipment may similarly contain:

  • Equipment manufacturer;
  • Equipment model;
  • Serial number;
  • Electrical rating;
  • Capacity;
  • Equipment type;
  • Equipment location;
  • Equipment condition;
  • Asset identifier;
  • Installation information.

We may review photographs manually or use software-assisted or automated processes to identify, organize, categorize, extract, or verify relevant facility information.

Information identified from a photograph may be associated with an existing facility, panel, circuit, equipment record, customer account, installation record, or project.

Photographs may occasionally include information that was not intentionally submitted, such as individuals in the background, signage, documents, employee names, computer displays, room contents, addresses, serial numbers, or other information visible within the photograph.

We encourage users to avoid including unnecessary personal, confidential, sensitive, or unrelated information when submitting photographs.

Back to contents
04

How We Use Information

In short: We use information to run accounts and the platform, operate hardware, set up and analyze your facility, spot energy loss and savings opportunities, send alerts and reports, support you, keep things secure and meet legal duties.

Read the full sectionHide the full section37 min

To Send Alerts and Operational Notifications

Where enabled, we may use contact and facility information to send alerts concerning:

  • Equipment behaviour;
  • Energy-loss opportunities;
  • Facility conditions;
  • Equipment changes;
  • Device connectivity;
  • Gateway status;
  • Measurement availability;
  • Reports;
  • Other configured events.

Opti-mized may use, process, organize, analyze, combine, review, store, transmit, display, generate, derive, aggregate, de-identify, or otherwise handle information for a variety of purposes related to operating our business, providing our products and services, supporting customers, administering accounts, analyzing facility performance, maintaining connected hardware, generating Facility Intelligence Data, developing and improving our technology, protecting our systems, complying with legal obligations, and carrying out other legitimate business activities.

The particular purposes for which information is used depend on the nature of the information, how the information was collected, the products or services involved, the customer's configuration, the relationship between Opti-mized and the applicable customer or user, the functionality being used, applicable contractual requirements, and applicable law.

Not every use described in this section applies to every category of information, every user, every customer, or every facility.

For example, information collected from a website visitor may primarily be used to operate and improve the website, respond to inquiries, measure website activity, and communicate with the visitor. By contrast, Energy and Operational Data collected from installed Opti-mized hardware may be used to analyze equipment behaviour, identify operating patterns, detect possible energy-loss opportunities, calculate savings, generate alerts, and create Facility Intelligence Data.

Where required by applicable law, we use personal information only where we have an appropriate legal basis, authorization, consent, contractual justification, legitimate business purpose, or other lawful basis for doing so.

The following sections describe the principal ways in which Opti-mized may use information.

To Create and Manage User Accounts

We may use account, identity, contact, organizational, technical, authentication, and related information to create, maintain, administer, secure, update, and manage Opti-mized user accounts.

This may include using information to:

  • Create a new user account;
  • Register a user;
  • Verify account information;
  • Associate a user with an organization;
  • Associate a user with one or more facilities;
  • Associate a user with a customer account;
  • Assign user roles;
  • Assign administrative privileges;
  • Establish account permissions;
  • Limit access to appropriate facilities;
  • Configure user preferences;
  • Configure notification preferences;
  • Maintain contact information;
  • Manage invitations;
  • Activate accounts;
  • Suspend accounts;
  • Disable accounts;
  • Reactivate accounts;
  • Assist with account recovery;
  • Facilitate password resets;
  • Support authentication;
  • Support multi-factor authentication where available;
  • Support single sign-on where available;
  • Maintain login records;
  • Identify account owners or administrators;
  • Maintain account histories;
  • Manage organizational access;
  • Transfer administrative permissions where appropriate;
  • Remove user access when requested or required;
  • Maintain records relating to account status.

We may also use account information to ensure that users see only the facilities, data, reports, equipment, dashboards, or platform features that they are authorized to access.

To Authenticate Users and Control Access

We may use information to determine whether a person attempting to access Opti-mized systems is authorized to do so.

This may include using:

  • Username information;
  • Email addresses;
  • Password credentials in protected form;
  • Authentication tokens;
  • Session identifiers;
  • IP addresses;
  • Device information;
  • Multi-factor authentication information;
  • Account permissions;
  • Organization identifiers;
  • User roles;
  • Login history;
  • Security information.

Authentication and access-control information may be used to:

  • Confirm user identity;
  • Establish secure sessions;
  • Restrict unauthorized access;
  • Detect unusual login activity;
  • Prevent credential misuse;
  • Protect customer information;
  • Maintain account integrity;
  • Manage access to facilities;
  • Manage access to reports;
  • Manage administrative privileges;
  • Prevent users from viewing information they are not authorized to access.

To Provide the Opti-mized Platform

We may use information to operate, maintain, and provide access to the Opti-mized web platform and its associated functionality.

This may include using information to:

  • Display customer facilities;
  • Display facility dashboards;
  • Display electrical information;
  • Display equipment information;
  • Display historical information;
  • Display current information;
  • Display analytics;
  • Display detected opportunities;
  • Display calculations;
  • Display trends;
  • Display alerts;
  • Display recommendations;
  • Display reports;
  • Display equipment status;
  • Display gateway status;
  • Display sensor status;
  • Organize facility information;
  • Organize equipment information;
  • Allow authorized users to navigate facilities;
  • Allow users to access reports;
  • Allow users to configure settings;
  • Allow users to manage notifications;
  • Allow users to add or update information;
  • Allow administrators to manage user access;
  • Allow data to be filtered;
  • Allow information to be compared across time periods;
  • Allow users to review equipment behaviour;
  • Allow users to review facility-level performance;
  • Provide data exports where available;
  • Provide report downloads;
  • Provide customer-specific functionality;
  • Support features made available now or in the future.

Information may be associated with a specific organization, facility, building, panel, MCC, switchgear location, circuit, equipment item, gateway, sensor, measurement point, report, or user in order to provide meaningful organization and navigation within the platform.

To Operate Opti-mized Hardware

We may use information to operate, configure, communicate with, monitor, maintain, update, and support Opti-mized hardware.

This may include hardware such as:

  • Sensors;
  • Current transformers;
  • CTs;
  • CT Hubs;
  • Gateways;
  • Communications equipment;
  • Measurement devices;
  • Related accessories;
  • Other connected Opti-mized hardware.

Information may be used to:

  • Identify devices;
  • Associate devices with customers;
  • Associate devices with facilities;
  • Associate devices with panels;
  • Associate sensors with circuits;
  • Associate measurements with equipment;
  • Configure device settings;
  • Verify device operation;
  • Monitor device connectivity;
  • Monitor communications status;
  • Check device health;
  • Detect hardware errors;
  • Detect data-transmission failures;
  • Troubleshoot connectivity;
  • Diagnose equipment issues;
  • Perform remote configuration where supported;
  • Perform firmware updates;
  • Perform over-the-air updates where supported;
  • Maintain device compatibility;
  • Maintain system security;
  • Confirm successful data transmission;
  • Recover or synchronize information following connection interruptions;
  • Track hardware deployment;
  • Maintain hardware records;
  • Support replacement or servicing of devices.

To Provide Connected Services

Opti-mized hardware may communicate with cloud infrastructure, software systems, databases, analytics services, notification services, and the Opti-mized platform.

We may use information to enable these components to function together.

For example, information may be used to:

  • Receive measurements from installed hardware;
  • Transmit measurements securely;
  • Associate measurements with appropriate customer accounts;
  • Process measurement data;
  • Store historical data;
  • Generate analytics;
  • Update dashboards;
  • Produce reports;
  • Trigger notifications;
  • Maintain synchronization between devices and cloud services;
  • Monitor connectivity;
  • Identify missing or delayed data;
  • Maintain service availability;
  • Support customer access to facility information.

To Understand a Facility

We may use information provided by customers, users, contractors, consultants, installers, service providers, or other authorized parties to understand the structure, systems, operations, and electrical configuration of a facility.

This may include using information concerning:

  • Facility type;
  • Building size;
  • Number of buildings;
  • Building use;
  • Operating schedules;
  • Electrical service;
  • Electrical panels;
  • MCCs;
  • Switchgear;
  • Circuits;
  • Equipment;
  • Utility information;
  • Existing metering;
  • Communication infrastructure;
  • Equipment schedules;
  • Panel schedules;
  • Facility photographs;
  • Electrical drawings;
  • Customer objectives.

We may use this information to build an organized representation of the facility within the Opti-mized system.

To Determine Appropriate Hardware for a Facility

We may use facility information, electrical information, photographs, equipment information, panel information, and customer requirements to determine what Opti-mized hardware may be appropriate for a particular facility.

This may include determining:

  • The number of measurement points;
  • The approximate number of circuits to be measured;
  • The number of electrical panels;
  • The number of MCCs;
  • The number of switchgear locations;
  • The number of gateways required;
  • The number of CT Hubs required;
  • The number of CTs required;
  • Appropriate CT sizes;
  • Appropriate sensor types;
  • Communication requirements;
  • Network requirements;
  • Installation requirements;
  • Expansion requirements;
  • Hardware configuration;
  • Potential hardware placement;
  • Hardware quantities;
  • Hardware compatibility;
  • Other deployment requirements.

These determinations may be based on information supplied by the customer and may be revised when additional information becomes available during installation, commissioning, or facility setup.

To Prepare Facility Setup Recommendations

We may use information collected through facility setup forms, photographs, documents, technical discussions, or other sources to prepare recommendations regarding how Opti-mized products could be deployed.

Recommendations may include:

  • Suggested hardware quantities;
  • Suggested sensor quantities;
  • Suggested gateway quantities;
  • Suggested CT Hub quantities;
  • Suggested measurement locations;
  • Suggested circuit coverage;
  • Suggested panel coverage;
  • Suggested equipment coverage;
  • Connectivity recommendations;
  • Deployment sequencing;
  • Configuration recommendations;
  • Preliminary installation assumptions;
  • Estimated deployment requirements.

Recommendations may be preliminary and may depend on the accuracy and completeness of information provided by customers or their representatives.

To Estimate Setup Costs

We may use information about a facility, hardware requirements, quantities, products, services, installation requirements, and customer configuration to estimate the cost of an Opti-mized deployment.

This may include calculating or estimating:

  • Hardware costs;
  • Sensor costs;
  • Gateway costs;
  • CT Hub costs;
  • Accessory costs;
  • Installation costs where applicable;
  • Configuration costs;
  • Deployment costs;
  • Setup costs;
  • Service costs;
  • Subscription costs where applicable;
  • Shipping costs;
  • Taxes;
  • Other project-related costs.

Cost estimates may be based on assumptions and available information and may change as facility conditions, hardware requirements, pricing, project scope, or other factors change.

To Review Electrical Panel, MCC, Switchgear, and Equipment Photos

We may use photographs and other images provided by customers or authorized parties to understand facility electrical infrastructure and equipment.

For example, we may review photographs to:

  • Identify electrical panels;
  • Identify MCCs;
  • Identify switchgear;
  • Identify breakers;
  • Identify panel ratings;
  • Identify circuit information;
  • Read labels;
  • Read panel schedules;
  • Identify equipment names;
  • Identify equipment categories;
  • Identify manufacturer information;
  • Identify equipment nameplate information;
  • Estimate circuit quantities;
  • Estimate equipment quantities;
  • Determine hardware requirements;
  • Determine potential sensor requirements;
  • Determine appropriate CT sizes;
  • Identify installation considerations;
  • Support configuration;
  • Support troubleshooting;
  • Validate information provided through forms;
  • Maintain facility records.

Photographs may be reviewed manually, through software-assisted tools, or through automated analysis where appropriate.

To Extract and Organize Information From Documents

We may use information from uploaded or submitted documents to support facility configuration, analysis, reporting, installation, purchasing, or customer service.

For example, information from utility bills may be used to determine:

  • Historical electricity consumption;
  • Historical demand;
  • Historical utility cost;
  • Utility rates;
  • Rate structures;
  • Billing periods;
  • Seasonal patterns;
  • Cost baselines.

Information from electrical drawings or panel schedules may be used to:

  • Identify circuits;
  • Identify electrical systems;
  • Organize equipment;
  • Map circuits to equipment;
  • Determine hardware requirements;
  • Support installation;
  • Support configuration.

To Create Panel-by-Panel Configurations

We may use information to create detailed configurations for individual electrical panels, MCCs, switchgear assemblies, or other distribution equipment.

This may include using information to:

  • Assign panel names;
  • Assign panel identifiers;
  • Record panel ratings;
  • Record breaker positions;
  • Identify circuit names;
  • Identify circuit numbers;
  • Identify breaker sizes;
  • Associate sensors with circuits;
  • Associate circuits with equipment;
  • Organize circuits by category;
  • Record CT requirements;
  • Associate panels with facilities;
  • Associate panels with gateways;
  • Maintain installation records;
  • Create digital representations of customer electrical infrastructure.

These configurations may be updated over time as additional information is provided or facility conditions change.

To Map Panels, Circuits, Sensors, and Equipment

A core function of the Opti-mized service may involve associating electrical measurements with meaningful facility assets.

We may use information to create relationships between:

  • Facilities;
  • Buildings;
  • Panels;
  • MCCs;
  • Switchgear;
  • Breakers;
  • Circuits;
  • Sensors;
  • CTs;
  • Gateways;
  • Equipment;
  • Building areas;
  • Facility systems;
  • Operational functions.

For example, information may be used to determine that a particular sensor measures a particular circuit and that the circuit serves a particular rooftop unit, pump, lighting system, motor, exhaust fan, or other equipment.

This mapping allows raw measurement information to be presented in a more understandable and useful form.

To Organize Facility Information

We may use information to organize facilities, buildings, equipment, electrical systems, measurement points, reports, and users within the Opti-mized platform.

This may involve:

  • Creating facility hierarchies;
  • Grouping buildings;
  • Grouping equipment;
  • Creating equipment categories;
  • Organizing circuits;
  • Organizing electrical panels;
  • Linking facility assets;
  • Associating documents with facilities;
  • Associating photographs with equipment;
  • Associating reports with facilities;
  • Associating users with facilities;
  • Maintaining customer-specific naming conventions;
  • Maintaining customer-defined categories;
  • Creating portfolio-level views.

To Configure Customer Dashboards

We may use information to configure dashboards and platform views that are relevant to each customer's facilities and services.

Dashboard configuration may involve:

  • Selecting available data;
  • Organizing facilities;
  • Organizing equipment;
  • Displaying electrical measurements;
  • Displaying runtime information;
  • Displaying energy consumption;
  • Displaying detected opportunities;
  • Displaying savings calculations;
  • Displaying alerts;
  • Displaying equipment trends;
  • Displaying facility trends;
  • Displaying historical data;
  • Providing portfolio views;
  • Applying customer-specific names or labels;
  • Configuring permissions;
  • Configuring filters;
  • Configuring reporting functionality.

To Process Energy and Operational Data

We may use Energy and Operational Data collected through Opti-mized products in order to transform raw measurements into useful information about a facility and its equipment.

Processing may include:

  • Receiving data;
  • Validating data;
  • Organizing data;
  • Timestamping data;
  • Storing data;
  • Normalizing data;
  • Cleaning data;
  • Aggregating data;
  • Comparing data;
  • Calculating values;
  • Associating measurements with circuits;
  • Associating measurements with equipment;
  • Establishing historical records;
  • Identifying missing measurements;
  • Evaluating data quality;
  • Preparing data for analytics;
  • Preparing data for dashboard presentation;
  • Preparing data for reports.

To Generate Facility Intelligence Data

We may use collected information to generate Facility Intelligence Data.

Facility Intelligence Data may be created by analyzing Energy and Operational Data together with other available information such as:

  • Facility information;
  • Equipment information;
  • Circuit information;
  • Operating schedules;
  • Utility rates;
  • Utility bills;
  • Historical information;
  • Environmental information;
  • Weather information;
  • Customer-defined thresholds;
  • Equipment classifications;
  • Customer objectives.

The resulting Facility Intelligence Data may include:

  • Operating patterns;
  • Equipment baselines;
  • Runtime calculations;
  • Cycling analysis;
  • Load analysis;
  • Demand analysis;
  • Energy-loss opportunities;
  • Savings estimates;
  • Cost calculations;
  • Performance trends;
  • Equipment comparisons;
  • Facility comparisons;
  • Notifications;
  • Recommendations;
  • Alerts;
  • Reports;
  • Other derived intelligence.

To Establish Equipment and Facility Baselines

We may use historical Energy and Operational Data to establish baseline patterns for equipment, circuits, systems, buildings, or facilities.

A baseline may represent an expected or typical operating pattern based on historical information.

Baseline analysis may consider:

  • Typical runtime;
  • Typical start time;
  • Typical stop time;
  • Typical load;
  • Typical energy consumption;
  • Typical demand contribution;
  • Typical cycling frequency;
  • Typical weekday behaviour;
  • Typical weekend behaviour;
  • Typical seasonal behaviour;
  • Typical performance under comparable conditions.

Baselines may then be used to compare current operation against historical or expected behaviour.

To Analyze Equipment Behaviour

We may use information to understand how equipment actually operates over time.

Analysis may include evaluating:

  • When equipment turns on;
  • When equipment turns off;
  • How long equipment runs;
  • How frequently equipment cycles;
  • How much electrical power equipment draws;
  • Whether electrical demand changes;
  • Whether operating behaviour is stable;
  • Whether operating behaviour changes over time;
  • Whether equipment runs outside scheduled hours;
  • Whether equipment operates continuously;
  • Whether equipment cycles more or less frequently than expected;
  • Whether equipment behaviour correlates with environmental conditions;
  • Whether operating patterns differ from historical patterns.

Equipment behaviour analysis may be presented through dashboards, graphs, reports, notifications, or other Opti-mized functionality.

To Analyze Facility Behaviour

We may also use information to understand how energy and electrical usage change across an entire facility.

This may include analyzing:

  • Facility baseload;
  • Facility operating hours;
  • Daily usage;
  • Weekly usage;
  • Monthly usage;
  • Seasonal usage;
  • Peak-demand events;
  • Equipment contributions to demand;
  • After-hours consumption;
  • Continuous loads;
  • Changes in facility behaviour;
  • Portfolio-level comparisons;
  • Historical performance.

To Analyze Runtime

We may calculate or estimate runtime using electrical measurements, sensor information, equipment information, or other available data.

Runtime analysis may be used to determine:

  • Total operating hours;
  • Operating hours per day;
  • Operating hours per week;
  • Operating hours per month;
  • Operating hours per year;
  • Runtime during scheduled hours;
  • Runtime outside scheduled hours;
  • Runtime by season;
  • Changes in runtime;
  • Differences between expected and actual runtime.

Runtime information may support energy-loss identification, cost estimates, maintenance indicators, and operational decision-making.

To Analyze Equipment Cycling

We may use information to identify or estimate equipment cycling patterns.

This may include:

  • Number of starts;
  • Number of stops;
  • Cycling frequency;
  • Runtime per cycle;
  • Changes in cycle length;
  • Changes in cycling frequency;
  • Repeated starts;
  • Unusual cycling behaviour;
  • Historical comparisons.

Cycling information may be used to provide operational context, identify changes in equipment behaviour, or support potential maintenance analysis.

To Analyze Demand

We may use information to analyze facility electrical demand and identify equipment or circuits that contribute to demand peaks.

This may include:

  • Identifying peak-demand periods;
  • Measuring demand levels;
  • Identifying simultaneous equipment operation;
  • Identifying major contributors to peak demand;
  • Comparing peak periods;
  • Evaluating historical peak demand;
  • Estimating potential demand reduction;
  • Calculating potential cost savings from demand reduction.

To Analyze Baseload and Continuous Loads

We may use information to identify electrical loads that remain active continuously or for extended periods.

This may include analyzing:

  • Overnight loads;
  • Weekend loads;
  • Base electrical consumption;
  • Continuous equipment;
  • Constant circuits;
  • Minimum facility load;
  • Changes in baseload over time;
  • Potentially unnecessary continuous consumption.

To Identify Off-Hours Usage

We may compare equipment or circuit operation with facility operating schedules to identify electrical use occurring outside expected operating hours.

This may include identifying equipment that:

  • Operates after a facility closes;
  • Starts before expected operating hours;
  • Runs overnight;
  • Runs on weekends;
  • Runs during holidays;
  • Runs during scheduled shutdowns;
  • Remains energized beyond expected periods.

This information may be used to estimate the amount and cost of potential off-hours energy use.

To Identify On-Hours Overusage

We may use information to identify equipment or systems that appear to consume more energy than expected during normal facility operating hours.

Analysis may involve:

  • Comparing current load with historical load;
  • Comparing equipment with established baselines;
  • Reviewing operating duration;
  • Evaluating expected equipment use;
  • Identifying unnecessarily high load;
  • Evaluating repeated or prolonged operation;
  • Comparing similar operating periods.

To Identify Environmental Mismatch

Where relevant contextual information is available, we may compare equipment operation against environmental or operating conditions.

For example, analysis may identify potential situations in which:

  • Heating equipment operates when conditions do not appear to require heating;
  • Cooling equipment operates when conditions do not appear to require cooling;
  • Equipment operation does not align with outdoor temperature;
  • Equipment operation appears inconsistent with expected environmental conditions;
  • Heating and cooling systems appear to operate in conflict;
  • Environmental conditions suggest a different expected operating pattern.

Such observations may depend on available data and should be understood as analytical indicators rather than definitive conclusions in every circumstance.

To Identify Idle or Standby Loads

We may use Energy and Operational Data to identify equipment or circuits that remain energized while not appearing to be actively performing their primary function.

This may include:

  • Standby loads;
  • Idle equipment;
  • Equipment energized between uses;
  • Equipment drawing power outside active cycles;
  • Low-level continuous consumption.

To Identify High Continuous Loads

We may use information to identify equipment, circuits, systems, or facility loads that operate continuously at comparatively high levels.

This may be used to:

  • Prioritize investigation;
  • Evaluate operating schedules;
  • Compare equipment performance;
  • Estimate potential savings;
  • Identify unusual or unnecessary continuous operation.

To Identify Potential Energy-Loss Opportunities

We may analyze facility and equipment information to identify potential areas where energy consumption could possibly be reduced.

Potential energy-loss opportunities may include:

  • Off-hours operation;
  • On-hours overusage;
  • High continuous loads;
  • Idle or standby loads;
  • Environmental mismatch;
  • Peak-demand contribution;
  • Unusual operating schedules;
  • Equipment operating longer than expected;
  • Equipment operating more frequently than expected;
  • Changes in electrical behaviour;
  • Other patterns that may indicate avoidable consumption.

The identification of an opportunity does not necessarily mean that energy use is definitively unnecessary or that a particular corrective action is appropriate.

Facility conditions, operational requirements, safety requirements, equipment requirements, customer objectives, and other factors may affect whether an identified opportunity should be acted upon.

To Estimate Energy Savings

We may use measured information, historical information, utility information, operating schedules, calculations, assumptions, and analytical models to estimate potential energy savings.

Savings estimates may be based on factors such as:

  • Measured power;
  • Estimated runtime reduction;
  • Historical runtime;
  • Current operating schedule;
  • Proposed operating schedule;
  • Utility rates;
  • Demand charges;
  • Equipment behaviour;
  • Facility behaviour;
  • Seasonal variation;
  • Historical consumption.

Estimates may be expressed as:

  • Kilowatt-hours;
  • Demand reduction;
  • Annual energy savings;
  • Monthly energy savings;
  • Percentage reduction;
  • Savings ranges;
  • Other energy-related metrics.

To Estimate Financial Savings

We may use utility pricing, rate information, estimated energy reduction, demand reduction, operating schedules, and other relevant data to estimate the financial value of identified opportunities.

Financial estimates may include:

  • Estimated annual savings;
  • Estimated monthly savings;
  • Estimated avoided energy cost;
  • Estimated demand-cost savings;
  • Estimated cumulative savings;
  • Savings ranges;
  • Other cost-related estimates.

Financial estimates are dependent on assumptions and inputs and may vary based on actual operating conditions, utility rates, implementation results, equipment performance, facility changes, weather, occupancy, or other factors.

To Calculate Return on Investment and Payback

Where appropriate, we may combine project costs with estimated savings to calculate financial metrics intended to help customers evaluate potential investments.

This may include:

  • Simple payback;
  • Estimated payback period;
  • Return on investment;
  • Estimated annual return;
  • Estimated cumulative savings;
  • Cost-benefit comparisons;
  • Scenario comparisons.

These calculations may be based on assumptions and should not necessarily be interpreted as guarantees of future financial performance.

To Support Retrofit Decisions

We may use collected information and Facility Intelligence Data to support evaluation of potential equipment retrofits, replacements, upgrades, control changes, operational improvements, or other facility investments.

This may involve:

  • Understanding current equipment performance;
  • Establishing existing baselines;
  • Estimating current energy use;
  • Evaluating runtime;
  • Evaluating demand;
  • Modeling potential changes;
  • Comparing existing and proposed equipment;
  • Estimating possible savings;
  • Calculating payback;
  • Evaluating different scenarios;
  • Supporting data-backed decision-making.

To Generate Simulations and Scenarios

Where supported, we may use information to model or simulate possible changes to a facility, equipment, operating schedule, energy use, or project configuration.

Examples may include:

  • Equipment replacement scenarios;
  • Schedule-change scenarios;
  • Load-reduction scenarios;
  • Retrofit scenarios;
  • Demand-management scenarios;
  • Energy-cost scenarios;
  • Operating-hour scenarios.

Simulations and scenarios may rely on assumptions and may not predict actual future results with certainty.

To Detect Changes in Equipment Behaviour

We may compare current equipment information with historical information to identify changes in electrical or operating behaviour.

This may include changes in:

  • Runtime;
  • Cycling;
  • Power draw;
  • Start behaviour;
  • Stop behaviour;
  • Load shape;
  • Demand contribution;
  • Operating schedule;
  • Electrical signature;
  • Energy consumption;
  • Frequency of operation.

Changes may be used to identify potential operational concerns, changes in facility use, maintenance indicators, or opportunities for further investigation.

To Identify Operational Anomalies

We may use analytical processes to identify activity that appears unusual when compared with historical, expected, or customer-defined patterns.

Potential anomalies may include:

  • Unexpected runtime;
  • Unexpected start times;
  • Unexpected shutdowns;
  • Changes in cycling;
  • Increased load;
  • Decreased load;
  • Unusual continuous operation;
  • Changes in demand;
  • Changes in energy consumption;
  • Changes in operating patterns;
  • Missing data;
  • Unusual device behaviour.

An anomaly is an analytical indication that a pattern may differ from expected behaviour and does not necessarily mean that a fault or problem exists.

To Generate Predictive or Preventative Maintenance Indicators

Where supported by available data and functionality, Opti-mized may use changes in equipment electrical behaviour, runtime, cycling, load characteristics, or historical performance to identify indicators that may be relevant to maintenance.

These indicators may include:

  • Changes in runtime;
  • Changes in cycling;
  • Changes in power draw;
  • Changes in electrical behaviour;
  • Changes in operating consistency;
  • Deviation from established baselines;
  • Unusual equipment patterns.

Such indicators may be used to identify equipment that may warrant further inspection or attention.

They are not intended to replace appropriate inspection, servicing, maintenance, professional judgment, or equipment safety procedures.

To Prioritize Identified Opportunities

We may use information to help customers prioritize detected energy, operational, maintenance, or retrofit opportunities.

Prioritization may consider factors such as:

  • Estimated savings;
  • Estimated cost;
  • Estimated payback;
  • Magnitude of energy consumption;
  • Frequency of occurrence;
  • Duration;
  • Demand contribution;
  • Equipment importance;
  • Customer priorities;
  • Potential operational impact;
  • Available information.

Opportunities may be displayed, ranked, grouped, filtered, or categorized to help customers review a larger number of findings.

To Generate Reports

We may use information to prepare Facility Intelligence Reports and other reports, summaries, analyses, or exports.

Reports may contain:

  • Facility information;
  • Equipment information;
  • Utility information;
  • Energy information;
  • Runtime information;
  • Detected opportunities;
  • Savings estimates;
  • Financial estimates;
  • Payback calculations;
  • Charts;
  • Graphs;
  • Tables;
  • Photographs;
  • Equipment descriptions;
  • Recommendations;
  • Findings;
  • Historical comparisons;
  • Facility Intelligence Data.

Reports may be generated automatically, manually, or through a combination of software processes and human review.

To Generate Alerts and Notifications

We may use information to generate alerts or notifications based on account, device, facility, equipment, energy, operational, or security activity.

Notifications may relate to:

  • Equipment behaviour;
  • Detected opportunities;
  • Operational anomalies;
  • Changes in equipment behaviour;
  • Gateway connectivity;
  • Device status;
  • Data availability;
  • Report availability;
  • Account activity;
  • Security issues;
  • Support updates;
  • Platform maintenance;
  • System notices;
  • Billing matters;
  • Other service information.

Notifications may be delivered through available channels such as the Opti-mized platform, email, SMS, or other communication methods where supported.

To Provide Recommendations

We may use information to provide recommendations intended to help customers better understand, evaluate, or manage facility energy performance and equipment operation.

Recommendations may relate to:

  • Operating schedules;
  • Further investigation;
  • Equipment usage;
  • Energy-loss opportunities;
  • Demand;
  • Retrofit evaluation;
  • Potential operational changes;
  • Maintenance review;
  • Data collection;
  • Hardware expansion;
  • Facility setup.

Recommendations may be based on available information and should be considered together with facility-specific operational, technical, safety, financial, and professional considerations.

To Compare Historical Performance

We may use information to compare performance over different periods.

Comparisons may include:

  • Day-over-day;
  • Week-over-week;
  • Month-over-month;
  • Year-over-year;
  • Weekday versus weekend;
  • Operating hours versus off-hours;
  • Seasonal comparisons;
  • Before-and-after comparisons;
  • Pre-retrofit and post-retrofit comparisons;
  • Current performance versus baseline;
  • Current performance versus historical averages.

To Verify Results

Where changes, retrofits, operational adjustments, or other actions are implemented, we may use information collected after implementation to evaluate whether facility or equipment performance changed.

This may include:

  • Comparing before-and-after energy use;
  • Comparing runtime;
  • Comparing demand;
  • Comparing equipment behaviour;
  • Comparing operating schedules;
  • Comparing financial estimates;
  • Evaluating whether an identified condition continues;
  • Evaluating whether an opportunity appears to have been addressed.

To Support Measurement and Verification

Where appropriate, we may use Energy and Operational Data, historical information, utility information, and Facility Intelligence Data to support measurement and verification activities.

This may involve establishing a baseline, documenting pre-implementation performance, measuring post-implementation performance, and comparing results over time.

To Support Portfolio-Level Analysis

Customers with multiple facilities may use Opti-mized across a portfolio.

We may use information to provide:

  • Portfolio dashboards;
  • Facility comparisons;
  • Facility rankings;
  • Aggregate savings information;
  • Aggregate energy consumption;
  • Aggregate demand information;
  • Cross-facility trends;
  • Equipment comparisons;
  • Opportunity comparisons;
  • Portfolio-level reports;
  • Other multi-facility analytics.

To Process and Fulfill Purchases

We may use information to process customer purchases and commercial transactions.

This may include:

  • Preparing quotations;
  • Processing orders;
  • Confirming orders;
  • Creating invoices;
  • Processing payments through third-party providers;
  • Confirming payment;
  • Coordinating shipping;
  • Delivering hardware;
  • Providing services;
  • Managing subscriptions;
  • Administering renewals;
  • Processing returns;
  • Processing refunds;
  • Handling warranties;
  • Maintaining purchase histories;
  • Maintaining financial records;
  • Communicating about orders.

To Ship Products

Where physical hardware is purchased, we may use contact, shipping, order, and transaction information to:

  • Prepare shipments;
  • Create shipping labels;
  • Coordinate with carriers;
  • Provide tracking information;
  • Confirm delivery;
  • Resolve delivery issues;
  • Manage lost shipments;
  • Process returns;
  • Handle replacement shipments;
  • Comply with customs or shipping requirements where applicable.

To Administer Billing and Accounts Receivable

We may use information to:

  • Issue invoices;
  • Track payment status;
  • Process purchase orders;
  • Manage accounts receivable;
  • Apply credits;
  • Process refunds;
  • Maintain tax records;
  • Maintain accounting records;
  • Reconcile transactions;
  • Respond to billing questions;
  • Manage commercial relationships.

To Provide Customer Service

We may use information to respond to customer questions, requests, inquiries, complaints, or other communications.

This may include:

  • Responding to account questions;
  • Explaining platform functionality;
  • Assisting with reports;
  • Assisting with facility setup;
  • Assisting with hardware;
  • Resolving billing questions;
  • Responding to order questions;
  • Helping customers manage user access;
  • Providing product information;
  • Addressing service concerns;
  • Recording customer requests;
  • Following up on unresolved matters.

To Provide Technical Support

We may use technical, hardware, account, facility, device, diagnostic, and communications information to investigate and resolve technical issues.

Support activities may include:

  • Reviewing gateway status;
  • Reviewing sensor status;
  • Reviewing connectivity;
  • Reviewing system logs;
  • Reviewing error messages;
  • Reviewing recent data;
  • Reviewing configuration;
  • Reviewing firmware version;
  • Diagnosing communication failures;
  • Diagnosing data issues;
  • Recommending corrective steps;
  • Updating configuration;
  • Supporting reconnection;
  • Replacing hardware;
  • Documenting resolution.

To Troubleshoot Connectivity

We may use network and device information to identify and resolve issues relating to:

  • Wi-Fi;
  • Ethernet;
  • Cellular connections;
  • Internet connectivity;
  • Cloud connectivity;
  • Gateway communication;
  • Device communication;
  • Data transmission;
  • Authentication;
  • Configuration.

To Maintain Our Products and Services

We may use information to maintain the ongoing performance, reliability, compatibility, stability, availability, and functionality of our products and services.

This may include:

  • Maintaining databases;
  • Maintaining cloud infrastructure;
  • Maintaining software;
  • Maintaining hardware;
  • Updating firmware;
  • Updating platform features;
  • Correcting errors;
  • Repairing defects;
  • Maintaining integrations;
  • Monitoring service availability;
  • Maintaining backups;
  • Testing system performance;
  • Updating configurations;
  • Maintaining technical documentation.

To Improve Our Products

We may use information to understand how Opti-mized products perform and identify opportunities to improve them.

This may include evaluating:

  • Product reliability;
  • Hardware reliability;
  • Gateway reliability;
  • Sensor performance;
  • Data quality;
  • Platform performance;
  • Analytics accuracy;
  • User experience;
  • Feature adoption;
  • Report usefulness;
  • Customer feedback;
  • Support issues;
  • Common configuration challenges;
  • Technical failures.

Information may be used to identify design improvements, prioritize product development, improve reliability, simplify workflows, and improve customer experience.

To Develop New Products, Features, Analytics, and Services

We may use information, including aggregated or de-identified information where appropriate, to research, design, develop, test, evaluate, and improve new Opti-mized products and services.

Development activities may include:

  • New platform functionality;
  • New dashboards;
  • New reports;
  • New hardware;
  • New sensors;
  • New gateway functionality;
  • New integrations;
  • New analytics;
  • New energy-loss detection methods;
  • New maintenance indicators;
  • New benchmarking tools;
  • New calculations;
  • New facility intelligence features;
  • New automation;
  • New customer workflows;
  • New mobile or web applications.

To Test Products and Features

We may use information to test software, hardware, analytics, reports, calculations, and features before or after deployment.

Testing may include:

  • Quality assurance;
  • Performance testing;
  • Regression testing;
  • Security testing;
  • Reliability testing;
  • Hardware testing;
  • Firmware testing;
  • Data-validation testing;
  • Analytics testing;
  • User-interface testing;
  • Integration testing.

Where practical, testing may use synthetic, aggregated, de-identified, or limited information rather than directly identifiable information.

To Improve Analytics

We may use historical information, customer feedback, measurement results, comparisons, and analytical outcomes to improve how Opti-mized generates Facility Intelligence Data.

This may include improving:

  • Equipment classification;
  • Runtime calculations;
  • Baseline creation;
  • Anomaly detection;
  • Energy-loss detection;
  • Savings calculations;
  • Demand analysis;
  • Equipment behaviour analysis;
  • Ranking methods;
  • Reporting;
  • Recommendations.

To Conduct Internal Analytics

We may analyze information internally to better understand our business, products, customers, services, and operations.

Internal analytics may include:

  • Number of users;
  • Number of customers;
  • Number of facilities;
  • Platform usage;
  • Feature usage;
  • Report usage;
  • Hardware deployment;
  • Device health;
  • Support trends;
  • Customer retention;
  • Website activity;
  • Product adoption;
  • Order trends;
  • Service performance;
  • System reliability;
  • Data quality;
  • Business performance.

Internal analytics may be conducted using aggregated or de-identified information where appropriate.

To Create Aggregated Information

We may aggregate information from multiple users, facilities, devices, customers, or time periods so that the resulting information provides broader statistical or analytical insights.

Aggregated information may be used for:

  • Product development;
  • Benchmarking;
  • Internal analytics;
  • Capacity planning;
  • Research;
  • Reporting;
  • Improving analytics;
  • Understanding equipment performance;
  • Understanding facility trends;
  • Improving customer experience.

To Create De-Identified Information

Where permitted by law, we may remove, generalize, mask, or otherwise process identifiers so that information is no longer reasonably associated with an identifiable individual.

De-identified information may be used for legitimate business purposes including:

  • Research;
  • Product development;
  • Analytics development;
  • Benchmarking;
  • Quality assurance;
  • System improvement;
  • Statistical analysis;
  • Business planning.

To Create Benchmarks

Where appropriate, we may use historical, aggregated, de-identified, or facility-specific information to develop benchmarks.

Benchmarks may allow a customer to compare:

  • Current facility performance with historical performance;
  • Equipment performance with its own historical baseline;
  • Similar equipment;
  • Comparable time periods;
  • Comparable facility characteristics;
  • Other appropriate reference points.

To Monitor Product Performance

We may use technical and operational information to evaluate whether Opti-mized products and systems are functioning as intended.

This may include monitoring:

  • Device connectivity;
  • Data transmission;
  • Measurement quality;
  • Gateway health;
  • Sensor health;
  • Software performance;
  • Platform response time;
  • API availability;
  • Error rates;
  • Service availability;
  • Report-generation success;
  • Notification delivery.

To Maintain Data Quality

We may use information to identify and address possible errors, inconsistencies, missing values, duplicate records, incorrect mappings, or other data-quality concerns.

This may include:

  • Validating measurements;
  • Checking device assignments;
  • Checking circuit mappings;
  • Reviewing unusual readings;
  • Correcting customer-provided labels;
  • Normalizing equipment names;
  • Identifying duplicate equipment;
  • Resolving missing data;
  • Comparing configuration information against uploaded documents.

To Maintain Accurate Customer Records

We may use information to maintain accurate records relating to:

  • Customers;
  • Organizations;
  • Facilities;
  • Users;
  • Hardware;
  • Equipment;
  • Orders;
  • Contracts;
  • Support history;
  • Installation history;
  • Billing;
  • Communications.

To Communicate With You

We may use contact information to communicate with customers, prospective customers, authorized users, contractors, consultants, and other business contacts.

Communications may relate to:

  • Account setup;
  • Account administration;
  • Orders;
  • Payments;
  • Shipping;
  • Product updates;
  • Platform updates;
  • Facility setup;
  • Installation;
  • Commissioning;
  • Technical support;
  • Customer support;
  • Reports;
  • Alerts;
  • Detected conditions;
  • Service availability;
  • Maintenance;
  • Security;
  • Contracts;
  • Billing;
  • Renewals;
  • Customer requests;
  • Product demonstrations;
  • Quotations;
  • Other business matters.

To Send Service-Related Communications

Certain communications are necessary to operate or administer Opti-mized services and may not be considered marketing communications.

These may include:

  • Account verification;
  • Password reset information;
  • Security notices;
  • Login alerts;
  • Account status notices;
  • System-maintenance notices;
  • Service interruption notices;
  • Billing notices;
  • Invoice communications;
  • Order confirmations;
  • Shipping notices;
  • Support responses;
  • Report notifications;
  • Device connectivity alerts;
  • Changes to terms or policies where required;
  • Other administrative communications.

To Send Marketing Communications

Where permitted by applicable law, we may use business contact information to provide communications concerning:

  • Opti-mized products;
  • New features;
  • New services;
  • Product updates;
  • Industry information;
  • Educational materials;
  • Demonstrations;
  • Events;
  • Case studies;
  • Newsletters;
  • Promotional offers;
  • Other marketing content.

Where consent is required, we will seek appropriate consent before sending applicable marketing communications.

Recipients may be able to unsubscribe from promotional communications using the methods provided in those communications or otherwise made available by Opti-mized.

Choosing not to receive marketing communications does not necessarily prevent Opti-mized from sending transactional, administrative, security, support, or service-related communications.

To Respond to Inquiries and Sales Requests

We may use information provided by prospective customers to:

  • Respond to questions;
  • Schedule demonstrations;
  • Understand customer needs;
  • Prepare quotations;
  • Recommend hardware;
  • Discuss services;
  • Evaluate facility requirements;
  • Provide product information;
  • Follow up on inquiries;
  • Maintain prospective customer records;
  • Manage sales opportunities.

To Prepare Quotations and Proposals

We may use facility, customer, project, hardware, and commercial information to prepare:

  • Quotes;
  • Proposals;
  • Statements of work;
  • Pricing estimates;
  • Hardware lists;
  • Scope descriptions;
  • Deployment recommendations;
  • Project schedules;
  • Other commercial documents.

To Manage Customer Relationships

We may use information to administer our ongoing relationship with customers.

This may include:

  • Maintaining customer records;
  • Tracking projects;
  • Tracking orders;
  • Tracking support matters;
  • Maintaining contact information;
  • Understanding service history;
  • Managing renewals;
  • Managing facility expansion;
  • Managing additional hardware orders;
  • Documenting customer preferences;
  • Managing contracts;
  • Maintaining project communications.

To Manage Contractors and Service Providers

We may use information to coordinate work performed by contractors, installers, consultants, shipping providers, technical providers, and other service providers.

This may include:

  • Assigning work;
  • Providing facility information;
  • Coordinating schedules;
  • Managing installation;
  • Managing support;
  • Tracking deliverables;
  • Processing invoices;
  • Maintaining records;
  • Evaluating provider performance.

Information shared for these purposes will generally be limited to information reasonably necessary for the applicable provider to perform its services.

To Improve Customer Experience

We may use information about customer interactions, feedback, platform use, support history, and product use to identify ways to make Opti-mized products easier to use and more effective.

This may include:

  • Simplifying onboarding;
  • Improving facility setup;
  • Improving dashboards;
  • Improving reports;
  • Improving navigation;
  • Improving configuration tools;
  • Improving alerts;
  • Improving support materials;
  • Improving installation processes;
  • Reducing technical issues.

To Personalize the Service

Where appropriate, we may use information to tailor the Opti-mized experience to the customer, organization, facility, or user.

This may include:

  • Displaying relevant facilities;
  • Applying customer-specific names;
  • Remembering preferences;
  • Configuring dashboards;
  • Showing relevant equipment;
  • Applying selected filters;
  • Providing relevant reports;
  • Delivering configured alerts;
  • Maintaining user-specific access rights.

To Protect the Security of Our Systems

We may use information to protect Opti-mized infrastructure, hardware, software, customer accounts, and information.

Security purposes may include:

  • Detecting unauthorized access;
  • Detecting suspicious activity;
  • Detecting unusual login patterns;
  • Preventing credential misuse;
  • Monitoring network activity;
  • Identifying malicious requests;
  • Identifying attempted attacks;
  • Investigating security events;
  • Responding to incidents;
  • Protecting customer accounts;
  • Protecting cloud infrastructure;
  • Protecting connected devices;
  • Maintaining access controls;
  • Maintaining audit trails;
  • Improving security systems.

To Prevent Fraud and Abuse

We may use account, transaction, technical, security, and other information to prevent, identify, investigate, or respond to:

  • Fraudulent transactions;
  • Unauthorized purchases;
  • Account misuse;
  • Credential theft;
  • Unauthorized access;
  • Automated abuse;
  • Malicious activity;
  • Misuse of Opti-mized products;
  • Violations of applicable terms;
  • Other harmful activity.

To Detect and Respond to Security Incidents

We may use information to investigate actual or suspected security incidents.

This may include:

  • Reviewing logs;
  • Reviewing access history;
  • Reviewing user permissions;
  • Reviewing device activity;
  • Reviewing IP addresses;
  • Reviewing authentication activity;
  • Determining affected accounts;
  • Determining affected systems;
  • Containing incidents;
  • Restoring systems;
  • Notifying affected parties where required;
  • Complying with legal reporting obligations;
  • Documenting incident response.

To Maintain Business Continuity

We may use and retain information as necessary to support:

  • Backups;
  • Disaster recovery;
  • Service restoration;
  • Data recovery;
  • Hardware replacement;
  • System redundancy;
  • Operational continuity;
  • Incident response.

To Enforce Our Terms and Agreements

We may use information to administer and enforce:

  • Customer agreements;
  • Terms of service;
  • Purchase terms;
  • Subscription terms;
  • Acceptable-use requirements;
  • Confidentiality agreements;
  • Licensing terms;
  • Other contractual obligations.

This may include investigating suspected violations, resolving contractual disputes, or restricting access where appropriate.

To Comply With Legal Obligations

We may use, retain, or disclose information where reasonably necessary to comply with applicable laws, regulations, regulatory requirements, court orders, legal proceedings, subpoenas, lawful government requests, taxation requirements, accounting requirements, recordkeeping requirements, or other legal obligations.

This may include:

  • Maintaining financial records;
  • Maintaining transaction records;
  • Responding to lawful requests;
  • Complying with privacy laws;
  • Complying with security obligations;
  • Complying with tax laws;
  • Complying with corporate recordkeeping requirements;
  • Cooperating with lawful investigations;
  • Meeting reporting obligations;
  • Preserving records when legally required.

To Respond to Government and Regulatory Requests

Where legally required or appropriately authorized, we may use or disclose information in response to requests from:

  • Courts;
  • Regulatory authorities;
  • Law-enforcement authorities;
  • Government agencies;
  • Tax authorities;
  • Other public authorities.

We may evaluate requests to determine whether they appear valid and whether disclosure is legally required or otherwise appropriate.

To Establish, Exercise, or Defend Legal Claims

We may use information where reasonably necessary to establish, exercise, investigate, pursue, resolve, or defend legal rights or claims.

This may include matters involving:

  • Contract disputes;
  • Payment disputes;
  • Intellectual-property matters;
  • Customer disputes;
  • Vendor disputes;
  • Fraud;
  • Security incidents;
  • Regulatory proceedings;
  • Insurance matters;
  • Litigation;
  • Arbitration;
  • Other legal proceedings.

To Protect Rights, Property, and Safety

Where appropriate and permitted by law, we may use or disclose information where reasonably necessary to protect:

  • Opti-mized;
  • Our customers;
  • Our users;
  • Our personnel;
  • Our service providers;
  • Our systems;
  • Our property;
  • Our intellectual property;
  • Our legal rights;
  • The rights or safety of other persons.

For Accounting and Financial Administration

We may use transaction, customer, contract, and payment-related information for:

  • Bookkeeping;
  • Accounting;
  • Financial reporting;
  • Accounts payable;
  • Accounts receivable;
  • Audits;
  • Tax preparation;
  • Tax compliance;
  • Financial planning;
  • Revenue recognition;
  • Expense administration;
  • Transaction reconciliation;
  • Other financial administration.

For Insurance Purposes

Where appropriate, we may use information in connection with insurance matters such as:

  • Claims;
  • Coverage;
  • Risk assessment;
  • Incident reporting;
  • Loss investigation;
  • Legal disputes.

For Corporate Transactions

If Opti-mized is involved in or considers a merger, acquisition, financing, investment, reorganization, asset sale, business sale, insolvency, bankruptcy, or similar corporate transaction, information may be used as reasonably necessary to evaluate, negotiate, complete, or administer the transaction.

Appropriate confidentiality and data-protection measures may be used where required.

For Auditing and Compliance

We may use information to conduct internal or external audits and compliance reviews relating to:

  • Information security;
  • Privacy;
  • Financial records;
  • Customer agreements;
  • System access;
  • Product quality;
  • Operational procedures;
  • Legal requirements;
  • Vendor performance;
  • Other business controls.

To Maintain Audit Logs

We may maintain records of important actions taken within Opti-mized systems.

Audit logs may record:

  • User logins;
  • Permission changes;
  • Configuration changes;
  • Data exports;
  • Facility changes;
  • Account changes;
  • Device changes;
  • Administrative actions;
  • Security events;
  • Report generation;
  • Other significant activity.

Audit information may be used for security, troubleshooting, customer support, compliance, and accountability.

To Manage Data Retention and Deletion

We may use information about data type, account status, customer relationships, contractual obligations, and legal requirements to determine how long particular information should be retained.

Information may also be used to:

  • Process deletion requests;
  • Process account closures;
  • Apply retention schedules;
  • Maintain legal holds;
  • Remove expired data;
  • De-identify records;
  • Archive records;
  • Maintain backup retention;
  • Document deletion activity.

To Respond to Privacy Requests

We may use identity, account, contact, and other information to verify and respond to requests relating to privacy rights.

Depending on applicable law, requests may concern:

  • Access;
  • Correction;
  • Deletion;
  • Portability;
  • Objection;
  • Restriction;
  • Consent withdrawal;
  • Marketing preferences;
  • Other privacy rights.

We may request additional information where reasonably necessary to verify the identity or authority of the person making a request.

To Obtain and Maintain Consent

Where consent is required, we may use information to:

  • Request consent;
  • Record consent;
  • Maintain consent records;
  • Record withdrawal of consent;
  • Manage communication preferences;
  • Manage cookie preferences;
  • Document authorization for particular processing activities.

To Comply With Customer Instructions

Where Opti-mized processes information on behalf of a customer, we may use information as instructed or authorized by that customer, subject to applicable law and agreements.

For example, a customer may direct Opti-mized to:

  • Create user accounts;
  • Configure facilities;
  • Analyze data;
  • Generate reports;
  • Send notifications;
  • Add integrations;
  • Provide information to authorized consultants;
  • Support particular users;
  • Process facility information for a specific project.

To Support Integrations

Where customers enable third-party integrations, we may use information to:

  • Authenticate connections;
  • Exchange data;
  • Synchronize information;
  • Match facility records;
  • Match device records;
  • Import information;
  • Export information;
  • Maintain integration status;
  • Detect integration errors;
  • Troubleshoot integrations;
  • Provide requested integrated functionality.

To Support APIs

Where APIs are used, we may process information to:

  • Authenticate requests;
  • Authorize access;
  • Provide requested data;
  • Receive data;
  • Maintain API security;
  • Monitor usage;
  • Apply rate limits;
  • Diagnose errors;
  • Maintain integrations;
  • Maintain audit records.

To Ensure Compatibility

We may use device, browser, software, hardware, and configuration information to ensure compatibility between:

  • Browsers and the Opti-mized platform;
  • Hardware and firmware;
  • Gateways and sensors;
  • Devices and communications networks;
  • APIs and integrations;
  • Different versions of software;
  • Customer systems and supported integrations.

To Perform Quality Assurance

We may use information to evaluate whether products, reports, analytics, and services meet expected standards.

Quality assurance may include:

  • Checking data accuracy;
  • Reviewing report outputs;
  • Reviewing calculations;
  • Checking configuration accuracy;
  • Checking device operation;
  • Reviewing customer feedback;
  • Investigating defects;
  • Testing corrective changes.

To Conduct Research and Development

Where permitted and appropriate, we may use information, including aggregated or de-identified information, to conduct research relating to:

  • Energy analytics;
  • Facility behaviour;
  • Equipment behaviour;
  • Electrical patterns;
  • Hardware performance;
  • Sensor performance;
  • Product reliability;
  • Facility intelligence;
  • Energy-loss detection;
  • Demand analysis;
  • Maintenance indicators;
  • Benchmarking;
  • Other areas relevant to Opti-mized products and services.

To Improve Automation and Analytical Systems

We may use appropriate data to evaluate and improve automated systems used to classify, calculate, detect, organize, or analyze facility information.

This may include improving systems used for:

  • Equipment classification;
  • Photo interpretation;
  • Document information extraction;
  • Runtime analysis;
  • Energy-loss detection;
  • Anomaly detection;
  • Savings calculations;
  • Report generation;
  • Equipment mapping;
  • Data-quality checks;
  • Facility configuration support.

Where personal information is involved, such uses will be subject to applicable law, contractual commitments, and appropriate safeguards.

To Develop Statistical Insights

We may use aggregated, de-identified, or otherwise appropriately processed information to understand broader trends.

For example, we may analyze:

  • Typical hardware performance;
  • Typical data-transmission reliability;
  • Common equipment usage patterns;
  • Typical platform usage;
  • Common customer-support issues;
  • General facility energy patterns;
  • General product adoption;
  • General equipment behaviour.

To Improve Capacity Planning

We may use information about system activity, data volume, connected hardware, customer growth, and usage to plan:

  • Cloud capacity;
  • Storage capacity;
  • Network capacity;
  • Database capacity;
  • Hardware support capacity;
  • Customer-support resources;
  • Technical infrastructure;
  • Product development.

To Diagnose and Correct Errors

We may use technical, account, platform, hardware, and facility information to diagnose software or hardware problems.

This may include identifying:

  • Software bugs;
  • Data-processing errors;
  • Missing measurements;
  • Incorrect mappings;
  • Device failures;
  • Failed API requests;
  • Authentication errors;
  • Report errors;
  • Notification errors;
  • User-interface errors;
  • Configuration problems.

To Prevent Data Loss

We may use information to support backup, redundancy, synchronization, recovery, and restoration processes designed to reduce the risk of information loss.

To Maintain Historical Records

Certain historical information may be maintained to support:

  • Trend analysis;
  • Baseline analysis;
  • Historical comparisons;
  • Reports;
  • Customer support;
  • Measurement and verification;
  • Equipment behaviour analysis;
  • Legal compliance;
  • Contract administration.

To Understand Customer Needs

We may use feedback, communications, usage information, support requests, purchasing history, and facility information to understand what customers need from Opti-mized products.

This may help us determine:

  • Which features to develop;
  • Which reports are most useful;
  • Which hardware configurations are common;
  • Which facility types require particular workflows;
  • Which support resources are needed;
  • Which improvements should be prioritized.

To Evaluate Business Performance

We may use aggregated business information to assess:

  • Revenue;
  • Sales;
  • Customer acquisition;
  • Customer retention;
  • Product adoption;
  • Hardware deployments;
  • Platform usage;
  • Support demand;
  • Operating costs;
  • Service performance;
  • Other business metrics.

To Administer Projects

Where Opti-mized provides products or services as part of a customer project, we may use information to:

  • Define project scope;
  • Manage milestones;
  • Coordinate customer contacts;
  • Coordinate contractors;
  • Track deliverables;
  • Manage facility access;
  • Track hardware;
  • Track installation;
  • Manage documentation;
  • Track reports;
  • Maintain communications;
  • Manage project completion.

To Maintain Confidentiality and Access Restrictions

We may use customer, organization, user, and permission information to enforce confidentiality and access limitations.

For example, information may be used to ensure that:

  • One customer cannot access another customer's data;
  • Users see only authorized facilities;
  • Administrative functions are restricted;
  • Reports are delivered to authorized recipients;
  • Facility data is accessible only to appropriate parties.

To Meet Contractual Obligations

We may process information where necessary to perform obligations under agreements with customers, suppliers, contractors, partners, or other parties.

This may include obligations relating to:

  • Service delivery;
  • Support;
  • Hardware supply;
  • Installation;
  • Reporting;
  • Security;
  • Data processing;
  • Billing;
  • Retention;
  • Confidentiality;
  • Compliance.

To Exercise Contractual Rights

Information may also be used where reasonably necessary to exercise rights available to Opti-mized under applicable agreements, including rights relating to:

  • Payment;
  • Account suspension;
  • Service restrictions;
  • Contract enforcement;
  • Intellectual-property protection;
  • Dispute resolution;
  • Termination.

To Comply With Procurement and Funding Requirements

Where customer projects involve public procurement, grants, utility programs, government funding, incentives, or other third-party programs, we may use information to satisfy applicable administrative or reporting requirements.

This may include:

  • Project information;
  • Facility information;
  • Customer information;
  • Pricing information;
  • Milestone information;
  • Reports;
  • Savings information;
  • Project documentation.

To Respond to Emergencies or Urgent Security Issues

Where reasonably necessary, we may use information to respond to urgent situations involving the security, integrity, or availability of our systems or customer services.

To Support Business Operations Generally

We may use information for other ordinary and legitimate internal business purposes reasonably related to operating Opti-mized.

These may include:

  • Strategic planning;
  • Operational planning;
  • Workforce planning;
  • Vendor management;
  • Procurement;
  • Budgeting;
  • Business forecasting;
  • Internal reporting;
  • Corporate administration;
  • Policy development;
  • Risk management;
  • Training;
  • Quality management.

Use of Aggregated, De-Identified, and Non-Personal Information

Where information has been aggregated or de-identified so that it no longer identifies or can reasonably be linked to an identifiable individual, we may use that information for purposes such as:

  • Analytics;
  • Benchmarking;
  • Research;
  • Product improvement;
  • Product development;
  • Business planning;
  • Statistical analysis;
  • System optimization;
  • Quality assurance;
  • Reporting;
  • Trend analysis.

Information relating solely to equipment, commercial facilities, electrical systems, or other non-personal matters may also be used for legitimate business purposes, subject to applicable contractual, confidentiality, and security obligations.

No Guarantee of Analytical Outcomes

Certain Opti-mized outputs, including savings estimates, return-on-investment calculations, payback calculations, anomaly detections, maintenance indicators, equipment classifications, opportunity classifications, simulations, forecasts, benchmarks, and recommendations, may be based on available data, customer-provided information, measurements, assumptions, calculations, algorithms, models, or historical patterns.

These outputs may assist customers in understanding facility performance and making decisions, but they should not necessarily be interpreted as guarantees of future energy savings, financial performance, equipment condition, operational results, or other outcomes.

Actual results may vary depending on factors including:

  • Facility conditions;
  • Equipment condition;
  • Weather;
  • Occupancy;
  • Operating schedules;
  • Utility rates;
  • Customer actions;
  • Maintenance practices;
  • Equipment controls;
  • Building changes;
  • Data availability;
  • Data quality;
  • Changes in facility use;
  • Implementation quality;
  • Other factors outside Opti-mized's control.

Relationship Between Raw Data and Facility Intelligence Data

Many Opti-mized services involve transforming raw or relatively simple information into more useful facility intelligence.

For example, Opti-mized may begin with a sequence of electrical measurements associated with a circuit.

Those measurements may then be:

  1. Associated with a specific facility;
  2. Associated with a specific panel;
  3. Associated with a specific circuit;
  4. Associated with a specific piece of equipment;
  5. Compared against historical operation;
  6. Compared with facility operating schedules;
  7. Compared with environmental conditions where applicable;
  8. Combined with utility-rate information;
  9. Analyzed for patterns or changes;
  10. Used to estimate energy consumption;
  11. Used to identify a potential energy-loss opportunity;
  12. Used to calculate potential savings;
  13. Used to rank the opportunity;
  14. Presented through the Opti-mized dashboard or a Facility Intelligence Report.

Accordingly, information may be used through multiple stages of processing in order to provide the functionality and intelligence customers expect from Opti-mized.

Use of Information Across Multiple Opti-mized Services

A customer's information may be used across different Opti-mized products and services where appropriate to provide a consistent customer experience.

For example, information submitted during facility setup may later be used to:

  • Prepare a quotation;
  • Configure hardware;
  • Configure the platform;
  • Support installation;
  • Label circuits;
  • Create equipment records;
  • Interpret sensor measurements;
  • Generate reports;
  • Provide customer support.

Similarly, information collected from hardware may later be used to:

  • Populate dashboards;
  • Establish baselines;
  • Generate Facility Intelligence Data;
  • Create reports;
  • Generate alerts;
  • Support troubleshooting;
  • Verify improvements.

We Do Not Necessarily Use Every Category of Information for Every Purpose

The descriptions above identify purposes for which Opti-mized may use information where relevant.

They do not mean that every category of information is used for every purpose.

For example:

  • Payment information would not ordinarily be used to analyze equipment behaviour;
  • Energy and Operational Data would not ordinarily be used to process a credit-card payment;
  • Marketing information would not ordinarily be necessary to configure a sensor;
  • Website analytics would not necessarily be used to calculate facility energy savings;
  • Facility photographs would not necessarily be used for marketing;
  • User login records would not ordinarily be used to calculate retrofit savings.

The actual use of information depends on its nature and the context in which it was collected.

Use Consistent With the Purpose of Collection

Where appropriate, we generally use information for the purposes described at the time of collection, purposes reasonably related to those purposes, purposes described in this Privacy Policy, purposes authorized by the customer or individual, purposes required to provide requested products or services, and other purposes permitted or required by applicable law.

If we intend to use personal information for a materially different purpose that is incompatible with the purpose for which it was originally collected, we may provide additional notice, obtain consent where required, or take other measures required by applicable law.

Summary of How We Use Information

In general, Opti-mized may use information to:

  • Create, maintain, secure, and administer user accounts;
  • Authenticate users and manage access permissions;
  • Provide and operate the Opti-mized platform;
  • Operate Opti-mized hardware and connected services;
  • Receive and process Energy and Operational Data;
  • Understand customer facilities;
  • Determine appropriate hardware configurations;
  • Determine sensor, gateway, CT, and CT Hub requirements;
  • Prepare facility setup recommendations;
  • Estimate deployment and setup costs;
  • Review electrical panel, MCC, switchgear, and equipment photographs;
  • Extract relevant information from documents;
  • Create panel-by-panel configurations;
  • Map panels, circuits, sensors, and equipment;
  • Organize facility information;
  • Configure dashboards;
  • Establish equipment and facility baselines;
  • Analyze equipment behaviour;
  • Analyze facility behaviour;
  • Analyze runtime and cycling;
  • Analyze peak demand;
  • Analyze baseload and continuous loads;
  • Identify on-hours overusage;
  • Identify off-hours usage;
  • Identify environmental mismatches;
  • Identify idle and standby loads;
  • Identify high continuous loads;
  • Detect unusual or changing equipment behaviour;
  • Generate Facility Intelligence Data;
  • Identify potential energy-loss opportunities;
  • Estimate energy savings;
  • Estimate financial savings;
  • Calculate return on investment;
  • Calculate payback periods;
  • Evaluate retrofit opportunities;
  • Generate simulations and scenarios;
  • Generate reports;
  • Generate alerts;
  • Generate recommendations;
  • Prioritize opportunities;
  • Compare historical performance;
  • Support measurement and verification;
  • Provide portfolio analytics;
  • Process purchases;
  • Fulfill orders;
  • Administer billing;
  • Ship products;
  • Provide customer service;
  • Provide technical support;
  • Troubleshoot connectivity and hardware;
  • Maintain and improve our products;
  • Improve analytical systems;
  • Develop new products, features, analytics, and services;
  • Conduct research and development;
  • Conduct internal analytics;
  • Generate aggregated or de-identified information;
  • Develop benchmarks;
  • Monitor product performance;
  • Maintain data quality;
  • Maintain accurate customer records;
  • Communicate with customers and users;
  • Send operational and service-related communications;
  • Send marketing communications where permitted by applicable law;
  • Respond to sales inquiries;
  • Prepare quotations and proposals;
  • Manage customer relationships;
  • Coordinate contractors and service providers;
  • Protect our systems and customers;
  • Prevent fraud, misuse, and unauthorized access;
  • Detect and respond to security incidents;
  • Maintain business continuity;
  • Enforce our terms and agreements;
  • Maintain audit records;
  • Respond to privacy requests;
  • Comply with customer instructions;
  • Support authorized integrations;
  • Meet legal, accounting, tax, regulatory, and contractual obligations;
  • Establish, exercise, or defend legal claims;
  • Protect our rights, property, systems, users, customers, and personnel;
  • Support corporate, administrative, financial, and operational activities; and
  • Carry out other legitimate and lawful business purposes consistent with the circumstances in which the information was collected.

The specific purpose for which any particular information is used will depend on the nature of that information, the services being provided, the customer's instructions, the applicable relationship, and applicable legal requirements.

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05

Improving Our Products and Services

In short: We may use information from our products and services to improve our hardware, software, analysis, reports, security and support, while keeping appropriate protections in place.

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Opti-mized may use information generated, collected, received, derived, or created through the use of our products and services to operate, maintain, evaluate, improve, refine, test, validate, secure, expand, and develop the Opti-mized technology ecosystem.

Improving Opti-mized may involve improving existing products and services as well as researching, designing, testing, and developing new products, services, features, analytical capabilities, hardware, software, reports, workflows, detection methods, calculation methods, algorithms, models, classifications, recommendations, and other facility-intelligence capabilities.

Because Opti-mized is designed to transform facility, electrical, equipment, operational, and contextual information into useful intelligence, the performance of our technology may improve as we gain a better understanding of how facilities, electrical systems, equipment, hardware, software, and analytical methods behave under different conditions.

Accordingly, information collected through Opti-mized may, where appropriate and permitted, be used to improve the accuracy, reliability, usefulness, efficiency, security, scalability, and performance of our products and services.

Depending on the circumstances, information used for these purposes may include:

  • Energy and Operational Data;
  • Facility Intelligence Data;
  • Facility information;
  • Equipment information;
  • Circuit information;
  • Electrical-panel information;
  • MCC information;
  • Switchgear information;
  • Hardware information;
  • Gateway information;
  • Sensor information;
  • Device diagnostics;
  • Technical logs;
  • Historical measurements;
  • Equipment runtime information;
  • Equipment cycling information;
  • Demand information;
  • Baseload information;
  • Operating schedules;
  • Utility information;
  • Weather or environmental information where available;
  • Customer-provided classifications;
  • Customer corrections;
  • Facility configurations;
  • Equipment mappings;
  • User feedback;
  • Support information;
  • Platform usage information;
  • Product performance information;
  • Error information;
  • Diagnostic information;
  • Reports;
  • Customer-requested analyses;
  • Analytical outputs;
  • Aggregated statistics;
  • De-identified information;
  • Other information reasonably relevant to product development and improvement.

The particular information used depends on the product, feature, customer relationship, technical need, applicable contractual terms, and applicable law.

Not every category of customer information is used for every improvement purpose.

Improving the Accuracy of Facility Intelligence

A significant purpose of product improvement is to make Opti-mized's Facility Intelligence capabilities more accurate, useful, consistent, and actionable.

We may evaluate information to improve how our systems recognize and interpret facility and equipment behaviour.

For example, information may be used to improve how Opti-mized identifies or analyzes:

  • Equipment operating patterns;
  • Equipment runtime;
  • Equipment start and stop events;
  • Cycling behaviour;
  • Continuous loads;
  • Baseload;
  • Idle loads;
  • Standby loads;
  • On-hours energy usage;
  • Off-hours energy usage;
  • After-hours operation;
  • Demand peaks;
  • Peak-demand contribution;
  • Load patterns;
  • Equipment behaviour changes;
  • Deviations from historical baselines;
  • Environmental relationships;
  • Schedule mismatches;
  • Potential operational anomalies;
  • Potential energy-loss opportunities;
  • Potential retrofit opportunities;
  • Maintenance-related indicators;
  • Equipment classifications;
  • Circuit classifications;
  • Facility operating patterns;
  • Savings opportunities;
  • Cost estimates;
  • Return-on-investment calculations;
  • Payback calculations;
  • Other analytical outputs.

Improvement may involve examining whether the systems correctly identify patterns, whether analytical thresholds are appropriate, whether classifications are useful, whether calculations are consistent, and whether the resulting information is meaningful in actual facility environments.

Improving Runtime Detection

Opti-mized may use historical measurements and other appropriate information to improve the accuracy of runtime detection.

This may involve evaluating whether our analytical systems correctly identify:

  • Equipment startup;
  • Equipment shutdown;
  • Operating periods;
  • Idle periods;
  • Equipment cycles;
  • Partial-load operation;
  • Continuous operation;
  • Intermittent operation;
  • Short-duration operation;
  • Extended operation;
  • Operation outside scheduled hours.

Where a customer's configuration or equipment mapping indicates that an analytical result is incorrect or incomplete, that information may help us improve the customer-specific configuration and, where appropriate, broader analytical methods using aggregated or de-identified information.

Improving Cycling Analysis

We may use information to improve how Opti-mized detects and interprets equipment cycling.

Cycling analysis may involve understanding:

  • Typical cycle duration;
  • Typical number of cycles;
  • Start frequency;
  • Stop frequency;
  • Changes in cycle length;
  • Changes in cycling frequency;
  • Differences between scheduled and actual operation;
  • Differences across seasons;
  • Differences under different environmental conditions.

Improving cycling analysis may help Opti-mized provide more accurate operational insights and identify changes that may warrant investigation.

Improving Baseline Development

Opti-mized may use historical information to establish expected or representative operating baselines.

We may evaluate and improve methods used to create baselines based on:

  • Time of day;
  • Day of week;
  • Operating schedule;
  • Season;
  • Weather;
  • Outdoor temperature;
  • Facility operating status;
  • Historical runtime;
  • Historical demand;
  • Historical energy consumption;
  • Equipment-specific behaviour;
  • Facility-specific behaviour;
  • Other relevant contextual information.

Improved baseline methods can help reduce inaccurate comparisons and provide better context when determining whether current equipment or facility behaviour differs from what would ordinarily be expected.

Improving Anomaly Detection

Opti-mized may use information to evaluate and improve methods for identifying unusual or changing equipment and facility behaviour.

Potential anomaly-detection methods may consider:

  • Unusual runtime;
  • Unusual startup time;
  • Unusual shutdown time;
  • Increased power draw;
  • Reduced power draw;
  • Changes in cycling frequency;
  • Changes in load shape;
  • Changes in demand;
  • Changes in equipment operating schedule;
  • Changes in continuous-load characteristics;
  • Changes relative to historical operation;
  • Unexpected equipment activity;
  • Missing measurements;
  • Device communication issues;
  • Other departures from expected patterns.

Historical examples, customer feedback, technical review, and aggregated or de-identified information may help us improve the sensitivity and usefulness of these detection methods.

Our goal in improving anomaly detection is generally to identify meaningful deviations while reducing unnecessary or unhelpful alerts.

Improving Energy-Loss Detection

We may use information to improve the methods Opti-mized uses to identify potential energy-loss opportunities.

This may include improving our ability to identify patterns associated with:

  • On-hours overusage;
  • Off-hours usage;
  • Environmental mismatch;
  • Peak-demand contribution;
  • Idle or standby waste;
  • High continuous loads;
  • Potential retrofit opportunities;
  • Other avoidable or potentially avoidable energy use.

Product-improvement activities may involve evaluating how accurately these categories reflect actual facility conditions and how they should be presented, ranked, or prioritized.

Improving Savings Calculations

We may use information to evaluate and improve calculations relating to potential energy and financial savings.

This may involve evaluating:

  • Runtime assumptions;
  • Measured electrical loads;
  • Utility rates;
  • Demand charges;
  • Operating schedules;
  • Annualization methods;
  • Seasonal adjustments;
  • Baseline periods;
  • Avoided energy assumptions;
  • Savings ranges;
  • Estimated implementation effects;
  • Customer-provided cost information;
  • Other variables used in calculations.

Where appropriate, actual observed results after a customer takes action may be compared with prior estimates to help evaluate and improve calculation methodologies.

Such comparisons do not necessarily mean that information from one identifiable customer is used directly to make recommendations for another identifiable customer.

Broader learning and benchmarking may instead use aggregated, anonymized, de-identified, statistical, or otherwise appropriately protected information where reasonably practicable.

Improving Return-on-Investment and Payback Calculations

We may use information to improve the methods used to calculate or estimate:

  • Project costs;
  • Energy savings;
  • Financial savings;
  • Annual savings;
  • Simple payback;
  • Return on investment;
  • Cost-benefit comparisons;
  • Scenario comparisons;
  • Retrofit economics.

These calculations may depend on customer-specific inputs, assumptions, facility conditions, utility rates, project costs, and operating behaviour.

Improvement efforts may focus on making calculations easier to understand, more transparent, more consistent, and more representative of available data.

Improving Retrofit Analysis

Opti-mized may use facility and equipment information to improve tools designed to support retrofit evaluations.

This may include improving methods used to:

  • Establish current equipment performance;
  • Establish existing energy consumption;
  • Compare existing and proposed equipment;
  • Model operational changes;
  • Estimate potential reductions in consumption;
  • Estimate potential reductions in demand;
  • Compare alternative retrofit scenarios;
  • Evaluate potential financial performance;
  • Verify results after implementation.

Where appropriate, aggregated or de-identified historical information may also be used to improve general analytical methods used in retrofit evaluation.

Improving Predictive and Preventative Maintenance Indicators

Where supported by our services, we may use historical equipment behaviour and other relevant information to improve methods used to identify potential maintenance-related indicators.

This may include evaluating patterns such as:

  • Increasing runtime;
  • Increasing cycling;
  • Changes in electrical load;
  • Changes in power characteristics;
  • Changes in startup behaviour;
  • Changes in operating consistency;
  • Deviation from established baseline patterns;
  • Progressive changes over time.

These analytical methods are intended to support facility operators by identifying changes that may warrant additional review.

They are not intended to replace appropriate inspection, servicing, professional judgment, preventive maintenance programs, manufacturer guidance, or safety procedures.

Improving Equipment Classification

Opti-mized may use customer-provided equipment information, electrical patterns, photographs, circuit descriptions, technical information, and other data to improve how equipment is categorized or classified.

For example, systems may be improved to distinguish between different types of:

  • HVAC equipment;
  • Motors;
  • Pumps;
  • Fans;
  • Lighting;
  • Refrigeration equipment;
  • Heating equipment;
  • Process equipment;
  • Other electrical loads.

Customer corrections may also help improve the accuracy of equipment classifications.

Where such corrections contribute to broader product development, we may use aggregated, anonymized, de-identified, or otherwise appropriately protected information where reasonably practicable.

Improving Circuit and Equipment Mapping

Opti-mized may use configuration information to improve tools that help associate:

  • Sensors with circuits;
  • Circuits with equipment;
  • Equipment with panels;
  • Equipment with MCCs;
  • Equipment with switchgear;
  • Gateways with measurement points;
  • Equipment with facility areas;
  • Equipment with operating schedules.

Improving these relationships can make dashboards, reports, calculations, and Facility Intelligence Data more accurate and easier to understand.

Improving Photo and Document Processing

Where Opti-mized uses software-assisted or automated technologies to review facility photographs, equipment photographs, panel photographs, documents, utility bills, or other submitted materials, we may use appropriate information to improve those capabilities.

For example, improvements may relate to:

  • Reading electrical panel labels;
  • Identifying circuit information;
  • Identifying breaker numbers;
  • Identifying equipment names;
  • Identifying equipment categories;
  • Reading equipment nameplates;
  • Recognizing panel schedules;
  • Extracting information from utility bills;
  • Organizing facility documentation;
  • Associating photographs with facility records;
  • Identifying missing information;
  • Improving data-entry accuracy.

Where customer-specific files are used to perform or improve analysis for that customer, such use may involve identifiable facility information.

Where information is used for broader research or product improvement, we seek to use aggregated, anonymized, de-identified, limited, or otherwise appropriately protected information where reasonably practicable.

Improving Utility-Bill Analysis

We may use utility information to improve methods for interpreting and processing utility bills.

This may include improving our ability to identify:

  • Billing periods;
  • Electricity consumption;
  • Demand;
  • Rate classes;
  • Energy charges;
  • Demand charges;
  • Fixed charges;
  • Taxes;
  • Utility rates;
  • Historical usage;
  • Billing anomalies;
  • Other billing components.

Improvements may help reduce manual data entry and improve the accuracy of savings calculations and historical facility analysis.

Improving Facility Configuration

We may use facility setup information, installation records, customer feedback, support issues, and system activity to improve how customers configure facilities within Opti-mized.

This may include improving:

  • Facility setup forms;
  • Panel setup;
  • MCC setup;
  • Switchgear setup;
  • Circuit mapping;
  • Equipment mapping;
  • Hardware selection;
  • User permissions;
  • Facility hierarchies;
  • Configuration workflows;
  • Installation workflows;
  • Customer onboarding.

For example, if users frequently encounter difficulty completing a particular configuration step, we may use aggregated usage information or support feedback to simplify that step.

Improving Hardware Recommendations

We may evaluate facility configurations, installation records, hardware performance, and customer feedback to improve recommendations regarding:

  • Sensor quantities;
  • CT quantities;
  • CT sizes;
  • Gateway quantities;
  • CT Hub quantities;
  • Hardware placement;
  • Communications options;
  • Installation configuration;
  • Expansion requirements.

This can help make future facility setup processes more efficient and reduce unnecessary hardware or configuration complexity.

Improving Opti-mized Hardware

Information collected through installed hardware may be used to improve hardware reliability, functionality, performance, connectivity, and usability.

This may include analyzing:

  • Device health;
  • Gateway performance;
  • Sensor performance;
  • Data-transmission performance;
  • Connectivity;
  • Signal quality;
  • Firmware performance;
  • Device uptime;
  • Restart events;
  • Error rates;
  • Communication failures;
  • Installation configurations;
  • Power or measurement stability;
  • Other technical information.

This information may help us identify:

  • Hardware defects;
  • Firmware issues;
  • Connectivity problems;
  • Performance limitations;
  • Reliability improvements;
  • Installation improvements;
  • Configuration improvements;
  • Compatibility issues.

Improving Gateway Performance

We may use information generated by gateways to improve:

  • Wi-Fi reliability;
  • Ethernet reliability;
  • Cellular connectivity;
  • Cloud communication;
  • Reconnection behaviour;
  • Buffering;
  • Data transmission;
  • Firmware updates;
  • Device configuration;
  • Troubleshooting;
  • Network resilience.

For example, aggregated diagnostic information may help identify a firmware issue that affects a particular hardware version or communication method.

Improving Sensor and Measurement Quality

We may evaluate measurement information to improve the reliability and consistency of Opti-mized sensing technology.

This may include reviewing:

  • Signal quality;
  • Measurement stability;
  • Data gaps;
  • Unexpected readings;
  • Sensor errors;
  • Calibration behaviour;
  • Hardware configuration;
  • CT configuration;
  • Communication issues;
  • Measurement-channel behaviour.

These activities may help us improve hardware design, firmware, installation guidance, diagnostics, and analytical quality controls.

Improving Firmware

Information from installed hardware may be used to identify opportunities to improve firmware.

This may include:

  • Correcting bugs;
  • Improving communication stability;
  • Improving data transmission;
  • Improving device security;
  • Improving update processes;
  • Improving configuration handling;
  • Improving diagnostics;
  • Improving device compatibility;
  • Improving error recovery.

Firmware-improvement activities may use diagnostic and technical information associated with individual devices where necessary to diagnose a particular issue.

Where broader analysis is possible using aggregated or de-identified information, we may use those forms of information where reasonably practicable.

Improving the Opti-mized Platform

We may use information about platform performance and user interaction to improve the functionality, usability, reliability, and design of the Opti-mized platform.

This may include understanding:

  • Which features are used;
  • Which dashboards are viewed;
  • Which reports are accessed;
  • Which workflows are completed;
  • Which workflows are abandoned;
  • Which pages experience errors;
  • Which actions take longer than expected;
  • Which features generate support requests;
  • How users navigate the platform;
  • Which features customers find valuable.

We may use these insights to:

  • Simplify navigation;
  • Improve dashboards;
  • Improve visualizations;
  • Improve report access;
  • Improve search;
  • Improve filters;
  • Improve configuration tools;
  • Improve user permissions;
  • Improve alerts;
  • Improve onboarding;
  • Reduce errors;
  • Improve performance;
  • Develop new features.

Improving Reports

Opti-mized may use customer feedback, report usage, analytical results, and other appropriate information to improve Facility Intelligence Reports and other reporting functionality.

This may involve improving:

  • Report structure;
  • Report readability;
  • Report accuracy;
  • Visualizations;
  • Charts;
  • Graphs;
  • Tables;
  • Executive summaries;
  • Opportunity descriptions;
  • Savings calculations;
  • Recommendations;
  • Prioritization;
  • Equipment summaries;
  • Facility summaries;
  • Report-generation performance.

Improving Alerts and Notifications

We may use information about alert generation, customer responses, false positives, missed conditions, user preferences, and operational outcomes to improve alerts and notifications.

This may include improving:

  • Alert thresholds;
  • Alert relevance;
  • Alert timing;
  • Alert prioritization;
  • Notification frequency;
  • Notification wording;
  • Equipment-specific alerts;
  • Device-status alerts;
  • Energy-loss alerts;
  • Security alerts.

Our objective may include reducing unnecessary notifications while improving the likelihood that meaningful conditions are brought to the customer's attention.

Improving Recommendations

Opti-mized may evaluate whether recommendations are relevant, useful, understandable, and appropriately prioritized.

This may involve using:

  • Customer feedback;
  • Subsequent facility performance;
  • Customer actions;
  • Historical data;
  • Equipment information;
  • Utility information;
  • Analytical results.

Information may be used to improve how recommendations are:

  • Generated;
  • Described;
  • Ranked;
  • Grouped;
  • Prioritized;
  • Presented;
  • Supported by underlying data.

Improving Prioritization

Customers may identify a large number of potential opportunities across a facility or portfolio.

We may use appropriate information to improve methods for prioritizing opportunities based on factors such as:

  • Potential energy savings;
  • Potential financial savings;
  • Payback;
  • Frequency;
  • Duration;
  • Demand contribution;
  • Magnitude of consumption;
  • Customer priorities;
  • Equipment importance;
  • Historical recurrence;
  • Confidence in the underlying analysis.

Improving Customer-Specific Intelligence

Customer-specific information may be used to improve services specifically for that customer.

This is different from using information for general product development.

For example, Opti-mized may use a customer's own historical data to improve:

  • That customer's equipment baselines;
  • That customer's anomaly thresholds;
  • That customer's equipment classifications;
  • That customer's circuit mappings;
  • That customer's savings estimates;
  • That customer's runtime analysis;
  • That customer's operating schedules;
  • That customer's recommendations;
  • That customer's alerts;
  • That customer's reports.

As more information becomes available about a particular facility, Opti-mized may be able to provide more contextually appropriate intelligence for that facility.

For example, if the system learns that a particular facility normally operates later on Thursdays than on other weekdays, that information may help distinguish expected Thursday operation from potentially unnecessary after-hours activity.

Likewise, if a customer corrects an equipment label, updates an operating schedule, or identifies a particular circuit, that information may be used to improve future analysis for that customer's facility.

Customer-Specific Models, Baselines, and Configurations

Where applicable, Opti-mized may create customer-specific or facility-specific analytical configurations.

These may include:

  • Equipment baselines;
  • Operating schedules;
  • Alert thresholds;
  • Equipment classifications;
  • Circuit mappings;
  • Facility hierarchies;
  • Historical reference periods;
  • Customer-specific assumptions;
  • Utility-rate configurations;
  • Savings calculations;
  • Equipment behaviour profiles.

These configurations may evolve over time as additional information becomes available.

Customer-specific information may be used as necessary to operate and improve these customer-specific capabilities.

Learning From Customer Corrections

Customers and authorized users may occasionally correct, update, confirm, or supplement information within Opti-mized.

Examples may include:

  • Correcting an equipment name;
  • Changing a circuit label;
  • Updating an operating schedule;
  • Correcting a facility configuration;
  • Identifying an equipment type;
  • Confirming or rejecting a detected condition;
  • Updating utility-rate information;
  • Correcting an equipment association.

Such corrections may be used to improve the accuracy of the customer's configuration and future Facility Intelligence Data.

Where appropriate, patterns derived from corrections may also contribute to broader product improvement using aggregated, de-identified, anonymized, statistical, or otherwise appropriately protected information.

Learning From Customer Feedback

We may use customer feedback to improve Opti-mized.

Feedback may include:

  • Feature requests;
  • Suggestions;
  • Survey responses;
  • Support communications;
  • Product comments;
  • Usability feedback;
  • Report feedback;
  • Analytics feedback;
  • Hardware feedback;
  • Installation feedback;
  • Requests for additional functionality;
  • Reports of inaccurate classifications or detections.

Feedback may be evaluated individually and in aggregate to identify common needs and areas for improvement.

Learning From Support Interactions

Customer-support and technical-support records may help identify recurring problems or opportunities to improve our products.

For example, we may identify that customers frequently ask about:

  • A particular setup process;
  • A particular hardware configuration;
  • Connectivity;
  • Report interpretation;
  • Equipment mapping;
  • User permissions;
  • Sensor installation;
  • Facility configuration.

We may use this information to improve:

  • Product design;
  • Documentation;
  • Installation instructions;
  • Platform functionality;
  • Customer support;
  • Hardware configuration;
  • Troubleshooting tools.

Where broader analysis of support information is conducted, we may use aggregated or de-identified information where reasonably practicable.

Using Aggregated Information

Where reasonably practicable, Opti-mized may aggregate information before using it for broader research, analysis, benchmarking, product development, model improvement, or business intelligence.

Aggregation generally involves combining information relating to multiple records, devices, facilities, equipment items, users, customers, or time periods so that the resulting information focuses on broader patterns rather than an individual record.

Aggregated information may be used to understand matters such as:

  • General equipment operating patterns;
  • Typical facility baseload characteristics;
  • General hardware reliability;
  • Average gateway connectivity;
  • Typical sensor performance;
  • Common equipment runtime patterns;
  • Common energy-loss conditions;
  • Typical platform usage;
  • Common customer-support issues;
  • General product performance;
  • General system performance;
  • Broader energy-use trends.

For example, Opti-mized may determine that a certain category of equipment tends to exhibit a particular operating pattern across multiple facilities.

Such information may help us improve classification or analytical methods without requiring an individual customer's identity to be part of the resulting insight.

Using De-Identified Information

Where reasonably practicable, we may de-identify information before using it for broader product improvement, benchmarking, research, or development.

De-identification may involve removing, masking, modifying, generalizing, separating, or replacing information that could directly identify a particular individual or customer.

Depending on the circumstances, this may include removing or modifying:

  • Names;
  • Email addresses;
  • Telephone numbers;
  • Account identifiers;
  • Facility names;
  • Exact facility addresses;
  • Customer names;
  • User identifiers;
  • Other direct identifiers.

De-identification may also involve reducing the precision of certain information or combining information with other records.

The appropriate method depends on the information involved, the purpose for which it will be used, the technical environment, and applicable law.

Where information has been de-identified in a manner intended to prevent it from reasonably identifying an individual, we may use that information for legitimate purposes permitted by law.

Using Anonymized Information

In some circumstances, information may be anonymized so that it is not reasonably capable of being associated with an identifiable individual.

Anonymized information may be used for:

  • Statistical analysis;
  • Product development;
  • Research;
  • Benchmarking;
  • Model improvement;
  • Testing;
  • Performance analysis;
  • Business planning;
  • Other lawful purposes.

The availability and legal meaning of anonymization may vary by jurisdiction.

Accordingly, Opti-mized may apply different techniques depending on applicable requirements.

Using Statistical Information

We may generate statistical information from Opti-mized services.

Statistical information may relate to matters such as:

  • Number of connected devices;
  • Hardware reliability;
  • System uptime;
  • Data-transmission success rates;
  • Common equipment categories;
  • General operating patterns;
  • Typical runtime;
  • Typical demand patterns;
  • General facility energy trends;
  • Platform usage;
  • Feature adoption;
  • Report generation;
  • Support activity.

Statistical information may be used to improve products, allocate resources, evaluate performance, and inform product-development decisions.

Using Information for Benchmarking

Opti-mized may use appropriate information to develop or improve benchmarks.

Benchmarks may help users understand how a facility, equipment item, or system compares with:

  • Its own prior performance;
  • Its historical baseline;
  • Similar periods;
  • Similar operating conditions;
  • Comparable equipment;
  • Comparable facility characteristics;
  • Appropriate aggregated reference information.

For example, a benchmark may indicate whether a piece of equipment is operating longer than its own historical average.

Where benchmarking uses information across multiple customers, we may use aggregated, anonymized, de-identified, or otherwise appropriately protected information where reasonably practicable.

Internal Benchmarking

Some benchmarks may be used internally rather than presented directly to customers.

Internal benchmarks may help us evaluate:

  • Analytics performance;
  • Detection accuracy;
  • Hardware reliability;
  • Data quality;
  • System performance;
  • Model performance;
  • Alert frequency;
  • Error rates;
  • Customer-support patterns.

Improving Detection Thresholds

Many analytical systems depend on thresholds, parameters, rules, or reference ranges.

Opti-mized may evaluate information to determine whether these thresholds should be adjusted.

Examples may include thresholds used to identify:

  • After-hours operation;
  • High continuous loads;
  • Significant changes in runtime;
  • Significant changes in cycling;
  • Demand events;
  • Possible anomalies;
  • Changes in device health;
  • Data-quality issues.

Thresholds may be customer-specific, facility-specific, equipment-specific, or more general depending on the applicable feature.

Reducing False Positives

One purpose of analytical improvement may be to reduce cases in which the Opti-mized system identifies an issue, condition, or opportunity that does not ultimately appear meaningful.

We may evaluate detected conditions against:

  • Customer feedback;
  • Historical behaviour;
  • Updated equipment information;
  • Updated schedules;
  • Facility context;
  • Technical review;
  • Subsequent measurements.

This may help us refine future detection methods.

Reducing Missed Conditions

Similarly, we may evaluate cases where a meaningful pattern, operational condition, or energy-loss opportunity was not initially identified.

Where appropriate, those examples may help us improve detection logic or analytical methods.

Improving Confidence and Reliability

Where supported, Opti-mized may develop methods for evaluating the confidence, reliability, or quality of analytical outputs.

Relevant factors may include:

  • Data completeness;
  • Measurement quality;
  • Length of historical baseline;
  • Consistency of observed patterns;
  • Availability of contextual information;
  • Accuracy of equipment mapping;
  • Accuracy of utility-rate information;
  • Customer confirmation;
  • Historical recurrence.

We may use this information to improve how insights are prioritized or presented.

Evaluating Model and Algorithm Performance

Opti-mized may evaluate the performance of analytical models, algorithms, rules, calculations, or other automated systems.

Evaluation may consider:

  • Accuracy;
  • Consistency;
  • Reliability;
  • Relevance;
  • Sensitivity;
  • Specificity;
  • Error rates;
  • False positives;
  • False negatives;
  • Computational performance;
  • Scalability;
  • Data requirements;
  • Customer feedback.

Testing may be performed using customer-specific information where necessary to provide or troubleshoot a customer's service.

For broader product-development purposes, Opti-mized may use aggregated, de-identified, anonymized, synthetic, statistical, or otherwise appropriately protected information where reasonably practicable.

Testing New Analytical Methods

Before deploying new analytical functionality broadly, Opti-mized may test or validate new approaches.

Testing may involve:

  • Historical data analysis;
  • Simulation;
  • Synthetic data;
  • De-identified datasets;
  • Aggregated datasets;
  • Controlled testing environments;
  • Limited customer-specific testing where authorized or reasonably necessary;
  • Manual review;
  • Comparison with existing methods.

The purpose of testing is generally to determine whether new functionality performs reliably before it is relied upon in production environments.

Validation of Analytical Outputs

We may compare analytical outputs against other available information to evaluate whether they are reasonable.

For example, runtime estimates may be compared with:

  • Known operating schedules;
  • Customer observations;
  • Historical patterns;
  • Equipment specifications;
  • Manual measurements;
  • Other facility information.

Savings calculations may be compared with:

  • Utility bills;
  • Historical energy consumption;
  • Measured consumption;
  • Post-implementation results where available.

Human Review and Quality Assurance

Certain product-development, troubleshooting, validation, support, or quality-assurance activities may involve review by authorized Opti-mized personnel or authorized service providers.

Human review may be used to:

  • Validate analytical results;
  • Investigate unusual results;
  • Troubleshoot errors;
  • Review customer feedback;
  • Confirm equipment mappings;
  • Interpret complex facility information;
  • Review photographs or documents;
  • Evaluate new features;
  • Assess report quality;
  • Investigate model or algorithm performance.

Access to customer-specific information for these purposes should be limited to persons who require access for legitimate business or service purposes and may be subject to confidentiality, access-control, security, and contractual requirements.

Improving Through Measurement and Verification

Where customers implement operational changes, retrofits, equipment replacements, or other measures, Opti-mized may compare pre-implementation and post-implementation information.

Such comparisons may help:

  • Verify whether energy consumption changed;
  • Verify whether runtime changed;
  • Verify whether demand changed;
  • Evaluate the performance of an implemented measure;
  • Evaluate the accuracy of prior savings estimates;
  • Improve future calculation methods;
  • Improve analytical assumptions.

Where information from such projects contributes to broader product improvement, we may use aggregated or de-identified information where reasonably practicable.

Improving Energy Models

Opti-mized may use appropriate facility, operational, energy, utility, and environmental information to improve analytical models used to understand or estimate facility performance.

Model-improvement activities may involve:

  • Evaluating historical predictions;
  • Comparing predicted and measured performance;
  • Adjusting assumptions;
  • Improving seasonal adjustments;
  • Improving weather-related analysis;
  • Improving runtime estimates;
  • Improving demand estimates;
  • Improving savings calculations;
  • Improving scenario analysis.

Improving Weather and Environmental Analysis

Where weather or other environmental information is used in Opti-mized services, we may evaluate how environmental conditions relate to equipment and facility operation.

This may help improve methods used to identify:

  • Heating behaviour;
  • Cooling behaviour;
  • Weather-dependent loads;
  • Seasonal equipment usage;
  • Environmental mismatches;
  • Unusual HVAC operation;
  • Changes in energy consumption associated with temperature.

Improving Demand Analysis

We may use historical and aggregated demand information to improve how Opti-mized identifies:

  • Peak-demand periods;
  • Major demand contributors;
  • Simultaneous equipment operation;
  • Recurring demand patterns;
  • Demand-related opportunities;
  • Potential demand-reduction scenarios.

Improving Portfolio Intelligence

For customers with multiple facilities, we may use information to improve portfolio-level functionality.

This may include improving:

  • Facility comparisons;
  • Facility rankings;
  • Portfolio summaries;
  • Cross-facility benchmarking;
  • Opportunity prioritization;
  • Portfolio savings calculations;
  • Portfolio reporting;
  • Multi-facility dashboards.

Improving Data Quality Processes

We may use information to improve systems designed to detect and correct data-quality issues.

This may include improving detection of:

  • Missing measurements;
  • Duplicate data;
  • Incorrect timestamps;
  • Inconsistent equipment labels;
  • Incorrect circuit mappings;
  • Device misconfiguration;
  • Measurement gaps;
  • Unrealistic values;
  • Communication interruptions;
  • Incorrect facility associations.

Improving Automated Data Validation

Opti-mized may use historical information and known valid configurations to improve automated checks intended to identify inaccurate or incomplete information.

For example, automated validation may identify:

  • Missing panel information;
  • Incomplete facility setup;
  • Unmapped circuits;
  • Missing sensor assignments;
  • Invalid measurement ranges;
  • Inconsistent device identifiers;
  • Missing utility-rate information.

Improving Customer Setup and Onboarding

We may analyze customer setup activity to understand where users encounter difficulty.

This may include evaluating:

  • Completion rates;
  • Common missing information;
  • Frequently misunderstood questions;
  • Repeated corrections;
  • Support requests;
  • Upload errors;
  • Abandoned setup steps.

This information may help us simplify and improve onboarding.

Improving Deployment Efficiency

Installation and commissioning information may help us improve deployment processes.

For example, we may use information to improve:

  • Hardware packaging;
  • Sensor selection;
  • CT selection;
  • Gateway placement;
  • Installation instructions;
  • Commissioning procedures;
  • Connectivity setup;
  • Hardware labeling;
  • Facility configuration.

Improving Technical Support

Support records may be used to identify common technical issues and improve diagnostic tools.

This may help us develop:

  • Better troubleshooting guidance;
  • Automated diagnostics;
  • More useful error messages;
  • More reliable connectivity;
  • Improved self-service support;
  • Better training materials;
  • Faster issue resolution.

Improving Security

Information may also be used to improve the security of Opti-mized products and services.

This may include analyzing:

  • Login activity;
  • Unauthorized access attempts;
  • System logs;
  • Security incidents;
  • Device behaviour;
  • Network activity;
  • Authentication failures;
  • Application errors;
  • Security vulnerabilities;
  • Suspicious requests.

Security information may help us improve:

  • Authentication;
  • Access controls;
  • Security monitoring;
  • Incident detection;
  • Device security;
  • Firmware security;
  • Cloud security;
  • Account protection;
  • Abuse prevention.

Improving Reliability and Availability

We may analyze information relating to system reliability to improve the availability of Opti-mized services.

This may include:

  • Server performance;
  • Application response time;
  • API performance;
  • Database performance;
  • Gateway connectivity;
  • Device uptime;
  • Data-transmission reliability;
  • Report-generation reliability;
  • Notification-delivery reliability;
  • Error rates;
  • Service interruptions.

Improving Scalability

As the number of customers, facilities, users, devices, circuits, and measurements grows, we may use aggregated system-performance information to improve the ability of Opti-mized systems to operate efficiently at larger scale.

This may involve improving:

  • Data storage;
  • Data processing;
  • Database performance;
  • Cloud infrastructure;
  • Device communication;
  • Data aggregation;
  • Reporting;
  • Analytics processing;
  • Dashboard performance.

Capacity Planning

We may use aggregated technical and usage information to plan future infrastructure requirements.

This may include planning for:

  • Data storage;
  • Data-processing capacity;
  • Network capacity;
  • Device connectivity;
  • Server capacity;
  • Database capacity;
  • Backup capacity;
  • Customer-support capacity.

Developing New Products and Services

Information may be used to identify opportunities for new Opti-mized products, services, features, and capabilities.

For example, customer feedback and aggregated usage information may indicate demand for:

  • New reports;
  • New dashboards;
  • New equipment analytics;
  • New alerts;
  • New hardware configurations;
  • New sensor options;
  • New integrations;
  • New benchmarking;
  • New portfolio features;
  • New reporting formats;
  • New facility setup workflows.

Research and Development

Opti-mized may conduct internal research and development related to its products, services, technology, hardware, analytics, and facility-intelligence capabilities.

Research may focus on areas such as:

  • Electrical analytics;
  • Equipment behaviour;
  • Energy management;
  • Facility performance;
  • Sensor technology;
  • Gateway technology;
  • Data processing;
  • Detection methods;
  • Classification methods;
  • Anomaly detection;
  • Predictive indicators;
  • Energy-loss detection;
  • Retrofit analysis;
  • Savings calculation;
  • Demand management;
  • Benchmarking;
  • Reporting;
  • User experience.

Where reasonably practicable for broader research, we may use aggregated, anonymized, de-identified, synthetic, or otherwise appropriately protected information.

Synthetic Data

In some circumstances, Opti-mized may generate synthetic information designed to resemble relevant patterns without representing the actual data of a particular customer or individual.

Synthetic data may be used for:

  • Software testing;
  • Analytics testing;
  • Model development;
  • Demonstrations;
  • Quality assurance;
  • Development environments;
  • Security testing.

Use of synthetic information may reduce the need to use identifiable customer information for certain development activities.

Test and Development Environments

Where customer-derived information must be used for troubleshooting, testing, or development, Opti-mized may take reasonable measures appropriate to the circumstances to limit access and protect the information.

Where reasonably practicable, development and testing may instead use:

  • Synthetic data;
  • De-identified data;
  • Anonymized data;
  • Aggregated data;
  • Limited datasets;
  • Sample data.

Improving Through Aggregated Cross-Customer Insights

Opti-mized may gain valuable technical and analytical insights by evaluating patterns across multiple customers or facilities.

Where we perform broader cross-customer analysis, we seek to use aggregated, anonymized, de-identified, or otherwise appropriately protected information where reasonably practicable.

Examples of broader insights may include:

  • Typical equipment runtime ranges;
  • Common after-hours operating patterns;
  • General equipment load characteristics;
  • Hardware reliability trends;
  • Gateway connectivity trends;
  • Common facility setup configurations;
  • Common analytical errors;
  • General facility energy patterns;
  • Common detection categories;
  • Typical data-quality issues.

The purpose of such analysis is generally to improve the Opti-mized product rather than to expose one customer's information to another customer.

Protection of Customer Identity in Benchmarking

Where benchmarking is based on information from multiple customers, Opti-mized may take steps to reduce the likelihood that a benchmark identifies a particular customer.

Depending on the use case, such measures may include:

  • Aggregating multiple records;
  • Removing customer names;
  • Removing facility names;
  • Removing direct identifiers;
  • Generalizing facility characteristics;
  • Presenting ranges rather than individual values;
  • Applying minimum-group-size requirements where appropriate;
  • Limiting the precision of certain information;
  • Using statistical summaries.

The specific techniques used may depend on the type of information and the purpose of the benchmark.

Customer-Specific Data and Broader Product Improvement

There is an important distinction between using information to provide and improve services for a particular customer and using information for broader Opti-mized product development.

Opti-mized may use identifiable or customer-specific information where reasonably necessary to provide, maintain, troubleshoot, configure, secure, or improve services for that customer.

For example, customer-specific information may be needed to:

  • Investigate why a customer's sensor is reporting an unexpected reading;
  • Correct a customer's circuit mapping;
  • Improve a customer's equipment classification;
  • Adjust a customer's operating baseline;
  • Correct a savings calculation;
  • Diagnose a gateway issue;
  • Resolve a report error;
  • Improve a recommendation for that facility.

For broader research, benchmarking, product development, or generalized model improvement, we seek to use aggregated, anonymized, de-identified, statistical, synthetic, or otherwise appropriately protected information where reasonably practicable.

Limited Use of Identifiable Customer Information

There may be circumstances where identifiable customer information is reasonably necessary to diagnose, test, validate, or improve a product feature.

For example, a particular customer may report that a specific analytical output appears incorrect.

Investigating the issue may require authorized Opti-mized personnel to review:

  • The customer's facility configuration;
  • Relevant Energy and Operational Data;
  • Equipment mappings;
  • Operating schedules;
  • Historical information;
  • Analytical outputs;
  • Technical logs.

In such circumstances, customer-specific information may be used as reasonably necessary to investigate and correct the issue.

The use of such information should remain connected to legitimate operational, support, security, quality, or improvement purposes.

Access Controls for Product Improvement

Access to identifiable or customer-specific information used for product-improvement activities may be limited based on job responsibilities and business need.

Depending on our systems and internal processes, protections may include:

  • User authentication;
  • Role-based access;
  • Restricted permissions;
  • Logging;
  • Confidentiality obligations;
  • Security controls;
  • Segregation of systems;
  • Technical safeguards;
  • Administrative safeguards.

Service Providers Supporting Product Improvement

Opti-mized may use service providers to assist with software development, cloud infrastructure, analytics, security, technical support, data processing, testing, or other activities related to improving our products and services.

Where a service provider processes customer information on our behalf, its access should be limited to information reasonably necessary to provide the applicable service and governed by appropriate contractual, confidentiality, security, or data-processing obligations where required.

Service providers that process information on Opti-mized's behalf are different from unrelated third parties using customer information for their own independent purposes.

Artificial Intelligence, Machine Learning, and Automated Analytical Technologies

Opti-mized may use algorithms, statistical techniques, machine learning, artificial intelligence, automated analysis, rules-based systems, or other computational methods to operate or improve certain products and services.

These technologies may be used for purposes such as:

  • Identifying electrical patterns;
  • Detecting changes in equipment behaviour;
  • Identifying potential anomalies;
  • Classifying equipment;
  • Classifying circuits;
  • Identifying operating periods;
  • Estimating runtime;
  • Identifying energy-loss opportunities;
  • Supporting savings calculations;
  • Extracting information from photographs;
  • Extracting information from documents;
  • Organizing facility information;
  • Generating analytical summaries;
  • Prioritizing opportunities;
  • Improving reports;
  • Improving customer workflows.

The particular technologies used by Opti-mized may evolve over time.

Use of Customer Data in Opti-mized Analytical Systems

Customer-specific Facility Data, Energy and Operational Data, and related information may be processed by Opti-mized analytical systems where necessary to provide services to that customer.

For example, the system may analyze a customer's own electrical measurements in order to:

  • Establish that customer's equipment baseline;
  • Identify that customer's equipment runtime;
  • Detect changes within that customer's facility;
  • Calculate that customer's potential savings;
  • Generate that customer's Facility Intelligence Report;
  • Provide that customer's alerts or recommendations.

This customer-specific processing is a core part of providing the Opti-mized service and is distinct from training an unrelated general-purpose artificial intelligence model.

Generalized Model Improvement

Where Opti-mized develops or improves generalized analytical methods that may be used across multiple customers, we may use aggregated, anonymized, de-identified, synthetic, or otherwise appropriately protected information where reasonably practicable.

For example, generalized improvement may involve understanding whether a particular analytical method reliably detects equipment operation across a broad range of facility types.

In such cases, the relevant value may come from the pattern or statistical relationship rather than the identity of the customer that generated the underlying information.

Third-Party General-Purpose Artificial Intelligence Models

Opti-mized does not provide identifiable customer Facility Data or identifiable customer Energy and Operational Data to unrelated third parties for the purpose of training those third parties' general-purpose artificial intelligence models unless:

  • The customer has specifically authorized such use;
  • Such use has otherwise been clearly disclosed to the customer and is permitted by applicable law; or
  • Another lawful basis or circumstance expressly applicable to the relationship permits such processing.

For purposes of this provision, a general-purpose artificial intelligence model generally refers to a model designed for broad use across many unrelated applications or customers rather than a system used specifically to provide, host, process, secure, support, or improve Opti-mized services.

No Automatic Right for Unrelated Third Parties to Use Customer Data for Their Own AI Training

The fact that Opti-mized may use a third-party cloud provider, software provider, analytics provider, development tool, artificial intelligence service, or other technology provider does not, by itself, mean that such provider is authorized to use identifiable Opti-mized customer Facility Data or Energy and Operational Data to train its own general-purpose models for unrelated purposes.

Where third-party technology providers process information on behalf of Opti-mized, we seek to structure such processing in accordance with the applicable service arrangement, contractual requirements, available privacy controls, and applicable law.

The specific terms applicable to a particular provider may vary depending on the technology and service involved.

Customer Authorization for Additional Uses

A customer may choose to authorize additional uses of its information.

For example, a customer may choose to participate in:

  • Product pilots;
  • Beta programs;
  • Research programs;
  • Case studies;
  • Benchmarking initiatives;
  • Joint development;
  • Testing programs;
  • Customer advisory programs;
  • Additional analytical services.

Where participation involves uses materially beyond the ordinary operation of Opti-mized services, additional terms, disclosures, permissions, or consent may be provided where appropriate.

Product Pilots and Beta Features

Opti-mized may offer customers access to experimental, pilot, preview, beta, or early-access functionality.

Where customers participate, information generated through those features may be used to:

  • Evaluate performance;
  • Identify errors;
  • Improve functionality;
  • Measure usefulness;
  • Understand user experience;
  • Validate analytical results;
  • Determine whether to release the feature more broadly.

Additional disclosures may be provided where appropriate for a particular beta or pilot program.

Case Studies and Public Use

Using information internally to improve Opti-mized is different from publicly identifying a customer or publishing a customer case study.

Opti-mized will not treat the internal availability of customer information as automatic authorization to publicly identify a customer, publish identifiable facility information, or disclose customer-specific results for promotional purposes.

Where customer-identifying information or customer-specific results are to be used publicly in a testimonial, case study, marketing publication, or similar material, appropriate authorization may be obtained where required.

Aggregated Success Metrics

Opti-mized may use aggregated or de-identified information to describe general product performance, usage, or impact.

Examples could include aggregated statistics relating to:

  • Number of facilities using the platform;
  • Number of connected circuits;
  • Types of equipment analyzed;
  • General categories of opportunities identified;
  • Aggregate estimated savings;
  • General equipment patterns;
  • Product reliability;
  • Platform usage.

Where such statistics are publicly communicated, we may take reasonable steps appropriate to the circumstances to avoid unnecessarily identifying individual customers.

Internal Research Versus Public Disclosure

Information used internally for product improvement, testing, research, benchmarking, or quality assurance is not necessarily intended for public disclosure.

Opti-mized may maintain internal datasets, analytical results, benchmarks, performance statistics, or research findings without publicly identifying the customers or facilities that contributed to those findings.

Protecting Confidential Facility Information

Some facility information may be commercially, operationally, or technically sensitive even where it does not qualify as personal information under privacy law.

For example, information about:

  • Electrical infrastructure;
  • Equipment;
  • Facility schedules;
  • Energy consumption;
  • Utility costs;
  • Equipment performance;
  • Building systems;
  • Electrical distribution;
  • Operational patterns;
  • Facility layouts.

may be sensitive to a customer even though it does not identify a natural person.

Opti-mized may therefore apply contractual, technical, organizational, or security protections to customer Facility Data independently of whether the data constitutes personal information.

De-Identification Does Not Necessarily Mean Deletion of All Technical Characteristics

In order for de-identified or aggregated information to remain useful for product development, it may be necessary to retain certain technical characteristics.

For example, a de-identified dataset may retain information about:

  • Equipment category;
  • Facility category;
  • Approximate load;
  • Runtime;
  • Cycling;
  • Time period;
  • General environmental conditions;
  • General building characteristics.

The objective may be to remove or reduce identifying information while preserving the technical relationships necessary for legitimate analysis.

Re-Identification

Where Opti-mized treats information as de-identified for broader research or product-improvement purposes, we do not intend to use de-identification as a method for publicly exposing customer-specific information.

Where required by applicable law, we may maintain measures designed to prevent or limit inappropriate re-identification.

Data Minimization for Improvement Activities

Where reasonably practicable, Opti-mized may limit the amount of identifiable information used for broader product-improvement activities to what is reasonably necessary for the applicable purpose.

For example, a technical analysis of gateway communication reliability may not require customer names, user contact information, or billing information.

Similarly, evaluating a general equipment-load pattern may not require information identifying the facility's individual users.

The categories of information used should therefore depend on what is reasonably relevant to the improvement being performed.

Separation of Unrelated Information

Information collected for one purpose is not necessarily relevant to every product-improvement activity.

For example:

  • Payment-card information is not needed to improve equipment detection;
  • User telephone numbers are not needed to analyze sensor reliability;
  • Shipping addresses are not generally needed to improve runtime calculations;
  • Marketing preferences are not needed to improve electrical analytics.

We seek to use information in a manner reasonably related to the applicable purpose.

Data Retention and Product Improvement

The amount of historical information available may affect the performance of certain analytical features.

For example, longer historical periods may allow Opti-mized to:

  • Establish more representative baselines;
  • Compare seasonal performance;
  • Identify gradual behavioural changes;
  • Evaluate equipment trends;
  • Compare year-over-year performance;
  • Improve savings analysis;
  • Support measurement and verification.

Information used for product-improvement purposes remains subject to applicable retention practices, contractual obligations, and legal requirements described elsewhere in this Privacy Policy.

Product Improvement Following Account Closure

The termination or closure of a customer account does not necessarily require deletion of information that has already been validly aggregated, anonymized, or de-identified so that it is no longer reasonably associated with an identifiable individual, where retention and continued use are permitted by applicable law and applicable agreements.

Customer-specific information that remains identifiable will be handled in accordance with applicable retention, contractual, and legal requirements.

Product Improvement and Backups

Information may exist temporarily in system backups, disaster-recovery systems, logs, or archived records while ordinary retention and deletion processes are completed.

Such information may continue to be subject to security controls and applicable retention practices.

Accuracy and Limitations of Product Improvement

Although Opti-mized may use information to continuously improve analytical systems, no analytical method is perfect.

Equipment behaviour can vary because of:

  • Facility operations;
  • Weather;
  • Occupancy;
  • Maintenance;
  • Equipment replacement;
  • Equipment controls;
  • Changes in schedules;
  • Changes in utility rates;
  • Changes in production;
  • Changes in building use;
  • Data quality;
  • Sensor placement;
  • Customer configuration;
  • Other factors.

Accordingly, improvements to analytics do not guarantee that every detection, classification, estimate, recommendation, or prediction will be correct in every circumstance.

Estimates and Predictions

Information generated through improved models or analytical systems may include estimates or predictions rather than direct measurements.

Examples may include:

  • Estimated annual savings;
  • Estimated future energy use;
  • Estimated runtime;
  • Estimated payback;
  • Estimated retrofit performance;
  • Predicted maintenance indicators;
  • Expected equipment behaviour.

Such information should be interpreted in light of the available data, assumptions, and facility-specific conditions.

Continuous Improvement

Opti-mized may periodically revise or replace analytical methods as better information, technologies, techniques, or customer feedback become available.

As a result:

  • A calculation may change;
  • A baseline may be recalculated;
  • An equipment classification may be updated;
  • An alert threshold may change;
  • A recommendation may evolve;
  • A detection method may become more accurate;
  • A report format may change;
  • Historical information may be reprocessed using improved methods.

Such changes may occur as part of ordinary product development.

Reprocessing Historical Data

Where appropriate, Opti-mized may reprocess previously collected information using updated analytical methods.

For example, if a new method improves equipment classification or energy-loss detection, historical data may be analyzed again in order to provide improved results.

Reprocessing may help:

  • Improve historical comparisons;
  • Update baselines;
  • Identify previously undetected opportunities;
  • Improve equipment classifications;
  • Improve reports;
  • Improve customer-specific intelligence.

Versioning of Analytics

Different versions of Opti-mized analytics, calculations, models, firmware, or software may produce somewhat different outputs.

Opti-mized may maintain information regarding:

  • Model versions;
  • Algorithm versions;
  • Firmware versions;
  • Calculation versions;
  • Report versions;
  • Configuration versions.

This information can assist with troubleshooting, quality assurance, reproducibility, and improvement.

Monitoring the Impact of Changes

After making changes to software, hardware, algorithms, models, or analytics, we may evaluate performance to determine whether the change had the intended effect.

This may involve comparing:

  • Error rates;
  • Detection rates;
  • System performance;
  • Data quality;
  • Customer feedback;
  • Support volume;
  • Hardware performance;
  • Analytical accuracy.

Rollback and Correction

Where a software, firmware, analytical, or product change causes unexpected results, information may be used to investigate the issue and determine whether a correction, rollback, or further update is appropriate.

Internal Documentation

Information learned through product improvement may be incorporated into internal documentation, technical guidance, development standards, troubleshooting documentation, quality-assurance procedures, and product requirements.

Internal documentation may describe general patterns without necessarily retaining customer-identifying information.

Employee and Contractor Training

Authorized personnel may receive training based on generalized, aggregated, synthetic, de-identified, or appropriately limited examples derived from product experience.

Training may cover:

  • Facility setup;
  • Hardware installation;
  • Troubleshooting;
  • Customer support;
  • Equipment classification;
  • Analytical review;
  • Data quality;
  • Security;
  • Product functionality.

Where identifiable customer information is unnecessary, it should not be included merely for training convenience.

Evaluating Third-Party Technologies

Opti-mized may evaluate third-party technologies that could improve our services.

Evaluation may consider technologies for:

  • Cloud infrastructure;
  • Analytics;
  • Artificial intelligence;
  • Machine learning;
  • Document processing;
  • Image processing;
  • Security;
  • Communications;
  • Data storage;
  • Monitoring;
  • Customer support;
  • Software development.

Where customer information is involved in evaluating or using such technologies, we may consider factors such as:

  • The information required;
  • The provider's role;
  • Contractual protections;
  • Security;
  • Data retention;
  • Available privacy controls;
  • Whether the provider uses information for its own purposes;
  • Applicable law;
  • Customer commitments.

Avoiding Unnecessary Third-Party AI Training

Where Opti-mized uses third-party artificial intelligence or machine-learning technologies to support its services, we may seek available configurations, contractual terms, enterprise controls, or service arrangements that limit the provider's independent use of identifiable customer information for unrelated general-purpose model training.

The availability and nature of such controls may vary among providers and over time.

Opti-mized may evaluate those considerations as part of selecting and managing service providers.

No Sale of Customer Intelligence Merely Because It Has Analytical Value

The fact that customer Facility Data, Energy and Operational Data, or Facility Intelligence Data may be valuable for improving Opti-mized's technology does not, by itself, make such information publicly available or eliminate applicable confidentiality, security, contractual, or privacy protections.

Any disclosure to third parties remains subject to the provisions of this Privacy Policy, applicable agreements, and applicable law.

Improvement of Services Does Not Change Customer Ownership or Contractual Rights

The use of information to operate, maintain, develop, or improve Opti-mized does not by itself alter any ownership, licensing, confidentiality, or other rights established under applicable customer agreements.

Where customer agreements contain specific provisions regarding customer data, derived information, confidentiality, intellectual property, or product improvement, those provisions may apply in addition to this Privacy Policy.

Requests and Contractual Restrictions

Certain customers may have contractual requirements concerning how their data may be used.

Where applicable, Opti-mized may implement customer-specific restrictions required by an applicable agreement.

Such restrictions may affect whether and how information can be used for:

  • Benchmarking;
  • Research;
  • Product development;
  • Model improvement;
  • Case studies;
  • Public reporting;
  • Cross-customer analytics.

Legal Requirements

Our ability to use information for product improvement may also depend on applicable privacy, data-protection, confidentiality, cybersecurity, contract, and other laws.

Where consent or another specific legal basis is required, we may take appropriate measures to satisfy that requirement.

Changes to Improvement Practices

Opti-mized's technology, analytical methods, and use of artificial intelligence may evolve over time.

New technologies may create new ways to:

  • Analyze facility information;
  • Process documents;
  • Analyze photographs;
  • Classify equipment;
  • Detect energy loss;
  • Generate recommendations;
  • Develop benchmarks;
  • Improve user experience.

If our practices materially change in a way that affects how personal information is used, we may update this Privacy Policy, provide additional notice, obtain consent where required, or take other measures required by applicable law.

Summary of Our Approach to Product Improvement

At a high level, Opti-mized may use information generated through our products and services to:

  • Improve our technology;
  • Improve our hardware;
  • Improve our sensors;
  • Improve our gateways;
  • Improve firmware;
  • Improve connectivity;
  • Improve data quality;
  • Improve facility setup;
  • Improve equipment mapping;
  • Improve circuit mapping;
  • Improve equipment classification;
  • Improve document processing;
  • Improve photograph processing;
  • Improve utility-bill analysis;
  • Improve runtime detection;
  • Improve cycling analysis;
  • Improve baseline development;
  • Improve anomaly detection;
  • Improve energy-loss detection;
  • Improve demand analysis;
  • Improve savings calculations;
  • Improve ROI and payback calculations;
  • Improve retrofit simulations;
  • Improve maintenance indicators;
  • Improve reports;
  • Improve alerts;
  • Improve recommendations;
  • Improve opportunity prioritization;
  • Improve customer-specific Facility Intelligence;
  • Improve portfolio-level intelligence;
  • Improve benchmarking;
  • Improve security;
  • Improve reliability;
  • Improve scalability;
  • Improve customer support;
  • Improve user experience;
  • Develop new products, analytics, models, features, hardware, and services;
  • Conduct testing, research, quality assurance, and product development;
  • Create aggregated, statistical, anonymized, or de-identified insights where appropriate; and
  • Continually improve the usefulness and performance of Opti-mized.

Where reasonably practicable, broader research, benchmarking, product development, generalized analytical improvement, and model-development activities may use aggregated, anonymized, de-identified, synthetic, statistical, or otherwise appropriately protected information rather than information that directly identifies a customer or individual.

Customer-specific information may continue to be used where reasonably necessary to provide, maintain, troubleshoot, secure, configure, analyze, personalize, or improve Opti-mized services for that customer.

Opti-mized does not provide identifiable customer Facility Data or identifiable customer Energy and Operational Data to unrelated third parties for the purpose of training those third parties' general-purpose artificial intelligence models unless specifically authorized by the customer, otherwise clearly disclosed, or otherwise permitted in accordance with applicable law and the applicable customer relationship.

Our objective is to improve Opti-mized using the information necessary to make our products more accurate, useful, reliable, secure, and effective while maintaining appropriate protections for customer, facility, operational, and personal information.

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06

Aggregated and De-Identified Data

In short: We may combine or de-identify information so it no longer identifies you, and use it for purposes such as research, benchmarking and product development.

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Opti-mized may create, derive, generate, compile, combine, transform, summarize, anonymize, de-identify, pseudonymize, generalize, statistically process, or otherwise modify information collected through our products and services so that the resulting information is less directly associated with, or is no longer reasonably capable of identifying, a particular individual, customer representative, user, account, facility, or other identifiable record, depending on the purpose and the technical method used.

Aggregated and de-identified information can allow Opti-mized to understand broader patterns, improve products and services, evaluate technology performance, develop analytical methods, create benchmarks, conduct research, plan infrastructure, understand customer needs, and develop new functionality without unnecessarily relying on information that directly identifies a particular individual or customer.

The form of information used for these purposes may vary.

In some circumstances, information may be aggregated, meaning that multiple records, measurements, facilities, equipment items, devices, users, customers, time periods, or other data points are combined and analyzed together.

In other circumstances, information may be de-identified, meaning that information reasonably capable of directly identifying a person, customer, facility, account, or other identifiable record is removed, modified, obscured, generalized, separated, replaced, or otherwise processed in a manner intended to reduce the ability to associate the information with an identifiable subject.

In some circumstances, information may be anonymized, meaning that the information is processed in a manner intended to prevent it from being reasonably associated with an identifiable individual, subject to the legal and technical standards applicable in the relevant jurisdiction.

We may also use statistical, synthetic, pseudonymized, masked, tokenized, generalized, or otherwise protected forms of information where appropriate.

The exact method used may depend on the nature of the information, the purpose of the analysis, the technical environment, the risks associated with the information, the size of the dataset, applicable contractual requirements, and applicable law.

Why We Create Aggregated and De-Identified Information

Opti-mized may create aggregated, anonymized, or de-identified information in order to obtain useful analytical and technical insights while reducing unnecessary use of directly identifiable information.

For example, understanding whether a particular gateway model experiences a certain type of connectivity issue does not ordinarily require us to know the name of the customer that owns the gateway.

Similarly, understanding general runtime patterns for a category of rooftop units may not require the exact identity or street address of the facility in which those units are located.

Aggregated and de-identified information may therefore allow Opti-mized to improve technology and understand broader patterns while limiting the amount of customer-identifying or person-identifying information used for those purposes.

Information That May Be Aggregated or De-Identified

Depending on the circumstances, we may create aggregated or de-identified information from categories of information such as:

  • Energy and Operational Data;
  • Facility Intelligence Data;
  • Facility information;
  • Equipment information;
  • Electrical panel information;
  • MCC information;
  • Switchgear information;
  • Circuit information;
  • Equipment classifications;
  • Equipment runtime;
  • Equipment cycling;
  • Demand information;
  • Baseload information;
  • Off-hours usage information;
  • On-hours usage information;
  • Environmental correlation information;
  • Historical electrical consumption;
  • Utility information;
  • Savings estimates;
  • Financial estimates;
  • Payback calculations;
  • Retrofit-related information;
  • Hardware information;
  • Gateway information;
  • Sensor information;
  • CT information;
  • Device health information;
  • Device connectivity information;
  • Diagnostic information;
  • Firmware information;
  • System logs;
  • Product usage information;
  • Platform usage information;
  • Support information;
  • Report usage;
  • Website usage;
  • Analytics information;
  • Customer feedback;
  • Configuration information;
  • Installation information;
  • Technical information;
  • Other information generated through the use of Opti-mized products and services.

The inclusion of a category in this section does not mean that all information within that category is necessarily aggregated or de-identified, nor does it mean that every category is used for every purpose.

Aggregation Across Measurements

Opti-mized systems may collect large numbers of electrical measurements over time.

Individual measurements may be combined to create broader summaries.

For example, measurements may be aggregated into:

  • Minute-level summaries;
  • Hourly summaries;
  • Daily summaries;
  • Weekly summaries;
  • Monthly summaries;
  • Annual summaries;
  • Equipment-level summaries;
  • Circuit-level summaries;
  • Panel-level summaries;
  • Building-level summaries;
  • Facility-level summaries;
  • Portfolio-level summaries.

Aggregation can make information easier to analyze, display, store, compare, and interpret.

It may also reduce reliance on extremely granular information where that level of detail is not necessary for the applicable purpose.

Aggregation Across Equipment

We may combine information from multiple pieces of equipment in order to understand broader equipment patterns.

For example, aggregated information may be used to evaluate:

  • Typical runtime for a category of equipment;
  • Typical cycling behaviour;
  • Typical load characteristics;
  • Typical demand contribution;
  • Common operating schedules;
  • Common energy-loss opportunities;
  • Typical changes in equipment behaviour;
  • Common maintenance indicators;
  • Typical equipment performance ranges;
  • General equipment usage trends.

Equipment-level aggregation may occur within a single facility, across multiple facilities of the same customer, or across multiple appropriately protected datasets where permitted.

Aggregation Across Facilities

Information may be aggregated across multiple facilities in order to understand broader facility-level trends.

Examples may include:

  • Average facility energy consumption;
  • Typical baseload characteristics;
  • Average off-hours energy use;
  • Common demand peaks;
  • Facility-level operating patterns;
  • Common equipment categories;
  • Typical facility runtime patterns;
  • Common energy-loss opportunities;
  • Portfolio performance;
  • General facility energy trends.

Where cross-customer information is used, we may apply de-identification, aggregation, minimum group sizes, or other protections where reasonably practicable.

Aggregation Across Time Periods

We may aggregate information across different time periods to understand trends.

For example, we may compare:

  • Daily averages;
  • Weekly averages;
  • Monthly averages;
  • Seasonal averages;
  • Annual averages;
  • Historical periods;
  • Pre-implementation and post-implementation periods;
  • Weekdays and weekends;
  • Operating hours and non-operating hours.

Time-based aggregation may support trend analysis, baseline development, benchmarking, reporting, and product improvement.

Aggregation Across Customers

Where permitted and appropriate, Opti-mized may aggregate information from multiple customers for broader analytical, benchmarking, technical, or research purposes.

Cross-customer aggregation may allow us to understand matters such as:

  • Common equipment behaviours;
  • Common facility operating patterns;
  • Typical hardware performance;
  • General connectivity performance;
  • Typical runtime ranges;
  • Typical demand patterns;
  • Common energy-loss categories;
  • General savings patterns;
  • Common facility configuration approaches;
  • Product usage trends;
  • Support trends;
  • System reliability trends.

Where information is aggregated across multiple customers, our objective is generally to analyze broader patterns rather than expose the identifiable data of a particular customer.

De-Identification of Customer Information

Where reasonably practicable, Opti-mized may remove or modify customer-identifying information before using information for broader research, benchmarking, analytics, or product development.

Depending on the circumstances, de-identification may involve removing, modifying, obscuring, masking, or replacing information such as:

  • Customer name;
  • Organization name;
  • Municipality name;
  • Facility name;
  • Exact street address;
  • Customer account number;
  • User name;
  • User email address;
  • Telephone number;
  • Account identifier;
  • Facility identifier;
  • Project identifier;
  • Device identifier;
  • Other direct identifiers.

In some circumstances, certain technical identifiers may be replaced with randomized, internal, tokenized, or pseudonymous identifiers to permit analysis without using the original identifier.

Generalization of Information

De-identification may also involve reducing the precision or specificity of information.

For example:

  • An exact facility address may be replaced with a broader geographic region;
  • An exact equipment installation date may be converted to a general year or age range;
  • Exact facility square footage may be converted to a size range;
  • Exact energy consumption values may be converted to bands or categories;
  • Exact timestamps may be converted to broader time intervals;
  • A specific facility may be categorized only by general facility type;
  • A precise equipment model may be grouped into a broader equipment category.

Generalization may help preserve useful analytical relationships while reducing identifying detail.

Masking and Tokenization

Where appropriate, we may replace certain identifiers with internal codes, tokens, hashes, or other representations.

This may allow systems to associate related records without displaying or directly using the original identifier.

For example, a customer or facility identifier may be replaced with an internal analytical identifier when conducting certain analyses.

The specific techniques used depend on the technical system and purpose involved.

Pseudonymized Information

Certain information may be pseudonymized rather than fully anonymized.

Pseudonymized information may retain the ability to be associated with the original record through separate information, keys, or internal systems.

Where pseudonymized information remains capable of being linked back to an identifiable individual or customer, it may continue to be treated as personal information or confidential customer information where required.

Pseudonymization is therefore not necessarily equivalent to anonymization.

Anonymized Information

In some circumstances, we may process information in a manner intended to make it no longer reasonably associated with an identifiable individual.

Where information has been effectively anonymized in accordance with applicable legal standards, it may no longer constitute personal information under certain privacy laws.

The legal standard for anonymization may vary by jurisdiction.

Opti-mized may therefore apply different methods depending on applicable requirements.

De-Identified Facility Data

Facility information may also be de-identified even where the information is not personal information.

For example, facility information may be de-identified by removing:

  • Facility name;
  • Street address;
  • Customer name;
  • Project name;
  • Unique account identifiers;
  • Unique facility identifiers;
  • Other information that could reasonably reveal the facility's identity.

The resulting information may still contain useful characteristics such as:

  • Facility type;
  • Approximate size;
  • Equipment categories;
  • General geographic region;
  • General operating schedule;
  • Energy-use characteristics;
  • Runtime characteristics;
  • Demand characteristics;
  • Equipment behaviour.

Such information may be useful for benchmarking and product development without identifying the specific facility involved.

De-Identified Energy and Operational Data

Energy and Operational Data may be processed so that it is no longer directly associated with a particular identified customer or facility.

For example, de-identified electrical data may retain:

  • Load shape;
  • Runtime;
  • Cycling;
  • Energy consumption;
  • Demand characteristics;
  • Equipment category;
  • Time-of-day pattern;
  • General seasonal context.

while removing or replacing:

  • Customer identity;
  • Facility identity;
  • Account information;
  • User information;
  • Exact facility address;
  • Other direct identifiers.

This can allow Opti-mized to study electrical and operational patterns while reducing the amount of identifiable customer context attached to the information.

De-Identified Facility Intelligence Data

Facility Intelligence Data may also be aggregated or de-identified.

This may include information relating to:

  • Detected operating patterns;
  • Energy-loss opportunities;
  • Savings estimates;
  • Runtime analysis;
  • Cycling analysis;
  • Demand analysis;
  • Anomaly indicators;
  • Equipment classifications;
  • Maintenance indicators;
  • Retrofit opportunities;
  • Benchmarking results.

For example, Opti-mized may evaluate how frequently a certain type of equipment generates an off-hours usage finding across a broad group of facilities without identifying the facilities involved.

Facility Energy Performance Trends

Aggregated or de-identified information may be used to analyze general facility energy performance.

This may include trends relating to:

  • Total energy consumption;
  • Energy consumption by facility type;
  • Energy consumption by equipment category;
  • Seasonal energy performance;
  • Energy use during operating hours;
  • Energy use outside operating hours;
  • Baseload;
  • Demand;
  • Changes in energy performance;
  • General savings opportunities.

Such analysis may help Opti-mized improve analytics and provide better context for customer-specific results.

Equipment Operating Behaviour

We may use aggregated or de-identified information to understand equipment operating behaviour.

This may include analyzing:

  • Typical runtime;
  • Typical cycling;
  • Start and stop patterns;
  • Load characteristics;
  • Operating frequency;
  • Continuous load;
  • Idle load;
  • Standby behaviour;
  • Seasonal behaviour;
  • Changes in electrical behaviour;
  • General equipment performance.

For example, we may analyze the typical runtime range for a category of pumps across multiple de-identified facilities.

Energy-Saving Opportunities

Aggregated or de-identified information may be used to understand the types of energy-saving opportunities that occur across different facilities or equipment categories.

This may include trends relating to:

  • Off-hours usage;
  • On-hours overusage;
  • Environmental mismatch;
  • Peak-demand contribution;
  • Idle or standby loads;
  • High continuous loads;
  • Retrofit opportunities;
  • Operational schedule changes;
  • Other energy-loss categories.

This may help Opti-mized improve detection methods, ranking, savings calculations, and recommendations.

Hardware Performance

We may aggregate information relating to Opti-mized hardware to evaluate:

  • Sensor reliability;
  • Gateway reliability;
  • CT performance;
  • CT Hub performance;
  • Device uptime;
  • Device restart frequency;
  • Connectivity;
  • Signal quality;
  • Firmware performance;
  • Data transmission;
  • Error rates;
  • Hardware lifespan;
  • Device replacement trends;
  • Common installation issues;
  • Environmental operating conditions.

For example, we may analyze aggregated gateway connectivity statistics to determine whether a firmware update improves reliability.

Product Usage

We may aggregate information about how customers or users interact with Opti-mized products and services.

This may include:

  • Features accessed;
  • Dashboards viewed;
  • Reports generated;
  • Reports downloaded;
  • Facilities configured;
  • Equipment added;
  • Alerts used;
  • Notifications configured;
  • Configuration workflows completed;
  • Website usage;
  • Platform activity;
  • Support interactions;
  • Feature adoption.

Product usage analysis may help us understand which features are useful and where improvements may be needed.

System Reliability

Aggregated technical information may be used to evaluate system reliability.

This may include:

  • Server uptime;
  • Application availability;
  • API performance;
  • Database performance;
  • Gateway connectivity;
  • Data-transmission success;
  • Data-processing success;
  • Error rates;
  • Notification delivery;
  • Report-generation performance;
  • Software crashes;
  • Service interruptions.

This information may be used for engineering, capacity planning, reliability improvement, quality assurance, and incident prevention.

Operational Patterns

We may analyze aggregated operational patterns such as:

  • Typical facility opening hours;
  • Typical equipment operating schedules;
  • Weekend operation;
  • Seasonal operation;
  • Overnight loads;
  • Equipment runtime distributions;
  • Demand patterns;
  • Baseload patterns;
  • Common schedule mismatches;
  • Changes in operations over time.

These insights may help Opti-mized improve models and analytical methods.

Facility-Type Benchmarks

Aggregated or de-identified information may be used to develop benchmarks based on facility characteristics.

Facility categories may include, for example:

  • Office buildings;
  • Municipal buildings;
  • Arenas;
  • Recreation facilities;
  • Swimming pools;
  • Warehouses;
  • Grocery stores;
  • Retail facilities;
  • Industrial facilities;
  • Public works facilities;
  • Water or wastewater facilities;
  • Community buildings;
  • Other commercial or institutional facilities.

Benchmarks may consider factors such as:

  • Facility size;
  • Operating hours;
  • Equipment mix;
  • Energy use;
  • Demand;
  • Baseload;
  • Runtime;
  • Savings opportunities.

Equipment Benchmarks

We may develop benchmarks for equipment categories using aggregated or de-identified information.

For example, benchmarks may relate to:

  • Typical runtime;
  • Typical energy consumption;
  • Typical cycling;
  • Typical load;
  • Typical demand contribution;
  • Typical operating schedule;
  • Typical savings opportunities;
  • Typical baseline behaviour.

These benchmarks may provide context for customer-specific equipment analysis.

Historical Benchmarks

Some benchmarks may be based on a customer's own historical information rather than cross-customer data.

For example, current equipment behaviour may be compared with:

  • Its own historical average;
  • Its own prior year;
  • Its own seasonal baseline;
  • Similar weekdays;
  • Similar environmental conditions.

In these circumstances, the benchmark may remain customer-specific rather than de-identified.

Cross-Customer Benchmarks

Where Opti-mized develops benchmarks based on information from multiple customers, we may take steps designed to reduce the likelihood that individual customers or facilities can be identified.

Depending on the circumstances, these steps may include:

  • Combining information from multiple customers;
  • Requiring a minimum number of records before presenting a benchmark;
  • Removing customer names;
  • Removing facility names;
  • Removing exact addresses;
  • Generalizing facility characteristics;
  • Using ranges;
  • Using averages;
  • Using medians;
  • Using percentiles;
  • Limiting precision;
  • Suppressing unusually small categories;
  • Applying other statistical protections.

Benchmarking Does Not Necessarily Mean Customer Comparison

The use of information for benchmarking does not necessarily mean that Opti-mized will provide one customer with another customer's identifiable information.

Benchmarks may instead present generalized reference information, ranges, averages, percentiles, classifications, or other statistical summaries.

Research

Aggregated, anonymized, or de-identified information may be used for internal research relating to:

  • Facility energy performance;
  • Electrical behaviour;
  • Equipment behaviour;
  • Demand management;
  • Energy-loss detection;
  • Equipment classification;
  • Baseline development;
  • Savings analysis;
  • Hardware performance;
  • Connectivity;
  • Data quality;
  • System reliability;
  • Facility intelligence;
  • Retrofit analysis;
  • Predictive indicators;
  • Other areas related to Opti-mized products and services.

Research may help us identify new methods for improving facility intelligence and the usefulness of our products.

Product Development

We may use aggregated or de-identified information in the research, design, development, testing, validation, and improvement of Opti-mized products.

This may include development of:

  • New platform features;
  • New dashboards;
  • New reports;
  • New analytics;
  • New detection methods;
  • New algorithms;
  • New models;
  • New hardware;
  • New sensors;
  • New gateways;
  • New firmware;
  • New integrations;
  • New APIs;
  • New customer workflows;
  • New facility setup tools;
  • New reporting formats;
  • New benchmarking functionality;
  • New portfolio features.

Improving Algorithms

Aggregated or de-identified information may help us evaluate and improve analytical algorithms.

For example, we may use protected historical information to evaluate whether an algorithm accurately identifies:

  • Equipment runtime;
  • Equipment cycles;
  • Off-hours use;
  • Continuous loads;
  • Demand contributions;
  • Equipment anomalies;
  • Savings opportunities.

Improving Models

Where Opti-mized uses statistical, analytical, machine-learning, or other models, aggregated, de-identified, anonymized, or synthetic information may be used where reasonably practicable for generalized model development and improvement.

This may include improving models used for:

  • Equipment classification;
  • Pattern recognition;
  • Anomaly detection;
  • Runtime analysis;
  • Savings estimation;
  • Demand analysis;
  • Predictive indicators;
  • Facility benchmarking;
  • Data validation;
  • Other analytical purposes.

Improving Detection Methods

Aggregated or de-identified examples of known operating conditions may help us improve energy-loss and anomaly detection.

For example, we may study general patterns associated with:

  • Equipment running after hours;
  • Excessive runtime;
  • High continuous loads;
  • Repeated demand peaks;
  • Standby loads;
  • Unusual cycling;
  • Environmental mismatch.

These patterns may help refine future detection methods.

Improving Savings Calculations

We may use aggregated or de-identified information to evaluate the performance of savings methodologies.

This may include comparing estimated savings with observed results where appropriate and available.

We may use those comparisons to improve:

  • Runtime assumptions;
  • Cost calculations;
  • Annualization methods;
  • Seasonal adjustments;
  • Demand assumptions;
  • Savings ranges;
  • Confidence ranges;
  • Other calculation methods.

Measurement and Verification Research

Aggregated or de-identified before-and-after information may be used to understand how well certain analytical methods estimate actual outcomes.

For example, we may compare:

  • Estimated runtime reduction with measured runtime reduction;
  • Estimated energy savings with measured savings;
  • Estimated demand reduction with observed demand;
  • Estimated changes in equipment operation with post-implementation behaviour.

This may help improve future measurement and verification capabilities.

Testing and Quality Assurance

Aggregated and de-identified information may be used for testing.

This may include:

  • Software testing;
  • Hardware testing;
  • Analytics testing;
  • Regression testing;
  • Performance testing;
  • Data-quality testing;
  • Report testing;
  • User-interface testing;
  • Reliability testing;
  • Security testing.

Where practical, we may use de-identified, anonymized, aggregated, limited, or synthetic information instead of directly identifiable customer information in testing environments.

Synthetic Information

Opti-mized may create synthetic information based on general characteristics or patterns observed in real-world data.

Synthetic information is designed to resemble relevant technical characteristics without representing the actual identifiable information of a specific customer, facility, or individual.

Synthetic information may be used for:

  • Software development;
  • Testing;
  • Demonstrations;
  • Analytics development;
  • Quality assurance;
  • Model development;
  • Training internal systems;
  • Security testing.

Demonstration Environments

We may use synthetic, anonymized, de-identified, aggregated, or sample information in demonstration environments where reasonably practicable.

This can reduce the need to display actual identifiable customer information when demonstrating Opti-mized functionality to prospective customers, partners, employees, contractors, or other audiences.

Internal Analytics

Aggregated information may be used for internal business analytics.

For example, we may evaluate:

  • Number of customers;
  • Number of facilities;
  • Number of connected devices;
  • Number of measured circuits;
  • Platform usage;
  • Report generation;
  • Customer support volume;
  • Product adoption;
  • Hardware deployment;
  • Feature usage;
  • System reliability;
  • Customer retention;
  • Business growth.

Internal analytics may be used to allocate resources, plan product development, improve customer service, and operate our business.

Commercial Planning

Aggregated or de-identified information may be used for commercial planning.

This may include understanding:

  • Which facility types most frequently use particular features;
  • Which hardware configurations are most common;
  • Which equipment categories are frequently analyzed;
  • Which analytical features are most useful;
  • Which services customers commonly request;
  • Which products require additional support;
  • Which capabilities may warrant future investment.

Commercial planning may inform pricing, product strategy, staffing, infrastructure planning, market development, or service offerings.

Capacity Planning

We may use aggregated system and product information to estimate future infrastructure needs.

This may include planning for:

  • Data storage;
  • Cloud computing;
  • Database capacity;
  • Network capacity;
  • Connected devices;
  • Data processing;
  • Reporting;
  • Customer support;
  • Hardware production;
  • Device communications.

Hardware Development

Aggregated device information may help us design future hardware.

For example, we may evaluate:

  • Typical installation configurations;
  • Common CT sizes;
  • Common circuit quantities;
  • Gateway usage;
  • Connectivity methods;
  • Common device errors;
  • Hardware expansion requirements;
  • Typical facility deployment sizes.

This may influence the design of future sensors, gateways, CT Hubs, enclosures, communications systems, or related hardware.

Firmware Development

Aggregated hardware diagnostics may be used to identify opportunities to improve firmware.

This may include improving:

  • Connectivity;
  • Data transmission;
  • Device reliability;
  • Security;
  • Error recovery;
  • Update processes;
  • Device configuration;
  • Measurement processing.

Software Development

Aggregated or de-identified platform information may help identify opportunities to improve software.

This may include:

  • Improving speed;
  • Improving usability;
  • Improving reliability;
  • Simplifying workflows;
  • Improving dashboards;
  • Improving reporting;
  • Improving device management;
  • Improving facility setup;
  • Improving user permissions;
  • Improving search;
  • Improving alerts.

Security Research and Improvement

Aggregated, de-identified, or technical information may also be used to improve the security of Opti-mized.

We may analyze patterns involving:

  • Failed login attempts;
  • Suspicious activity;
  • Authentication errors;
  • Security events;
  • System vulnerabilities;
  • Device security;
  • Network activity;
  • Unauthorized access attempts.

Security analysis may help us improve access controls, authentication systems, monitoring, incident response, and device security.

Reliability Research

We may use aggregated system performance information to identify opportunities to improve reliability.

This may include:

  • Uptime;
  • Service interruptions;
  • Connection failures;
  • Gateway communication;
  • Sensor communication;
  • Report generation;
  • API failures;
  • Data-processing errors;
  • Database performance.

Customer Experience Research

Aggregated product usage and support information may be used to understand how customers interact with Opti-mized.

For example, we may analyze:

  • Which setup steps cause confusion;
  • Which reports are most frequently viewed;
  • Which features are rarely used;
  • Which workflows generate support requests;
  • Which alerts customers interact with;
  • Which dashboards are most useful.

This may help improve usability and customer experience.

Customer Feedback

Feedback may be aggregated with feedback from other users or customers.

For example, we may summarize:

  • Common feature requests;
  • Common support concerns;
  • Common hardware requests;
  • Common reporting preferences;
  • Common analytics feedback;
  • Common installation issues.

This may help us prioritize product improvements.

Aggregated Support Information

Customer support records may be aggregated to identify recurring themes.

For example, we may analyze:

  • Common technical problems;
  • Common connectivity issues;
  • Frequent configuration errors;
  • Common installation questions;
  • Common report questions;
  • Common account issues.

This may help us improve documentation, support processes, product design, and troubleshooting tools.

Aggregated Installation Information

Installation information may be aggregated to improve deployment processes.

For example, we may analyze:

  • Typical number of panels per facility;
  • Typical number of circuits monitored;
  • Common gateway locations;
  • Common CT sizes;
  • Common network configurations;
  • Typical installation challenges;
  • Common commissioning issues.

Aggregated Utility Information

Where appropriate and sufficiently protected, utility information may be aggregated or de-identified to understand trends in:

  • Energy consumption;
  • Demand;
  • Rate structures;
  • Seasonal changes;
  • Utility costs;
  • Facility-level energy intensity;
  • Potential savings.

Such analysis may support calculation improvements, benchmarks, and facility intelligence.

Industry and Facility Benchmarks

Aggregated information may allow Opti-mized to develop generalized benchmarks that help users understand whether a particular pattern is typical, unusual, high, low, or otherwise noteworthy.

Benchmarks may be based on:

  • Facility type;
  • Equipment type;
  • Facility size;
  • Operating schedule;
  • Climate region;
  • General geographic region;
  • Equipment category;
  • Electrical load;
  • Runtime;
  • Demand;
  • Other relevant characteristics.

The purpose of benchmarking is generally to provide context, not to disclose identifiable information about another customer.

Portfolio-Level Aggregation

Customers that manage multiple facilities may use aggregated information within their own organization.

For example, Opti-mized may provide an authorized portfolio user with:

  • Total portfolio energy use;
  • Total detected opportunities;
  • Aggregate estimated savings;
  • Facility rankings;
  • Equipment rankings;
  • Cross-facility trends;
  • Portfolio demand information.

This form of aggregation may remain identifiable to the customer because it is intended to provide that customer with information about its own portfolio.

Such internal customer aggregation is different from cross-customer de-identified benchmarking.

Customer-Specific Aggregation

Information may also be aggregated within a single customer account.

For example, measurements may be combined across:

  • Multiple circuits;
  • Multiple panels;
  • Multiple equipment items;
  • Multiple buildings;
  • Multiple facilities.

This may be used to create customer-specific summaries and does not necessarily involve de-identification.

Cross-Customer Aggregation

Where information from multiple customers is combined for broader research, benchmarking, or product development, we may apply additional protections appropriate to the context.

These may include:

  • Removing direct identifiers;
  • Grouping information;
  • Using statistical summaries;
  • Limiting precision;
  • Suppressing small sample sizes;
  • Restricting access;
  • Limiting export functionality;
  • Using ranges or percentiles.

Minimum Group Sizes

Where appropriate, we may require that a sufficient number of records, devices, facilities, or other units be included before a cross-customer benchmark or statistic is generated or displayed.

Minimum group sizes can reduce the risk that information about a specific customer or facility can be inferred from a benchmark.

The appropriate group size may depend on the type of information and intended use.

Avoiding Unique Combinations

Even where obvious identifiers are removed, unusual combinations of characteristics could sometimes make a record more identifiable.

For example, a highly unusual facility type in a very small geographic area could potentially be easier to recognize.

Where appropriate, Opti-mized may reduce this risk by:

  • Generalizing categories;
  • Suppressing unusual records;
  • Combining categories;
  • Reducing geographic precision;
  • Reducing temporal precision;
  • Limiting detailed attributes;
  • Using broader ranges.

Geographic Generalization

Exact facility locations may be unnecessary for many forms of benchmarking or product analysis.

Where appropriate, location information may be generalized to:

  • City;
  • Region;
  • Province or state;
  • Climate zone;
  • Country;
  • Other broader geographic category.

In some cases, geographic information may be removed entirely.

Temporal Generalization

Exact timestamps may also be generalized where precise timing is unnecessary.

For example, data may be summarized by:

  • Hour;
  • Day;
  • Week;
  • Month;
  • Season;
  • Year.

This can help reduce unnecessary granularity while preserving useful trends.

Range-Based Reporting

Rather than presenting exact values, aggregated or de-identified results may be expressed as ranges.

For example:

  • Runtime range;
  • Energy-use range;
  • Savings range;
  • Demand range;
  • Facility-size range;
  • Equipment-count range.

Ranges can reduce identifiability while preserving analytical value.

Percentiles and Statistical Summaries

Benchmarks may be expressed using statistical measures such as:

  • Average;
  • Median;
  • Percentile;
  • Standard deviation;
  • Minimum;
  • Maximum;
  • Distribution;
  • Range.

These statistics may provide useful context without exposing individual underlying records.

Aggregated Data in Reports

Opti-mized reports may include aggregated information.

Examples may include:

  • Total facility energy use;
  • Total annual savings;
  • Total number of opportunities;
  • Total demand contribution;
  • Equipment category summaries;
  • Building-level summaries;
  • Portfolio-level summaries.

The fact that information is aggregated within a customer's report does not necessarily mean that it is de-identified from that customer.

Aggregated Data in Dashboards

Dashboards may display aggregated information such as:

  • Total facility load;
  • Total portfolio savings;
  • Equipment category totals;
  • Number of detected opportunities;
  • Combined runtime;
  • Summary metrics.

Again, customer-specific aggregation is different from de-identification.

External Use of Aggregated Information

Where appropriate, Opti-mized may use aggregated or de-identified information externally for purposes such as:

  • Benchmarking;
  • Industry analysis;
  • Product descriptions;
  • Research findings;
  • Technical materials;
  • Business planning;
  • General performance statistics.

We may seek to structure such information so that it does not reasonably identify a particular individual or customer.

Public Statistics

Opti-mized may use aggregated statistics to describe general characteristics of its business, products, technology, or customer base.

Examples might include general statistics concerning:

  • Number of facilities served;
  • Number of connected circuits;
  • General categories of equipment analyzed;
  • Aggregate opportunities identified;
  • Hardware reliability;
  • General product usage;
  • General analytical capabilities.

Where public statistics are based on customer information, we may take reasonable steps intended to avoid unnecessary identification of individual customers.

Case Studies Are Different

Using aggregated information is distinct from publishing an identifiable customer case study.

Opti-mized does not treat the ability to create aggregated statistics as automatic permission to publicly identify a customer, facility, or project.

Where a public case study, testimonial, customer logo, named project, or identifiable facility result is used, additional authorization may be sought where required.

Research Publications

If Opti-mized publishes research or analytical findings based on customer-derived information, we may use aggregated, anonymized, or de-identified information where reasonably practicable.

Research publications may describe:

  • General trends;
  • Statistical relationships;
  • Equipment behaviours;
  • Facility trends;
  • Hardware performance;
  • Energy-saving patterns.

The intent of such research would generally be to communicate broader insights rather than disclose identifiable customer information.

Third-Party Research

If Opti-mized works with an external research organization, consultant, academic institution, technology provider, or other third party on research involving customer-derived information, additional safeguards may apply.

Depending on the circumstances, these safeguards may include:

  • Aggregation;
  • De-identification;
  • Anonymization;
  • Confidentiality obligations;
  • Data-use restrictions;
  • Security requirements;
  • Limited access;
  • Customer authorization where appropriate;
  • Contractual protections.

Service Providers

Service providers assisting with analytics, infrastructure, development, testing, or research may process aggregated or de-identified information on behalf of Opti-mized.

Where identifiable information is unnecessary for the provider's task, Opti-mized may seek to provide only aggregated, de-identified, anonymized, limited, or otherwise appropriately protected information where reasonably practicable.

Artificial Intelligence and Machine Learning

Aggregated, anonymized, de-identified, synthetic, or otherwise appropriately protected information may be used to improve Opti-mized analytical systems, including statistical, algorithmic, machine-learning, or artificial-intelligence systems where applicable.

Such information may help improve:

  • Pattern detection;
  • Equipment classification;
  • Runtime analysis;
  • Anomaly detection;
  • Energy-loss detection;
  • Savings estimation;
  • Equipment mapping;
  • Document processing;
  • Photo interpretation;
  • Data validation;
  • Recommendations;
  • Report generation.

General-Purpose Artificial Intelligence Models

As described elsewhere in this Privacy Policy, Opti-mized does not provide identifiable customer Facility Data or identifiable Energy and Operational Data to unrelated third parties for the purpose of training those third parties' general-purpose artificial intelligence models unless specifically authorized by the customer or otherwise disclosed and permitted.

Aggregated, anonymized, or appropriately de-identified information may be treated differently where it no longer reasonably identifies the customer or individual and where use is permitted by applicable law and applicable agreements.

Aggregated Data and Customer Confidentiality

Some information may not constitute personal information but may nevertheless be commercially sensitive.

Accordingly, Opti-mized may consider customer confidentiality obligations when creating or using aggregated facility information.

The fact that data has commercial or analytical value does not automatically mean that Opti-mized will disclose identifiable customer information.

Aggregated Information and Intellectual Property

The use or creation of aggregated or de-identified information does not by itself determine ownership of data, analytical outputs, reports, software, models, algorithms, or intellectual property.

Ownership and licensing rights may also be governed by applicable customer agreements, terms of service, contracts, intellectual-property law, and other legal arrangements.

Retention of Aggregated Information

Where information has been validly aggregated, anonymized, or de-identified so that it no longer constitutes personal information under applicable law, Opti-mized may retain the resulting information for research, analytics, product development, benchmarking, statistical analysis, or other legitimate purposes for longer periods than the identifiable information from which it was derived, where permitted.

For example, an identifiable customer record may eventually be deleted or anonymized while aggregated statistical information derived from that record remains part of a historical benchmark.

Retention of De-Identified Information

De-identified information may be retained for as long as reasonably useful for purposes such as:

  • Research;
  • Product improvement;
  • Benchmarking;
  • Analytics;
  • Quality assurance;
  • Model development;
  • Historical analysis;
  • Business planning;
  • Security;
  • Statistical analysis.

Applicable laws or agreements may impose additional limitations.

Backups

Aggregated or de-identified information may also appear in backups, archives, disaster-recovery systems, logs, or other technical systems.

Such information may remain subject to applicable security and retention practices.

Re-Identification Risks

Opti-mized recognizes that de-identification is not merely the removal of obvious identifiers.

Depending on the dataset, combinations of information may sometimes create a risk that a record could be associated with a particular individual, customer, or facility.

Accordingly, where appropriate, we may consider factors such as:

  • Dataset size;
  • Uniqueness of records;
  • Availability of external information;
  • Geographic precision;
  • Temporal precision;
  • Facility characteristics;
  • Equipment characteristics;
  • Sample size;
  • Access controls;
  • Intended use.

Reasonable Measures Against Re-Identification

We will take reasonable measures intended to prevent information treated as de-identified from being associated with an identifiable individual where required or appropriate.

Depending on the circumstances, such measures may include:

  • Removing direct identifiers;
  • Replacing identifiers;
  • Limiting precision;
  • Generalizing information;
  • Aggregating records;
  • Restricting access;
  • Limiting disclosure;
  • Applying confidentiality requirements;
  • Applying contractual restrictions;
  • Using statistical controls;
  • Suppressing small groups;
  • Monitoring access;
  • Using technical safeguards.

No Intentional Re-Identification for Unrelated Purposes

Where Opti-mized has created or received information that is treated as de-identified, we do not intend to attempt to re-identify an individual for unrelated purposes merely because technical re-identification could potentially be possible.

Where re-association is necessary for a legitimate purpose, such as troubleshooting a customer-specific issue involving pseudonymized information, the information may not be considered fully anonymized and may continue to be handled as protected information.

Contractual Restrictions on Re-Identification

Where appropriate, third parties that receive de-identified information may be subject to contractual restrictions intended to prevent:

  • Re-identification;
  • Unauthorized use;
  • Unauthorized disclosure;
  • Attempts to combine information with other datasets in a manner that defeats de-identification;
  • Use beyond permitted purposes.

Access Controls

Access to aggregated or de-identified datasets may be restricted based on business need.

For example, access may be limited to authorized personnel involved in:

  • Product development;
  • Analytics;
  • Research;
  • Quality assurance;
  • Security;
  • Engineering;
  • Business intelligence;
  • Benchmarking.

Internal Data Separation

Where technically appropriate, identifiable customer information may be maintained separately from broader analytical datasets.

This may help reduce unnecessary use of direct identifiers in product development or research environments.

Data Minimization

When aggregated or de-identified information is sufficient for a particular purpose, Opti-mized may prefer to use that form of information rather than directly identifiable personal information where reasonably practicable.

For example:

  • Hardware reliability analysis may not require customer contact information;
  • Equipment runtime benchmarking may not require exact facility addresses;
  • Platform feature analysis may not require utility account numbers;
  • Energy-loss research may not require billing contact information.

De-Identification Is Context-Dependent

Whether information is sufficiently de-identified depends on the context.

Information that appears anonymous on its own may become more identifiable when combined with other information.

Accordingly, Opti-mized may evaluate de-identification in light of:

  • The information retained;
  • The information removed;
  • Who has access;
  • What other information may be available;
  • The intended use;
  • The technical environment;
  • Applicable law.

Not Every Aggregated Dataset Is Anonymous

Aggregation alone does not necessarily mean that information is anonymous.

For example, a report aggregating all electrical consumption within a single identifiable customer's facility may remain customer-specific.

Similarly, a portfolio total for a customer with three facilities may still clearly relate to that customer.

Accordingly, Opti-mized distinguishes between:

  • Information aggregated for a customer;
  • Information de-identified from a customer;
  • Information anonymized under applicable standards;
  • Broader cross-customer statistical information.

Not Every De-Identified Dataset Is Public

The fact that information has been de-identified does not necessarily mean that Opti-mized will make it publicly available.

De-identified information may remain subject to:

  • Internal access controls;
  • Confidentiality obligations;
  • Contracts;
  • Security controls;
  • Business restrictions;
  • Research protocols;
  • Applicable laws.

Not Every Benchmark Is Shared

Opti-mized may create internal benchmarks that are used only for quality assurance, analytical development, engineering, or product improvement.

The existence of a benchmark does not necessarily mean that the benchmark will be made available to customers or the public.

No Guarantee That Every Analysis Uses Aggregated Data

Certain customer-specific services necessarily require identifiable customer information.

For example, Opti-mized may need to use customer-specific data to:

  • Generate a customer's dashboard;
  • Troubleshoot a customer's device;
  • Correct a customer's facility configuration;
  • Calculate a customer's savings;
  • Generate a customer's Facility Intelligence Report;
  • Respond to a customer's support request.

The preference for aggregated or de-identified information applies primarily where broader analysis can reasonably be conducted without customer-specific identifiers.

Use of Customer-Specific Data Where Necessary

Where customer-specific information is necessary to provide or improve services for that customer, Opti-mized may use the information in identifiable form as permitted by this Privacy Policy, applicable agreements, and applicable law.

For example, customer-specific analysis may require the system to know:

  • Which facility generated a measurement;
  • Which circuit corresponds to a piece of equipment;
  • Which utility rate applies;
  • Which operating schedule applies;
  • Which equipment classification applies.

This is different from broader cross-customer benchmarking or research.

Aggregation Does Not Replace Security

Aggregation and de-identification are additional privacy and confidentiality techniques.

They do not replace other safeguards.

Opti-mized may also use:

  • Encryption;
  • Access controls;
  • Authentication;
  • Logging;
  • Confidentiality requirements;
  • Data-retention controls;
  • Security monitoring;
  • Vendor controls;
  • Organizational policies.

Aggregation Does Not Eliminate Contractual Obligations

Customer information may be subject to contractual restrictions even if certain privacy laws do not apply to that information.

For example, commercial facility information may remain subject to:

  • Confidentiality provisions;
  • Data-use restrictions;
  • Customer agreements;
  • Nondisclosure agreements;
  • Procurement requirements;
  • Security obligations.

Opti-mized may consider such obligations when using aggregated or de-identified customer information.

Applicable Law

The legal treatment of aggregated, anonymized, pseudonymized, and de-identified information varies by jurisdiction.

Certain privacy laws may continue to apply to information that can reasonably be linked back to an identifiable individual.

Other laws may exclude sufficiently anonymized or de-identified information from the definition of personal information.

Opti-mized may adapt its practices to the legal requirements applicable to the relevant information and jurisdiction.

Changes in Legal Standards

Standards relating to anonymization, de-identification, statistical disclosure, artificial intelligence, and data use may evolve over time.

Opti-mized may therefore update its methods, policies, contractual practices, and technical safeguards as legal requirements, industry standards, or technical capabilities change.

Changes in Technology

Techniques for both de-identification and re-identification may evolve.

Accordingly, a method considered appropriate at one time may later require additional safeguards.

Opti-mized may periodically review its approaches to aggregation and de-identification where appropriate.

Development of New De-Identification Methods

We may adopt new privacy-enhancing techniques as they become practical.

These could include methods such as:

  • Improved masking;
  • Tokenization;
  • Statistical disclosure controls;
  • Data minimization;
  • Differential privacy techniques where appropriate;
  • Synthetic data generation;
  • Secure analytical environments;
  • Other privacy-enhancing technologies.

The use of a particular method will depend on the applicable use case and technical requirements.

Business Planning

Aggregated or de-identified information may be used to understand broad business trends.

For example, we may analyze:

  • Growth in connected facilities;
  • Growth in circuits monitored;
  • Types of facilities adopting Opti-mized;
  • Common hardware configurations;
  • Common customer needs;
  • Product feature adoption;
  • Service utilization;
  • Support requirements.

This information may support strategic planning without requiring direct identification of individual users.

Commercial Analytics

Aggregated information may also be used for commercial analytics such as:

  • Market analysis;
  • Product planning;
  • Resource allocation;
  • Pricing analysis;
  • Infrastructure planning;
  • Hardware planning;
  • Staffing;
  • Customer-success planning.

Product Performance Statistics

Opti-mized may calculate aggregated product performance statistics relating to:

  • Hardware reliability;
  • Gateway uptime;
  • Sensor connectivity;
  • Measurement availability;
  • Report-generation speed;
  • Platform performance;
  • System uptime;
  • Data-processing reliability.

These statistics may be used internally or, where appropriate, externally.

Aggregated Environmental Analysis

Where environmental or weather information is used, we may analyze aggregated relationships between environmental conditions and facility or equipment behaviour.

For example, we may examine:

  • HVAC runtime versus outdoor temperature;
  • Heating load versus seasonal conditions;
  • Cooling load versus temperature;
  • Demand during extreme weather;
  • Environmental mismatch patterns.

Aggregated Demand Analysis

We may use aggregated demand information to understand:

  • Typical demand peaks;
  • Common demand contributors;
  • Time-of-day demand patterns;
  • Facility-type demand characteristics;
  • Opportunities for demand management.

Aggregated Retrofit Analysis

Where customers evaluate or implement retrofits, aggregated or de-identified information may be used to understand:

  • Common retrofit opportunities;
  • Typical pre-retrofit performance;
  • Typical post-retrofit performance;
  • Common savings ranges;
  • Typical payback periods;
  • Measurement and verification patterns.

Aggregated Maintenance Analysis

Where appropriate, aggregated or de-identified information may be used to understand patterns that could support maintenance-related analytics.

For example:

  • Changes in runtime before maintenance;
  • Changes in cycling;
  • Changes in load;
  • Changes in electrical behaviour;
  • Recurring equipment anomalies.

Aggregated Report Analytics

We may analyze which report sections or outputs customers use most frequently.

This may include:

  • Report downloads;
  • Report types;
  • Common opportunity categories;
  • Common savings ranges;
  • Common equipment categories.

Such information may help improve reporting functionality.

De-Identified Development Examples

Developers or analysts may use de-identified examples to understand how a feature behaves.

For example, a development dataset may contain:

  • Equipment category;
  • General runtime pattern;
  • General load;
  • Detected condition;
  • General facility type.

without containing:

  • Customer name;
  • Facility name;
  • User name;
  • Exact facility address.

This can allow useful development while limiting direct identifiers.

Use in Training Internal Personnel

Aggregated, de-identified, anonymized, or synthetic examples may be used to train Opti-mized employees or contractors on:

  • Product operation;
  • Facility setup;
  • Analytics;
  • Customer support;
  • Troubleshooting;
  • Hardware installation;
  • Report interpretation;
  • Equipment classification.

Where identifiable information is unnecessary for training, it should not be used merely for convenience.

Public Demonstrations

Where Opti-mized demonstrates analytical functionality publicly, we may use:

  • Synthetic information;
  • Sample information;
  • De-identified information;
  • Aggregated information;
  • Customer information where specifically authorized.

The goal is generally to avoid publicly exposing identifiable customer information merely to demonstrate functionality.

Business Transfers

Aggregated or de-identified information may be included in business assets transferred or reviewed in connection with a merger, financing, acquisition, reorganization, or similar transaction.

Identifiable information involved in such transactions is addressed separately under other sections of this Privacy Policy.

Legal Uses

Aggregated or de-identified information may also be used for legal, compliance, audit, security, or risk-management purposes where relevant.

Auditing De-Identification Practices

Where appropriate, Opti-mized may review or audit de-identification practices to evaluate whether they remain appropriate for the intended purpose.

This may include reviewing:

  • Identifier removal;
  • Data access;
  • Statistical disclosure risk;
  • Minimum group sizes;
  • Export restrictions;
  • Third-party access;
  • Retention;
  • Re-identification risk.

Documentation

Opti-mized may maintain internal documentation describing:

  • De-identification methods;
  • Aggregation processes;
  • Dataset purposes;
  • Access permissions;
  • Retention;
  • Data sources;
  • Analytical uses.

Documentation may support consistency, accountability, security, and compliance.

Summary of Permitted Uses

Opti-mized may use aggregated, anonymized, de-identified, statistical, pseudonymized, or otherwise appropriately protected information for purposes including:

  • Research;
  • Benchmarking;
  • Product development;
  • Hardware development;
  • Software development;
  • Firmware development;
  • Analytics improvement;
  • Algorithm development;
  • Model development;
  • Energy-loss detection;
  • Equipment classification;
  • Runtime analysis;
  • Demand analysis;
  • Savings calculation improvement;
  • Facility Intelligence development;
  • Quality assurance;
  • Testing;
  • Security improvement;
  • Reliability improvement;
  • Capacity planning;
  • Infrastructure planning;
  • Product usage analysis;
  • Customer-experience improvement;
  • Internal analytics;
  • Business intelligence;
  • Commercial planning;
  • Statistical reporting;
  • Industry analysis;
  • Facility benchmarking;
  • Equipment benchmarking;
  • Portfolio analysis;
  • Technical research;
  • Development of new Opti-mized features and services;
  • Other legitimate business purposes permitted by applicable law and applicable agreements.

Our Approach to De-Identified Information

Where reasonably practicable, Opti-mized seeks to use aggregated, anonymized, de-identified, statistical, synthetic, or otherwise appropriately protected information for broader research, benchmarking, product development, analytical improvement, and similar purposes when direct identification of a customer or individual is unnecessary.

We will take reasonable measures intended to prevent information treated as de-identified from being associated with an identifiable individual where required or appropriate.

Those measures may include removing direct identifiers, generalizing information, combining records, reducing precision, limiting access, applying contractual restrictions, using statistical controls, or implementing other technical and organizational safeguards appropriate to the circumstances.

The specific safeguards used may vary depending on the nature of the information, the purpose for which it is used, the likelihood of re-identification, the technical environment, contractual requirements, and applicable law.

Aggregated or de-identified information may continue to provide substantial value for understanding facility energy performance, equipment operating behaviour, energy-saving opportunities, hardware performance, product usage, system reliability, operational patterns, and industry or facility benchmarks without requiring Opti-mized to disclose or rely on directly identifiable customer information for every analytical purpose.

Our objective is to preserve the technical and analytical value necessary to improve Opti-mized while reducing unnecessary identification of individuals, customers, facilities, accounts, and other sensitive records.

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07

Customer Data and Ownership

In short: You keep your rights in your facility information and energy data. We don’t claim ownership just because we process it. You authorize us to process it as reasonably needed to provide our products and services.

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Opti-mized recognizes that customers may provide, upload, transmit, generate, connect, or otherwise make available significant amounts of information relating to their facilities, equipment, electrical systems, operations, projects, utility usage, configurations, and other business activities.

This information may include facility information, Energy and Operational Data, photographs, documents, utility information, panel schedules, equipment records, circuit information, operating schedules, project information, uploaded files, customer-defined labels, configuration information, and other information supplied by or on behalf of a customer.

Customers retain their rights and interests in the underlying customer information they provide or make available to Opti-mized, subject to applicable agreements, third-party rights, intellectual-property laws, and other legal requirements.

For purposes of this Privacy Policy, we may refer collectively to this category of information as “Customer Facility and Operational Data.”

Customer Facility and Operational Data may include information that constitutes personal information under applicable law as well as information that relates primarily to buildings, equipment, electrical systems, organizations, or business operations and does not identify an individual.

The fact that certain Customer Facility and Operational Data may not constitute personal information does not mean that Opti-mized treats such information as public or unrestricted.

We may continue to protect customer-specific facility, equipment, operational, electrical, technical, and project information through contractual obligations, confidentiality requirements, access controls, security measures, internal policies, and other safeguards appropriate to the circumstances.

Categories of Customer Facility and Operational Data

Customer Facility and Operational Data may include information such as:

  • Facility names;
  • Facility addresses;
  • Building information;
  • Facility types;
  • Facility size;
  • Facility operating schedules;
  • Facility operating characteristics;
  • Building systems;
  • Mechanical systems;
  • Electrical systems;
  • Electrical panels;
  • MCCs;
  • Switchgear;
  • Transformers;
  • Breakers;
  • Circuits;
  • Circuit identifiers;
  • Circuit names;
  • Panel schedules;
  • Breaker schedules;
  • Equipment names;
  • Equipment descriptions;
  • Equipment categories;
  • Equipment identifiers;
  • Equipment quantities;
  • Equipment locations;
  • Equipment specifications;
  • Equipment operating schedules;
  • Equipment photographs;
  • Electrical-room photographs;
  • Panel photographs;
  • MCC photographs;
  • Switchgear photographs;
  • Facility photographs;
  • Utility bills;
  • Utility consumption information;
  • Utility demand information;
  • Utility-rate information;
  • Historical energy information;
  • Energy and Operational Data;
  • Electrical current measurements;
  • Voltage measurements;
  • Power measurements;
  • Energy consumption;
  • Equipment runtime;
  • Equipment cycling;
  • Demand;
  • Peak demand;
  • Baseload;
  • Off-hours usage;
  • On-hours usage;
  • Continuous load information;
  • Sensor measurements;
  • Gateway information;
  • Hardware identifiers;
  • Device configuration;
  • Installation information;
  • Commissioning information;
  • Facility setup information;
  • Customer-provided notes;
  • Customer-provided labels;
  • Customer-provided classifications;
  • Uploaded documents;
  • Technical records;
  • Project documentation;
  • Operational objectives;
  • Facility objectives;
  • Other information provided by or on behalf of the customer.

The specific categories applicable to any particular customer depend on the products and services being used.

Customer Rights in Underlying Data

Opti-mized does not claim ownership of a customer's underlying facility, equipment, operational, utility, electrical, document, photograph, or other customer-provided information merely because that information is uploaded to, transmitted through, stored in, analyzed by, or otherwise processed through Opti-mized products or services.

For example, if a customer uploads a panel schedule, the fact that Opti-mized stores or processes that panel schedule does not by itself transfer ownership of the underlying document to Opti-mized.

Similarly, if Opti-mized hardware collects electrical measurements at a customer's facility, the use of Opti-mized hardware and software does not, by itself, mean that Opti-mized claims ownership of the customer's underlying facility operations or electrical usage.

Customers retain whatever ownership, contractual, intellectual-property, confidentiality, access, or other rights they may lawfully hold in the underlying information.

Nothing in this Privacy Policy is intended to transfer ownership of a customer's underlying facility or operational information to Opti-mized merely because the information is processed through our systems.

Authorization to Process Customer Data

In order to provide Opti-mized products and services, customers authorize Opti-mized to access, receive, collect, host, store, transmit, organize, structure, display, analyze, combine, calculate, derive, generate, reproduce, transform, configure, back up, maintain, secure, and otherwise process Customer Facility and Operational Data as reasonably necessary to provide the applicable products and services.

This authorization may include processing necessary to:

  • Create customer accounts;
  • Create facility records;
  • Configure facilities;
  • Configure buildings;
  • Configure electrical panels;
  • Configure MCCs;
  • Configure switchgear;
  • Configure circuits;
  • Configure equipment;
  • Configure sensors;
  • Configure gateways;
  • Configure CT Hubs;
  • Configure dashboards;
  • Associate equipment with circuits;
  • Associate circuits with panels;
  • Associate sensors with measurement points;
  • Associate gateways with facilities;
  • Store historical information;
  • Process Energy and Operational Data;
  • Analyze equipment behaviour;
  • Establish baselines;
  • Detect operating patterns;
  • Identify potential anomalies;
  • Identify potential energy-loss opportunities;
  • Calculate runtime;
  • Analyze cycling;
  • Analyze demand;
  • Estimate savings;
  • Estimate financial impact;
  • Calculate return on investment;
  • Calculate payback;
  • Generate reports;
  • Generate alerts;
  • Generate notifications;
  • Generate Facility Intelligence Data;
  • Provide technical support;
  • Troubleshoot hardware;
  • Troubleshoot connectivity;
  • Maintain systems;
  • Improve customer-specific analytics;
  • Maintain data quality;
  • Protect customer information;
  • Provide backups;
  • Support integrations;
  • Fulfill customer requests;
  • Perform other functions reasonably necessary to provide Opti-mized services.

Processing Necessary to Provide the Services

Customers understand that certain processing of Customer Facility and Operational Data is inherent in the operation of Opti-mized.

For example, if a customer installs Opti-mized sensors to analyze a rooftop unit, Opti-mized may need to:

  • Receive electrical measurements from the applicable sensor;
  • Associate those measurements with a particular measurement channel;
  • Associate the measurement channel with a particular circuit;
  • Associate the circuit with a particular piece of equipment;
  • Store measurements over time;
  • Establish historical operating patterns;
  • Compare current behaviour with historical behaviour;
  • Compare operation with facility schedules;
  • Calculate runtime;
  • Evaluate load characteristics;
  • Generate analytical outputs;
  • Present those outputs within the customer's dashboard;
  • Include relevant findings in a report or notification.

These processing activities are part of providing the service and do not constitute a transfer of ownership of the customer's underlying data to Opti-mized.

Facility Configuration

Customers authorize Opti-mized to use Customer Facility and Operational Data to configure their facilities within our systems.

Facility configuration may include:

  • Creating facility records;
  • Creating building records;
  • Creating panel records;
  • Creating MCC records;
  • Creating switchgear records;
  • Creating circuit records;
  • Creating equipment records;
  • Creating device records;
  • Mapping circuits;
  • Mapping equipment;
  • Assigning sensor channels;
  • Assigning gateway connections;
  • Associating photographs;
  • Associating documents;
  • Recording customer-provided labels;
  • Recording operating schedules;
  • Recording utility rates;
  • Recording project information;
  • Organizing facility hierarchies.

Facility configuration may be performed by Opti-mized, by customers, by authorized users, by installers, by contractors, by consultants, or through a combination of those parties.

Customer-Provided Labels and Descriptions

Customers may create or provide labels, names, descriptions, categories, notes, classifications, and other information used to organize a facility.

Examples may include:

  • “Panel A”;
  • “Main Distribution Panel”;
  • “RTU-3”;
  • “Pool Pump”;
  • “Lighting Circuit”;
  • “Administration Building”;
  • “Wastewater Pump #2”;
  • Other customer-defined names.

Customers retain their rights in customer-created content, subject to the limited processing rights necessary for Opti-mized to provide the service.

Opti-mized may store, display, organize, transform, or use those labels as necessary to present information within the platform.

Energy and Operational Data

Customer Facility and Operational Data may include Energy and Operational Data collected through Opti-mized hardware.

Energy and Operational Data may include:

  • Electrical current;
  • Voltage;
  • Power;
  • Energy consumption;
  • Load;
  • Demand;
  • Circuit-level usage;
  • Equipment-level usage;
  • Equipment runtime;
  • Equipment cycling;
  • Start and stop events;
  • Baseload;
  • Continuous load;
  • Idle load;
  • Standby load;
  • Off-hours operation;
  • On-hours operation;
  • Peak-demand contribution;
  • Historical electrical usage;
  • Time-series measurements;
  • Device measurements;
  • Sensor readings;
  • Equipment operating patterns;
  • Other electrical or operational measurements.

Customers authorize Opti-mized to process this information as reasonably necessary to provide facility intelligence and related services.

Facility Intelligence Data

Opti-mized may generate Facility Intelligence Data from Customer Facility and Operational Data.

Facility Intelligence Data may include:

  • Equipment baselines;
  • Runtime calculations;
  • Operating patterns;
  • Cycling analysis;
  • Demand analysis;
  • Anomaly indicators;
  • Energy-loss opportunities;
  • Savings estimates;
  • Financial estimates;
  • Payback calculations;
  • ROI calculations;
  • Equipment classifications;
  • Facility performance insights;
  • Reports;
  • Recommendations;
  • Alerts;
  • Rankings;
  • Analytical outputs;
  • Other derived information.

Facility Intelligence Data may be generated through software, algorithms, statistical processes, calculations, machine-learning tools where applicable, manual review, professional judgment, customer-provided context, or combinations of these methods.

Distinction Between Underlying Customer Data and Derived Information

Underlying Customer Facility and Operational Data and information generated by Opti-mized may be related but are not necessarily the same thing.

For example:

  • A sensor measurement may be underlying Customer Facility and Operational Data;
  • A calculated runtime value may be derived information;
  • A customer-provided equipment name may be underlying customer information;
  • An equipment classification generated by Opti-mized may be derived information;
  • A utility bill may be customer-provided data;
  • An estimated savings calculation may be derived information;
  • Historical power measurements may be customer facility data;
  • A baseline created from those measurements may be Facility Intelligence Data.

Rights relating to derived information, analytics, reports, algorithms, software, calculations, intellectual property, and other Opti-mized-generated outputs may be addressed in applicable customer agreements, terms of service, licensing terms, or other contractual arrangements.

Nothing in this Privacy Policy is intended to override those agreements.

No Ownership Claim Merely Through Processing

Opti-mized does not claim ownership of a customer's underlying data merely because:

  • The data is uploaded to Opti-mized;
  • The data is stored on Opti-mized infrastructure;
  • The data is transmitted through an Opti-mized gateway;
  • The data is measured using Opti-mized hardware;
  • The data appears on an Opti-mized dashboard;
  • The data is included in an Opti-mized report;
  • The data is analyzed by Opti-mized software;
  • The data is used to calculate Facility Intelligence Data;
  • The data is backed up by Opti-mized;
  • The data is processed by a service provider acting on behalf of Opti-mized.

The processing rights granted to Opti-mized exist so that we can provide, maintain, secure, support, and improve our services as described in this Privacy Policy and applicable agreements.

Limited License or Processing Permission

To the extent legally necessary to provide the services, customers grant Opti-mized the rights and permissions reasonably required to host, store, reproduce, transmit, process, analyze, display, transform, and otherwise use Customer Facility and Operational Data for the purposes described in this Privacy Policy and applicable agreements.

This permission is limited to the purposes reasonably connected with:

  • Providing Opti-mized products and services;
  • Supporting the customer;
  • Securing Opti-mized systems;
  • Maintaining the platform;
  • Improving customer-specific services;
  • Complying with law;
  • Exercising contractual rights;
  • Other purposes expressly authorized by the customer or described in applicable agreements.

This processing permission does not by itself transfer ownership of the underlying customer data to Opti-mized.

Customer Instructions

Where Opti-mized processes Customer Facility and Operational Data on behalf of a customer, we may process that information in accordance with the customer's instructions, the configuration selected by the customer, the services requested, applicable agreements, and this Privacy Policy.

Customer instructions may be provided through:

  • Account configuration;
  • Platform settings;
  • Facility setup forms;
  • Support requests;
  • Written communications;
  • Contracts;
  • Statements of work;
  • Integration settings;
  • User permissions;
  • Other authorized methods.

Authorized Users

Customers may authorize individuals to access Customer Facility and Operational Data through Opti-mized.

Authorized users may include:

  • Employees;
  • Facility managers;
  • Energy managers;
  • Administrators;
  • Contractors;
  • Consultants;
  • Electricians;
  • Service providers;
  • Project managers;
  • Municipal employees;
  • Property managers;
  • Other authorized representatives.

Customers are generally responsible for determining which individuals should have access to their information.

Opti-mized may provide tools that allow customer administrators to:

  • Add users;
  • Remove users;
  • Assign facility access;
  • Assign administrative access;
  • Limit permissions;
  • Configure notification recipients;
  • Manage account access.

Customer Responsibility for User Access

Customers should provide access only to individuals who are authorized to view or use Customer Facility and Operational Data.

Where a customer grants access to an authorized user, that user may be able to view, download, export, modify, or otherwise interact with customer information depending on the permissions assigned.

Customers are responsible for managing their authorized users and notifying Opti-mized where access should be removed or modified.

Customer Responsibility for Information Provided

Customers are responsible for ensuring, to the extent required by applicable law, that they have appropriate rights, permissions, authority, or consent to provide information to Opti-mized.

This may apply where customer-provided information includes:

  • Personal information about employees;
  • Contact information;
  • Utility account information;
  • Photographs containing individuals;
  • Documents containing personal information;
  • Information belonging to a facility owner;
  • Information provided by a tenant;
  • Information belonging to another organization;
  • Information subject to contractual confidentiality obligations.

By providing information to Opti-mized, the customer represents that it is authorized to provide or direct the processing of that information to the extent required by applicable law and applicable agreements.

Customer Responsibility for Accuracy

Customers should use reasonable efforts to provide accurate information.

The quality and usefulness of Opti-mized analytics may depend on the accuracy of:

  • Facility names;
  • Operating schedules;
  • Equipment names;
  • Equipment classifications;
  • Circuit mappings;
  • Utility rates;
  • Facility configuration;
  • Utility bills;
  • Equipment associations;
  • Other customer-provided information.

Inaccurate or incomplete information may affect:

  • Hardware recommendations;
  • Facility configurations;
  • Savings estimates;
  • Runtime calculations;
  • Demand analysis;
  • Alerts;
  • Recommendations;
  • Reports;
  • Other Facility Intelligence Data.

Opti-mized may attempt to identify obvious inconsistencies, but we cannot guarantee the accuracy of customer-provided information.

Customer Corrections

Customers may update or correct information where platform functionality allows or by contacting Opti-mized.

Corrections may include:

  • Equipment names;
  • Circuit labels;
  • Facility names;
  • Operating schedules;
  • Utility information;
  • Equipment categories;
  • User information;
  • Facility configurations;
  • Other customer-provided information.

Customer corrections may improve future analysis and Facility Intelligence Data.

Customer Facility Photos

Photographs submitted by customers may become part of Customer Facility and Operational Data.

These photographs may include:

  • Electrical panels;
  • MCCs;
  • Switchgear;
  • Equipment;
  • Electrical rooms;
  • Nameplates;
  • Panel schedules;
  • Facility infrastructure;
  • Installation conditions.

Customers authorize Opti-mized to process these photographs as reasonably necessary to:

  • Understand facility configuration;
  • Determine hardware requirements;
  • Configure customer facilities;
  • Support installation;
  • Support troubleshooting;
  • Identify equipment;
  • Extract relevant information;
  • Maintain facility records;
  • Provide Facility Intelligence.

Opti-mized does not claim ownership of a customer's original photograph merely because it is uploaded or processed through our services.

Customer Documents

Customer Facility and Operational Data may also include documents such as:

  • Utility bills;
  • Panel schedules;
  • Electrical drawings;
  • Equipment schedules;
  • Floor plans;
  • Technical reports;
  • Energy reports;
  • Spreadsheets;
  • Equipment lists;
  • Project documentation;
  • Installation records;
  • Other facility documents.

Customers authorize Opti-mized to process these documents as reasonably necessary to provide the applicable service.

Utility Data

Utility information may be provided directly by customers or obtained through authorized integrations or service providers.

Customer utility information may include:

  • Account information;
  • Meter information;
  • Consumption;
  • Demand;
  • Rates;
  • Charges;
  • Historical usage;
  • Billing periods;
  • Utility bills.

Opti-mized may use this information to:

  • Establish historical baselines;
  • Compare measured and billed consumption;
  • Calculate costs;
  • Estimate savings;
  • Analyze demand;
  • Generate Facility Intelligence Data;
  • Support reports;
  • Support measurement and verification.

Data Collected Through Connected Hardware

Where Opti-mized hardware is installed, the system may automatically generate Customer Facility and Operational Data.

Customers authorize this collection and processing as part of their use of the connected service.

The frequency, granularity, and type of data collected may depend on:

  • Hardware configuration;
  • Sensor configuration;
  • Gateway configuration;
  • Number of circuits;
  • Device capabilities;
  • Customer settings;
  • Services enabled;
  • Firmware;
  • Other technical factors.

Customer Control Over Hardware Deployment

Customers generally determine, directly or through their authorized representatives, where Opti-mized hardware is deployed within their facilities.

This may include decisions concerning:

  • Which facilities to monitor;
  • Which electrical panels to include;
  • Which circuits to measure;
  • Which equipment to associate with measurements;
  • Which buildings to include;
  • Which hardware to install;
  • Which users should access the resulting information.

Customer-Specific Analysis

Customer Facility and Operational Data may be used to create customer-specific analysis.

This may include:

  • Facility-specific baselines;
  • Equipment-specific baselines;
  • Customer-specific savings calculations;
  • Customer-specific utility-rate calculations;
  • Customer-specific alerts;
  • Customer-specific recommendations;
  • Customer-specific reports;
  • Customer-specific equipment classifications;
  • Customer-specific facility mappings.

Customer-specific processing may require identifiable facility information because the analysis must correspond with the customer's actual facility and equipment.

Improvement of Services for the Customer

Opti-mized may use a customer's information to improve services for that customer.

For example, we may use historical data to:

  • Improve equipment baselines;
  • Improve runtime detection;
  • Improve alerts;
  • Improve anomaly thresholds;
  • Improve equipment classification;
  • Improve customer-specific savings calculations;
  • Improve report accuracy;
  • Improve facility configuration.

This use is part of providing and improving the service to the customer.

Broader Product Improvement

As described in Sections 5 and 6 of this Privacy Policy, Opti-mized may also use aggregated, anonymized, de-identified, statistical, synthetic, or otherwise appropriately protected information for broader product development, research, analytics, benchmarking, and model improvement where reasonably practicable.

The use of information for these broader purposes does not mean that Opti-mized claims ownership of the customer's underlying Facility Data or Energy and Operational Data.

Aggregated Data Derived From Customer Data

Opti-mized may create aggregated information from Customer Facility and Operational Data.

For example, we may create statistical information concerning:

  • Hardware reliability;
  • Equipment runtime;
  • Energy-loss categories;
  • Platform usage;
  • Facility types;
  • Typical demand patterns;
  • System reliability;
  • Equipment categories;
  • General product performance.

Where information is sufficiently aggregated or de-identified so that it no longer reasonably identifies the customer or an individual, the resulting information may be used as described elsewhere in this Privacy Policy.

De-Identified Data

Customer Facility and Operational Data may be de-identified for purposes such as:

  • Research;
  • Benchmarking;
  • Product improvement;
  • Statistical analysis;
  • Quality assurance;
  • Model development;
  • Hardware improvement;
  • Analytics development.

Where reasonably practicable, we may remove or generalize information such as:

  • Customer name;
  • Facility name;
  • Street address;
  • User names;
  • Contact information;
  • Account identifiers;
  • Other direct identifiers.

Confidential Customer Data

Some Customer Facility and Operational Data may be commercially sensitive even though it does not constitute personal information.

Examples may include:

  • Facility electrical layouts;
  • Operating schedules;
  • Equipment configurations;
  • Utility consumption;
  • Utility cost;
  • Equipment performance;
  • Facility energy use;
  • Demand patterns;
  • Equipment operating behaviour;
  • Retrofit plans;
  • Project information.

Opti-mized may protect such information through:

  • Contractual confidentiality provisions;
  • Access controls;
  • Authentication;
  • Security controls;
  • Internal policies;
  • Technical safeguards;
  • Service-provider obligations;
  • Other measures appropriate to the circumstances.

Access by Opti-mized Personnel

Authorized Opti-mized personnel may access Customer Facility and Operational Data where reasonably necessary for legitimate purposes such as:

  • Customer support;
  • Technical support;
  • Facility configuration;
  • Installation support;
  • Data-quality review;
  • Troubleshooting;
  • Report review;
  • Product maintenance;
  • Security;
  • Quality assurance;
  • Customer-requested analysis;
  • Product improvement;
  • Compliance.

Access may be limited based on job role, business need, technical controls, and internal policy.

Service Provider Access

Opti-mized may use service providers to host, store, process, transmit, support, secure, or otherwise handle Customer Facility and Operational Data on our behalf.

Service providers may include providers of:

  • Cloud hosting;
  • Data storage;
  • Infrastructure;
  • Communications;
  • Cybersecurity;
  • Technical support;
  • Software development;
  • Analytics;
  • Payment processing;
  • Customer support;
  • Other services.

Where service providers process customer information on behalf of Opti-mized, their access may be limited to information reasonably necessary to provide the applicable service and may be subject to contractual, confidentiality, security, and data-processing obligations.

No Independent Rights for Service Providers

The fact that a service provider processes Customer Facility and Operational Data on behalf of Opti-mized does not automatically give that provider the right to use the information for unrelated independent purposes.

Service-provider use may be governed by the applicable agreement, service configuration, privacy controls, and law.

Third-Party Integrations

Customers may authorize Opti-mized to exchange Customer Facility and Operational Data with third-party systems or services.

For example, a customer may enable an integration involving:

  • Utility data;
  • Building systems;
  • Energy platforms;
  • Reporting systems;
  • Communications tools;
  • Customer systems;
  • Other external applications.

Where an integration is enabled, information may be transmitted to or received from the third party in accordance with the functionality and permissions selected.

The third party's independent processing may be governed by its own privacy policy and terms.

Customer-Directed Sharing

Customers may instruct Opti-mized to provide information to:

  • Consultants;
  • Contractors;
  • Installers;
  • Service providers;
  • Funding organizations;
  • Government entities;
  • Project partners;
  • Other authorized recipients.

Where Opti-mized shares information at the customer's direction, the recipient's subsequent use of the information may be governed by the customer's relationship with that recipient.

Reports Shared by Customers

Customers may download, export, print, forward, or otherwise share Facility Intelligence Reports or other information obtained through Opti-mized.

Once a customer or authorized user provides information to another party outside Opti-mized-controlled systems, Opti-mized may not control how that receiving party stores, uses, or rediscloses the information.

Customers should therefore consider confidentiality and privacy requirements before sharing exported information.

Data Exports

Where functionality permits, customers may be able to download or export certain information.

Exported information may include:

  • Reports;
  • Facility summaries;
  • Equipment information;
  • Energy data;
  • Analytical outputs;
  • Facility Intelligence Data;
  • Other available records.

Export functionality may vary by product, plan, configuration, agreement, or technical capability.

Data Portability

Where required by applicable law or provided by contract, Opti-mized may assist customers with obtaining certain data in an available format.

The scope of exportable or portable information may depend on:

  • Applicable law;
  • Customer agreements;
  • Technical feasibility;
  • Intellectual-property rights;
  • Third-party rights;
  • Security considerations;
  • Product configuration.

Data Retrieval Following Contract Termination

Where a customer relationship ends, the customer's ability to access or retrieve Customer Facility and Operational Data may be governed by:

  • The applicable customer agreement;
  • Terms of service;
  • Retention periods;
  • Export functionality;
  • Legal obligations;
  • Technical limitations.

Customers should retrieve information they require before access to the service ends where applicable.

Retention After Service Termination

Customer Facility and Operational Data may not necessarily be deleted immediately when a customer account is closed or a contract ends.

Certain information may be retained for periods necessary to:

  • Complete termination procedures;
  • Support customer data export;
  • Maintain backups;
  • Comply with legal obligations;
  • Maintain accounting records;
  • Resolve disputes;
  • Enforce agreements;
  • Maintain security;
  • Defend legal claims;
  • Comply with retention requirements.

Retention practices are described in greater detail elsewhere in this Privacy Policy.

Deletion of Customer Data

Where applicable and subject to legal, contractual, technical, and legitimate business requirements, customers may request deletion of certain Customer Facility and Operational Data.

Deletion may be subject to exceptions where retention is required or permitted for purposes such as:

  • Legal compliance;
  • Security;
  • Fraud prevention;
  • Contract enforcement;
  • Dispute resolution;
  • Accounting;
  • Tax obligations;
  • Backup retention;
  • Legal claims.

Backup Copies

Customer Facility and Operational Data may be included in backups and disaster-recovery systems.

Information removed from active systems may remain temporarily within backups until those backups are overwritten or deleted through ordinary retention processes.

Backups may be maintained for purposes such as:

  • Disaster recovery;
  • Business continuity;
  • System restoration;
  • Security;
  • Data integrity.

Data Recovery

We may use backup copies of Customer Facility and Operational Data to recover information following:

  • Hardware failure;
  • Software failure;
  • Database failure;
  • Security incident;
  • Accidental deletion;
  • Service disruption;
  • Disaster-recovery event.

Security of Customer Data

Opti-mized may use reasonable administrative, technical, organizational, and physical measures intended to protect Customer Facility and Operational Data.

Security measures may include, depending on the circumstances:

  • Authentication;
  • Role-based access;
  • Encryption;
  • Network security;
  • Secure cloud infrastructure;
  • Security monitoring;
  • Logging;
  • Access controls;
  • Backup systems;
  • Device security;
  • Firmware security;
  • Security testing;
  • Incident-response procedures;
  • Service-provider controls.

No security system can eliminate all risk, and security protections are discussed in more detail elsewhere in this Privacy Policy.

Segregation of Customer Data

Where appropriate, Opti-mized may use logical or technical controls intended to restrict one customer's access to another customer's identifiable information.

Customer accounts, facilities, permissions, and user roles may be configured to help limit access to authorized information.

Customer Confidentiality

Opti-mized may treat Customer Facility and Operational Data as confidential in accordance with applicable agreements and internal policies.

Confidentiality protections may apply even where the information is not personal information under privacy law.

No Public Disclosure Merely Because Data Is Processed

The fact that Customer Facility and Operational Data is processed through Opti-mized does not mean that the information becomes public.

Opti-mized does not intend to publicly disclose identifiable customer facility information merely because it appears within the Opti-mized platform.

Public Case Studies

Opti-mized may wish to publish case studies, testimonials, project summaries, or examples of customer outcomes.

Identifiable customer information used in public-facing case studies may be subject to additional approval, authorization, contractual terms, or consent where appropriate.

Using customer data internally to provide the service does not automatically authorize public marketing use.

Customer Logos and Names

The right to use customer names, trademarks, logos, photographs, project results, or identifiable facility information for marketing may be governed by separate customer agreements or permissions.

This Privacy Policy does not itself create unrestricted marketing rights in customer trademarks or branding.

Data Used for Legal Compliance

Opti-mized may retain or use Customer Facility and Operational Data where necessary to comply with legal or regulatory obligations.

This may include:

  • Court orders;
  • Subpoenas;
  • Regulatory requests;
  • Tax requirements;
  • Accounting requirements;
  • Recordkeeping obligations;
  • Security obligations;
  • Other lawful requirements.

Data Used to Protect Rights

Customer information may also be used where reasonably necessary to:

  • Investigate fraud;
  • Investigate misuse;
  • Protect systems;
  • Respond to security incidents;
  • Enforce customer agreements;
  • Resolve payment disputes;
  • Defend legal claims;
  • Protect Opti-mized's rights;
  • Protect customer rights;
  • Protect users or third parties.

Customer Data and Government Requests

Where legally required, Opti-mized may disclose information in response to valid requests from courts, regulators, law-enforcement agencies, or other government authorities.

Where permitted and appropriate, Opti-mized may evaluate such requests to determine whether they appear lawful and appropriately scoped.

Customer Data in Corporate Transactions

Customer Facility and Operational Data may be involved in a merger, acquisition, financing, reorganization, asset sale, sale of business, bankruptcy, or similar corporate transaction.

Any transfer or disclosure in connection with such a transaction may be subject to confidentiality, legal, contractual, and privacy requirements.

Data Minimization

Where reasonably practicable, Opti-mized may seek to process only the Customer Facility and Operational Data necessary or relevant to the applicable service or purpose.

For example:

  • Technical troubleshooting may not require billing information;
  • Hardware reliability analysis may not require customer contact details;
  • Equipment runtime analysis may not require payment information;
  • Facility setup may not require unrelated personal information.

Unnecessary Sensitive Information

Customers should avoid submitting sensitive personal information that is not required for the requested service.

For example, customers generally should not upload:

  • Government identification numbers;
  • Personal financial account credentials;
  • Personal passwords;
  • Medical information;
  • Biometric information;
  • Unrelated employee records;

Other sensitive personal information

unless specifically requested by Opti-mized for a lawful and necessary purpose.

Personal Information Within Facility Data

Although much Customer Facility and Operational Data concerns buildings and equipment, some facility records may contain personal information.

Examples may include:

  • Contact names;
  • Business email addresses;
  • Phone numbers;
  • Names appearing on utility bills;
  • Employee names appearing on panel schedules;
  • Individuals appearing in photographs;
  • Technician names in installation records.

Where Customer Facility and Operational Data includes personal information, Opti-mized processes that information in accordance with applicable privacy requirements.

Non-Personal Facility Data

A significant portion of Customer Facility and Operational Data may not identify an individual.

For example:

  • Electrical current;
  • Equipment runtime;
  • Energy consumption;
  • Panel configuration;
  • Gateway status;
  • Equipment names;
  • Equipment operating patterns;
  • Demand;
  • Circuit loads;
  • Facility schedules.

Such information may fall outside the definition of personal information under certain laws.

Opti-mized may nevertheless apply confidentiality and security protections based on the customer relationship.

Customer Ownership Does Not Equal Personal-Information Ownership

Privacy law does not always treat personal information as property capable of being “owned” in the same manner as physical property.

Accordingly, references in this Privacy Policy to customer rights, ownership, or interests in data should be understood subject to applicable privacy, intellectual-property, confidentiality, contract, and data-protection laws.

Nothing in this Privacy Policy is intended to define legal ownership beyond what applicable law and customer agreements provide.

Intellectual Property

Opti-mized's processing of Customer Facility and Operational Data does not transfer ownership of Opti-mized technology to the customer.

Opti-mized may retain rights in its:

  • Software;
  • Platform;
  • Algorithms;
  • Analytical methods;
  • Models;
  • Hardware designs;
  • Detection methods;
  • User interfaces;
  • Reports templates;
  • Calculations;
  • Documentation;
  • Proprietary processes;
  • Aggregated insights;
  • De-identified analytics;
  • Other intellectual property.

Customer agreements may define these rights in greater detail.

Customer Data Versus Opti-mized Technology

A customer may retain rights in its underlying data while Opti-mized retains rights in the technology used to process that data.

For example:

  • The customer may retain rights in its electrical measurements;
  • Opti-mized may retain rights in the algorithm used to detect an energy-loss condition from those measurements;
  • The customer may retain rights in its equipment records;
  • Opti-mized may retain rights in the software used to generate the dashboard;
  • The customer may retain rights in its facility photographs;
  • Opti-mized may retain rights in the analytical methods used to interpret those photographs.

This distinction allows customers to retain their underlying information while allowing Opti-mized to continue developing its technology.

Customer Data Used With Opti-mized Intellectual Property

To provide the service, Customer Facility and Operational Data may be processed using proprietary Opti-mized:

  • Algorithms;
  • Models;
  • Calculations;
  • Analytics;
  • Detection methods;
  • Software;
  • Hardware;
  • Reports;
  • Workflows;
  • Classification systems.

The use of these systems does not merge ownership of the underlying customer data with ownership of the Opti-mized technology.

Facility Intelligence Reports

Facility Intelligence Reports may contain a combination of:

  • Customer-provided data;
  • Measured data;
  • Facility information;
  • Opti-mized-generated analysis;
  • Calculations;
  • Graphs;
  • Recommendations;
  • Proprietary report structure;
  • Other content.

Rights to use, reproduce, distribute, or share reports may be addressed in applicable customer agreements.

Customer Access to Facility Intelligence

Customers may access Facility Intelligence Data through available Opti-mized features, subject to:

  • User permissions;
  • Account status;
  • Product configuration;
  • Subscription terms;
  • Service availability;
  • Customer agreements.

Customer Use of Outputs

Customers may use Opti-mized outputs for internal business purposes as permitted under applicable agreements.

These outputs may support:

  • Energy management;
  • Facility planning;
  • Maintenance planning;
  • Retrofit decisions;
  • Capital planning;
  • Budgeting;
  • Operational decisions;
  • Reporting;
  • Funding applications;
  • Other facility-related activities.

No Guarantee of Accuracy

Customer Facility and Operational Data may be used to generate estimates, classifications, predictions, savings ranges, payback calculations, alerts, and other analytical outputs.

These outputs may depend on:

  • Data quality;
  • Sensor accuracy;
  • Customer-provided information;
  • Equipment mapping;
  • Utility rates;
  • Operating schedules;
  • Historical data;
  • Analytical assumptions;
  • Facility conditions.

Opti-mized does not necessarily guarantee that every analytical output will perfectly reflect actual future outcomes.

Customer Review

Customers should review significant analytical results in the context of actual facility operations before making decisions that involve:

  • Safety;
  • Equipment shutdown;
  • Maintenance;
  • Capital investment;
  • Retrofit implementation;
  • Operational changes;
  • Financial commitments.

Facility Intelligence Data is intended to support informed decision-making and should be considered together with appropriate facility-specific expertise.

Data Used for Verification

Customers may authorize Opti-mized to continue collecting information after operational or retrofit changes in order to verify results.

This may include comparing:

  • Pre-change performance;
  • Post-change performance;
  • Runtime;
  • Energy consumption;
  • Demand;
  • Equipment behaviour;
  • Savings.

Verification data remains part of Customer Facility and Operational Data or Facility Intelligence Data as applicable.

Historical Analysis

Customer data may be retained and analyzed historically to:

  • Establish baselines;
  • Compare performance;
  • Identify long-term trends;
  • Measure changes;
  • Support reports;
  • Support verification;
  • Detect gradual equipment changes;
  • Improve customer-specific intelligence.

Reprocessing Historical Data

Opti-mized may reprocess historical Customer Facility and Operational Data using updated analytical methods where reasonably necessary to improve the customer's service.

For example, historical information may be reanalyzed to:

  • Improve equipment classification;
  • Improve runtime calculations;
  • Improve savings estimates;
  • Apply new detection methods;
  • Generate improved reports.

Customer Data and New Features

Where customers gain access to new Opti-mized features, Customer Facility and Operational Data may be processed through those features where the use is reasonably related to the services and permitted under applicable agreements.

Materially different uses may be subject to additional notice or authorization where required.

Customer Data and Beta Features

Customers who voluntarily participate in beta, pilot, preview, or experimental features may authorize additional processing necessary to test and evaluate those features.

Additional terms may apply.

Customer Data and Research Participation

Customers may choose to participate in specific research or joint-development initiatives.

Where such participation involves uses beyond ordinary service delivery, Opti-mized may provide additional disclosures or obtain additional authorization where appropriate.

Customer Data and Artificial Intelligence

Opti-mized may use artificial intelligence, machine learning, algorithms, statistical methods, and other automated technologies to process Customer Facility and Operational Data where necessary to provide Opti-mized services.

This may include uses such as:

  • Pattern recognition;
  • Equipment classification;
  • Runtime estimation;
  • Document processing;
  • Photo analysis;
  • Energy-loss detection;
  • Anomaly detection;
  • Savings estimation;
  • Report generation;
  • Recommendation generation.

Customer-specific information may be processed by these systems to generate services for that customer.

General-Purpose AI Training

As described elsewhere in this Privacy Policy, Opti-mized does not provide identifiable customer Facility Data or identifiable customer Energy and Operational Data to unrelated third parties for the purpose of training those parties' general-purpose artificial intelligence models unless the customer specifically authorizes such use or the use is otherwise clearly disclosed and permitted by applicable law.

Data Used to Improve Opti-mized

Customer-specific information may be used where reasonably necessary to troubleshoot, maintain, secure, configure, and improve Opti-mized services for that customer.

For broader development and benchmarking, Opti-mized may use aggregated, anonymized, de-identified, statistical, synthetic, or otherwise appropriately protected information where reasonably practicable.

No Sale Merely Because Data Has Value

The fact that Customer Facility and Operational Data may have analytical or commercial value does not by itself mean that Opti-mized sells or transfers ownership of that information to unrelated parties.

Any disclosures are governed by this Privacy Policy, applicable agreements, and applicable law.

Changes in Customer Data Practices

As Opti-mized develops new hardware, software, integrations, reporting tools, analytics, and services, the manner in which Customer Facility and Operational Data is processed may evolve.

Where a material change affects the processing of personal information or customer data, Opti-mized may:

  • Update this Privacy Policy;
  • Provide additional notice;
  • Update customer agreements;
  • Obtain consent where required;
  • Provide configuration options;
  • Take other measures appropriate under applicable law.

Relationship With Customer Agreements

This Privacy Policy should be read together with applicable customer agreements.

Those agreements may contain additional provisions concerning:

  • Data ownership;
  • Confidentiality;
  • Security;
  • Data processing;
  • Intellectual property;
  • Aggregated data;
  • De-identified data;
  • Data retention;
  • Data deletion;
  • Service-provider access;
  • Reporting;
  • Licensing;
  • Customer responsibilities;
  • Opti-mized responsibilities.

Where a customer agreement provides more specific obligations concerning Customer Facility and Operational Data, those provisions may apply in addition to this Privacy Policy.

Data Processing Addenda

Certain customers may enter into a data processing addendum or similar agreement with Opti-mized.

Such agreements may establish additional requirements concerning:

  • Personal information;
  • Processing instructions;
  • Subprocessors;
  • Security;
  • International transfers;
  • Data-subject requests;
  • Breach notification;
  • Deletion;
  • Audits;
  • Other privacy requirements.

Where applicable, those terms supplement this Privacy Policy.

Government and Municipal Customers

Customers may include municipalities, public bodies, governmental organizations, or other public-sector entities.

These customers may be subject to additional obligations concerning:

  • Public records;
  • Procurement;
  • Access to information;
  • Records retention;
  • Cybersecurity;
  • Data residency;
  • Confidentiality;
  • Government contracting.

The treatment of customer information may therefore also be affected by the laws and contractual requirements applicable to the particular public-sector customer.

Public Records

Information supplied by or to public-sector customers may, in some jurisdictions, be subject to freedom-of-information, access-to-information, public-records, or similar laws.

Opti-mized cannot necessarily guarantee that information held by a public-sector customer will remain exempt from disclosure if that customer is legally required to produce it.

Where applicable, confidentiality designations or contractual protections may be used, but disclosure obligations ultimately depend on applicable law.

Customer Data From Contractors

A contractor, installer, consultant, or other authorized representative may submit Customer Facility and Operational Data on behalf of a customer.

Where that occurs, Opti-mized may treat the information as having been provided on behalf of the applicable customer, subject to the authority of the submitting party.

Multiple Parties With Rights in Data

Some information may involve rights or interests held by multiple parties.

For example:

  • A municipality may own a facility;
  • A contractor may create an electrical drawing;
  • A utility may generate a bill;
  • A consultant may prepare a report;
  • Opti-mized may generate analytical outputs.

Nothing in this Privacy Policy is intended to determine or override the intellectual-property or contractual rights of those parties beyond what applicable law and agreements provide.

Customers Should Review Third-Party Rights

Customers should ensure that their use of third-party documents, photographs, reports, drawings, datasets, or other materials with Opti-mized is permitted.

Opti-mized's ability to process customer-provided information does not grant the customer rights that the customer does not otherwise possess.

Security Responsibilities

Protecting Customer Facility and Operational Data may involve shared responsibilities.

Opti-mized may be responsible for securing its own systems, while customers may be responsible for matters such as:

  • Protecting account credentials;
  • Managing authorized users;
  • Maintaining secure customer networks;
  • Protecting exported reports;
  • Protecting downloaded data;
  • Removing access for former employees;
  • Maintaining secure email accounts;
  • Following installation and security guidance.

Customer Passwords and Credentials

Customers and users should not share Opti-mized passwords or authentication credentials with unauthorized parties.

Customer administrators should promptly update or revoke access when a user no longer requires access.

Customer Network Security

Where Opti-mized hardware connects to a customer-provided network, the customer may be responsible for maintaining appropriate security of that network.

Opti-mized may provide technical requirements or recommendations, but customers remain responsible for their own network infrastructure unless otherwise agreed.

Exported Data Security

Once Customer Facility and Operational Data or reports are downloaded from the Opti-mized platform, customers are responsible for protecting the exported copies under their control.

For example, customers should consider:

  • Who can access exported files;
  • Where files are stored;
  • Whether files are forwarded by email;
  • Whether shared drives are secure;
  • Whether reports contain sensitive facility information.

Customer Notifications

Customers may configure which users receive alerts, reports, or other notifications.

Customers should ensure that recipient information is accurate and that recipients are authorized to receive the applicable facility information.

Data Accuracy and Customer Decisions

Customers should recognize that Facility Intelligence depends in part on the quality and completeness of underlying information.

A savings estimate calculated using an incorrect utility rate may be inaccurate.

A runtime analysis based on an incorrectly mapped circuit may not accurately represent the intended equipment.

A schedule mismatch based on outdated operating hours may not represent actual energy loss.

Customers should therefore update information when relevant conditions change.

Facility Changes

Customers should update Opti-mized where appropriate if:

  • Equipment is replaced;
  • Circuits are reassigned;
  • Panels are modified;
  • Equipment schedules change;
  • Facility operating hours change;
  • Utility rates change;
  • Hardware is moved;
  • Sensors are reassigned;
  • Buildings are added or removed;
  • Facility use changes.

Changes in facility configuration may affect analytical results.

Equipment Replacement

Where equipment is replaced, historical information relating to the previous equipment may remain in Opti-mized records for historical comparison, reporting, or verification where appropriate.

New equipment may require updated configuration or baseline information.

Portfolio Changes

Customers managing multiple facilities may add or remove facilities over time.

Access to historical information relating to removed facilities may depend on:

  • Customer settings;
  • Service terms;
  • Data-retention practices;
  • Contract requirements.

Account Closure

When an account is closed, Opti-mized may disable customer access to the platform while retaining certain information for lawful and legitimate purposes.

Customers should review applicable terms and export required information before closure where necessary.

Mergers or Facility Transfers

If ownership or management of a facility changes, rights to facility information may need to be addressed between the outgoing and incoming customer.

Opti-mized may require appropriate authorization before transferring access to a new organization.

Customer Identity Verification

Opti-mized may require reasonable verification before:

  • Providing sensitive facility information;
  • Transferring account administration;
  • Exporting data;
  • Responding to deletion requests;
  • Transferring facilities between organizations.

Verification helps protect Customer Facility and Operational Data from unauthorized disclosure.

Data Requests

Customers may contact Opti-mized with questions or requests concerning their Customer Facility and Operational Data.

Depending on applicable law, contracts, and technical capabilities, requests may include:

  • Access;
  • Correction;
  • Export;
  • Deletion;
  • Restriction;
  • Account changes;
  • Permission changes.

Requests From Individual Users

Where a user requests access to or deletion of information that belongs to or is controlled by an organization, Opti-mized may need to coordinate with the applicable customer organization before responding.

For example, an employee may not necessarily have the authority to delete an entire municipality's facility records merely because the employee has a user account.

Customer Administrator Authority

Authorized customer administrators may have greater authority to manage:

  • User accounts;
  • Facility access;
  • Organization settings;
  • Notifications;
  • Customer information;
  • Other administrative functions.

Opti-mized may rely on instructions from properly authenticated customer administrators.

Data Disputes

If multiple parties dispute rights to Customer Facility and Operational Data, Opti-mized may limit access, preserve information, or require additional documentation while the dispute is resolved.

Opti-mized is not necessarily responsible for adjudicating underlying ownership disputes between customers, contractors, property owners, tenants, or other parties.

Preservation During Disputes

Information may be retained where reasonably necessary to preserve evidence or protect legal rights in connection with:

  • Contract disputes;
  • Ownership disputes;
  • Payment disputes;
  • Litigation;
  • Regulatory investigations;
  • Security incidents.

Compliance With Applicable Law

All processing of Customer Facility and Operational Data remains subject to applicable legal requirements.

Nothing in this section requires Opti-mized to process, retain, delete, transfer, disclose, or otherwise handle information in a manner prohibited by law.

Summary of Customer Rights and Opti-mized Processing

In general:

  • Customers retain their rights and interests in the underlying facility information they provide to Opti-mized;
  • Customers retain their rights and interests in underlying Energy and Operational Data generated through their facilities, subject to applicable law and agreements;
  • Customers retain their rights in photographs, documents, schedules, equipment records, and other information they lawfully provide;
  • Opti-mized does not claim ownership of a customer's underlying facility or operational data merely because that information is processed through Opti-mized;
  • Customers authorize Opti-mized to process that information as reasonably necessary to provide the products and services;
  • Opti-mized may configure facilities, panels, circuits, equipment, sensors, gateways, dashboards, and reports using customer information;
  • Opti-mized may analyze customer information to generate Facility Intelligence Data;
  • Opti-mized may use customer-specific information to improve services for that customer;
  • Opti-mized may use aggregated, de-identified, anonymized, statistical, synthetic, or otherwise appropriately protected information for broader research, benchmarking, product development, and improvement where reasonably practicable;
  • Opti-mized may use service providers to process customer information on its behalf subject to appropriate safeguards;
  • Customers are responsible for ensuring they have appropriate authority to provide information to Opti-mized;
  • Customers are responsible for managing access granted to their authorized users;
  • Customers should maintain accurate facility and configuration information;
  • Customer-specific facility information may remain confidential even where it is not considered personal information under privacy law;
  • Customer data may be retained, exported, deleted, or otherwise handled in accordance with applicable agreements, retention practices, and legal requirements;
  • Opti-mized retains its rights in its platform, hardware, software, algorithms, analytics, models, proprietary processes, and other intellectual property; and
  • Customer agreements may contain additional or more specific provisions concerning ownership, confidentiality, security, retention, processing rights, derived data, and intellectual property.

The purpose of these provisions is to maintain a clear distinction between a customer's underlying facility and operational information and the Opti-mized technology used to collect, organize, analyze, interpret, and transform that information into Facility Intelligence.

Opti-mized's role in receiving, processing, storing, analyzing, and transforming customer information is intended to enable us to provide the products and services customers have requested, not to claim ownership of a customer's underlying facility simply because information from that facility is processed through our technology.

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08

How We Share Information

In short: We share information only where there is a legitimate reason: with service providers, with people and integrations you authorize, where the law requires, to protect rights and security, or in business transactions. We don’t sell your Personal Information or identifiable facility data for money.

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Opti-mized does not sell customer Personal Information, Facility Data, or Energy and Operational Data for monetary compensation.

We do not operate a business model in which identifiable customer facility information, electrical measurements, equipment operating information, utility information, or customer Personal Information is collected for the purpose of being sold to data brokers, advertising networks, unrelated marketers, or other unrelated third parties.

The operation of Opti-mized does, however, require us to work with certain service providers, technology providers, payment providers, infrastructure providers, professional advisers, contractors, and other parties that assist us in providing, maintaining, securing, supporting, and administering our products and services.

Accordingly, we may disclose, transmit, make available, or otherwise provide access to information in the limited circumstances described in this Privacy Policy.

The type and amount of information disclosed depends on the purpose of the disclosure, the services involved, the information reasonably necessary for the recipient to perform its role, the customer's configuration, applicable contractual requirements, and applicable law.

Where reasonably practicable, we seek to limit disclosure to information that is reasonably necessary for the applicable purpose.

For example, a shipping provider may require a recipient name and shipping address to deliver Opti-mized hardware but would not ordinarily need access to a customer's detailed historical electrical measurements.

Similarly, a cloud infrastructure provider may technically process information stored within Opti-mized systems as part of providing hosting infrastructure, but does not need to use that information for unrelated marketing purposes.

The categories below describe the principal circumstances in which information may be shared or disclosed.

No Sale of Customer Personal Information or Facility Data for Monetary Compensation

Opti-mized does not sell customer Personal Information, identifiable Facility Data, or identifiable Energy and Operational Data to unrelated third parties in exchange for monetary compensation.

This means, for example, that we do not intend to sell customer-specific information such as:

  • Customer names;
  • User contact information;
  • Facility names;
  • Facility addresses;
  • Electrical panel information;
  • Equipment inventories;
  • Circuit mappings;
  • Electrical measurements;
  • Equipment runtime;
  • Equipment cycling;
  • Demand information;
  • Utility information;
  • Utility bills;
  • Facility operating schedules;
  • Energy-loss findings;
  • Facility Intelligence Data;
  • Customer-specific savings calculations;

Customer-specific reports

to unrelated third parties simply so those third parties can use that information for their own independent commercial purposes.

Our ability to use service providers to operate Opti-mized should not be confused with selling customer information.

A cloud provider hosting encrypted or otherwise protected customer information on behalf of Opti-mized, for example, is providing a service to Opti-mized rather than purchasing that customer information from us.

Similarly, a payment processor processing a transaction, an email provider delivering a service message, or a security provider assisting us with cybersecurity does not become the owner of the underlying customer information merely because information is processed through its systems.

Legal Definitions of “Sale” and “Sharing”

Privacy laws in certain jurisdictions may define terms such as “sale,” “share,” “disclosure,” or “targeted advertising” differently.

Some laws may define a “sale” more broadly than an exchange of information for direct monetary payment.

Where an applicable privacy law gives individuals specific rights relating to the sale, sharing, use, or disclosure of Personal Information, Opti-mized intends to comply with those requirements as applicable.

Nothing in this section is intended to narrow rights available under applicable law.

Additional information regarding privacy rights may be provided elsewhere in this Privacy Policy.

We Limit Disclosures to Legitimate Purposes

Where Opti-mized discloses information, the disclosure generally occurs because it is reasonably necessary to:

  • Provide Opti-mized products or services;
  • Operate the Opti-mized platform;
  • Operate connected hardware;
  • Maintain cloud infrastructure;
  • Process customer transactions;
  • Deliver hardware;
  • Communicate with customers;
  • Provide technical support;
  • Maintain cybersecurity;
  • Provide analytics or technical functionality;
  • Configure facilities;
  • Fulfill customer instructions;
  • Maintain business records;
  • Obtain legal, financial, insurance, or professional advice;
  • Protect Opti-mized or our customers;
  • Comply with applicable law;
  • Complete a legitimate corporate transaction;
  • Fulfill another purpose described in this Privacy Policy.

We do not intend to disclose identifiable customer information to unrelated parties without an appropriate business, contractual, legal, security, operational, or customer-authorized reason.

Service Providers

Opti-mized may provide information to or allow information to be processed by trusted companies, contractors, consultants, vendors, and other service providers that perform services for us or on our behalf.

Service providers help us operate the technological and administrative infrastructure required to deliver Opti-mized products and services.

Depending on the services involved, these providers may process Personal Information, Customer Facility and Operational Data, technical information, device information, transaction information, communications information, or other information described in this Privacy Policy.

Service providers may include providers of:

  • Cloud infrastructure;
  • Cloud computing;
  • Data hosting;
  • Data storage;
  • Database infrastructure;
  • Backup services;
  • Disaster recovery;
  • Website hosting;
  • Application hosting;
  • Content delivery;
  • Network services;
  • Infrastructure monitoring;
  • Device communications;
  • Internet-of-Things infrastructure;
  • Software services;
  • Platform infrastructure;
  • Analytics;
  • Website analytics;
  • Product analytics;
  • Cybersecurity;
  • Threat detection;
  • Authentication;
  • Identity management;
  • Access management;
  • Fraud prevention;
  • Payment processing;
  • Billing;
  • Accounting;
  • Tax administration;
  • Shipping;
  • Logistics;
  • Order fulfillment;
  • Email delivery;
  • SMS delivery;
  • Notification delivery;
  • Customer relationship management;
  • Customer support;
  • Technical support;
  • Software development;
  • Hardware development;
  • Firmware development;
  • Quality assurance;
  • Testing;
  • Data processing;
  • Reporting;
  • Document processing;
  • Image processing;
  • Business communications;
  • Professional consulting;
  • Legal services;
  • Accounting services;
  • Insurance services;
  • Audit services;
  • Other services reasonably necessary to operate Opti-mized.

The categories of information available to a particular provider depend on the services that provider performs.

Service Providers Process Information on Our Behalf

Where service providers process information on behalf of Opti-mized, we generally expect them to process information only for the purposes for which it is provided and in accordance with applicable contractual obligations and law.

Depending on the provider, agreement, jurisdiction, and service involved, contractual protections may address matters such as:

  • Confidentiality;
  • Permitted purposes;
  • Data security;
  • Data access;
  • Use restrictions;
  • Retention;
  • Deletion;
  • Subcontractors or subprocessors;
  • Incident notification;
  • Compliance with applicable privacy laws.

The specific contractual terms may vary depending on the service provider and the nature of the relationship.

Service Provider Access Is Intended to Be Limited

A service provider's access to information should generally be limited to what is reasonably necessary to provide the applicable service.

For example:

  • A payment processor may receive payment and billing information;
  • A shipping provider may receive shipping information;
  • A cloud provider may host platform information;
  • An email provider may process recipient addresses and message content;
  • A security provider may process system logs and technical information;
  • A technical support provider may receive information relevant to a support request.

The use of a service provider does not mean every provider receives every category of Opti-mized customer information.

Cloud Infrastructure Providers

Opti-mized relies on cloud infrastructure to operate portions of our products and services.

Cloud infrastructure may be used for purposes such as:

  • Hosting applications;
  • Hosting databases;
  • Receiving device information;
  • Storing Energy and Operational Data;
  • Storing Facility Intelligence Data;
  • Running analytical processes;
  • Managing connected hardware communications;
  • Providing backups;
  • Providing system redundancy;
  • Supporting disaster recovery;
  • Operating APIs;
  • Maintaining system availability;
  • Providing security tools;
  • Supporting data processing;
  • Operating other technical components of Opti-mized.

Our cloud infrastructure includes services provided by Amazon Web Services (“AWS”).

AWS may therefore process or host information on behalf of Opti-mized as part of the infrastructure used to provide our services.

The information processed through AWS depends on the particular architecture, systems, services, regions, and functionality used by Opti-mized.

AWS's role as an infrastructure provider does not mean that AWS owns Opti-mized customer information.

AWS and Connected Hardware

Opti-mized may use AWS infrastructure in connection with communications between Opti-mized gateways, connected devices, cloud systems, databases, analytical services, and the Opti-mized platform.

For example, information generated by hardware installed at a customer facility may be transmitted through secure communications channels to cloud infrastructure used by Opti-mized.

Cloud infrastructure may then be used to:

  • Receive information;
  • Authenticate devices;
  • Route information;
  • Store information;
  • Process information;
  • Associate information with customer facilities;
  • Support analytics;
  • Provide dashboards;
  • Generate reports;
  • Maintain device status;
  • Support alerts;
  • Maintain system logs.

Infrastructure Providers

In addition to cloud hosting providers, Opti-mized may work with other infrastructure providers that support:

  • Internet connectivity;
  • Network services;
  • Domain services;
  • Content delivery;
  • Device communications;
  • Monitoring;
  • Backups;
  • Logging;
  • Data storage;
  • Application performance;
  • System availability.

Such providers may process technical information necessary to perform their services.

Website Hosting Providers

Our website may be operated using third-party hosting, content-management, content-delivery, analytics, security, or web-development technologies.

These providers may receive information such as:

  • IP address;
  • Browser information;
  • Device information;
  • Page requests;
  • Website interactions;
  • Technical logs;
  • Error information;
  • Form information;
  • Cookie information;
  • Other technical or usage information.

The specific information depends on the website technologies being used.

Analytics Providers

We may use analytics providers to understand how our website, platform, applications, or services are being used.

Analytics providers may process information such as:

  • Page views;
  • Sessions;
  • Device information;
  • Browser information;
  • Feature usage;
  • Navigation;
  • Approximate location;
  • Technical identifiers;
  • Performance information;
  • Error information;
  • Other usage information.

We may use analytics services to:

  • Understand website traffic;
  • Understand platform usage;
  • Improve user experience;
  • Identify technical problems;
  • Evaluate feature adoption;
  • Improve product design;
  • Measure system performance.

Where required by applicable law, certain analytics technologies may be subject to consent or other privacy controls.

Security Providers

Opti-mized may work with security providers that help us protect our infrastructure, platform, devices, accounts, websites, and services.

Security providers may assist with:

  • Threat detection;
  • Security monitoring;
  • Malware detection;
  • Vulnerability management;
  • Authentication;
  • Fraud prevention;
  • Access control;
  • Network monitoring;
  • Security logging;
  • Incident response;
  • Security testing;
  • Other cybersecurity functions.

These providers may process information such as:

  • IP addresses;
  • Device identifiers;
  • Authentication activity;
  • System logs;
  • Security events;
  • Network information;
  • Account identifiers;
  • User activity;
  • Suspicious activity information.
  • Email and Communication Providers
  • We may use third-party providers to deliver:
  • Account messages;
  • Password reset messages;
  • Security notifications;
  • Service notifications;
  • Reports;
  • Alerts;
  • Product communications;
  • Customer support responses;
  • Marketing communications where permitted;
  • Other business communications.

Communication providers may process information such as:

  • Name;
  • Email address;
  • Telephone number where applicable;
  • Message content;
  • Delivery status;
  • Timestamp;
  • Communication preferences;
  • Message interactions where supported.

Customer Support Providers

Opti-mized may use service providers to assist with customer service or technical support.

Depending on the support request, such providers may process:

  • Account information;
  • Contact information;
  • Facility information;
  • Device information;
  • Hardware information;
  • Screenshots;
  • Communications;
  • Technical logs;
  • Diagnostic information;
  • Support-ticket information.

Access should generally be limited to what is reasonably necessary to provide support.

Software and Technology Providers

We may use software and technology providers for functions such as:

  • Software development;
  • Application hosting;
  • Databases;
  • Data visualization;
  • Reporting;
  • Monitoring;
  • Authentication;
  • Document processing;
  • Development tools;
  • APIs;
  • Integrations;
  • Communications;
  • Technical support;
  • Quality assurance.

The information available to these providers depends on the technology and how it is configured.

Hardware and Manufacturing Providers

Opti-mized may work with manufacturers, assemblers, component suppliers, logistics companies, connectivity providers, or other partners that support the production, configuration, shipping, or operation of hardware.

These providers may receive information such as:

  • Product specifications;
  • Device identifiers;
  • Serial numbers;
  • Shipping information;
  • Order information;
  • Hardware diagnostic information;
  • Technical configuration information.

They would not ordinarily require unrestricted access to customer Facility Data merely because they supply hardware components.

Connectivity Providers

Connected Opti-mized hardware may use Wi-Fi, Ethernet, cellular, or other communication services.

Where cellular or telecommunications providers are involved, they may process technical information necessary to provide connectivity, such as:

  • Device identifiers;
  • SIM information;
  • Network usage;
  • Connection information;
  • Technical metadata.

Their independent processing may also be governed by their own privacy practices and applicable telecommunications laws.

Professional Advisers

Opti-mized may disclose information to professional advisers where reasonably necessary to obtain professional services.

Professional advisers may include:

  • Lawyers;
  • Accountants;
  • Auditors;
  • Tax advisers;
  • Insurance brokers;
  • Insurers;
  • Cybersecurity advisers;
  • Consultants;
  • Financial advisers;
  • Corporate advisers;
  • Other professional service providers.

These parties may receive information where necessary to:

  • Provide legal advice;
  • Prepare financial statements;
  • Conduct audits;
  • Administer insurance;
  • Evaluate risk;
  • Support corporate transactions;
  • Resolve disputes;
  • Support tax compliance;
  • Assist with regulatory compliance;
  • Protect Opti-mized's legal interests.

Professional advisers may be subject to professional confidentiality obligations in addition to contractual obligations.

Accountants and Auditors

Accounting and audit providers may receive information relating to:

  • Customers;
  • Transactions;
  • Invoices;
  • Payments;
  • Contracts;
  • Revenue;
  • Taxes;
  • Financial records.

These providers would not ordinarily require access to detailed customer Energy and Operational Data unless such information is specifically relevant to an audit or other legitimate purpose.

Legal Advisers

Legal advisers may receive information where reasonably necessary to:

  • Draft agreements;
  • Review privacy practices;
  • Provide regulatory advice;
  • Respond to disputes;
  • Defend legal claims;
  • Investigate incidents;
  • Respond to lawful requests;
  • Support transactions.

Information disclosed to legal advisers may be subject to attorney-client privilege or other confidentiality protections where applicable.

Payment Providers

Purchases of Opti-mized products or services may be processed through independent payment processors, banks, payment gateways, or other financial service providers.

Payment providers may collect information necessary to complete a transaction.

This may include:

  • Cardholder name;
  • Billing address;
  • Payment-card number;
  • Card expiration date;
  • Security code;
  • Bank information;
  • Transaction amount;
  • Payment method;
  • Other payment-related information.

Opti-mized does not intend to retain full payment-card or credit-card

Information where that information is submitted directly to and processed by a third-party payment provider.

Instead, Opti-mized may receive limited information relating to the transaction.

This may include:

  • Transaction identifier;
  • Payment confirmation;
  • Payment status;
  • Amount;
  • Payment date;
  • Payment-method category;
  • Billing name;
  • Billing address;
  • Limited card information such as the final digits, where provided by the processor;
  • Refund information;
  • Chargeback information;
  • Fraud-screening information.

Payment Provider Privacy Practices

Information submitted directly to an independent payment provider may be governed by that provider's own:

  • Privacy policy;
  • Security practices;
  • Terms;
  • Retention requirements;
  • Regulatory obligations.

Payment providers may be subject to financial-services, payment-card, anti-fraud, anti-money-laundering, tax, or other legal requirements that apply independently of Opti-mized.

Fraud Prevention by Payment Providers

Payment processors may use transaction information to identify or prevent:

  • Fraud;
  • Unauthorized payments;
  • Chargebacks;
  • Payment abuse;
  • Suspicious transactions.

Opti-mized may receive information about whether a payment was accepted, declined, flagged, or otherwise affected by fraud-prevention systems.

Shipping, Logistics, and Fulfillment Providers

Where Opti-mized sells or delivers physical hardware, we may provide information to shipping carriers, fulfillment providers, customs brokers, logistics providers, or other companies involved in delivering the order.

Information may include:

  • Recipient name;
  • Organization name;
  • Delivery address;
  • Telephone number;
  • Email address;
  • Order information;
  • Shipping instructions;
  • Tracking information;
  • Customs information where necessary.

These parties may use the information as necessary to arrange, complete, track, and administer delivery.

Contractors and Installers

Opti-mized may work with contractors, electricians, installers, commissioning providers, technical consultants, or other professionals involved in deploying, servicing, troubleshooting, or supporting Opti-mized hardware.

Where necessary, we may provide these parties with information such as:

  • Facility name;
  • Facility address;
  • Site contact;
  • Electrical panel information;
  • MCC information;
  • Switchgear information;
  • Circuit information;
  • Hardware configuration;
  • Installation requirements;
  • Equipment information;
  • Device identifiers;
  • Technical instructions.

Information should generally be limited to what is reasonably necessary to perform the applicable work.

Customer-Selected Contractors

In some cases, a customer may choose its own electrician, installer, consultant, contractor, or other service provider.

Where a customer directs Opti-mized to coordinate with such a party, we may provide information reasonably necessary to complete the customer's requested project.

At Your Direction

We may disclose or provide information to another person, company, service provider, consultant, contractor, integration provider, government entity, utility, project partner, or other recipient when you or your organization directs, instructs, requests, permits, or authorizes us to do so.

For example, a customer may ask us to provide information to:

  • A facility manager;
  • A consultant;
  • An energy adviser;
  • An electrician;
  • A contractor;
  • A project manager;
  • A funding organization;
  • A utility;
  • A government agency;
  • A municipality;
  • An engineering or technical adviser;
  • A building operator;
  • A property manager;
  • Another authorized service provider.

Where we disclose information at a customer's direction, the customer is responsible for ensuring that the intended recipient is authorized to receive the information.

Authorized Users

Customers may authorize users to access information directly through the Opti-mized platform.

Depending on the permissions assigned, authorized users may be able to view:

  • Facility information;
  • Equipment information;
  • Energy information;
  • Reports;
  • Facility Intelligence Data;
  • Alerts;
  • Savings calculations;
  • Configuration information;
  • Other customer information.

Providing access to a customer-authorized user constitutes a disclosure within the customer's authorized environment.

Customers should therefore carefully manage:

  • User invitations;
  • Account permissions;
  • Administrator permissions;
  • Facility access;
  • Report recipients;
  • Notification recipients.

Customer-Directed Reports

Customers may request that reports be sent to or shared with specific parties.

For example, a customer may direct Opti-mized to provide a Facility Intelligence Report to:

  • Senior management;
  • Facility staff;
  • Consultants;
  • Funding agencies;
  • Municipal councils;
  • Contractors;
  • Other authorized recipients.

Where reports are shared outside Opti-mized at the customer's direction, the receiving party's subsequent handling may be outside our control.

Third-Party Integrations

Customers may choose to connect Opti-mized with external software, applications, platforms, utilities, building systems, reporting tools, or other third-party services.

Where a customer enables an integration, information may be exchanged with the external service as necessary to provide the requested functionality.

Depending on the integration, information exchanged may include:

  • Account identifiers;
  • Facility information;
  • Equipment information;
  • Energy information;
  • Utility information;
  • Device information;
  • Operational information;
  • User information;
  • Reports;
  • Configuration information.

The third party's independent use of information may be governed by its own privacy policy, terms, agreements, and legal obligations.

Customer Responsibility for Integrations

Customers are responsible for evaluating third-party integrations they choose to enable.

Enabling an integration may permit the third party to receive information from Opti-mized.

Customers should review the third party's:

  • Privacy practices;
  • Security practices;
  • Data-retention practices;
  • Terms of service;
  • Permissions.
  • before authorizing an integration.

Public-Sector and Government Customers

Opti-mized may provide services to municipalities, government entities, public institutions, or other public-sector customers.

Information relating to public-sector projects may be disclosed where required by:

  • Procurement rules;
  • Public-records laws;
  • Freedom-of-information laws;
  • Access-to-information laws;
  • Grant requirements;
  • Funding requirements;
  • Government reporting requirements;
  • Applicable contracts.

Public-sector customers may themselves be legally required to disclose certain documents in their possession.

Opti-mized cannot guarantee that information provided to a public body will remain confidential if the public body is legally required to disclose it.

Where appropriate, Opti-mized or the customer may designate information as confidential, proprietary, commercially sensitive, or otherwise protected, but the ultimate treatment of such information may depend on applicable law.

Funding Organizations and Program Administrators

Where a customer's project involves a grant, incentive program, utility program, government funding arrangement, or similar program, the customer may authorize or require Opti-mized to provide information to the applicable program administrator or funding organization.

Information may include:

  • Project information;
  • Facility information;
  • Energy information;
  • Savings information;
  • Reports;
  • Project status;
  • Milestones;
  • Costs;
  • Technical information;
  • Other information required by the program.

Where possible, disclosure will be limited to the information reasonably necessary to satisfy the applicable program requirements.

Legal Requirements

Opti-mized may disclose information where we reasonably believe disclosure is necessary or appropriate to comply with applicable law, legal process, regulatory requirements, government requests, court orders, subpoenas, warrants, or other lawful obligations.

Depending on the circumstances, disclosure may be made to:

  • Courts;
  • Law-enforcement authorities;
  • Government agencies;
  • Regulatory authorities;
  • Tax authorities;
  • Administrative bodies;
  • Other legally authorized entities.

We may disclose information where reasonably necessary to:

  • Comply with applicable law;
  • Comply with legal process;
  • Respond to a subpoena;
  • Respond to a court order;
  • Respond to a warrant;
  • Respond to lawful regulatory requests;
  • Respond to lawful government requests;
  • Meet tax obligations;
  • Meet accounting obligations;
  • Meet public-record requirements;
  • Meet reporting requirements;
  • Preserve evidence;
  • Protect our legal rights;
  • Protect the legal rights of our customers;
  • Protect the safety or security of individuals;
  • Protect our products;
  • Protect our systems;
  • Investigate fraud;
  • Investigate abuse;
  • Investigate unauthorized access;
  • Investigate illegal activity;
  • Enforce our agreements;
  • Establish legal claims;
  • Exercise legal rights;
  • Defend legal claims.

Evaluating Legal Requests

Where permitted by law and reasonably practicable, Opti-mized may evaluate legal or governmental requests for information to determine whether the request appears:

  • Lawful;
  • Valid;
  • Properly authorized;
  • Appropriately scoped.

Where appropriate, we may seek clarification, object to overly broad requests, or disclose only the information reasonably necessary to comply with the request.

Nothing in this Privacy Policy requires Opti-mized to challenge a valid legal demand where doing so would be inappropriate, unlawful, or impracticable.

Notification of Legal Requests

Where legally permitted and appropriate, Opti-mized may notify the affected customer of certain requests for information.

However, we may be prohibited from providing notice in circumstances involving:

  • Court orders;
  • Confidential investigations;
  • Law-enforcement restrictions;
  • Emergency situations;
  • Other legal prohibitions.

Protecting Legal Rights

We may disclose information where reasonably necessary to protect or enforce Opti-mized's rights.

This may include situations involving:

  • Breach of contract;
  • Non-payment;
  • Unauthorized access;
  • Misuse of the platform;
  • Intellectual-property infringement;
  • Fraud;
  • Security incidents;
  • Litigation;
  • Regulatory matters;
  • Other disputes.

Information may be disclosed to lawyers, courts, insurers, investigators, auditors, regulators, or other appropriate parties where reasonably necessary.

Security and Fraud Investigations

We may provide information to service providers, cybersecurity professionals, law enforcement, insurers, advisers, customers, or other appropriate parties where reasonably necessary to investigate or respond to an actual or suspected security incident.

This may include incidents involving:

  • Account compromise;
  • Unauthorized access;
  • Malware;
  • Data exfiltration;
  • Fraud;
  • Credential theft;
  • Device compromise;
  • Network attacks;
  • Unauthorized transactions;
  • Abuse of Opti-mized services.

Information disclosed for these purposes may include:

  • IP addresses;
  • Authentication records;
  • Account activity;
  • System logs;
  • Device identifiers;
  • Security events;
  • Communications;
  • Transaction records;
  • Other information relevant to the investigation.

Protecting Safety

Although Opti-mized primarily provides facility and energy technology rather than emergency services, there may be unusual circumstances in which disclosure is reasonably necessary to protect the safety of individuals.

Where permitted by law, information may be disclosed if we reasonably believe there is an imminent or significant threat to the safety of an individual or others and disclosure is appropriate under the circumstances.

Enforcement of Agreements

We may disclose information where reasonably necessary to enforce:

  • Terms of service;
  • Customer agreements;
  • Purchase agreements;
  • Subscription terms;
  • Licensing terms;
  • Confidentiality agreements;
  • Other agreements.

This may include providing information to:

  • Legal advisers;
  • Courts;
  • Arbitrators;
  • Mediators;
  • Collection agencies;
  • Insurers;
  • Other parties involved in resolving the dispute.

Corporate Affiliates

Where Opti-mized operates through affiliated legal entities, subsidiaries, parent entities, or commonly controlled organizations, information may be shared internally where reasonably necessary to operate the business, provide services, administer customer relationships, maintain security, or fulfill other purposes described in this Privacy Policy.

Any such internal sharing remains subject to applicable privacy, confidentiality, contractual, and legal requirements.

Where an affiliate independently determines how information is used for its own purposes, additional privacy disclosures may apply.

Internal Access Within Opti-mized

Information may be accessible to authorized Opti-mized employees, contractors, officers, directors, or personnel where access is reasonably necessary for their role.

Personnel may need access for purposes such as:

  • Customer support;
  • Facility configuration;
  • Product development;
  • Software development;
  • Hardware support;
  • Security;
  • Billing;
  • Accounting;
  • Sales;
  • Contract administration;
  • Legal compliance;
  • Quality assurance;
  • Analytics;
  • Troubleshooting.

Access may be restricted based on job responsibilities, permissions, and legitimate business need.

Internal access is not considered a sale of customer information.

Business Transactions

Information may be disclosed, reviewed, transferred, or otherwise made available in connection with an actual or proposed:

  • Merger;
  • Acquisition;
  • Financing;
  • Investment;
  • Reorganization;
  • Consolidation;
  • Joint venture;
  • Sale of business;
  • Sale of assets;
  • Corporate restructuring;
  • Change of control;
  • Insolvency;
  • Bankruptcy;
  • Receivership;
  • Due-diligence process;
  • Similar corporate transaction.

Such transactions may involve disclosure to:

  • Potential acquirers;
  • Investors;
  • Lenders;
  • Financial advisers;
  • Lawyers;
  • Accountants;
  • Auditors;
  • Insurers;
  • Other professional advisers.

Due Diligence

Before a transaction is completed, prospective purchasers, investors, lenders, or advisers may need access to certain information to evaluate the business.

Where customer or Personal Information is involved, Opti-mized may seek to limit access where appropriate through measures such as:

  • Confidentiality agreements;
  • Restricted data rooms;
  • Limited access;
  • Aggregated information;
  • Redaction;
  • De-identification where practicable;
  • Need-to-know restrictions.

The precise measures depend on the nature and stage of the transaction.

Transfer to a Successor

If Opti-mized or substantially all or part of its business or assets is acquired, transferred, reorganized, or otherwise succeeds to another entity, information associated with the transferred business may be transferred to the successor as part of the transaction.

The successor would remain subject to applicable privacy obligations with respect to Personal Information it receives.

Where required by law, additional notice may be provided in connection with a material change in how Personal Information will be processed following a transaction.

Corporate Financing

Opti-mized may share limited business and customer information with potential investors, lenders, financial institutions, or advisers as reasonably necessary to obtain financing.

Where possible, information used for financial due diligence may be:

  • Aggregated;
  • Redacted;
  • De-identified;
  • Limited to what is reasonably necessary.

Detailed customer-specific Facility Data or Energy and Operational Data would not ordinarily be necessary for routine financing discussions unless relevant to the transaction and appropriately protected.

Insurance

Information may be disclosed to insurers, brokers, claims administrators, investigators, or advisers where reasonably necessary to:

  • Obtain insurance;
  • Renew insurance;
  • Assess risk;
  • Report an incident;
  • Make a claim;
  • Defend a claim;
  • Resolve an insurance matter.

Audits

Information may be provided to auditors or other independent reviewers where reasonably necessary to conduct:

  • Financial audits;
  • Security audits;
  • Compliance audits;
  • Privacy audits;
  • Contract audits;
  • Other legitimate reviews.

Auditors may be subject to confidentiality and professional obligations.

Tax and Accounting Requirements

Opti-mized may provide transaction or customer information to:

  • Accountants;
  • Tax authorities;
  • Government agencies;
  • Auditors;
  • Financial institutions

where required to maintain financial records or comply with tax obligations.

Information provided for these purposes would generally relate to commercial and transaction records rather than unnecessary facility-level operational information.

Business Partners

In some circumstances, Opti-mized may work with business partners to provide an integrated or coordinated service.

Where a business partner requires access to customer information, disclosure may occur where:

  • The customer has requested the service;
  • The customer has authorized the disclosure;
  • The partner is acting as a service provider;
  • Disclosure is otherwise permitted by law and this Privacy Policy.

The partner's role and rights regarding information may depend on the specific relationship.

Referral Partners

If a customer is introduced to Opti-mized through a referral partner, limited information may be provided to the partner where reasonably necessary to administer the referral relationship.

For example, we may confirm that:

  • A referral was received;
  • A customer engaged with Opti-mized;
  • A transaction occurred;
  • A referral fee is payable.

We would not ordinarily provide detailed customer Energy and Operational Data to a referral partner merely because the partner made the introduction.

Marketing Providers

Where permitted by applicable law, Opti-mized may use providers to assist with:

Email marketing;

  • Customer communications;
  • Campaign management;
  • Website analytics;
  • Lead management;
  • Event management.

These providers may process business contact information and communication activity on behalf of Opti-mized.

Opti-mized does not intend to provide customer-specific Facility Data or Energy and Operational Data to marketing companies for unrelated advertising purposes.

Advertising Technologies

If Opti-mized uses advertising or marketing technologies on public website pages, those technologies may process website or device information as permitted by applicable law.

This could include:

  • Browser information;
  • Device information;
  • Cookie identifiers;
  • Website interactions;
  • Referral information.

Such website-related technologies are distinct from Customer Facility and Operational Data collected through installed Opti-mized hardware.

We do not intend to use customer electrical measurements or customer-specific equipment data for third-party behavioral advertising.

Artificial Intelligence and Technology Providers

Opti-mized may use artificial intelligence, machine learning, document-processing, image-processing, software-development, or other technology providers to support our products or internal operations.

Where such providers process customer information on behalf of Opti-mized, they may receive information necessary to perform the applicable function.

As described elsewhere in this Privacy Policy, Opti-mized does not provide identifiable customer Facility Data or identifiable Energy and Operational Data to unrelated third parties for the purpose of training those parties' general-purpose artificial intelligence models unless specifically authorized by the customer, otherwise clearly disclosed, or otherwise permitted under applicable law.

Service Provider AI Is Different From Independent AI Training

A third-party technology provider may technically process information when providing an AI-enabled or automated service to Opti-mized.

This does not necessarily mean that the provider is authorized to use that information to develop or train its own unrelated general-purpose models.

Where appropriate, Opti-mized may use available contractual terms, enterprise settings, privacy controls, or technical configurations intended to restrict such independent use.

De-Identified and Aggregated Information

Information that has been properly aggregated, anonymized, or de-identified so that it no longer reasonably identifies an individual may be used or disclosed differently from identifiable Personal Information where permitted by applicable law.

Opti-mized may share aggregated or de-identified information for purposes such as:

  • Research;
  • Benchmarking;
  • Product development;
  • Industry analysis;
  • Technical analysis;
  • Statistical reporting;
  • Business planning;
  • Technology development.

Where such information is treated as de-identified, we may take reasonable measures intended to reduce the risk of re-identification, as described elsewhere in this Privacy Policy.

Aggregated Information Does Not Mean Identifiable Customer Data Is Public

The fact that Opti-mized may publish or share a statistic based on aggregated data does not mean that the underlying customer information becomes public.

For example, a statement concerning aggregate energy opportunities across many facilities would not necessarily identify the individual facilities that contributed to the statistic.

Public Information

Opti-mized may disclose information that a customer has intentionally made public or directed Opti-mized to publish.

For example, a customer may authorize:

  • A testimonial;
  • A case study;
  • A customer logo;
  • A public project description;
  • A public savings result;
  • A press release.

We do not treat the mere fact that a customer uses Opti-mized as automatic permission to publish customer-specific confidential information.

Case Studies and Testimonials

Customer-specific results, Facility Intelligence Data, photographs, customer names, trademarks, or project details may be used in public case studies or testimonials where appropriate authorization has been obtained.

Authorization may be established through:

  • Written customer approval;
  • Contract terms;
  • Marketing consent;
  • Other appropriate authorization.

Disclosures Between Users Within an Organization

Where multiple authorized users belong to the same customer organization, information may be shared internally through the Opti-mized platform according to the permissions established by the customer.

For example, an administrator may allow multiple users to access:

  • The same facility;
  • The same dashboard;
  • The same reports;
  • The same equipment records;
  • The same Energy and Operational Data.

Customers are responsible for managing internal permissions and determining who should have access.

Disclosures Across a Customer Portfolio

A customer with multiple facilities may authorize users to access portfolio-level information.

A portfolio administrator may be able to view information aggregated across multiple facilities.

This is considered authorized customer access rather than disclosure to an unrelated third party.

Data Exported by Customers

Customers or authorized users may export, download, print, email, forward, or otherwise share information obtained through Opti-mized.

Once information has been exported from Opti-mized-controlled systems and provided to another party by the customer, that party's handling of the information may no longer be controlled by Opti-mized.

Customers should therefore protect:

  • Downloaded reports;
  • Exported data;
  • Facility documents;
  • Screenshots;
  • Email attachments;
  • Other copies of customer information.

Disclosures Necessary to Prevent Harm to Opti-mized Services

We may disclose information to service providers, infrastructure providers, advisers, authorities, or other appropriate parties where reasonably necessary to:

  • Prevent system outages;
  • Respond to cybersecurity threats;
  • Recover from a disaster;
  • Investigate data corruption;
  • Restore service;
  • Prevent malicious activity;
  • Protect connected devices;
  • Preserve customer data.

Emergency Technical Support

In unusual circumstances, resolving a serious technical issue may require temporary access by specialized vendors or technical experts.

Where this occurs, access may be limited to information reasonably necessary to investigate or resolve the issue.

Data Migration

If Opti-mized changes service providers, infrastructure providers, cloud providers, databases, or other technologies, information may be transferred between providers as part of the migration.

Such transfers may be necessary to:

  • Maintain service continuity;
  • Improve security;
  • Improve performance;
  • Change infrastructure;
  • Replace vendors;
  • Adopt new technologies.

Appropriate contractual and security protections may be used during migration where applicable.

Subprocessors

Certain service providers used by Opti-mized may themselves rely on subcontractors or subprocessors.

For example, a software provider may use a cloud infrastructure provider to deliver its service.

Where required by applicable law or customer agreements, subprocessors may be subject to data-protection, confidentiality, and security requirements.

Additional subprocessor information may be made available where appropriate for particular customers or contractual arrangements.

International Service Providers

Some service providers may process information in a country different from the country in which the customer or user is located.

This means information may be subject to the laws of the jurisdiction in which it is processed.

International transfers and cross-border processing are addressed elsewhere in this Privacy Policy.

Data Localization Requirements

Where specific customers or applicable laws require certain data to remain within a particular jurisdiction, Opti-mized may address those requirements through customer-specific arrangements where available and agreed.

Disclosures Required by Customer Contracts

Certain customer agreements may require Opti-mized to provide information to designated parties.

For example, a contract may require reporting to:

  • A funding agency;
  • A municipal authority;
  • A project manager;
  • A utility;
  • A designated consultant.

Such disclosures may occur in accordance with the applicable agreement and customer instructions.

Disclosure Minimization

Where reasonably practicable, Opti-mized may seek to disclose only the categories of information reasonably necessary for the intended purpose.

For example:

  • Shipping providers generally receive shipping information rather than detailed Energy and Operational Data;
  • Payment providers receive payment information rather than electrical panel photographs;
  • Professional advisers receive information relevant to the matter on which they are advising;
  • Contractors receive project and facility information needed to complete their work;
  • Analytics providers may receive usage information rather than unnecessary customer utility bills.

Need-to-Know Access

We may apply need-to-know principles when providing information to service providers, advisers, employees, contractors, or other recipients.

Access may be limited according to:

  • Role;
  • Responsibility;
  • Purpose;
  • System permissions;
  • Contract terms;
  • Technical controls.

Confidentiality Obligations

Recipients that process confidential customer information on behalf of Opti-mized may be subject to confidentiality obligations.

These may arise from:

  • Contracts;
  • Professional duties;
  • Employment obligations;
  • Law;
  • Security policies.

Security Expectations for Service Providers

Where appropriate, Opti-mized may evaluate security considerations when selecting or managing service providers that process customer information.

Relevant considerations may include:

  • Access controls;
  • Encryption;
  • Security certifications;
  • Incident response;
  • Authentication;
  • Data retention;
  • Security monitoring;
  • Infrastructure controls;
  • Subprocessor management.

The specific requirements depend on the provider and information involved.

Vendor Review

Opti-mized may periodically review providers that process important customer information.

Reviews may consider:

  • Security;
  • Privacy;
  • Contract terms;
  • Data use;
  • Retention;
  • Reliability;
  • Performance;
  • Compliance;
  • Business continuity.

Changes to Service Providers

Opti-mized may add, remove, or replace service providers as our technology and business evolve.

For example, we may change:

  • Cloud providers;
  • Analytics providers;
  • Communication providers;
  • Software providers;
  • Security providers;
  • Payment processors;
  • Support providers.

Where required by applicable law or customer agreements, we may provide appropriate notice of material changes.

No Guarantee That a Recipient Is Located in the Same Jurisdiction

Service providers may operate globally.

As a result, information may be processed outside the customer's province, state, or country.

Such processing is addressed in the international transfer section of this Privacy Policy.

Independent Third Parties

Some third parties act independently rather than solely as service providers to Opti-mized.

Examples may include:

  • Payment networks;
  • Banks;
  • Government agencies;
  • Customer-selected consultants;
  • Customer-selected integrations;
  • Utilities;
  • Shipping carriers;
  • Public authorities.

Where a third party determines its own purposes and methods for processing information, that party may be subject to its own privacy policy and legal obligations.

Links to Third-Party Websites

The Opti-mized website or platform may contain links to external websites.

If you follow a third-party link, any information you provide directly to that third party is governed by the third party's own practices.

Opti-mized is not responsible for the independent privacy practices of unrelated third-party websites solely because we link to them.

No Responsibility for Customer-Directed Third Parties

If a customer directs Opti-mized to provide information to a consultant, contractor, vendor, integration, funding organization, or other recipient, Opti-mized may not control how that recipient subsequently handles the information.

Customers should independently evaluate third parties before directing us to disclose information to them.

Disclosure of Personal Information Versus Facility Information

Not all information disclosed by Opti-mized is necessarily Personal Information.

For example, information may relate exclusively to:

  • Hardware;
  • Electrical systems;
  • Facilities;
  • Equipment;
  • Energy consumption;
  • Technical infrastructure.

Even where such information does not constitute Personal Information under applicable privacy law, Opti-mized may continue to treat customer-specific information as protected or confidential under applicable agreements and policies.

Disclosure of Facility Intelligence Data

Facility Intelligence Data may be provided to:

  • Authorized customer users;
  • Customer-designated recipients;
  • Service providers supporting Opti-mized;
  • Contractors or consultants where directed by the customer;
  • Other parties where disclosure is permitted under this Privacy Policy or required by law.

Opti-mized does not intend to make identifiable customer Facility Intelligence Data generally available to unrelated parties without an appropriate basis.

Disclosure of Energy and Operational Data

Energy and Operational Data may be processed by infrastructure and technology providers where necessary to provide Opti-mized services.

For example, measurements may pass through:

  • Opti-mized hardware;
  • Communication networks;
  • Cloud infrastructure;
  • Databases;
  • Analytical systems;
  • Reporting systems.

This technical processing is necessary to operate the service and is not the same as selling Energy and Operational Data to a third party.

Disclosure of Photographs and Documents

Customer photographs or documents may be accessible to:

  • Authorized Opti-mized personnel;
  • Technical service providers;
  • Customer-authorized contractors;
  • Other parties where necessary to provide the service.

For example, an installer may need to review an electrical panel photograph to prepare for installation.

A support provider may need to review a screenshot to resolve a customer issue.

Access should generally be limited to what is necessary for the purpose.

Disclosure of Account Information

Account information may be shared with:

  • Authentication providers;
  • Email providers;
  • Security providers;
  • Customer administrators;
  • Customer support providers;
  • Other service providers necessary to administer accounts.

Disclosure of Transaction Information

Transaction information may be shared with:

  • Payment processors;
  • Banks;
  • Accounting providers;
  • Tax advisers;
  • Auditors;
  • Shipping providers;
  • Customer procurement personnel;
  • Other parties involved in the transaction.

Disclosure of Technical Logs

Technical logs may be shared with:

  • Cloud providers;
  • Security providers;
  • Software developers;
  • Technical-support providers;
  • Incident-response professionals

where necessary to maintain, secure, or troubleshoot systems.

Disclosure Following a Security Incident

If a security incident affects customer information, disclosure may be made to appropriate:

  • Customers;
  • Users;
  • Authorities;
  • Insurers;
  • Cybersecurity firms;
  • Legal advisers;
  • Service providers

as reasonably necessary to investigate, remediate, or comply with applicable notification requirements.

Regulatory Reporting

Certain laws may require Opti-mized to report security, privacy, financial, corporate, or other matters to regulators.

Such reports may include information reasonably required by the applicable authority.

Preservation Requests

Opti-mized may preserve information in response to a valid legal preservation request or where reasonably necessary in anticipation of litigation, investigation, dispute, or regulatory matter.

Preservation does not necessarily mean the information will ultimately be disclosed.

Disclosure to Protect Intellectual Property

We may disclose information to advisers, investigators, authorities, hosting providers, domain registrars, courts, or other parties where reasonably necessary to investigate or enforce intellectual-property rights.

Disclosure in Disputes

Where a customer, vendor, contractor, employee, or other party becomes involved in a legal dispute with Opti-mized, relevant information may be provided to:

  • Lawyers;
  • Insurers;
  • Courts;
  • Arbitrators;
  • Mediators;
  • Experts;
  • Investigators;
  • Other persons involved in the dispute.

Collection Agencies

Where legally permitted, outstanding commercial debts may be referred to a collection agency or other provider.

Information provided may include:

  • Customer name;
  • Contact information;
  • Invoice information;
  • Amount due;
  • Contract information;
  • Payment history.

Detailed Energy and Operational Data would not ordinarily be necessary for debt collection.

Disclosure Required to Protect Customer Accounts

If we suspect an account has been compromised, we may provide limited information to:

  • The customer administrator;
  • A security provider;
  • A hosting provider;
  • An identity provider;
  • Law enforcement where appropriate
  • to protect the account.

Disclosure to Verify Customer Authority

Where necessary, we may communicate with a customer's organization to confirm whether an individual is authorized to:

  • Access a facility;
  • Receive data;
  • Manage users;
  • Obtain a report;
  • Request deletion;
  • Transfer an account;
  • Perform another administrative action.

Changes in Disclosure Practices

The parties with whom Opti-mized works may change as we develop our technology, expand our operations, add new products, enter new markets, or adopt new infrastructure.

If we materially change how Personal Information is disclosed, we may:

  • Update this Privacy Policy;
  • Provide additional notice;
  • Obtain consent where required;
  • Update contractual documentation;
  • Take other measures required by applicable law.

Customer Agreements May Provide Additional Protections

Some customers may enter into agreements with Opti-mized containing additional restrictions or requirements concerning disclosure.

Such agreements may address:

  • Confidentiality;
  • Subprocessors;
  • Security;
  • Data residency;
  • Government access;
  • Permitted disclosures;
  • Data processing;
  • Data retention;
  • Audit rights;
  • International transfers.

Where an applicable agreement imposes additional obligations on Opti-mized, those obligations may apply in addition to this Privacy Policy.

Data Processing Addenda

Where applicable, Opti-mized may enter into a Data Processing Addendum or similar agreement addressing the processing of Personal Information.

Such agreements may establish additional requirements concerning service providers, subprocessors, transfers, security, or disclosure.

We Do Not Disclose More Simply Because It Is Available

The fact that Opti-mized possesses information does not mean that all of that information is provided whenever a disclosure occurs.

For example, a customer support request involving a password-reset problem may require account information but not facility utility information.

A shipping request may require an address but not equipment runtime data.

A financial audit may require invoice information but not detailed second-by-second electrical measurements.

Where reasonably practicable, disclosure is tailored to the applicable purpose.

Summary of When Information May Be Disclosed

At a high level, Opti-mized may disclose information:

  • To cloud infrastructure providers;
  • To hosting providers;
  • To data storage providers;
  • To infrastructure providers;
  • To cybersecurity providers;
  • To analytics providers;
  • To communications providers;
  • To payment processors;
  • To banks and financial service providers;
  • To shipping and logistics providers;
  • To customer support providers;
  • To software and technology providers;
  • To hardware and connectivity providers;
  • To contractors and installers;
  • To professional advisers;
  • To accountants and auditors;
  • To insurers;
  • To customer-authorized users;
  • To third parties selected or authorized by the customer;
  • Through integrations enabled by the customer;
  • To funding organizations where authorized or required;
  • To government or public-sector entities where required;
  • In response to lawful legal process;
  • To protect rights, security, property, or safety;
  • To investigate fraud, abuse, or unauthorized access;
  • In connection with business transactions;
  • As otherwise reasonably necessary to provide Opti-mized products and services;
  • As otherwise described in this Privacy Policy; or
  • Where otherwise permitted or required by applicable law.

Our General Approach to Disclosure

Our general approach is that identifiable customer information should be disclosed only where there is a legitimate reason for the disclosure.

We do not sell customer Personal Information, identifiable Facility Data, or identifiable Energy and Operational Data to unrelated third parties for monetary compensation.

Where third parties help us operate Opti-mized, we may provide or permit access to information reasonably necessary for them to perform their services.

Where customers direct us to share information, we may do so in accordance with those instructions.

Where disclosure is legally required, we may disclose information necessary to comply with the applicable requirement.

Where a corporate transaction occurs, information may transfer as part of the business subject to applicable legal and privacy obligations.

Where possible and appropriate, we seek to limit disclosures through measures such as access controls, contractual restrictions, confidentiality obligations, data minimization, aggregation, de-identification, and other technical or organizational safeguards.

The fact that Opti-mized relies on third-party infrastructure and service providers to operate a sophisticated connected facility-intelligence platform does not mean that those providers acquire ownership of customer information or may freely use that information for unrelated purposes.

Customer Personal Information, Facility Data, Energy and Operational Data, Facility Intelligence Data, photographs, documents, and other protected customer information remain subject to the safeguards, purposes, limitations, agreements, and legal requirements described throughout this Privacy Policy.

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09

Cookies and Analytics

In short: Our websites and platform may use cookies and similar technologies to work, stay secure, remember your preferences, understand how they are used and measure marketing.

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Opti-mized uses, or may use, cookies and similar technologies on our websites, web applications, platform interfaces, customer portals, marketing pages, and other digital services in order to operate our services, maintain security, remember user preferences, understand how our websites and products are used, improve performance, measure marketing activity, and support other business purposes described in this Privacy Policy.

Depending on the website, application, feature, jurisdiction, device, browser, account status, and user preferences, these technologies may include:

  • Essential cookies;
  • Strictly necessary cookies;
  • Authentication cookies;
  • Login cookies;
  • Session cookies;
  • Security cookies;
  • Preference cookies;
  • Functional cookies;
  • Analytics cookies;
  • Performance cookies;
  • Measurement technologies;
  • Advertising cookies;
  • Marketing cookies;
  • Conversion tracking;
  • Attribution technologies;
  • Retargeting technologies;
  • Pixels;
  • Tags;
  • Web beacons;
  • Local storage;
  • Browser storage;
  • Software development kits;
  • Log files;
  • Device identifiers;
  • Session identifiers;
  • Advertising identifiers where applicable;
  • Similar technologies used to store, retrieve, recognize, measure, or transmit information.

For simplicity, this section may refer to these technologies collectively as “Cookies and Similar Technologies.”

The specific technologies used by Opti-mized may change over time as our websites, platform, marketing activities, analytics systems, and service providers evolve.

Not every technology described in this section is necessarily used on every Opti-mized website, application, account, dashboard, or service.

For example, certain advertising technologies may be used on public marketing pages but may not be used within authenticated portions of the Opti-mized customer platform.

Similarly, certain analytics technologies may be enabled only where permitted by law, consented to by the user where required, or otherwise configured for the applicable service.

What Cookies Are

Cookies are small files or pieces of information that websites or online services may store on or access from a user’s browser, computer, mobile device, or other internet-connected device.

Cookies can perform a wide variety of functions.

For example, cookies may:

  • Remember that a user has logged in;
  • Maintain a secure session;
  • Remember a user’s language or display preference;
  • Help prevent unauthorized account access;
  • Remember cookie preferences;
  • Record whether certain notices have been displayed;
  • Help a website understand which pages are visited;
  • Measure how long users interact with certain pages;
  • Help identify navigation patterns;
  • Measure the effectiveness of marketing campaigns;
  • Attribute a website visit to a particular advertising campaign.

Some cookies are deleted when a browser session ends, while others may remain on the device for a longer period.

The duration of a cookie depends on its purpose, configuration, provider, and applicable settings.

First-Party and Third-Party Cookies

Cookies may be classified as either first-party cookies or third-party cookies.

First-party cookies are generally placed or controlled by the website or service that the user is directly visiting.

Opti-mized may use first-party cookies for purposes such as:

  • Maintaining login sessions;
  • Remembering preferences;
  • Maintaining website functionality;
  • Maintaining platform functionality;
  • Improving security;
  • Remembering cookie choices;
  • Measuring website usage.

Third-party cookies may be placed or accessed by service providers or other third parties whose technologies are used on the website.

Third-party cookies may support functions such as:

  • Analytics;
  • Advertising;
  • Conversion tracking;
  • Marketing attribution;
  • Social media measurement;
  • Embedded content;
  • Security;
  • Performance measurement.

The availability and operation of third-party cookies may depend on browser settings, privacy controls, consent preferences, and applicable law.

Essential and Strictly Necessary Cookies

Certain Cookies and Similar Technologies may be necessary for the basic operation, security, reliability, and functionality of Opti-mized websites or applications.

These may be referred to as essential, strictly necessary, or required cookies.

Essential technologies may be used for purposes such as:

  • Allowing users to navigate a website;
  • Maintaining an authenticated session;
  • Keeping users logged in;
  • Remembering that a user has successfully authenticated;
  • Preventing unauthorized account access;
  • Protecting against security threats;
  • Maintaining session integrity;
  • Preventing cross-site request forgery;
  • Supporting load balancing;
  • Maintaining service availability;
  • Remembering privacy or cookie preferences;
  • Supporting checkout functionality;
  • Maintaining shopping-cart functionality where applicable;
  • Preserving information entered during a session;
  • Maintaining platform functionality;
  • Supporting account administration.

Because these technologies may be necessary for the operation or security of a service, disabling them may prevent portions of the website or platform from functioning properly.

Where applicable law permits, essential cookies may be used without optional consent because they are necessary to provide the requested service or maintain security.

Login and Session Cookies

Opti-mized may use login and session cookies to maintain a user’s authenticated connection to the Opti-mized platform.

These technologies may help us:

  • Recognize an authenticated user;
  • Maintain login status;
  • Associate requests with the correct session;
  • Prevent repeated login prompts;
  • Maintain authorized access to facilities;
  • Maintain user permissions;
  • Protect customer information;
  • End sessions after appropriate periods of inactivity;
  • Support secure logout;
  • Detect unusual session activity.

Session information may include:

  • Session identifier;
  • Account identifier;
  • Authentication status;
  • Session start time;
  • Session expiration;
  • Device or browser information;
  • Security information.

Session cookies may be temporary and may expire when the browser is closed or after a defined period.

Authentication Technologies

In addition to cookies, authentication systems may use tokens, local storage, browser storage, or other technologies to securely manage user access.

These technologies may support:

  • Password-based authentication;
  • Multi-factor authentication;
  • Single sign-on;
  • Account recovery;
  • Security verification;
  • Session renewal;
  • Access-control enforcement.

Authentication technologies are used to protect user accounts and customer information.

Security Cookies and Technologies

We may use cookies, logging technologies, device information, or other technical mechanisms to protect Opti-mized websites, accounts, and systems.

Security-related technologies may help us:

  • Detect suspicious login activity;
  • Detect repeated failed login attempts;
  • Detect automated abuse;
  • Prevent fraud;
  • Prevent account takeover;
  • Detect malicious requests;
  • Maintain session integrity;
  • Detect unusual device or browser activity;
  • Protect forms;
  • Prevent security attacks;
  • Protect customer accounts;
  • Support incident investigations.

Information collected for security purposes may include:

  • IP address;
  • Browser;
  • Device information;
  • Session identifier;
  • Authentication status;
  • Request patterns;
  • Security events;
  • Timestamp information.

Preference Cookies

Preference or functional cookies may allow Opti-mized websites or applications to remember choices made by a user.

These may include:

  • Language preference;
  • Region preference;
  • Display settings;
  • Dashboard preferences;
  • Cookie preferences;
  • Notification preferences;
  • Previously selected filters;
  • User-interface preferences;
  • Other convenience settings.

Preference cookies can make a website or platform easier to use by reducing the need for users to repeatedly enter or select the same settings.

Functional Technologies

Functional technologies may support features that are not strictly necessary for basic website operation but improve usability.

For example, functional technologies may help:

  • Preserve form progress;
  • Remember previously selected options;
  • Maintain dashboard states;
  • Support embedded functionality;
  • Provide interactive tools;
  • Support customer-specific configurations;
  • Remember recently accessed facilities.

Where applicable law requires consent for such technologies, we may request consent before using them.

Analytics Technologies

Opti-mized may use analytics technologies to understand how visitors and authorized users interact with our websites, platform, applications, reports, and digital services.

Analytics information may help us answer questions such as:

  • How many people visit the Opti-mized website;
  • Which pages are viewed most often;
  • How users arrive at the website;
  • Which pages users leave from;
  • How long visitors spend on particular pages;
  • Which features are used most frequently;
  • Which forms are completed;
  • Which pages generate errors;
  • Which devices or browsers are commonly used;
  • Whether website performance is acceptable;
  • Whether users encounter navigation difficulties;
  • How customer onboarding flows perform;
  • Which reports or dashboards are commonly accessed;
  • Which platform features are useful;
  • Which product workflows may need improvement.

Analytics may be conducted using first-party tools, third-party tools, server logs, application logs, or other measurement systems.

Information Collected Through Analytics

Depending on the analytics technology used, information may include:

  • IP address;
  • Browser type;
  • Browser version;
  • Device type;
  • Operating system;
  • Screen or display characteristics;
  • Approximate geographic region;
  • Referring website;
  • Referral source;
  • Landing page;
  • Pages viewed;
  • Navigation paths;
  • Time spent on pages;
  • Session duration;
  • Click activity;
  • Feature usage;
  • Form interactions;
  • Download activity;
  • Report access;
  • Error information;
  • Performance information;
  • Session identifiers;
  • Cookie identifiers;
  • Technical metadata;
  • Other website or platform usage information.

Where appropriate, analytics information may be aggregated, truncated, pseudonymized, de-identified, or otherwise processed to reduce unnecessary identification.

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10

Advertising and No Sale of Personal Information

In short: We don’t sell Personal Information, or identifiable facility or energy data, for money. Our public website may use advertising and analytics tools. Where the law gives you a right to opt out, you can use our privacy or cookie controls.

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Opti-mized does not sell Personal Information for money.

We do not operate a business model in which Personal Information, identifiable Customer Facility and Operational Data, identifiable Energy and Operational Data, or identifiable Facility Intelligence Data is sold to data brokers, advertising networks, marketers, or other unrelated third parties in exchange for direct monetary compensation.

However, certain privacy laws in the United States define terms such as “sale,” “sharing,” “targeted advertising,” “cross-context behavioral advertising,” or similar concepts more broadly than an ordinary commercial sale.

Under some of these laws, certain disclosures of Personal Information to advertising, analytics, social media, measurement, retargeting, or marketing technology providers may potentially be considered a regulated “sale,” “sharing,” or use of Personal Information for targeted advertising, even where Opti-mized does not receive money in exchange for the information.

For example, certain advertising or analytics technologies may transmit information about a website visitor's browser, device, interactions, advertising activity, or website usage to third-party providers in order to measure advertising effectiveness, attribute conversions, understand marketing performance, retarget website visitors, or deliver advertisements that may be more relevant to the visitor.

Depending on the applicable jurisdiction and the way a particular technology is configured, such activity may be subject to legal requirements that give users the right to opt out.

Where applicable law provides such a right, Opti-mized intends to provide mechanisms through which eligible users can exercise the right.

These mechanisms may include:

  • Cookie preference controls;
  • Privacy preference tools;
  • Advertising opt-out controls;
  • Browser-based privacy signals where legally required;
  • Account settings where available;
  • A privacy request form where available;
  • Direct communication with Opti-mized;
  • Other mechanisms required by applicable law.

Users may also contact Opti-mized regarding applicable privacy choices at:

info@opti-mized.com

No Sale of Personal Information for Monetary Compensation

Opti-mized does not sell Personal Information to unrelated third parties in exchange for money.

For purposes of clarity, we do not intend to receive monetary compensation in exchange for providing unrelated third parties with information such as:

  • Names;
  • Email addresses;
  • Telephone numbers;
  • Account information;
  • Facility contacts;
  • Login information;
  • Customer-specific facility information;
  • Utility information;
  • Facility photographs;
  • Electrical panel photographs;
  • Equipment photographs;
  • Electrical measurements;
  • Equipment runtime information;
  • Equipment cycling information;
  • Demand information;
  • Energy consumption information;
  • Customer-specific Facility Intelligence Data;
  • Customer-specific savings calculations;
  • Customer-specific reports.

Our use of cloud providers, payment processors, software providers, analytics providers, advertising providers, contractors, or other service providers does not necessarily constitute a “sale” in the ordinary meaning of the word.

However, certain laws may apply different legal definitions to particular disclosures, particularly those involving digital advertising.

Broad Legal Definitions of “Sale”

Some state privacy laws define “sale” more broadly than a traditional transaction in which one company receives money in exchange for customer information.

Depending on the applicable law, a “sale” may potentially include certain transfers, disclosures, or making available of Personal Information in exchange for money or another form of valuable consideration.

Accordingly, a disclosure may potentially be treated as a “sale” under a particular law even where:

  • No customer list is sold;
  • No data file is purchased;
  • No direct cash payment is received in exchange for the information;
  • The disclosure occurs automatically through a website technology;
  • The third party receives browser or device information rather than a person's name;
  • The disclosure supports advertising measurement or attribution;
  • The disclosure supports advertising or retargeting functionality.

The legal classification of a particular activity depends on the applicable law, the type of information involved, the recipient, the purpose of the disclosure, contractual restrictions, available exemptions, and how the relevant technology is configured.

Meaning of “Sharing”

Certain privacy laws separately regulate the “sharing” of Personal Information.

The term “sharing” may refer to disclosure of Personal Information to another party for purposes such as cross-context behavioral advertising, regardless of whether money is exchanged.

For example, a website may use an advertising pixel that allows an advertising platform to understand that a browser visited a particular page.

The advertising platform may then use that activity, together with information available through its own systems, to help select advertising for that browser or associated user.

In certain jurisdictions, this activity may potentially constitute “sharing” of Personal Information even where Opti-mized does not sell the information for money.

Targeted Advertising

Certain laws provide users with the right to opt out of the processing of Personal Information for targeted advertising.

Targeted advertising generally refers to advertising selected based on information obtained from a person's activity over time and across different websites, applications, or services.

The exact legal definition varies by jurisdiction.

Targeted advertising may involve technologies such as:

  • Advertising cookies;
  • Retargeting cookies;
  • Advertising pixels;
  • Conversion pixels;
  • Device identifiers;
  • Browser identifiers;
  • Advertising identifiers;
  • Website-event tracking;
  • Audience-matching technologies;
  • Similar tools.

Where Opti-mized engages in targeted advertising that is subject to an applicable privacy law, eligible users may have the right to opt out.

Cross-Context Behavioral Advertising

Certain privacy laws use the term cross-context behavioral advertising to describe advertising that is selected based on Personal Information obtained from a person's activity across businesses, distinctly branded websites, applications, or services.

For example, if a user visits an Opti-mized webpage and an advertising provider subsequently uses information relating to that visit to assist in selecting an Opti-mized advertisement shown on another service, the activity may fall within a regulated advertising category in certain jurisdictions.

Where applicable law gives users the right to opt out of such activity, Opti-mized intends to provide appropriate opt-out mechanisms.

Advertising Technologies That May Be Involved

Depending on our marketing activities, Opti-mized may use technologies such as:

  • Google advertising technologies;
  • Meta advertising technologies;
  • LinkedIn advertising technologies;
  • Conversion pixels;
  • Retargeting pixels;
  • Campaign attribution tools;
  • Advertising cookies;
  • Marketing tags;
  • Audience-measurement tools;
  • Similar technologies.

These technologies may transmit information such as:

  • IP address;
  • Browser type;
  • Device type;
  • Operating system;
  • Cookie identifier;
  • Advertising identifier;
  • Page viewed;
  • Referral source;
  • Advertising interaction;
  • Conversion event;
  • General geographic region;
  • Other website or marketing activity.

The specific information transmitted depends on the technology and configuration used.

Google Advertising and Analytics Technologies

Opti-mized uses or may use Google technologies for purposes including:

  • Analytics;
  • Advertising;
  • Conversion measurement;
  • Campaign attribution;
  • Remarketing;
  • Website performance analysis.

Depending on configuration, Google may receive information relating to:

  • Website visits;
  • Browser activity;
  • Device information;
  • IP address;
  • Advertising interactions;
  • Conversion events;
  • Cookie identifiers.

Certain uses of Google technologies may be considered targeted advertising, sharing, or another regulated disclosure under some U.S. privacy laws.

Where an applicable opt-out right exists, Opti-mized intends to provide appropriate controls.

Meta Advertising Technologies

Opti-mized uses or may use Meta technologies for purposes such as:

  • Advertising measurement;
  • Conversion tracking;
  • Audience measurement;
  • Retargeting;
  • Campaign optimization.

Depending on configuration, a Meta pixel or similar technology may receive information about interactions with Opti-mized public website pages.

Such activity may potentially fall within certain state-law definitions of sharing or targeted advertising.

Where required, Opti-mized may provide consent or opt-out controls appropriate to the jurisdiction.

LinkedIn Advertising Technologies

Opti-mized uses or may use LinkedIn technologies for business-to-business marketing, advertising measurement, campaign attribution, retargeting, or similar purposes.

Depending on how such technologies are configured, LinkedIn may receive:

  • Browser information;
  • Device information;
  • Website-event information;
  • Advertising identifiers;
  • Conversion information;
  • Other website activity.

Certain disclosures may be regulated under applicable U.S. state privacy laws.

Where users have an applicable right to opt out, Opti-mized intends to provide appropriate mechanisms.

Website Advertising Data Is Different From Customer Facility Data

Opti-mized draws an important distinction between information collected through public website advertising technologies and the Customer Facility and Operational Data generated through Opti-mized products.

Advertising technologies are generally used in connection with:

  • Website visitors;
  • Marketing campaigns;
  • Advertising performance;
  • Demo requests;
  • Sales inquiries;
  • Product-page interactions;
  • Other marketing-related activity.

They are not intended to receive detailed customer facility or electrical information.

For example, Opti-mized does not intend to provide advertising platforms with customer-specific information such as:

  • Electrical current measurements;
  • Voltage measurements;
  • Equipment runtime;
  • Equipment cycling;
  • Circuit-level energy use;
  • Facility demand;
  • Utility bills;
  • Electrical panel schedules;
  • Facility Intelligence Reports;
  • Energy-loss findings;
  • Customer-specific savings calculations.

for purposes of targeted or behavioral advertising.

No Sale of Energy and Operational Data for Advertising

Opti-mized does not intend to sell or disclose identifiable Energy and Operational Data to advertising platforms for purposes of targeted advertising.

Energy and Operational Data is collected primarily to:

  • Provide facility intelligence;
  • Analyze equipment behaviour;
  • Generate reports;
  • Identify potential energy-loss opportunities;
  • Calculate savings;
  • Support customer operations;
  • Improve Opti-mized services.

It is not intended to be used to build consumer advertising profiles.

No Sale of Facility Intelligence Data for Advertising

Similarly, Opti-mized does not intend to provide identifiable Facility Intelligence Data to unrelated advertising providers for purposes of targeted advertising.

For example, a finding that a particular customer's rooftop unit is operating after hours is not intended to be transmitted to an advertising platform so that the customer or its employees can be targeted with advertisements.

No Sale of Facility Photos for Advertising

Electrical panel photographs, MCC photographs, switchgear photographs, equipment photographs, facility photographs, and similar customer submissions are not intended to be provided to advertising networks for targeted advertising purposes.

Business Contact Advertising

Where permitted by applicable law, Opti-mized may use business contact information for marketing or business-to-business advertising.

For example, business email addresses or professional contact information may be used to:

  • Send business communications;
  • Identify professional audiences;
  • Conduct business-to-business outreach;
  • Measure campaign effectiveness;
  • Create audience matches where legally permitted.

Depending on the jurisdiction and technology, certain audience-matching activities may be subject to applicable sale, sharing, or targeted advertising rights.

Audience Matching

Certain advertising platforms may allow businesses to provide identifiers, such as business email addresses, in order to identify an advertising audience.

The provider may compare the information with records in its own systems.

Where Opti-mized uses such functionality, we may use measures such as hashing or other transformation where supported.

However, transformed identifiers may still constitute Personal Information under certain privacy laws.

Where applicable law provides an opt-out right, the activity may be subject to that right.

Retargeting

Retargeting allows Opti-mized to advertise to browsers or devices that previously interacted with our website.

For example, someone who visits an Opti-mized product page may later see an Opti-mized advertisement on a third-party website or social media platform.

Retargeting may involve:

  • Cookies;
  • Pixels;
  • Device identifiers;
  • Browser identifiers;
  • Advertising identifiers.

Certain laws may classify retargeting as targeted advertising or sharing.

Conversion Measurement

Conversion measurement helps Opti-mized determine whether an advertising campaign contributed to a desired action.

A conversion might include:

  • Requesting a demonstration;
  • Submitting a contact form;
  • Starting facility setup;
  • Completing a purchase;
  • Registering for an event;
  • Visiting a specific webpage.

Conversion tracking does not necessarily identify the individual to Opti-mized by name.

However, it may still involve Personal Information under applicable privacy laws.

Attribution

Opti-mized may use attribution technologies to understand how a user arrived at our website.

Attribution may help identify whether a visit resulted from:

  • A Google advertisement;
  • A LinkedIn advertisement;
  • A Meta advertisement;
  • Organic search;
  • Email marketing;
  • Referral traffic;
  • Another campaign.

This information may be used to understand marketing performance.

Analytics and “Sale” or “Sharing”

Not all analytics activities are necessarily treated as a sale, sharing, or targeted advertising.

For example, analytics performed solely on behalf of Opti-mized under appropriate contractual restrictions may be treated differently under certain laws from analytics used by a provider for its own cross-context advertising purposes.

The legal classification may depend on:

  • The provider's role;
  • Contractual terms;
  • Purpose limitations;
  • Data-use restrictions;
  • Provider settings;
  • Applicable law.

Opti-mized may configure analytics providers in ways intended to limit unnecessary advertising-related uses where reasonably practicable.

Service Providers Versus Third Parties

Privacy laws may distinguish between a service provider processing information on behalf of Opti-mized and a third party processing information for its own purposes.

A service provider may process Personal Information to perform contracted services for Opti-mized, subject to applicable restrictions.

Such processing may not constitute a sale or sharing under certain laws.

By contrast, disclosure to a party that independently uses information for cross-context advertising may be treated differently.

The legal classification depends on the specific relationship.

No Sale Merely Because a Service Provider Processes Data

The use of a cloud provider, payment processor, security provider, communications provider, or other service provider does not automatically mean Opti-mized sells Personal Information.

For example:

  • AWS hosting customer data is not equivalent to selling the data to AWS;
  • A payment processor processing a transaction is not equivalent to selling payment information;
  • An email provider delivering a service message is not equivalent to selling the recipient's email address;
  • A security provider processing logs is not equivalent to selling security information.

Compensation Is Not Limited to Cash Under Some Laws

Certain laws may consider “valuable consideration” rather than direct monetary payment.

As a result, a disclosure could potentially be regulated even where Opti-mized receives:

  • Advertising measurement;
  • Analytics;
  • Audience-matching functionality;
  • Advertising optimization;
  • Other services.

For this reason, Opti-mized's statement that it does not sell Personal Information for money does not necessarily mean that every advertising-related disclosure falls outside every statutory definition of “sale.”

User Rights

Where applicable law grants users the right to opt out of:

  • Sale of Personal Information;
  • Sharing of Personal Information;
  • Targeted advertising;
  • Cross-context behavioral advertising;
  • Similar advertising-related processing.

eligible users may exercise those rights using mechanisms made available by Opti-mized.

Cookie Preference Controls

One method of exercising certain advertising-related preferences may be through our cookie preference controls.

Depending on implementation, users may be able to disable categories such as:

  • Advertising cookies;
  • Marketing cookies;
  • Retargeting technologies;
  • Non-essential analytics;
  • Similar tracking technologies.

Disabling these technologies may prevent or reduce future advertising-related disclosures from the browser on which the preference is stored.

Browser-Level Privacy Signals

Certain browsers or extensions may transmit signals intended to communicate a privacy preference.

Where applicable law requires Opti-mized to honor a legally recognized browser-based opt-out signal, we intend to respond as required.

The technical treatment of these signals may depend on:

  • Applicable jurisdiction;
  • Browser;
  • Device;
  • Signal type;
  • Website configuration.

Global Privacy Control

Some users may enable a browser-based privacy signal such as Global Privacy Control or another recognized mechanism intended to communicate an opt-out preference.

Where applicable law requires recognition of such a signal, Opti-mized intends to process the signal in accordance with the applicable requirements.

The signal may apply to the browser or device from which it is sent and may not automatically apply across all devices or accounts.

Browser-Level Opt-Outs May Be Device Specific

Cookie and browser-based opt-out preferences may be stored locally on a particular browser.

As a result, a user may need to exercise the preference separately on:

  • Another browser;
  • Another computer;
  • A mobile device;
  • A private browsing session.

Account-Based Opt-Outs

Where technically feasible, Opti-mized may offer account-based privacy preferences that can apply more broadly than a browser cookie.

The availability of such controls may depend on the platform and legal requirements.

Contacting Opti-mized

Users may also contact Opti-mized to exercise applicable rights or ask questions concerning advertising-related processing.

Requests may be sent to:

info@opti-mized.com

When submitting a request, users may be asked to provide information reasonably necessary to:

  • Identify the request;
  • Confirm the applicable jurisdiction;
  • Verify identity where required;
  • Determine which rights apply;
  • Locate relevant information;
  • Process the request.

Verification of Requests

Certain privacy requests may require identity verification.

Verification helps prevent an unauthorized person from attempting to exercise rights over another person's information.

Depending on the request, verification may involve:

  • Email verification;
  • Account verification;
  • Providing information that can be matched with existing records;
  • Other reasonable verification methods.

We will generally seek to avoid collecting unnecessary additional Personal Information solely for verification.

Requests Made Through Authorized Agents

Certain state laws permit individuals to use authorized agents to submit privacy requests.

Where applicable, Opti-mized may require reasonable evidence that:

  • The agent is authorized;
  • The request relates to the correct individual;
  • Any required verification has been completed.

Opt-Out Requests Generally Apply Prospectively

An opt-out request generally affects future processing subject to the request.

It may not necessarily require deletion of Personal Information already lawfully collected.

Deletion rights, where applicable, are separate and may be subject to different requirements and exceptions.

Existing Advertising Audiences

If a user opts out after information has already been used to create an advertising audience, it may take time for advertising providers to update their systems.

Opti-mized may implement the opt-out for future processing under our control, but third-party systems may retain previously processed information according to their own policies, legal obligations, and contractual terms.

Opting Out Does Not Necessarily Stop All Advertising

A user who opts out of targeted advertising may continue to see advertisements.

The advertisements may instead be:

  • Contextual;
  • Non-personalized;
  • Broadly targeted;
  • Based on factors unrelated to the user's prior activity.

Opting out generally relates to the use of Personal Information for regulated targeted advertising, not to advertising as a whole.

Contextual Advertising

Contextual advertising is generally based on the content or context of the webpage being viewed rather than the user's activity across unrelated services.

For example, an advertisement for facility-energy software displayed on a website about energy management may be contextual rather than targeted based on an individual's browsing history.

Contextual advertising may not be subject to the same opt-out requirements as targeted advertising under certain laws.

First-Party Marketing

Opti-mized may use information collected directly through its own interactions to communicate with existing or prospective customers where permitted by law.

First-party marketing may include:

  • Email communications;
  • Product announcements;
  • Demo follow-up;
  • Customer communications;
  • Similar outreach.

Such activity may be legally distinct from targeted advertising conducted across unrelated third-party services.

Unsubscribing From Email Is Different From Advertising Opt-Out

An unsubscribe request from marketing emails does not necessarily perform the same function as an opt-out from targeted advertising.

These choices may be managed separately.

For example:

  • Email unsubscribe controls marketing messages;
  • Cookie settings may control advertising cookies;
  • Browser privacy signals may control certain third-party disclosures.

Users may need to use more than one mechanism if they wish to exercise multiple types of privacy preferences.

Essential Technologies Are Not Disabled by Advertising Opt-Outs

An opt-out from targeted advertising does not necessarily prevent the use of technologies necessary to:

  • Maintain account security;
  • Keep users logged in;
  • Process transactions;
  • Maintain fraud prevention;
  • Operate the website;
  • Preserve privacy preferences.

Essential technologies may remain active where permitted by law.

Security Processing Is Separate

Opti-mized may continue to process technical information for security purposes even where a user opts out of advertising-related processing.

For example, we may continue to process:

  • IP addresses;
  • Login logs;
  • Security events;
  • Authentication information;
  • Fraud-prevention information.

Such processing is intended to protect systems and users rather than deliver targeted advertising.

Analytics May Continue in Limited Forms

Depending on applicable law and configuration, some analytics may continue after an advertising opt-out.

For example, Opti-mized may use:

  • Aggregated analytics;
  • First-party analytics;
  • Server logs;
  • Essential performance monitoring;
  • De-identified statistics.

The availability and legal treatment of these technologies varies.

Data Already De-Identified

Information that has been effectively de-identified or anonymized so that it no longer reasonably identifies an individual may not be subject to certain sale or targeted advertising rights under applicable laws.

We may continue using appropriately de-identified information for purposes described elsewhere in this Privacy Policy.

Sale and Sharing Does Not Include Every Disclosure

Certain privacy laws provide exceptions for disclosures that would otherwise appear broad.

Depending on the applicable law, “sale” or “sharing” may exclude certain disclosures such as:

  • Disclosures to service providers;
  • Disclosures made at a consumer's direction;
  • Disclosures necessary to provide a requested service;
  • Certain corporate transactions;
  • Certain legally required disclosures;
  • Other statutory exceptions.

Whether an exception applies depends on the applicable law and circumstances.

Customer-Directed Disclosures

Where a customer expressly instructs Opti-mized to disclose information to a third party, such disclosure may be treated differently from an advertising-related disclosure.

For example, if a customer directs us to provide a Facility Intelligence Report to its consultant, that is not the type of disclosure generally contemplated by this section.

Publicly Directed Disclosures

Where an individual intentionally directs Opti-mized to interact with another party, such as by using a third-party integration, the resulting disclosure may fall outside certain statutory definitions of sale or sharing.

The applicable treatment depends on law and context.

Corporate Transactions

Transfers of information in connection with mergers, acquisitions, restructurings, or similar transactions may also be treated differently from sale or sharing for advertising purposes.

Such transfers are described elsewhere in this Privacy Policy.

Payment Processing

Providing information to a payment provider to process an authorized transaction is generally unrelated to targeted advertising.

Such disclosures are described under the payment-provider provisions of this Privacy Policy.

Cloud Hosting

The use of cloud infrastructure to host customer information is distinct from advertising-related sale or sharing.

For example, information processed by AWS to provide cloud infrastructure is not provided to AWS for the purpose of behavioral advertising merely because AWS hosts the data.

Customer Facility Data and Advertising Restrictions

Opti-mized intends to maintain a clear boundary between customer facility intelligence and public website marketing.

In particular, Opti-mized does not intend to use customer-specific facility information for third-party targeted advertising.

This includes information such as:

  • Panel layouts;
  • Circuit mappings;
  • Equipment operating schedules;
  • Energy and Operational Data;
  • Utility information;
  • Facility Intelligence Data;
  • Savings estimates;
  • Maintenance indicators;
  • Equipment classifications.

Customer Reports and Advertising

Facility Intelligence Reports are intended for customer use and service delivery.

We do not intend to provide identifiable customer reports to advertising networks for advertising-targeting purposes.

Customer Support Information and Advertising

Customer support communications, diagnostic logs, device errors, and similar technical information are not intended to be disclosed to advertising platforms for targeted advertising.

Payment Information and Advertising

Full payment-card information is not intended to be used for advertising targeting.

Payment providers may independently process information under their own legal obligations, but payment-card data is not intended to be transferred to marketing platforms merely to target advertising.

Sensitive Personal Information

Opti-mized does not intend to use sensitive Personal Information for targeted advertising unless such use is specifically permitted and appropriately disclosed.

Because Opti-mized is primarily a commercial facility intelligence provider, our services are not designed to collect sensitive consumer information for advertising profiling.

Children and Targeted Advertising

Opti-mized products and services are primarily intended for business and organizational users.

We do not knowingly engage in targeted advertising based on Personal Information from children through the Opti-mized platform.

Additional children's privacy provisions may appear elsewhere in this Privacy Policy.

Business-to-Business Contacts

Certain state privacy laws provide exemptions or different treatment for information used in a business-to-business context.

The availability of such exemptions varies by jurisdiction.

Where applicable, rights relating to business contact information may differ from rights relating to consumer information.

State-Specific Privacy Rights

The precise privacy rights available to an individual depend on the law applicable to that person.

Certain U.S. states may provide rights relating to:

  • Sale;
  • Sharing;
  • Targeted advertising;
  • Profiling;
  • Access;
  • Deletion;
  • Correction;
  • Data portability;
  • Appeals;
  • Other privacy matters.

Additional information about applicable privacy rights may be provided elsewhere in this Privacy Policy.

We Do Not Assume Every Visitor Has the Same Rights

Privacy rights vary by jurisdiction.

Accordingly, an opt-out right available to a resident of one state may not necessarily apply to a resident of another state.

Opti-mized may apply certain rights more broadly where operationally practical, but this Privacy Policy does not guarantee that every right applies to every individual regardless of jurisdiction.

Rights Are Subject to Legal Exceptions

Privacy rights are not absolute.

Applicable laws may permit Opti-mized to deny, limit, or modify a request in certain circumstances.

Examples may include situations where information is necessary to:

  • Provide a requested service;
  • Complete a transaction;
  • Detect security incidents;
  • Prevent fraud;
  • Comply with law;
  • Exercise legal rights;
  • Maintain records;
  • Fulfill contractual obligations;
  • Protect systems.

Where required, Opti-mized may explain the basis for denying or limiting a request.

Appeals

Certain state privacy laws may give individuals the right to appeal a decision concerning a privacy request.

Where such rights apply, Opti-mized may provide information regarding the appeal process.

Non-Discrimination

Where applicable law provides a right to opt out of sale, sharing, or targeted advertising, Opti-mized will not unlawfully discriminate against an individual merely because the individual exercises that right.

This does not prevent differences that are reasonably related to the value or functionality of data where permitted by applicable law.

Functionality May Be Reduced

Although Opti-mized will not unlawfully discriminate, certain website functions may work differently if a user disables advertising or analytics technologies.

For example:

  • Marketing attribution may no longer function;
  • Personalized advertising may stop;
  • Retargeting may stop;
  • Some analytics may be unavailable.

Essential service functionality should generally remain available unless the disabled technology is necessary for the requested function.

Consent Where Required

In jurisdictions that require prior consent for certain advertising technologies, Opti-mized may request consent before activating those technologies.

Consent may be requested through:

  • A cookie banner;
  • Preference center;
  • Consent-management tool;
  • Other interface.

Users may be able to withdraw consent where required by law.

Opt-Out Versus Consent Models

Different jurisdictions use different regulatory models.

Some may require prior opt-in consent.

Others may permit certain activity unless the user opts out.

Accordingly, Opti-mized's privacy controls may vary depending on the applicable legal requirements.

Advertising Provider Controls

Google, Meta, LinkedIn, and other platforms may provide their own privacy and advertising controls.

Users may separately manage their preferences through those services.

Those third-party settings operate independently from Opti-mized's own privacy controls.

Browser Controls

Users may also control or delete certain advertising cookies through browser settings.

Depending on the browser, users may be able to:

  • Block third-party cookies;
  • Delete existing cookies;
  • Restrict cross-site tracking;
  • Use private browsing;
  • Disable specific website storage.

Browser controls may not affect information previously collected by a provider.

Mobile Device Controls

If Opti-mized uses advertising identifiers in future mobile applications, users may have additional controls through their device operating system.

These may include controls concerning:

  • Tracking permission;
  • Advertising identifiers;
  • Personalized advertising.

Effect of Clearing Cookies

If a user clears cookies after submitting an advertising opt-out through a cookie preference tool, the browser may lose the preference cookie used to remember the opt-out.

In such circumstances, the user may need to submit the preference again.

Consent Records

Where required, Opti-mized may retain information documenting a user's privacy preference.

This may include:

  • Consent status;
  • Opt-out status;
  • Date;
  • Time;
  • Browser identifier;
  • Preference categories;
  • Version of the privacy notice.

Such records may be retained to demonstrate compliance.

Advertising Data Retention

Advertising providers may retain campaign or website-event information according to their own retention practices and contractual arrangements.

Opti-mized may also retain aggregated campaign information for purposes such as:

  • Marketing analysis;
  • Business planning;
  • Campaign performance;
  • Recordkeeping.

Deletion Requests

An opt-out of targeted advertising is different from a deletion request.

An individual may separately have the right to request deletion of certain Personal Information where applicable.

Deletion requests may be subject to legal exceptions.

Access Requests

Certain individuals may also have the right to ask what categories of Personal Information Opti-mized has collected, including information related to advertising technologies.

Additional information concerning access requests may be provided elsewhere in this Privacy Policy.

Correcting Information

Advertising identifiers may not always correspond to information that can meaningfully be corrected.

However, where Opti-mized maintains identifiable Personal Information that is inaccurate and applicable law provides a correction right, users may submit a correction request.

Data Portability

Certain state privacy laws may provide rights to receive Personal Information in a portable format.

Whether advertising-related data is available in a portable format may depend on technical feasibility and the information maintained by Opti-mized.

Information Opti-mized Cannot Reasonably Identify

Some advertising data may be associated only with a cookie identifier, browser, or device.

Opti-mized may not be able to determine the real-world identity of the individual associated with that identifier.

Where applicable law recognizes exceptions for information a business cannot reasonably associate with an individual, those provisions may apply.

Service Provider Reporting

Advertising platforms may provide Opti-mized with aggregated campaign reports rather than directly identifiable information.

For example, Opti-mized may receive statistics showing:

  • Total impressions;
  • Total clicks;
  • Total conversions;
  • Conversion rate;
  • Cost per conversion.

Aggregated reports may not identify individual users.

We May Change Advertising Providers

Opti-mized may add, remove, or replace advertising and analytics providers over time.

Accordingly, the particular technologies involved in regulated sale, sharing, or targeted advertising may change.

Where required, we may update:

  • This Privacy Policy;
  • Cookie notices;
  • Preference tools;
  • Vendor disclosures.

We May Stop Certain Advertising Practices

Opti-mized may discontinue retargeting, cross-context advertising, audience matching, or other marketing technologies at any time.

The fact that a technology is described in this Privacy Policy does not mean it is necessarily active at all times.

We May Introduce New Advertising Technologies

Likewise, Opti-mized may introduce new advertising, analytics, or measurement technologies.

Where those technologies materially affect how Personal Information is processed, we may provide additional disclosures or controls where required.

Privacy by Design in Marketing

Where reasonably practicable, Opti-mized may seek to design marketing activities in ways that reduce unnecessary collection or disclosure of Personal Information.

This may include approaches such as:

  • Limiting advertising events;
  • Using aggregated reporting;
  • Limiting retention;
  • Disabling unnecessary data collection;
  • Using consent management;
  • Restricting advertising-provider use;
  • Avoiding customer Facility Data in marketing systems.

Data Minimization

Advertising providers generally should not receive information that is unnecessary for advertising or measurement.

For example, marketing attribution ordinarily does not require:

  • Customer utility bills;
  • Panel photographs;
  • Energy measurements;
  • Equipment mappings;
  • Facility reports;
  • Gateway diagnostics.

Opti-mized intends to maintain separation between these systems where reasonably practicable.

Advertising Data and Customer Accounts

Some website marketing activity may occur before a person becomes an Opti-mized customer.

If a website visitor later creates an account, certain business records may allow Opti-mized to understand that the person previously interacted with a marketing campaign.

However, this does not mean that detailed Customer Facility and Operational Data will be sent back into advertising platforms.

Advertising Data and CRM Systems

Marketing or sales information may be stored in customer relationship management systems.

This may include:

  • Lead source;
  • Campaign source;
  • Form submissions;
  • Business contact information;
  • Sales status.

Such information may be used for sales and marketing purposes as described in this Privacy Policy.

Customer Facility Data and CRM Systems

Facility information may sometimes be included in sales or project records where relevant to customer discussions.

However, detailed high-frequency Energy and Operational Data is not intended to be used as advertising audience information.

Public Website Visitors

Most advertising-related processing described in this section is relevant to public website visitors or prospective customers rather than users interacting solely with installed Opti-mized hardware.

Authenticated Platform Users

Authenticated platform activity may be subject to product analytics, security logs, and usage measurement.

This does not necessarily mean that authenticated dashboard activity is used for cross-context targeted advertising.

Opti-mized may seek to limit advertising technologies within authenticated customer environments where reasonably appropriate.

Sensitive Customer Environments

Because Opti-mized may serve municipalities, public institutions, commercial facilities, and other organizations, customer dashboards may contain operationally sensitive information.

We do not intend to expose such information to advertising platforms merely for marketing measurement.

Security Logs and Sale/Sharing

Security logs may contain Personal Information such as IP addresses or account identifiers.

Such information is processed to protect Opti-mized systems and is not intended to be sold or shared for targeted advertising.

Fraud Prevention

Information disclosed to fraud-prevention providers for the purpose of detecting fraudulent or abusive activity is distinct from advertising-related sharing.

Legal Compliance

Opti-mized may continue to disclose Personal Information where required by law even if a user opts out of advertising-related processing.

An advertising opt-out does not prevent:

  • Court-ordered disclosures;
  • Regulatory disclosures;
  • Security disclosures;
  • Other legally required processing.

Corporate Transactions

An opt-out from targeted advertising does not necessarily prohibit information from being transferred in a merger, acquisition, or other corporate transaction where permitted by law.

Such transactions are addressed elsewhere in this Privacy Policy.

Aggregated Information

Opti-mized may continue to use or disclose properly aggregated information that does not reasonably identify individuals, subject to applicable law and agreements.

Aggregated information may be used for:

  • Marketing statistics;
  • Business planning;
  • Research;
  • Product development;
  • Industry analysis.

De-Identified Information

Opti-mized may also use de-identified information as permitted by law.

Where information is treated as de-identified, we may take reasonable measures intended to prevent re-identification as described elsewhere in this Privacy Policy.

Opt-Out Does Not Affect Customer Service

Exercising an applicable opt-out right relating to sale, sharing, or targeted advertising should not prevent a customer from:

  • Accessing the Opti-mized platform;
  • Receiving Facility Intelligence;
  • Using installed hardware;
  • Receiving customer support;
  • Receiving reports;
  • Maintaining an account.

except to the extent that an optional technology is required for a specific feature.

Marketing Communications May Still Be Sent Where Permitted

Opting out of targeted advertising does not necessarily unsubscribe a user from marketing email.

Users may separately unsubscribe from email marketing using the unsubscribe link or other communication preference mechanisms.

Transactional Communications Continue

Users who opt out of targeted advertising may continue receiving communications necessary to provide the service, such as:

  • Account notices;
  • Security messages;
  • Support communications;
  • Invoices;
  • Order information;
  • Facility report notices;
  • Hardware alerts.

Requests Should Be Clear

When contacting Opti-mized, users may help us process requests more efficiently by indicating that they wish to:

  • Opt out of targeted advertising;
  • Opt out of sale;
  • Opt out of sharing;
  • Change cookie preferences;
  • Exercise another privacy right.

Contact Information

Questions or requests relating to sale, sharing, advertising technologies, targeted advertising, cookie preferences, or other privacy matters may be submitted to:

info@opti-mized.com

No Requirement to Create an Account to Submit Certain Requests

Where applicable law prohibits requiring an individual to create an account solely to exercise a privacy right, Opti-mized will not require account creation solely for that purpose.

We may still require reasonable verification.

Processing Time

Privacy requests may be processed within the time periods required by applicable law.

Where legally permitted, Opti-mized may extend a response period when reasonably necessary and provide notice of the extension.

Request Records

Opti-mized may maintain records of privacy requests in order to:

  • Document compliance;
  • Prevent repeated processing errors;
  • Maintain opt-out preferences;
  • Respond to audits;
  • Protect against fraud.

These records may include limited Personal Information necessary to document the request.

No Retaliation for Exercising Rights

Opti-mized will not unlawfully retaliate against an individual for exercising applicable privacy rights concerning sale, sharing, or targeted advertising.

Changes in U.S. Privacy Laws

State privacy laws continue to evolve.

Definitions of:

  • Sale;
  • Sharing;
  • Targeted advertising;
  • Profiling;
  • Sensitive data;
  • Consent;
  • Universal opt-out mechanisms.

may change over time.

Opti-mized may update its practices and this Privacy Policy to reflect changes in legal requirements.

Changes in Technology

Advertising technology also changes rapidly.

Browser restrictions, privacy-preserving advertising methods, platform changes, and new technical standards may alter how marketing measurement operates.

Opti-mized may therefore change its advertising practices as technology evolves.

No Representation That Every Advertising Technology Is Active

The description of a particular advertising method or provider in this Privacy Policy does not necessarily mean that Opti-mized actively uses that method at all times.

We may describe technologies that we use now, may use in the future, or have enabled only for particular campaigns or regions.

Region-Specific Configuration

Opti-mized may configure advertising and cookie technologies differently for users in different jurisdictions.

For example, certain technologies may require opt-in consent in one region and an opt-out mechanism in another.

Opt-Out Preference Signals

Where legally required, Opti-mized may treat recognized browser-based opt-out signals as valid requests relating to sale or targeted advertising.

Such preferences may be applied automatically to the browser or device from which the signal is received.

Conflicts Between User Controls

If different privacy controls send conflicting preferences, Opti-mized may use the preference required by applicable law or the most recent valid preference available through our systems.

Advertising Partners May Have Independent Obligations

Advertising providers may be independently responsible for certain Personal Information they receive.

Those providers may offer their own:

  • Opt-out mechanisms;
  • Data-access controls;
  • Advertising preferences;
  • Privacy settings.

Users may wish to manage both Opti-mized preferences and provider-specific preferences.

Independent Platform Accounts

For example, a user with a Google, Meta, or LinkedIn account may be able to manage advertising settings within that account.

Those settings are separate from Opti-mized's own cookie and privacy controls.

No Guarantee of Complete Ad Elimination

Opting out of targeted advertising does not mean a user will no longer see Opti-mized advertising.

It generally means that Personal Information subject to the opt-out should not be used for regulated targeted advertising in the manner covered by the applicable law.

Users may still see:

  • Contextual advertising;
  • Broad business advertising;
  • Non-personalized advertising;
  • Advertising selected for reasons unrelated to their individual activity.

No Sale or Sharing of Passwords

Opti-mized does not sell passwords or authentication credentials for advertising purposes.

No Sale or Sharing of Full Payment-Card Information

Opti-mized does not sell full payment-card information for advertising purposes.

No Sale or Sharing of Security Credentials

Security-related information such as authentication tokens, password reset credentials, or security keys is not intended to be used for targeted advertising.

No Advertising Use of Electrical Measurements

Detailed facility electrical measurements are intended for facility intelligence and technical services, not behavioral advertising.

No Advertising Use of Equipment Fault Indicators

Potential equipment issues, maintenance indicators, anomalies, or other technical facility findings are not intended to be sent to advertising platforms to build marketing profiles.

No Advertising Use of Utility Bills

Customer utility bills are processed to support facility analysis and related services, not to create third-party advertising audiences.

No Advertising Use of Uploaded Facility Documents

Panel schedules, electrical drawings, equipment records, utility bills, and similar customer documents are not intended to be disclosed to advertising networks for targeted advertising.

No Advertising Use of Facility Photos

Customer facility photographs are not intended to be used for third-party behavioral advertising.

No Advertising Use of Facility Intelligence Reports

Customer Facility Intelligence Reports are not intended to be provided to advertising platforms for targeted advertising.

Advertising Does Not Transfer Ownership

The use of advertising or analytics providers does not give those providers ownership of Opti-mized's customer records or facility information.

Contractual Controls

Where appropriate, Opti-mized may use contractual terms or service configurations intended to limit advertising providers' use of Personal Information to the permitted purposes.

The availability of these controls depends on the provider and technology.

Restricted Data Use Settings

Certain advertising platforms may offer settings designed to restrict how information is used.

Where appropriate and available, Opti-mized may use such settings to support compliance with applicable privacy requirements.

Consent Mode and Similar Technologies

Certain advertising or analytics platforms may support consent-aware technologies that modify behavior based on a user's privacy preference.

Opti-mized may use such tools where appropriate.

Server-Side Advertising Technologies

Advertising or conversion information may sometimes be transmitted through server-side systems rather than directly through a browser.

Where Opti-mized uses such technologies, applicable privacy rights and legal obligations continue to apply.

A change in technical implementation does not eliminate privacy obligations.

Advertising Identifiers

Advertising systems may use identifiers that do not directly contain a person's name.

However, identifiers such as:

  • Cookie IDs;
  • Mobile advertising IDs;
  • Browser identifiers;
  • Hashed email addresses.

may still constitute Personal Information under applicable law.

Hashed Information Is Not Necessarily Anonymous

Hashing or encrypting an identifier does not necessarily cause the information to become anonymous.

Opti-mized may therefore continue to treat hashed identifiers as Personal Information where required.

Sale and Sharing of De-Identified Information

Information that has been properly de-identified or anonymized may fall outside certain statutory definitions of Personal Information.

Where Opti-mized uses or discloses de-identified information, we may take reasonable measures intended to maintain the information in de-identified form as described elsewhere in this Privacy Policy.

Industry Standards

Opti-mized may participate in or follow industry privacy frameworks concerning:

  • Cookie consent;
  • Advertising opt-outs;
  • Browser signals;
  • Data minimization;
  • Advertising measurement.

The specific standards used may evolve.

Recordkeeping for Compliance

We may maintain records demonstrating how advertising technologies were configured and how opt-out requests were handled.

These records may include:

  • Vendor lists;
  • Cookie classifications;
  • Consent records;
  • Opt-out logs;
  • Technical configurations;
  • Data-processing agreements.

Audits

Opti-mized may periodically review or audit its advertising and analytics technologies to identify:

  • Technologies in use;
  • Information collected;
  • Purposes;
  • Providers;
  • Consent requirements;
  • Opt-out requirements;
  • Contractual controls.

Vendor Management

We may evaluate advertising and analytics vendors based on factors such as:

  • Privacy terms;
  • Security;
  • Data use;
  • Retention;
  • Compliance capabilities;
  • Opt-out functionality.

Data Retention by Advertising Providers

Third-party advertising providers may retain Personal Information according to their own retention schedules and terms.

Opti-mized may not control all retention decisions made by providers acting independently.

Data Retention by Opti-mized

Opti-mized may retain marketing and advertising information where reasonably necessary for:

  • Campaign analysis;
  • Business planning;
  • Compliance;
  • Recordkeeping;
  • Fraud prevention;
  • Customer relationship management.

International Advertising Providers

Advertising providers may process information in the United States and other countries.

Cross-border data processing is addressed elsewhere in this Privacy Policy.

Advertising and Public-Sector Customers

Opti-mized may market its services to municipalities, government entities, and public institutions.

The fact that a representative of a public-sector entity visits the Opti-mized website does not mean that the entity's facility or operational data is used for advertising.

Advertising and Existing Customers

Existing customer representatives may encounter Opti-mized marketing materials or advertising.

However, detailed facility intelligence is not intended to be used to determine which ads those individuals see.

Advertising and Prospective Customers

Prospective customers may be subject to website analytics, campaign attribution, or advertising technologies before entering into a customer relationship with Opti-mized.

If they later become customers, their facility data will be handled according to the customer-data provisions of this Privacy Policy.

No Data Broker Business Model

Opti-mized does not operate as a data broker whose primary business is selling personal profiles or customer records to unrelated parties.

Our primary purpose is to provide facility intelligence products and services.

No Sale of Lists of Opti-mized Users

We do not intend to sell lists of Opti-mized users, customer administrators, facility personnel, or municipal contacts to unrelated marketers for monetary compensation.

No Sale of Customer Lists

We do not intend to sell customer account lists to unrelated third parties in exchange for money.

Public Business Information

Opti-mized may use publicly available business information for sales or marketing purposes as permitted by law.

Use of publicly available information may be treated differently under applicable privacy laws.

Advertising Measurement May Be Aggregated

Where possible, Opti-mized may rely on aggregated campaign reporting instead of directly identifiable advertising information.

For example, we may receive a report showing that a campaign generated 50 visits and five demo requests without receiving detailed information about every person who saw the advertisement.

Privacy-Preserving Advertising Methods

As advertising technology evolves, Opti-mized may adopt privacy-preserving measurement methods designed to reduce cross-site identification.

These may include:

  • Aggregated conversion reporting;
  • Modeled conversion reporting;
  • Limited-data advertising modes;
  • First-party analytics;
  • Contextual advertising.

Future Legal Requirements

New state or federal privacy laws may establish additional rules concerning sale, sharing, targeted advertising, profiling, or automated decision-making.

Opti-mized may revise this section as necessary to address new requirements.

Contact for Advertising Privacy Questions

Questions regarding Opti-mized's advertising practices, targeted advertising, cookie technologies, sale or sharing of Personal Information, or related rights may be directed to:

info@opti-mized.com

Summary of Our Position

At a high level:

  • Opti-mized does not sell Personal Information for monetary compensation;
  • Opti-mized does not sell identifiable Customer Facility and Operational Data for monetary compensation;
  • Opti-mized does not sell identifiable Energy and Operational Data for monetary compensation;
  • Opti-mized does not intend to provide detailed customer facility information to advertising networks for behavioral advertising;
  • Opti-mized may use advertising, analytics, conversion, pixel, attribution, or retargeting technologies on its public website;
  • Certain uses of those technologies may qualify as a “sale,” “sharing,” “targeted advertising,” or “cross-context behavioral advertising” under some U.S. state privacy laws even where no money changes hands;
  • Where applicable law provides a right to opt out, eligible users may exercise that right through the privacy or cookie controls made available by Opti-mized, recognized browser-based mechanisms where required, or by contacting us;
  • Advertising opt-outs are generally separate from marketing-email unsubscribe requests;
  • Advertising opt-outs do not disable necessary account, security, transaction, or service functionality;
  • Users may continue to see contextual or non-personalized advertising after opting out of targeted advertising;
  • Third-party advertising providers may also offer independent privacy controls;
  • Opti-mized may update its advertising practices as technology and privacy law evolve.

Our objective is to maintain a clear distinction between the limited digital information used to understand and measure public website marketing activity and the detailed facility, electrical, equipment, operational, and analytical information processed through Opti-mized's customer products and services.

Where applicable privacy laws provide individuals with rights concerning the sale, sharing, or use of Personal Information for targeted advertising, Opti-mized intends to provide reasonable mechanisms for exercising those rights and to process eligible requests in accordance with applicable law.

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11

Marketing Communications

In short: Where the law allows, we may send you marketing about our products, updates, events, funding opportunities and similar topics, by email or other channels. You can unsubscribe from marketing.

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Where permitted by applicable law, Opti-mized may use contact information, business information, communication preferences, website interactions, account information, and other appropriate information to send or facilitate marketing, promotional, educational, informational, product-related, or business-development communications.

Marketing communications may be sent to existing customers, prospective customers, former customers, business contacts, facility professionals, municipal representatives, consultants, contractors, service providers, or other individuals where permitted by law and appropriate to the nature of the relationship.

The specific communications a person receives may depend on:

  • The nature of the person's relationship with Opti-mized;
  • Whether the person is an existing customer;
  • Whether the person requested information;
  • Whether the person requested a demonstration;
  • Whether the person subscribed to marketing communications;
  • Whether the person provided consent where consent is required;
  • Whether the person has previously purchased Opti-mized products or services;
  • Whether the person has expressed interest in a particular product or service;
  • Whether the person has unsubscribed;
  • The communication channel involved;
  • Applicable legal requirements;
  • Other relevant circumstances.

Opti-mized does not necessarily send every category of marketing communication described in this section to every recipient.

Some communications may be occasional, while others may be recurring.

Some communications may relate to general Opti-mized products and services, while others may be tailored to a particular professional role, industry, facility type, jurisdiction, funding program, or expressed area of interest.

Types of Marketing Communications We May Send

Where permitted by applicable law, Opti-mized may send communications concerning:

  • Opti-mized products;
  • Product updates;
  • New product releases;
  • New features;
  • New analytics;
  • New reports;
  • New dashboards;
  • New hardware;
  • New integrations;
  • Facility intelligence;
  • Equipment intelligence;
  • Energy-saving opportunities;
  • Energy-loss detection;
  • Facility performance;
  • Demand reduction;
  • Retrofit analysis;
  • Measurement and verification;
  • Energy-management practices;
  • Facility analytics;
  • Equipment behaviour;
  • Product demonstrations;
  • Educational materials;
  • Case studies;
  • Webinars;
  • Events;
  • Industry information;
  • Grant opportunities;
  • Funding opportunities;
  • Utility incentives;
  • Government programs;
  • Municipal programs;
  • New services;
  • Customer success information;
  • Product tips;
  • Platform guidance;
  • Customer education;
  • White papers;
  • Reports;
  • Articles;
  • Newsletters;
  • Promotions;
  • Offers;
  • Company announcements;
  • Relevant company information;
  • Business updates;
  • Survey invitations;
  • Research invitations;
  • Beta-program invitations;
  • Other communications relating to Opti-mized products, services, technology, or business.

Product Communications

Opti-mized may send information concerning our existing or future products.

These communications may include:

  • Sensors;
  • CTs;
  • CT Hubs;
  • Gateways;
  • Connected hardware;
  • Platform features;
  • Dashboards;
  • Reporting;
  • Facility setup tools;
  • Equipment analytics;
  • Energy-loss detection;
  • Savings analysis;
  • Maintenance indicators;
  • Facility Intelligence Reports;
  • Other Opti-mized products or functionality.

Product communications may explain:

  • What a product does;
  • How a feature works;
  • How customers can use a feature;
  • How new functionality differs from existing functionality;
  • How a product may apply to a particular facility type;
  • How existing customers can access new functionality.

Product Update Communications

We may send communications when existing products or services are updated.

These may include:

  • Feature improvements;
  • New dashboard capabilities;
  • New reporting options;
  • New equipment classifications;
  • New analytics;
  • New setup workflows;
  • New hardware support;
  • New integrations;
  • Usability improvements;
  • Other product enhancements.

Some product updates may be considered marketing, while others may be operational or service-related depending on the nature of the communication.

New Feature Announcements

Opti-mized may notify users or business contacts about newly released or upcoming features.

Examples may include:

  • New energy-loss categories;
  • New equipment analytics;
  • New report formats;
  • New portfolio tools;
  • New facility setup capabilities;
  • New visualization tools;
  • New alerts;
  • New integration capabilities;
  • New hardware functionality;
  • New benchmarking tools.

Facility Intelligence Communications

We may send educational or promotional communications relating to facility intelligence.

Topics may include:

  • Understanding equipment runtime;
  • Understanding equipment cycling;
  • Identifying after-hours operation;
  • Understanding facility baseload;
  • Identifying high continuous loads;
  • Identifying peak-demand contributors;
  • Understanding equipment behaviour;
  • Evaluating retrofit opportunities;
  • Measuring post-implementation results;
  • Improving facility visibility;
  • Using electrical data to understand facility operations.

These communications may be intended to educate prospective or existing customers about how Opti-mized products can be used.

Energy-Saving Opportunity Communications

Marketing communications may include educational or promotional information about potential ways organizations can identify or reduce unnecessary energy use.

Examples may include information relating to:

  • Off-hours usage;
  • On-hours overusage;
  • Idle or standby loads;
  • High continuous loads;
  • Peak-demand reduction;
  • Environmental mismatch;
  • Equipment runtime;
  • Equipment scheduling;
  • Retrofit analysis;
  • Energy verification.

Such communications may include examples, case studies, generalized savings ranges, product capabilities, or other information intended to demonstrate possible applications.

Any marketing example should not necessarily be interpreted as a guarantee that a particular customer will achieve the same savings or results.

Funding and Grant Opportunity Communications

Because certain customers may be eligible for public funding, grants, incentives, utility programs, municipal programs, sustainability funding, or related programs, Opti-mized may send communications concerning potentially relevant opportunities.

These communications may include information about:

  • Government grants;
  • Municipal funding;
  • Energy-efficiency incentives;
  • Utility incentives;
  • Sustainability programs;
  • Decarbonization programs;
  • Building retrofit programs;
  • Energy audit programs;
  • Facility assessment programs;
  • Other funding opportunities.

Where possible, Opti-mized may attempt to provide information that appears relevant based on factors such as:

  • Jurisdiction;
  • Organization type;
  • Facility type;
  • Customer relationship;
  • Expressed interests.

However, funding rules, eligibility criteria, deadlines, available funding, program terms, and government requirements may change.

Marketing communications concerning funding opportunities should not be interpreted as a guarantee that:

  • A customer qualifies;
  • Funding remains available;
  • An application will be approved;
  • A particular amount will be awarded;
  • A program will remain open;
  • A customer will satisfy all requirements.

Recipients should independently verify current program terms before relying on such information.

Newsletters

Opti-mized may distribute periodic or occasional newsletters.

Newsletters may include:

  • Product information;
  • Product updates;
  • New features;
  • Industry news;
  • Facility-intelligence insights;
  • Energy-management information;
  • Grant information;
  • Funding information;
  • Customer examples;
  • Educational content;
  • Company announcements;
  • Upcoming events;
  • Other relevant information.

Newsletter frequency may vary.

Recipients may generally unsubscribe from promotional newsletters using the unsubscribe mechanism included in the message.

Customer Education

Opti-mized may send educational information designed to help customers and prospective customers better understand:

  • Facility energy use;
  • Electrical systems;
  • Equipment behaviour;
  • Energy analytics;
  • Hardware deployment;
  • Facility configuration;
  • Energy-loss detection;
  • Savings calculations;
  • Retrofit decision-making;
  • Demand management;
  • Measurement and verification;
  • Platform functionality.

Educational communications may contain links to:

  • Articles;
  • Guides;
  • Videos;
  • Webinars;
  • Reports;
  • FAQs;
  • Documentation;
  • Demonstrations;
  • Other learning materials.

Promotions and Offers

Where permitted by applicable law, Opti-mized may send promotional communications concerning:

  • Limited-time offers;
  • Product promotions;
  • Demonstration opportunities;
  • Introductory offers;
  • Events;
  • Service promotions;
  • Hardware offers;
  • Other commercial opportunities.

Promotional terms may be subject to additional conditions.

Relevant Company Information

We may communicate information about Opti-mized as a company.

This may include:

  • Company news;
  • Business announcements;
  • Product milestones;
  • New partnerships;
  • New service areas;
  • New markets;
  • Awards;
  • Events;
  • Research;
  • Publications;
  • Other relevant company developments.

Case Studies

Opti-mized may send marketing communications containing customer case studies or project examples.

Where a case study identifies a particular customer, facility, or project, appropriate permissions may be obtained where required.

Case studies may describe:

  • Facility type;
  • Problem identified;
  • Opti-mized deployment;
  • Opportunities identified;
  • Potential savings;
  • Operational improvements;
  • Other project outcomes.

Results achieved or estimated for one customer may not be representative of every customer.

Generalized Examples

Marketing materials may also use generalized, aggregated, anonymized, de-identified, hypothetical, or illustrative examples.

Such examples may be used to demonstrate how Opti-mized functionality could apply in a particular scenario.

Demonstration Invitations

We may send invitations to:

  • Schedule a product demonstration;
  • Attend a webinar;
  • Participate in a product walkthrough;
  • Join an informational session;
  • Attend an event;
  • Review a new feature.

Where permitted by law, these invitations may be sent to prospective or existing customers who have expressed an interest in Opti-mized.

Webinar and Event Communications

If Opti-mized hosts or participates in webinars, conferences, trade shows, seminars, demonstrations, or other events, we may send communications about:

  • Registration;
  • Event schedules;
  • Event reminders;
  • Follow-up materials;
  • Related products;
  • Related services;
  • Future events.

Survey and Feedback Invitations

Opti-mized may invite recipients to participate in:

  • Customer surveys;
  • Product surveys;
  • User-experience research;
  • Customer satisfaction surveys;
  • Feature testing;
  • Research interviews;
  • Beta programs.

Some invitations may be considered marketing communications depending on their purpose and jurisdiction.

Beta and Pilot Program Communications

Existing or prospective customers may receive invitations to participate in:

  • Pilot programs;
  • Beta features;
  • Early-access programs;
  • New hardware testing;
  • New report testing;
  • New analytics testing;
  • Research initiatives.

Participation is generally voluntary unless otherwise agreed.

Business-to-Business Marketing

Opti-mized primarily provides products and services to organizations rather than individual consumers.

Our marketing may therefore focus on:

  • Businesses;
  • Municipalities;
  • Government entities;
  • Facility owners;
  • Property managers;
  • Institutions;
  • Commercial facilities;
  • Energy professionals;
  • Facility managers;
  • Municipal administrators;
  • Consultants;
  • Contractors;
  • Other professional audiences.

Business-to-business marketing laws vary by jurisdiction.

Where applicable law permits the use of business contact information for direct marketing without prior consent, Opti-mized may rely on that legal framework.

Where consent is required, we intend to obtain consent before sending applicable marketing communications.

Existing Customer Marketing

Where permitted by law, Opti-mized may market related products or services to existing customers.

For example, an existing customer may receive information about:

  • Additional hardware;
  • Additional facilities;
  • New features;
  • Additional reporting;
  • New analytics;
  • New integrations;
  • Hardware expansion;
  • Product upgrades;
  • Relevant funding opportunities.

Existing customer marketing may be based on the existing relationship and applicable legal requirements.

Prospective Customer Marketing

Individuals who:

  • Request a demonstration;
  • Complete a contact form;
  • Request pricing;
  • Request a facility setup;
  • Download content;
  • Attend an event;
  • Otherwise express interest

may receive follow-up communications where permitted by law.

These communications may relate to the topic or product in which the individual expressed interest.

Former Customer Marketing

Where permitted by law, former customers may receive communications concerning:

  • New products;
  • New services;
  • Re-engagement opportunities;
  • Relevant funding programs;
  • Product updates.

Former customers may unsubscribe from promotional communications.

Referral Leads

Where an individual is referred to Opti-mized by an authorized referral partner, business partner, consultant, customer, or other person, we may contact the individual where permitted by law.

The referral source should have appropriate authority to provide the contact information where required.

Publicly Available Business Contact Information

Where permitted by applicable law, Opti-mized may use publicly available business contact information for business development.

This may include information obtained from:

  • Company websites;
  • Municipal websites;
  • Public directories;
  • Professional directories;
  • Public procurement documents;
  • Public professional profiles;
  • Other lawful public sources.

The availability of business contact information publicly does not eliminate all legal obligations relating to marketing.

We may still be required to provide opt-out mechanisms or comply with other rules.

Marketing Channels

Opti-mized may communicate through a variety of channels.

Depending on the circumstances, communications may be delivered by:

  • Email;
  • SMS;
  • Text message;
  • Platform notification;
  • In-app message;
  • Push notification;
  • Telephone;
  • Direct mail;
  • Social media;
  • Other electronic or business communication channels.

The availability of a particular channel depends on:

  • Information provided by the recipient;
  • Customer configuration;
  • User preferences;
  • Technical capabilities;
  • Consent;
  • Applicable law.

Email Marketing

Email is one of the primary channels through which Opti-mized may send marketing communications.

Marketing emails may include:

  • Newsletters;
  • Product announcements;
  • Product updates;
  • Promotions;
  • Grant information;
  • Educational information;
  • Event invitations;
  • Sales follow-up;
  • Other promotional content.

SMS Marketing

Where permitted by applicable law and where appropriate consent or authorization has been obtained, Opti-mized may send marketing or promotional text messages.

These messages may include:

  • Product information;
  • Event reminders;
  • Promotional offers;
  • Other marketing communications.

The consent requirements for SMS may be more restrictive than for email in certain jurisdictions.

Opti-mized intends to obtain any legally required consent before sending applicable promotional SMS communications.

SMS Consent

Where consent is required for marketing text messages, Opti-mized may maintain records such as:

  • Telephone number;
  • Date of consent;
  • Time of consent;
  • Method of consent;
  • Language presented at the time of consent;
  • Withdrawal status.

SMS Opt-Out

Where applicable, users may be able to opt out of promotional text messages using methods described in the message or otherwise provided by Opti-mized.

Examples may include replying with an appropriate opt-out instruction where supported.

Platform Marketing Notifications

Opti-mized may display promotional or educational messages within the platform.

Examples may include:

  • New feature announcements;
  • Product tips;
  • Additional service opportunities;
  • Educational materials;
  • Product updates;
  • Relevant funding opportunities.

Platform messages may be subject to different legal requirements than email or SMS.

Push Notifications

If Opti-mized offers mobile applications or browser push notifications in the future, marketing push notifications may be sent only where permitted and where applicable permissions have been granted.

Users may generally control push notifications through device or browser settings.

Telephone Marketing

Where permitted by applicable law, Opti-mized may use telephone communications for business development, customer follow-up, product discussions, or other appropriate purposes.

Automated or prerecorded calls may be subject to additional legal requirements.

Opti-mized does not intend to use such technologies in violation of applicable telemarketing laws.

Direct Mail

Opti-mized may send marketing materials by postal mail where permitted by law.

This may include:

  • Product information;
  • Event invitations;
  • Promotional materials;
  • Business correspondence.

Social Media Marketing

Opti-mized may use social media platforms for marketing.

This may include:

  • Organic posts;
  • Sponsored content;
  • Direct communications;
  • Advertising;
  • Event promotion;
  • Customer education.

Social media platforms may independently process information according to their own privacy practices.

Personalization of Marketing

Where permitted by applicable law, Opti-mized may use available information to make marketing communications more relevant.

This may include considering:

  • Organization type;
  • Facility type;
  • Geographic region;
  • Industry;
  • Product interest;
  • Prior website activity;
  • Prior communications;
  • Existing products or services;
  • Professional role;
  • Expressed interests.

For example, a municipal customer may receive information about a municipal energy grant, while an existing hardware customer may receive information about new analytics functionality.

Marketing Personalization Does Not Necessarily Use Facility-Level Data

Opti-mized does not intend to use detailed customer Energy and Operational Data to create consumer marketing profiles.

Marketing personalization is generally based on:

  • Business relationship;
  • Contact information;
  • Professional role;
  • Product interest;
  • Marketing interactions;
  • Customer status;
  • High-level service information.

Detailed electrical measurements, circuit-level data, or Facility Intelligence Data are not intended to be used to build behavioral advertising profiles of individual users.

Customer Data and Marketing

Customer-specific Facility Data may occasionally inform legitimate customer-success or account communications.

For example, if a customer operates multiple facilities and expresses interest in expanding Opti-mized, account personnel may discuss additional deployments.

This is different from providing detailed facility data to third-party advertising platforms.

Marketing Automation

Opti-mized may use software systems to automate certain marketing activities.

Marketing automation may be used to:

  • Schedule communications;
  • Segment recipients;
  • Track campaign status;
  • Record subscription preferences;
  • Manage follow-up;
  • Measure engagement;
  • Suppress unsubscribed recipients.

Marketing automation providers may process business contact information on behalf of Opti-mized.

Customer Relationship Management Systems

Opti-mized may use customer relationship management systems to maintain records of:

  • Prospective customers;
  • Existing customers;
  • Communications;
  • Product interests;
  • Sales activity;
  • Marketing preferences;
  • Demo requests;
  • Follow-up activity.

These systems may be used to coordinate marketing and sales communications.

Lead Scoring

Where permitted, Opti-mized may use automated or manual methods to prioritize sales leads.

Lead-scoring factors may include:

  • Requested demonstration;
  • Submitted form;
  • Business type;
  • Facility type;
  • Website interactions;
  • Communications;
  • Product interest.

Lead scoring is intended to support sales prioritization and is not generally used to make decisions that produce significant legal or similarly significant effects on individuals.

Marketing Analytics

We may use marketing analytics to understand:

  • Email open rates;
  • Email click rates;
  • Form completion;
  • Demo requests;
  • Website conversions;
  • Campaign source;
  • Advertising performance;
  • Engagement;
  • Unsubscribe rates.

Marketing analytics may be used to improve communication relevance and reduce ineffective or unwanted communications.

Email Tracking Technologies

Marketing emails may contain technologies that allow us or our service providers to understand whether:

  • A message was delivered;
  • A message was opened;
  • A link was clicked;
  • A message bounced;
  • A recipient unsubscribed.
  • This may involve:
  • Tracking pixels;
  • Unique links;
  • Message identifiers;
  • Similar technologies.

Where applicable law requires consent for marketing-related tracking, Opti-mized may obtain the required consent or otherwise restrict such functionality.

Communication Delivery Information

We may process information concerning whether communications are successfully delivered.

This may include:

  • Delivery status;
  • Bounce status;
  • Spam complaint;
  • Unsubscribe status;
  • Invalid address;
  • Delivery failure.

This information helps maintain communication systems and avoid repeatedly sending messages to invalid addresses.

Marketing Preferences

Opti-mized may maintain records of communication preferences.

These may include:

  • Subscribed;
  • Unsubscribed;
  • Email marketing permitted;
  • SMS marketing permitted;
  • Communication topics;
  • Preferred channels;
  • Language preference;
  • Consent status;
  • Consent date;
  • Withdrawal date.

Consent Where Required

Where applicable law requires consent before sending certain marketing communications, Opti-mized intends to obtain appropriate consent.

Consent may be obtained through:

  • Website forms;
  • Checkboxes;
  • Account settings;
  • Event registrations;
  • SMS opt-in;
  • Written agreements;
  • Other lawful methods.

Express Consent

Certain jurisdictions or communication channels may require express consent.

Where required, Opti-mized may request an affirmative action indicating agreement to receive marketing.

Implied Consent

Certain laws may recognize forms of implied consent based on an existing business relationship, prior transaction, inquiry, or other circumstances.

Where Opti-mized relies on implied consent, we intend to do so only where permitted by applicable law.

Existing Business Relationship

A prior customer relationship may permit certain marketing communications for a limited period or under specified conditions depending on applicable law.

The scope and duration of such permissions vary.

Consent Records

Where consent is relied upon, Opti-mized may retain records demonstrating:

  • Who consented;
  • What they consented to;
  • When consent was provided;
  • How consent was obtained;
  • What notice was provided;
  • Whether consent was withdrawn.

Consent records may be retained for compliance purposes.

Withdrawal of Consent

Where marketing is based on consent, recipients may withdraw that consent.

Withdrawal may be accomplished through:

  • Unsubscribe links;
  • Communication preference settings;
  • Contacting Opti-mized;
  • Other methods provided in the communication.

Withdrawal of consent applies prospectively and does not make prior lawful communications unlawful.

Unsubscribing From Marketing Emails

Marketing emails sent by Opti-mized generally contain an unsubscribe link or other mechanism allowing recipients to stop future promotional emails.

When a recipient uses the unsubscribe function:

  • The request may be recorded;
  • The recipient may be added to a suppression list;
  • Future promotional communications may be stopped;
  • The change may require a reasonable period to propagate through our systems.

Opti-mized intends to process unsubscribe requests within the time required by applicable law.

Suppression Lists

Opti-mized may retain limited information about individuals who unsubscribe.

For example, we may retain:

  • Email address;
  • Opt-out status;
  • Date of opt-out;
  • Communication category.

Maintaining a suppression record helps ensure that a person who has unsubscribed is not accidentally re-added to promotional communications.

A suppression record may therefore remain even where other marketing information is deleted.

Re-Subscribing

A person who previously unsubscribed may later choose to subscribe again.

Where required, Opti-mized may request new consent before resuming promotional communications.

Managing Preferences

Where functionality is available, recipients may be able to choose which types of marketing communications they receive.

For example, a user may choose to receive:

  • Product updates;
  • Funding opportunities;
  • Newsletters;
  • Educational content

while declining other promotional categories.

The level of preference management available may vary.

Unsubscribe Applies to Marketing, Not Necessarily All Messages

Unsubscribing from promotional email does not necessarily stop all communications from Opti-mized.

We may continue to send communications that are necessary to:

  • Operate an account;
  • Provide requested services;
  • Process purchases;
  • Provide support;
  • Maintain security;
  • Send invoices;
  • Send report notifications;
  • Provide legal notices;
  • Communicate important service changes.

These communications are generally considered transactional, administrative, operational, or service-related rather than promotional.

Service Communications

Service communications may include:

  • Account creation notices;
  • Password reset emails;
  • Login alerts;
  • Security notices;
  • Service interruption notices;
  • Maintenance notifications;
  • Product outage notices;
  • Support responses;
  • Hardware connectivity alerts;
  • Facility report notifications;
  • Invoice notices;
  • Order confirmations;
  • Shipping confirmations;
  • Renewal notices;
  • Contract notices;
  • Required policy notices.

Opting out of marketing does not prevent Opti-mized from sending communications reasonably necessary to maintain the customer relationship or provide the requested service.

Account Communications

Account-related communications may be necessary for:

  • Account activation;
  • Account verification;
  • Password recovery;
  • Account security;
  • Permission changes;
  • User invitations;
  • Account suspension;
  • Account closure.

These are not generally marketing communications.

Security Communications

Security communications may include:

  • Suspicious login alerts;
  • Password-reset notices;
  • Authentication changes;
  • Security incident notices;
  • Account compromise warnings.

Users generally cannot opt out of communications that are necessary to protect their account or comply with law.

Transactional Communications

Transactional messages may include:

  • Purchase confirmations;
  • Payment confirmations;
  • Invoices;
  • Refund notices;
  • Shipping notices;
  • Return notices;
  • Subscription confirmations;
  • Order updates.

These communications are necessary to administer transactions.

Support Communications

If a user requests support, Opti-mized may continue communicating about the support matter regardless of marketing preferences.

Support communications may include:

  • Ticket acknowledgments;
  • Troubleshooting instructions;
  • Follow-up questions;
  • Resolution notices;
  • Technical information.

Report Communications

Customers may receive notifications that:

  • A Facility Intelligence Report is available;
  • An analysis has completed;
  • A report has been updated;
  • A requested export is ready.

These communications may be considered service-related.

Operational Alerts

Customers may receive operational alerts concerning:

  • Device connectivity;
  • Equipment behaviour;
  • Detected conditions;
  • Data availability;
  • Gateway status;
  • System status.

These may be controlled separately from marketing preferences.

Funding Alerts Requested by Customers

If a customer specifically requests notifications concerning grants or funding opportunities, those communications may be sent as part of the requested service or subscription.

The legal classification may depend on the circumstances.

Legal Notices

Opti-mized may send legal or compliance-related notices regardless of marketing preferences where necessary.

These may include:

  • Privacy Policy changes;
  • Terms changes;
  • Contract notices;
  • Security notices;
  • Other legally required communications.

Communications Required by Contract

Certain customer agreements may require Opti-mized to send notices concerning:

  • Renewals;
  • Service changes;
  • Invoices;
  • Project milestones;
  • Data incidents;
  • Contract administration.

These communications are not necessarily optional marketing.

Communication Preferences May Differ by User

Within the same customer organization, different users may have different marketing preferences.

For example:

  • One user may subscribe to newsletters;
  • Another may opt out;
  • An administrator may still receive service notices;
  • A billing contact may receive invoices.

Preferences may be maintained at the individual or account level depending on the communication.

Customer-Configured Notifications

Certain notifications may be configured by a customer administrator.

For example, an administrator may choose which users receive:

  • Equipment alerts;
  • Reports;
  • Connectivity notices;
  • Facility notifications.

Such communications may be governed by customer configuration rather than marketing consent.

Communications to Business Contacts

Opti-mized may maintain professional contact information for individuals with whom it has an ongoing business relationship.

These contacts may include:

  • Customer representatives;
  • Consultants;
  • Contractors;
  • Municipal personnel;
  • Procurement representatives;
  • Facility managers;
  • Business partners.

Communications with these individuals may include a mix of:

  • Operational information;
  • Business correspondence;
  • Product information;
  • Marketing.

Whether a particular message is considered marketing depends on its content and context.

One-to-One Business Communications

Individualized communications from an Opti-mized employee may be used for:

  • Follow-up;
  • Sales discussions;
  • Proposal discussions;
  • Product questions;
  • Project coordination.

Such communications may be subject to applicable direct-marketing laws.

Bulk Marketing Communications

Opti-mized may also send broader campaigns to groups of contacts.

These campaigns may be subject to:

  • Consent requirements;
  • Unsubscribe requirements;
  • Sender identification requirements;
  • Other electronic marketing rules.

Sender Identification

Where required, marketing communications may identify Opti-mized as the sender and provide appropriate contact information.

Accurate Subject Lines

Opti-mized does not intend to use misleading subject lines or sender identities in marketing communications.

No Requirement to Receive Marketing as a Condition of Service

Where applicable law prohibits conditioning a service on unnecessary marketing consent, Opti-mized will not require an individual to consent to unrelated marketing merely to receive a product or service.

Withdrawal Should Not Affect Core Service

Withdrawing marketing consent generally should not affect a customer's ability to:

  • Access the platform;
  • Use installed hardware;
  • Receive support;
  • Obtain reports;
  • Maintain an account.

Promotions May Have Separate Terms

Certain promotions may be subject to:

  • Eligibility requirements;
  • Expiration dates;
  • Geographic limitations;
  • Product restrictions;
  • Other conditions.

These terms may be provided separately.

Marketing to Government and Municipal Contacts

Opti-mized may market products and services to municipalities and government organizations.

Communications may concern:

  • Facility intelligence;
  • Energy studies;
  • Funding programs;
  • Grant opportunities;
  • Energy efficiency;
  • Municipal facilities;
  • Related services.

Public-sector marketing remains subject to applicable electronic communications and procurement laws.

Procurement Communications

Communications concerning public procurement opportunities may not always be marketing.

For example, communications directly related to:

  • An active RFQ;
  • RFP;
  • Tender;
  • Proposal;
  • Contract;
  • Project

may be considered ordinary business communications.

Grant Information

Opti-mized may provide grant or funding information as a convenience.

Because program requirements can change, recipients should confirm:

  • Eligibility;
  • Deadlines;
  • Funding limits;
  • Matching requirements;
  • Procurement rules;
  • Program availability.

No Guarantee of Funding

No marketing communication should be interpreted as a promise that:

  • Funding will be available;
  • A grant will be approved;
  • A customer qualifies;
  • A project will be funded;
  • A particular amount will be awarded.

Marketing Claims and Estimates

Marketing materials may include estimates, examples, illustrative scenarios, or generalized results.

For example, a communication may discuss:

  • Potential energy savings;
  • Potential cost reductions;
  • Possible payback periods;
  • Example retrofit opportunities.

Actual results can vary significantly.

Marketing examples should therefore not be interpreted as guarantees.

Individual Results May Differ

Actual facility performance depends on factors such as:

  • Equipment;
  • Operating schedules;
  • Utility rates;
  • Weather;
  • Facility type;
  • Occupancy;
  • Maintenance;
  • Customer implementation;
  • Data quality.

Use of Customer Success Stories

Where permitted and authorized, Opti-mized may use customer success stories to demonstrate product value.

These may include:

  • Facility improvements;
  • Savings estimates;
  • Analytics findings;
  • Project outcomes.

Where necessary, customer permission may be obtained before using identifiable customer information publicly.

Aggregated Marketing Statistics

Opti-mized may use aggregated or de-identified information in marketing.

For example, we may publish statistics concerning:

  • Number of facilities;
  • Number of equipment items analyzed;
  • Aggregate opportunities detected;
  • General savings potential;
  • Hardware performance;
  • General usage.

Where information is aggregated, we may take reasonable measures intended to avoid identifying a particular customer.

Use of Logos

Customer logos or trademarks may be used in marketing only where permitted by:

  • Contract;
  • Permission;
  • Law;
  • Other appropriate authorization.

Marketing Partners

Opti-mized may use service providers to support marketing.

These may include:

  • Email providers;
  • CRM providers;
  • Advertising providers;
  • Event platforms;
  • Marketing analytics providers;
  • Scheduling providers;
  • Communication providers.

These providers may process business contact or marketing information on our behalf.

Service Provider Restrictions

Marketing service providers may be subject to contractual restrictions concerning:

  • Confidentiality;
  • Data use;
  • Security;
  • Retention;
  • Permitted purposes.

Advertising Platforms

Opti-mized may use platforms such as:

  • Google;
  • Meta;
  • LinkedIn

for advertising, campaign measurement, or audience targeting as described in Sections 9 and 10.

Where applicable law provides opt-out rights relating to targeted advertising, users may exercise those rights through available mechanisms.

Marketing and Cookies

Marketing communications and advertising may involve cookies or similar technologies.

For example, a marketing email link may contain a campaign identifier.

A website visit following that link may be attributed to the campaign.

Cookie and advertising practices are described in Sections 9 and 10.

Marketing and Privacy Rights

Depending on applicable law, individuals may have rights concerning marketing-related Personal Information.

These may include:

  • Access;
  • Deletion;
  • Correction;
  • Withdrawal of consent;
  • Objection;
  • Opt-out of targeted advertising;
  • Other rights.

Objection to Direct Marketing

Certain jurisdictions provide an explicit right to object to direct marketing.

Where such a right applies, Opti-mized intends to honor valid objections as required.

Immediate Effect Where Required

Certain legal frameworks may require direct-marketing objections to be honored without balancing against Opti-mized's business interests.

Where applicable, we intend to comply with those requirements.

Marketing Consent Is Separate From Privacy Rights

Unsubscribing from email does not necessarily delete all Personal Information maintained by Opti-mized.

For example, Opti-mized may retain:

  • Account records;
  • Transaction records;
  • Customer records;
  • Suppression records;
  • Legal records.

A separate deletion request may be required where applicable.

Marketing Unsubscribe Is Separate From Account Closure

A person may unsubscribe from marketing while continuing to maintain an Opti-mized account.

Conversely, closing an account may not automatically remove a business email address from a suppression list.

Marketing Unsubscribe Is Separate From Cookie Opt-Out

Marketing email preferences and targeted advertising preferences are separate.

A user may need to:

  • Unsubscribe from emails;
  • Change cookie preferences;
  • Exercise an advertising opt-out

depending on the choices the user wishes to make.

Third-Party Marketing Preferences

Users may also need to manage advertising preferences directly with:

  • Google;
  • Meta;
  • LinkedIn;
  • Other platforms.

Opti-mized cannot necessarily change preferences within a user's separate third-party account.

Marketing Data We May Maintain

Marketing-related records may include:

  • Name;
  • Business email;
  • Telephone number;
  • Organization;
  • Job title;
  • Facility type;
  • Product interest;
  • Lead source;
  • Campaign source;
  • Communications;
  • Website interactions;
  • Marketing preference;
  • Consent status;
  • Unsubscribe status;
  • Event participation;
  • Demo activity;
  • Sales status.

Marketing Data Retention

Marketing information may be retained for periods reasonably necessary to:

  • Manage customer relationships;
  • Manage sales opportunities;
  • Maintain unsubscribe records;
  • Conduct analytics;
  • Demonstrate consent;
  • Comply with law;
  • Maintain business records.

Different categories may have different retention periods.

Inactive Marketing Contacts

Opti-mized may periodically:

  • Remove inactive marketing contacts;
  • Update inaccurate contact information;
  • Deactivate outdated records;
  • Retain only limited suppression information.

Invalid Email Addresses

We may stop sending messages to addresses that:

  • Repeatedly bounce;
  • Are identified as invalid;
  • Generate spam complaints;
  • Appear inactive.

Spam Complaints

If a recipient marks a marketing message as spam, Opti-mized or its communication provider may record that information and suppress future marketing messages.

Communication Service Providers

Email or SMS providers may process:

  • Recipient address;
  • Message content;
  • Delivery status;
  • Link interactions;
  • Opt-out status.

These providers process information as described in the service-provider sections of this Privacy Policy.

Marketing Across Countries

Marketing rules differ internationally.

For example, different requirements may apply in:

  • Canada;
  • United States;
  • European Union;
  • United Kingdom;
  • Other jurisdictions.

Opti-mized may adapt its marketing practices based on the recipient's jurisdiction where appropriate.

Canadian Electronic Marketing Requirements

Where Canadian anti-spam or privacy laws apply, Opti-mized intends to send commercial electronic messages in accordance with applicable consent, identification, and unsubscribe requirements.

The applicable basis may depend on whether:

  • Express consent exists;
  • An existing business relationship exists;
  • An existing non-business relationship applies;
  • The email address was publicly available and other legal conditions are satisfied;
  • Another statutory basis applies.

United States Marketing Requirements

Where U.S. law applies, Opti-mized intends to comply with applicable federal and state requirements governing:

  • Commercial email;
  • Text messaging;
  • Telemarketing;
  • Targeted advertising;
  • Unsubscribe rights.

European and UK Marketing Requirements

Where European or UK law applies, Opti-mized may be required to consider:

  • Consent;
  • Legitimate interests;
  • Electronic communications laws;
  • Existing customer exceptions;
  • Direct-marketing objections.

Where required, Opti-mized intends to provide appropriate controls.

Existing Customer Exceptions

Certain laws may permit marketing to existing customers concerning similar products or services under specified conditions.

Where Opti-mized relies on such an exception, recipients will generally still be provided an opportunity to opt out.

Marketing to Employees of Customer Organizations

A person's employer may designate the individual as a customer contact.

Receiving account or project communications does not necessarily mean the person has consented to unrelated marketing.

Where Opti-mized wishes to send promotional communications, applicable legal requirements may be considered separately.

Administrative Contacts

Customer administrators may receive operational communications concerning:

  • User access;
  • Account changes;
  • Facility configuration;
  • Billing;
  • Security;
  • Service changes.

These messages may continue even if the administrator has unsubscribed from marketing.

Billing Contacts

Billing contacts may continue receiving:

  • Invoices;
  • Payment reminders;
  • Account statements;
  • Purchase order communications;
  • Renewal notices.

These are generally administrative.

Technical Contacts

Technical contacts may continue receiving:

  • Hardware notifications;
  • Connectivity information;
  • Installation communications;
  • Service issues;
  • Technical support messages.

Marketing Contact Versus Service Contact

The same individual may have more than one role.

For example, a facility manager may be:

  • A platform user;
  • A technical contact;
  • A marketing subscriber.

Opti-mized may maintain separate preferences for different communication purposes.

Preference Conflicts

If a person has indicated different preferences through different channels, Opti-mized may use the most recent valid preference or the preference required by applicable law.

Consent Revocation Across Systems

It may take a short operational period for an unsubscribe or consent withdrawal to propagate across all communication systems.

During that period, a message already queued may still be delivered.

We intend to process requests within legally required timeframes.

No Unlawful Re-Enrollment

Opti-mized does not intend to intentionally re-add an unsubscribed individual to a marketing campaign without a new lawful basis or renewed consent where required.

Mergers and Marketing Lists

If Opti-mized undergoes a merger or acquisition, marketing contact records may transfer as part of the business as described elsewhere in this Privacy Policy.

Any successor would remain subject to applicable privacy and marketing obligations.

Public Records and Government Contacts

Some business contact information for public officials or municipal personnel may be publicly available.

Opti-mized may use such information for legitimate business outreach where permitted.

Public availability does not necessarily eliminate all unsubscribe or consent obligations.

Communications With Consultants and Contractors

Opti-mized may communicate with consultants, contractors, or advisers concerning products relevant to their work where permitted by law.

Partner Marketing

Where Opti-mized conducts joint marketing with a partner, information may be shared only as permitted by this Privacy Policy, applicable agreements, and applicable law.

Additional disclosures may be provided where appropriate.

Co-Branded Events

If a user registers for a co-hosted event, registration information may be shared with the co-host where disclosed at the time of registration.

The co-host may process the information according to its own privacy practices.

Marketing Research

Opti-mized may conduct market research to understand:

  • Customer needs;
  • Industry trends;
  • Product demand;
  • Facility challenges;
  • Feature preferences.

Research invitations may be sent where permitted.

Marketing Segmentation

We may divide marketing audiences into groups based on broad characteristics such as:

  • Industry;
  • Facility type;
  • Organization type;
  • Jurisdiction;
  • Product interest;
  • Customer status.

Segmentation may help reduce irrelevant communications.

No Sensitive Profiling for Marketing

Opti-mized does not intend to use sensitive personal characteristics such as:

  • Medical information;
  • Religion;
  • Sexual orientation;
  • Biometric information

to create marketing audiences.

Our marketing is primarily business and facility focused.

No Use of Detailed Energy Data for Personal Advertising Profiles

Detailed electrical and equipment information is not intended to be used to infer an individual's consumer preferences for advertising.

No Guarantee of Relevance

Although Opti-mized may attempt to make marketing communications relevant, not every communication will necessarily be relevant to every recipient.

Recipients may unsubscribe or manage preferences where available.

Frequency of Communications

The frequency of marketing communications may vary.

Opti-mized may send:

  • Occasional product updates;
  • Periodic newsletters;
  • Time-sensitive funding notices;
  • Event invitations;
  • Other communications.

We may adjust frequency based on:

  • Engagement;
  • User preferences;
  • Campaign type;
  • Customer relationship.

Excessive Communications

Opti-mized may use internal controls intended to reduce excessive or duplicative marketing.

For example, we may:

  • Limit campaign frequency;
  • Suppress duplicate contacts;
  • Exclude customers from irrelevant campaigns;
  • Combine related updates.

Time-Sensitive Communications

Certain marketing or informational messages may be time-sensitive.

Examples may include:

  • Grant deadlines;
  • Event registration deadlines;
  • Limited-time offers.

Opti-mized may send such communications more frequently near a relevant deadline where appropriate.

No Guarantee of Delivery

Email, SMS, and other communications may fail due to:

  • Spam filters;
  • Invalid addresses;
  • Carrier restrictions;
  • Network errors;
  • User settings;
  • Provider outages.

Opti-mized cannot guarantee delivery of every marketing message.

Updating Contact Information

Recipients may contact Opti-mized to update:

  • Email address;
  • Telephone number;
  • Communication preferences;
  • Other relevant contact information.

Incorrect Recipient

If a person receives a communication intended for someone else, the person may contact Opti-mized so the record can be corrected.

Data Quality

Opti-mized may use:

  • Bounce detection;
  • Duplicate detection;
  • Contact validation;
  • Manual review

to improve the accuracy of marketing lists.

Marketing Security

Marketing systems may be protected through:

  • Access controls;
  • Authentication;
  • Service-provider safeguards;
  • User permissions;
  • Logging.

Internal Access to Marketing Data

Access to marketing contact information may be provided to authorized personnel involved in:

  • Sales;
  • Marketing;
  • Customer success;
  • Communications;
  • Administration.

Access may be limited based on business need.

No Sale of Marketing Lists for Money

As described elsewhere in this Privacy Policy, Opti-mized does not intend to sell lists of customer or prospective customer Personal Information to unrelated third parties for monetary compensation.

Advertising Sharing

Certain marketing technologies may involve disclosures that are considered “sharing” or targeted advertising under some U.S. privacy laws.

These practices and related opt-out rights are described in Sections 9 and 10.

Service Providers Are Not Automatically Independent Marketers

Providing business contact information to an email service provider so that it can send an Opti-mized newsletter does not necessarily authorize that provider to market its unrelated products to the recipient.

Provider rights depend on contractual terms and applicable law.

Marketing Service Provider Changes

Opti-mized may add, remove, or replace:

  • Email providers;
  • CRM providers;
  • Marketing automation providers;
  • Advertising providers;
  • Event platforms.

Where required, material changes may be reflected in this Privacy Policy.

Marketing and Artificial Intelligence

Opti-mized may use software or artificial intelligence tools to assist with:

  • Drafting communications;
  • Segmenting audiences;
  • Analyzing engagement;
  • Improving content;
  • Managing campaigns.

Where customer information is processed through such tools, applicable service-provider, privacy, security, and data-use restrictions may apply.

Opti-mized does not intend to provide detailed Customer Facility and Operational Data to unrelated general-purpose AI providers merely for the purpose of improving marketing campaigns.

Automated Personalization

Marketing systems may automatically select or prioritize content based on broad characteristics such as:

  • Industry;
  • Product interest;
  • Customer stage;
  • Geography;
  • Prior interactions.

This type of personalization is intended to improve communication relevance.

No Significant Decision-Making

Marketing personalization is not intended to make decisions producing legal or similarly significant effects on individuals.

Retention of Consent Evidence

Consent evidence may be retained after a person unsubscribes where necessary to demonstrate:

  • When consent was given;
  • When it was withdrawn;
  • What communications were authorized.

Retention of Suppression Information

A person's email address may remain on a suppression list after unsubscribe specifically to prevent future marketing.

This retention serves the person's opt-out preference.

Deletion Requests and Suppression Lists

If a person requests deletion of Personal Information, Opti-mized may retain limited suppression information where permitted or required to ensure the person is not re-enrolled in marketing.

Complaints

Recipients who believe they have received marketing in error may contact:

info@opti-mized.com

We may investigate the communication and update preferences where appropriate.

Privacy Requests

Questions concerning marketing information, consent, or communication preferences may also be submitted to:

info@opti-mized.com

Unsubscribe Link

The simplest method for stopping marketing emails is generally to use the unsubscribe link included in the applicable message.

This allows the request to be associated with the correct email address.

Alternative Opt-Out Method

If the unsubscribe link does not function, recipients may contact Opti-mized directly.

When doing so, it may be helpful to provide the email address receiving the communications so the correct record can be located.

Marketing Consent Withdrawal

Where required by law, users may withdraw consent to marketing at any time, subject to reasonable processing time and legally permitted exceptions.

No Fee for Unsubscribing

Opti-mized does not charge users a fee merely to unsubscribe from marketing communications.

Non-Discrimination

Opti-mized will not unlawfully discriminate against individuals merely because they decline marketing communications or exercise applicable privacy rights.

Marketing Preferences and Product Access

Declining marketing does not ordinarily prevent use of Opti-mized products or services.

Communications Necessary to Perform a Contract

Even where a user has withdrawn marketing consent, Opti-mized may communicate where necessary to:

  • Perform a contract;
  • Provide requested services;
  • Process a payment;
  • Support a customer;
  • Provide security information.

Communications Necessary for Legitimate Operational Purposes

Where permitted by law, we may also send non-promotional communications necessary for:

Marketing Regulations May Change

Electronic marketing laws, privacy laws, advertising regulations, and consent requirements may change over time.

Opti-mized may therefore update:

  • Marketing practices;
  • Consent mechanisms;
  • Unsubscribe processes;
  • Communication platforms;
  • This Privacy Policy.

Changes to Communication Channels

Opti-mized may introduce additional communication channels in the future.

For example:

  • Mobile push notifications;
  • New in-platform messages;
  • Messaging applications.

Where required, additional consent or notice may be provided before using a new channel for marketing.

Marketing Preferences May Be Channel-Specific

A user may consent to email but not SMS.

A user may disable push notifications while continuing to receive email.

Opti-mized may therefore maintain preferences separately by communication channel.

Marketing Preferences May Be Topic-Specific

Future preference controls may allow users to choose topics such as:

  • Product updates;
  • Grants and funding;
  • Newsletters;
  • Events;
  • Educational content.

Preference Centre

Opti-mized may offer a preference centre allowing recipients to manage communication choices.

Where available, the preference centre may allow users to:

  • Subscribe;
  • Unsubscribe;
  • Select channels;
  • Select topics;
  • Update contact information.

Contact Information for Marketing Preferences

Marketing preference requests may be directed to:

info@opti-mized.com

Summary of Marketing Communications

In general, Opti-mized may send marketing, promotional, educational, informational, and business-development communications concerning:

  • Opti-mized products;
  • Product updates;
  • New features;
  • Hardware;
  • Software;
  • Analytics;
  • Facility intelligence;
  • Energy-saving opportunities;
  • Energy-loss detection;
  • Equipment behaviour;
  • Retrofit analysis;
  • Funding and grant opportunities;
  • Utility incentives;
  • Newsletters;
  • Events;
  • Webinars;
  • Educational content;
  • Promotions;
  • Customer success stories;
  • Product demonstrations;
  • Relevant company information;
  • Other topics related to Opti-mized products, services, technology, and business.

Communications may be delivered through:

  • Email;
  • SMS;
  • Platform notification;
  • Push notification;
  • Telephone;
  • Social media;
  • Direct mail;
  • Other channels

where we have the necessary information, authorization, consent, or other lawful basis.

Where required by law, Opti-mized intends to obtain appropriate consent before sending marketing communications.

Recipients may generally unsubscribe from marketing email by using the unsubscribe link contained in the message.

Where applicable, recipients may also withdraw consent to other marketing channels using the methods made available by Opti-mized.

Opting out of marketing does not prevent Opti-mized from sending non-promotional communications that are reasonably necessary to:

  • Operate a user account;
  • Provide requested products and services;
  • Deliver Facility Intelligence Reports;
  • Provide customer support;
  • Maintain hardware or platform functionality;
  • Send security notices;
  • Process transactions;
  • Administer billing;
  • Fulfill contractual obligations;
  • Comply with legal requirements;
  • Communicate other important service-related information.

Our objective is to use marketing communications to keep customers and prospective customers informed about relevant Opti-mized products, technology, funding opportunities, educational resources, and company developments while providing recipients with appropriate control over whether they continue to receive promotional communications.

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12

Data Storage and Location

In short: We use third-party cloud infrastructure. We generally aim to host customer information in a country or region appropriate to the customer, but some information may be processed or accessed in other countries.

Read the full sectionHide the full section39 min

Opti-mized uses cloud-based infrastructure, data-storage systems, application infrastructure, databases, backup systems, communications services, security services, analytics tools, technical-support systems, and other technology resources to operate and provide our products and services.

Our infrastructure includes services provided by Amazon Web Services (“AWS”).

Depending on the particular service, customer configuration, contractual requirements, technical architecture, legal requirements, service-provider capabilities, and operational needs, information may be stored, hosted, processed, transmitted, backed up, replicated, accessed, or otherwise handled in one or more countries or geographic regions.

Opti-mized generally seeks to host customer information in the country or region appropriate to the customer and our available infrastructure.

However, data location is not necessarily limited to a single country, province, state, region, server, or physical facility.

Information may be processed, transmitted, accessed, supported, replicated, or temporarily handled in other jurisdictions where reasonably necessary to:

  • Operate the Opti-mized platform;
  • Operate connected hardware;
  • Maintain cloud infrastructure;
  • Provide customer support;
  • Provide technical support;
  • Maintain cybersecurity;
  • Monitor system performance;
  • Deliver communications;
  • Provide analytics;
  • Process transactions;
  • Maintain backups;
  • Support disaster recovery;
  • Maintain business continuity;
  • Perform maintenance;
  • Provide software development;
  • Troubleshoot technical issues;
  • Fulfill customer instructions;
  • Comply with legal obligations;
  • Perform other activities described in this Privacy Policy.

When Personal Information is processed outside the individual's province, state, territory, country, or other home jurisdiction, it may become subject to the laws of the jurisdiction in which it is stored, accessed, or processed.

Those laws may differ from the privacy and data-protection laws that apply in the individual's home jurisdiction.

Where applicable, government authorities, courts, regulators, law-enforcement agencies, or other public authorities in the jurisdiction where information is processed may have lawful authority to request access to information.

Opti-mized takes reasonable steps, appropriate to the circumstances, to require that service providers handling Personal Information use safeguards consistent with applicable contractual requirements and privacy laws.

The specific safeguards used may depend on the provider, the information involved, the location of processing, applicable law, customer requirements, and the nature of the service.

Cloud-Based Infrastructure

Opti-mized relies on cloud infrastructure to provide a scalable, reliable, secure, and connected technology environment.

Cloud infrastructure may be used for purposes including:

  • Hosting the Opti-mized web platform;
  • Hosting customer accounts;
  • Hosting databases;
  • Receiving information from connected gateways;
  • Storing Energy and Operational Data;
  • Storing Facility Intelligence Data;
  • Storing facility configuration information;
  • Storing equipment information;
  • Storing user information;
  • Processing analytical workloads;
  • Supporting reports;
  • Supporting dashboards;
  • Supporting alerts;
  • Maintaining logs;
  • Maintaining backups;
  • Supporting authentication;
  • Maintaining APIs;
  • Supporting integrations;
  • Supporting system monitoring;
  • Supporting device communications;
  • Maintaining business continuity.

Cloud architecture may involve multiple technical components rather than a single storage location.

For example, one Opti-mized service may involve:

  • An application server;
  • A database;
  • A storage service;
  • A backup service;
  • A logging service;
  • An authentication system;
  • A monitoring system;
  • A communications service.

These components may be operated by Opti-mized, AWS, or other service providers.

Amazon Web Services

Opti-mized uses infrastructure provided by Amazon Web Services (“AWS”) as part of our technology environment.

AWS may provide infrastructure or services used for functions such as:

  • Computing;
  • Data storage;
  • Databases;
  • Device communication;
  • Network infrastructure;
  • Data processing;
  • Security;
  • Monitoring;
  • Logging;
  • Backup;
  • Disaster recovery;
  • Other technical functions.

Information processed through AWS may include, depending on the applicable service:

  • Account information;
  • Facility information;
  • Equipment information;
  • Energy and Operational Data;
  • Facility Intelligence Data;
  • Gateway information;
  • Device information;
  • Technical information;
  • Platform logs;
  • Security information;
  • Reports;
  • Customer configuration information.

The use of AWS does not mean that AWS owns customer information.

AWS provides infrastructure and technology services used by Opti-mized to operate its services.

Data Location Within Cloud Infrastructure

Cloud services are often organized into geographic regions and technical availability zones.

Opti-mized may select infrastructure locations based on factors such as:

  • Customer location;
  • Customer contractual requirements;
  • Available infrastructure;
  • Technical performance;
  • Service availability;
  • Security;
  • Reliability;
  • Cost;
  • Redundancy;
  • Legal requirements;
  • Disaster-recovery planning;
  • Product functionality.

The location selected for a particular system or customer may change over time where reasonably necessary to maintain or improve the service.

Customer-Appropriate Hosting

Where practical and appropriate, Opti-mized may seek to host customer information within a country or region reasonably aligned with the customer's location.

For example, data-location considerations may include whether a customer is located in:

  • Canada;
  • United States;
  • Another country or region.

However, Opti-mized does not guarantee that every category of information relating to a customer will remain exclusively within that customer's country unless such a requirement has been specifically agreed in writing or is required by applicable law.

Data Residency

The term “data residency” generally refers to the physical or geographic location where information is stored.

A customer may have specific data-residency requirements based on:

  • Internal policies;
  • Government rules;
  • Procurement requirements;
  • Industry requirements;
  • Security standards;
  • Privacy laws;
  • Contractual obligations.

Where Opti-mized agrees to specific data-residency requirements, those requirements may be documented in:

  • Customer agreements;
  • Statements of work;
  • Data processing agreements;
  • Security schedules;
  • Other written terms.

Data Sovereignty

The term “data sovereignty” generally refers to the concept that information may be subject to the laws of the jurisdiction where it is stored or processed.

Even where information is stored in a particular country, access or processing may involve service providers or personnel located elsewhere.

Accordingly, data residency and data sovereignty are related but are not necessarily identical concepts.

Data Localization

Certain jurisdictions or customers may require that specific categories of information remain within a particular country or region.

Where such a requirement applies, Opti-mized may consider whether appropriate technical infrastructure and contractual arrangements are available.

Where customer-specific localization requirements are not otherwise required by law or agreed in writing, Opti-mized may process information through locations reasonably necessary to operate the services.

Cross-Border Processing

Information may be transferred, transmitted, accessed, or processed across national or regional borders.

Cross-border processing may occur for reasons including:

  • Cloud hosting;
  • Technical support;
  • Customer support;
  • Cybersecurity;
  • Monitoring;
  • Software development;
  • Maintenance;
  • Analytics;
  • Communications;
  • Payment processing;
  • Vendor support;
  • Disaster recovery;
  • Corporate administration.

For example, information stored in one country may be accessed by an authorized technical support provider in another country to diagnose a problem.

Similarly, a communications provider located in another jurisdiction may process a customer's email address to deliver a service notification.

Cross-Border Access

Cross-border processing does not necessarily mean that a complete copy of a customer's database is permanently transferred to another country.

In some situations, cross-border processing may involve remote access.

For example:

  • An authorized support technician may access a system remotely;
  • A cybersecurity provider may review security logs;
  • A software provider may process diagnostic data;
  • A communications provider may deliver an email.

Remote access may constitute cross-border processing under certain privacy laws even where the primary storage location remains unchanged.

Temporary Processing

Certain information may be processed temporarily in another jurisdiction.

For example, temporary processing may occur during:

  • Technical troubleshooting;
  • Data transmission;
  • Email delivery;
  • Security monitoring;
  • Content delivery;
  • Backup restoration;
  • Data migration;
  • System maintenance.

Temporary processing does not necessarily mean that the information is permanently stored in that jurisdiction.

Data Transmission

Information transmitted between customer facilities, connected hardware, cloud infrastructure, users, service providers, or integrations may pass through networks located in multiple jurisdictions.

Internet routing may not always follow a direct geographic path.

For example, network traffic may pass through:

  • Internet service providers;
  • Telecommunications networks;
  • Content delivery networks;
  • Cloud infrastructure;
  • Routing infrastructure.

Opti-mized may use encryption or secure communication protocols where appropriate to protect information in transit.

Connected Hardware and Data Location

Opti-mized gateways and connected hardware may collect or transmit Energy and Operational Data from customer facilities.

Depending on the system configuration, data may travel from:

  • A sensor or measurement point;
  • To an Opti-mized gateway or related device;
  • Through the customer's network, cellular network, or other communication service;
  • To cloud infrastructure;
  • To databases or processing systems;
  • To the Opti-mized platform;
  • To authorized users.

Each stage may involve different technical systems and service providers.

Local Device Storage

Connected hardware may temporarily store information locally where necessary for purposes such as:

  • Buffering;
  • Connection recovery;
  • Data synchronization;
  • Temporary caching;
  • Firmware operation.

For example, if a gateway temporarily loses connectivity, certain data may be stored locally until communication is restored.

The amount and duration of local storage may depend on device configuration and technical requirements.

Cloud Storage

Once transmitted to Opti-mized cloud infrastructure, information may be stored in:

  • Databases;
  • Object storage;
  • Application storage;
  • Logs;
  • Backups;
  • Archives;
  • Analytical systems.

Different categories of information may be stored using different technologies.

Primary Data Storage

Certain systems may have a designated primary storage location.

Primary storage may contain information needed for normal platform operations.

This may include:

  • Current facility configuration;
  • User account information;
  • Current device information;
  • Current Energy and Operational Data;
  • Facility Intelligence Data;
  • Reports.

Replication

Cloud systems may replicate information to improve:

  • Availability;
  • Reliability;
  • Performance;
  • Disaster recovery;
  • Fault tolerance.

Replication may occur within a geographic region or, where appropriate, across regions.

The specific replication architecture may depend on the service being used.

Availability Zones

Cloud providers may distribute infrastructure across separate technical locations within a region in order to improve reliability.

Data may therefore exist in more than one physical facility even while remaining within the same general geographic region.

Backups

Opti-mized may create backups of information to protect against:

  • Accidental deletion;
  • Hardware failure;
  • Software failure;
  • Database corruption;
  • Cybersecurity incidents;
  • Service interruptions;
  • Natural disasters;
  • Other failures.

Backups may contain copies of:

  • Customer data;
  • Account information;
  • Facility information;
  • Energy and Operational Data;
  • Configuration information;
  • Reports;
  • System information.

Backup locations may differ from primary storage locations.

Backup Geography

Backups may be stored:

  • In the same region as primary data;
  • In a separate availability zone;
  • In another region;
  • Through a separate backup service.

The specific approach may depend on operational requirements, customer commitments, and technical capabilities.

Disaster Recovery

Opti-mized may maintain disaster-recovery capabilities designed to restore systems and information following a major disruption.

Disaster recovery may involve:

  • Backup data;
  • Replicated infrastructure;
  • Alternate cloud resources;
  • Secondary systems;
  • Recovery procedures;
  • Restoration tools.

Disaster-recovery processing may occur in a different region or jurisdiction where reasonably necessary to restore service.

Business Continuity

Data-storage architecture may also support business continuity.

Business continuity may require information to remain available during:

  • Infrastructure outages;
  • Hardware failures;
  • Network failures;
  • Cloud-service interruptions;
  • Security incidents;
  • Other operational disruptions.

Data Redundancy

Redundancy may involve maintaining multiple copies or technical representations of information.

This can help ensure that the failure of one system does not result in permanent data loss.

Archival Storage

Certain information may be moved to archival storage where it is no longer needed for frequent access but remains necessary for:

  • Historical analysis;
  • Legal compliance;
  • Reporting;
  • Customer support;
  • Contractual obligations;
  • Business records.

Archival storage may use different infrastructure from active production systems.

Logs

System logs may be stored separately from customer databases.

Logs may contain:

  • User identifiers;
  • IP addresses;
  • Device identifiers;
  • Security events;
  • Application events;
  • Diagnostic information;
  • Errors;
  • Request metadata.

Log-storage locations may depend on the service used.

Security Monitoring Systems

Security monitoring tools may process or store information relating to:

  • Authentication;
  • Account access;
  • Network activity;
  • Suspicious events;
  • Security incidents;
  • Device activity.

Security providers may operate infrastructure in multiple jurisdictions.

Customer Support Systems

Customer support information may be stored in separate systems from primary facility data.

Support systems may contain:

  • Names;
  • Email addresses;
  • Support requests;
  • Screenshots;
  • Diagnostic information;
  • Communications;
  • Ticket history.

The provider operating a support system may host information in a different jurisdiction from the primary Opti-mized platform.

Customer Relationship Systems

Sales and customer relationship information may be stored in customer relationship management systems.

These systems may contain:

  • Business contact information;
  • Communications;
  • Sales activity;
  • Customer status;
  • Product interest;
  • Proposal information.

The location of CRM data may differ from the location of Energy and Operational Data.

Communications Systems

Information used to deliver:

  • Email;
  • SMS;
  • Platform notifications;
  • Marketing communications;
  • Support responses.

may be processed by communications providers in other jurisdictions.

Payment Data

Payment-related information may be processed by third-party payment providers.

Those providers may maintain infrastructure in different countries or regions.

Opti-mized may receive limited transaction information while complete payment-card information is processed directly by the payment provider.

Shipping Information

Shipping information may be processed by:

  • Carriers;
  • Logistics providers;
  • Fulfillment companies;
  • Customs authorities;
  • Other shipping-related parties.

These parties may process information in multiple jurisdictions depending on the shipment route.

Analytics Systems

Analytics providers may process information in jurisdictions outside the customer's location.

Analytics information may include:

  • Website activity;
  • Platform activity;
  • Device information;
  • Usage statistics;
  • Technical data.

Where required by law, Opti-mized may apply consent or other controls to non-essential analytics.

Advertising Systems

Advertising providers such as Google, Meta, LinkedIn, or other marketing providers may process website-related information in multiple jurisdictions.

Such processing is addressed in Sections 9 and 10 of this Privacy Policy.

Customer-specific Energy and Operational Data is not intended to be transferred to advertising systems merely for targeted advertising.

Professional Advisers

Information may also be accessed or stored by:

  • Lawyers;
  • Accountants;
  • Auditors;
  • Insurers;
  • Consultants;
  • Other professional advisers.

These advisers may operate in jurisdictions different from the customer.

Software Development and Technical Providers

Opti-mized may use software developers, infrastructure providers, technical consultants, or other service providers located in different countries.

Where they require access to customer information, access may be limited to what is reasonably necessary for the applicable work.

Remote Work and Authorized Personnel

Opti-mized personnel or authorized contractors may work remotely from different locations.

Accordingly, authorized access to information may occur from different jurisdictions.

Remote access may be subject to controls such as:

  • Authentication;
  • Access permissions;
  • Encryption;
  • Device security;
  • Logging;
  • Confidentiality obligations.

Employee Access

Access to customer information may be limited based on:

  • Job responsibility;
  • Business need;
  • Customer support requirements;
  • Security duties;
  • Technical responsibilities.

Employees do not necessarily receive unrestricted access to all customer information.

Contractor Access

Contractors may receive limited access where necessary to:

  • Support development;
  • Resolve technical issues;
  • Provide customer service;
  • Assist with installation;
  • Perform security work;
  • Complete other authorized functions.

Contractors may be subject to confidentiality and security obligations.

Data Segregation

Opti-mized may use logical separation, account structures, permissions, or other controls designed to prevent unauthorized access between customers.

For example, one customer's users should not ordinarily be able to access another customer's identifiable facility information.

Regional Customer Environments

Opti-mized may operate customer environments in different regions where supported.

The specific architecture may depend on:

  • Customer requirements;
  • Infrastructure availability;
  • Service configuration;
  • Product type;
  • Contract.

Data Residency Commitments Must Be Specifically Agreed

Unless required by law or specifically agreed in writing, statements in this Privacy Policy concerning regional hosting should not be interpreted as an unconditional guarantee that all information associated with a customer will remain exclusively within a single jurisdiction.

For example, primary Facility Data may be hosted in one region while:

  • An email provider operates elsewhere;
  • A security provider processes logs elsewhere;
  • A customer support provider accesses information elsewhere.

Customer-specific data residency commitments, if required, should be documented in the applicable customer agreement.

Government Customers

Government entities, municipalities, public agencies, and public institutions may have specific data-location requirements.

These may arise from:

  • Procurement requirements;
  • Information-security policies;
  • Government regulations;
  • Contract requirements;
  • Records laws.

Where Opti-mized accepts such requirements, they may be documented in the applicable agreement.

Regulated Customers

Certain customers may operate in industries subject to particular data-location requirements.

Opti-mized does not automatically assume that a customer is subject to a particular localization requirement.

Customers should inform Opti-mized of any specific requirements that must be addressed before deployment.

Customer Responsibility for Data Residency Requirements

Customers are responsible for informing Opti-mized of data-location, residency, localization, or sovereignty requirements that apply specifically to their organization where those requirements are not otherwise obvious or legally imposed directly on Opti-mized.

Data Location and Contracting

Where data location is an important contractual requirement, Opti-mized may address matters such as:

  • Primary hosting region;
  • Cross-border access;
  • Service-provider locations;
  • Backup locations;
  • Support access;
  • Disaster recovery;
  • Subprocessors.

These terms may supplement this Privacy Policy.

Service Provider Locations

Service providers may operate:

  • In Canada;
  • In the United States;
  • In Europe;
  • In other jurisdictions.

The location of a service provider's headquarters does not necessarily indicate every location in which that provider processes information.

Large technology providers may maintain global infrastructure.

Service Provider Infrastructure

A service provider may use multiple:

  • Data centers;
  • Regions;
  • Availability zones;
  • Subprocessors;
  • Networks.

Opti-mized may not control the precise physical server used for every processing event.

Subprocessors

Some service providers may rely on their own subcontractors or subprocessors.

These subprocessors may operate in jurisdictions different from the primary provider.

Where required by law or customer agreement, subprocessor relationships may be subject to additional data-protection obligations.

Data Processing Agreements

Where appropriate, Opti-mized may enter into data-processing agreements with service providers.

These agreements may address:

  • Confidentiality;
  • Security;
  • Permitted processing;
  • Subprocessors;
  • Data retention;
  • Data deletion;
  • Incident notification;
  • Cross-border transfers;
  • Legal compliance.

Contractual Safeguards

Depending on the jurisdiction and legal requirements, cross-border processing may be subject to contractual safeguards.

These may include:

  • Data-processing agreements;
  • Confidentiality provisions;
  • Standard contractual protections;
  • Transfer provisions;
  • Security requirements;
  • Restrictions on use.

The specific mechanism depends on applicable law.

Legal Transfer Mechanisms

Where applicable privacy law requires a particular legal mechanism for international transfers, Opti-mized may use an available lawful transfer mechanism appropriate to the circumstances.

The mechanism may vary depending on:

  • The countries involved;
  • The type of Personal Information;
  • The service provider;
  • The customer's role;
  • Applicable legal requirements.

No Guarantee of Identical Privacy Laws

A foreign jurisdiction may provide privacy protections that differ from those available in the individual's home jurisdiction.

For example, differences may exist concerning:

  • Government access;
  • Individual rights;
  • Enforcement;
  • Data retention;
  • Legal process;
  • Disclosure obligations.

Cross-border processing may therefore expose information to different legal frameworks.

Government Access

Where information is stored or processed in another jurisdiction, government authorities in that jurisdiction may have lawful authority to request information.

Requests may arise through:

  • Court orders;
  • Warrants;
  • Subpoenas;
  • Regulatory powers;
  • National security laws;
  • Other lawful processes.

Where appropriate and legally permitted, Opti-mized may evaluate government requests before disclosing information.

Limiting Government Disclosures

Where permitted by law and reasonably practicable, Opti-mized may:

  • Verify the validity of a request;
  • Evaluate the scope of a request;
  • Seek clarification;
  • Limit disclosure to required information;
  • Notify the affected customer where legally permitted.

However, Opti-mized may be legally prohibited from notifying customers of certain requests.

Encryption in Transit

Opti-mized may use encryption or secure protocols to protect information transmitted between:

  • Customer devices;
  • Gateways;
  • Cloud infrastructure;
  • Platform users;
  • Service providers;
  • APIs.

The particular protocols used may vary based on the system and technology.

Encryption at Rest

Certain categories of information may be stored using encryption or other security protections where appropriate.

The specific method may depend on:

  • Storage system;
  • Information type;
  • Technical architecture;
  • Security requirements.

Encryption Does Not Change Data Location

Encryption protects information but does not change the jurisdiction in which the encrypted data is stored or processed.

Encrypted information may still be considered located in the jurisdiction where the relevant infrastructure operates.

Access Controls

Opti-mized may use access controls intended to restrict who can access customer information.

These may include:

  • Authentication;
  • Role-based permissions;
  • Administrator controls;
  • User permissions;
  • Internal access restrictions;
  • Network restrictions.

Least-Privilege Access

Where appropriate, personnel may be provided with only the level of access reasonably necessary for their role.

For example:

  • Billing personnel may not require access to detailed Energy and Operational Data;
  • Software developers may not require customer billing information;
  • Marketing personnel may not require access to facility electrical data.

Logging of Access

Certain systems may maintain records of:

  • User login;
  • Administrative access;
  • Configuration changes;
  • System access;
  • Data exports.

Logging may support security, troubleshooting, auditing, and compliance.

Security Monitoring

Opti-mized may monitor systems for:

  • Unauthorized access;
  • Suspicious login activity;
  • Malware;
  • Abnormal traffic;
  • Security events;
  • Service disruption.

Security monitoring may involve service providers located in other jurisdictions.

Backups and Deletion

When information is deleted from an active system, copies may remain temporarily within backups.

Backup deletion may occur according to normal backup rotation or retention processes.

Immediate removal from every backup copy may not always be technically feasible.

Disaster Recovery Copies

Information restored during disaster recovery may temporarily result in additional copies of data.

These copies may be removed after recovery processes are completed.

Data Migration

Opti-mized may move information between infrastructure providers, databases, storage systems, or regions.

Data migration may occur to:

  • Upgrade infrastructure;
  • Improve performance;
  • Improve security;
  • Reduce technical risk;
  • Change service providers;
  • Meet customer requirements;
  • Support new functionality.

Migration may involve temporary copies of information.

Provider Migration

If Opti-mized changes a service provider, information may be transferred from the outgoing provider to the incoming provider.

We may take reasonable steps to:

  • Protect the transfer;
  • Validate the migration;
  • Limit temporary copies;
  • Request deletion from the former provider where appropriate.

Geographic Migration

Customer information may be moved between regions where necessary.

For example, migration may occur:

  • To support customer relocation;
  • To improve latency;
  • To meet contractual requirements;
  • To support infrastructure changes.

Where a material migration affects legal obligations, Opti-mized may take appropriate compliance measures.

Customer Requested Migration

A customer may request that information be moved to another region where supported.

Such requests may be subject to:

  • Technical feasibility;
  • Contract terms;
  • Cost;
  • Service availability;
  • Legal requirements.

Customer Access From Other Locations

A customer may access the Opti-mized platform while traveling or operating from another jurisdiction.

When this occurs, customer information may be transmitted to the user's location.

For example, a user located temporarily outside Canada may access a Canadian-hosted facility dashboard.

The transmission to that user's device may constitute cross-border access.

Customer-Controlled Sharing

If a customer downloads or exports information and transfers it to another country, that transfer may occur outside Opti-mized's control.

Customers are responsible for protecting copies under their control.

Reports

Reports may be stored:

  • Within the Opti-mized platform;
  • In customer systems;
  • In email;
  • On downloaded devices;
  • In third-party document systems.

Once downloaded or forwarded, Opti-mized may no longer control where the report is stored.

Email Attachments

Reports or documents sent by email may be processed through:

  • Opti-mized email providers;
  • Recipient email providers;
  • Corporate email systems.

Those systems may have different storage locations.

Integrations

Third-party integrations may transfer information outside Opti-mized infrastructure.

For example, a customer may authorize information to be shared with:

  • A utility system;
  • A reporting platform;
  • A consultant's system;
  • A building-management system;
  • Another software provider.

The third party's storage location is governed by its own infrastructure and privacy practices.

Customer-Authorized Third Parties

Where customers instruct Opti-mized to send data to an authorized third party, the third party may store the information in another jurisdiction.

Customers should evaluate data-location requirements before authorizing such sharing.

Payment Providers

Payment providers may process information in locations different from Opti-mized's primary cloud environment.

Financial data may be subject to the laws of those jurisdictions.

Banks and Financial Institutions

Banks and payment networks may process transactions through international financial systems.

Opti-mized generally does not control the geographic routing of payment-network data.

Email Providers

Email delivery providers may route or store communications through infrastructure in multiple jurisdictions.

SMS Providers

SMS communications may travel through telecommunications providers and carrier networks located in different jurisdictions.

Marketing Providers

Marketing and advertising service providers may maintain global infrastructure.

Marketing information may therefore be processed internationally.

Website Visitors

Public website traffic may be served through:

  • Cloud infrastructure;
  • Content delivery networks;
  • Security providers;
  • Analytics services.

As a result, website information may be processed in multiple regions.

Content Delivery Networks

Content delivery networks may cache website content closer to users in order to improve performance.

These systems may process:

  • IP addresses;
  • Requests;
  • Technical information.

This may involve infrastructure distributed across multiple regions.

DNS and Domain Providers

Domain-name and DNS providers may process technical information necessary to route users to Opti-mized websites.

Security and Anti-Abuse Providers

Security providers may use distributed infrastructure to protect websites and services from:

  • Distributed denial-of-service attacks;
  • Bots;
  • Malicious traffic;
  • Unauthorized access.

These providers may process technical information globally.

Geographic Location of IP Addresses

Approximate geographic information may be derived from IP addresses.

This information may be used for:

  • Security;
  • Analytics;
  • Consent management;
  • Regional configuration.

IP-based location is approximate and may be affected by VPNs, corporate networks, proxies, or other technologies.

Data Localization and VPNs

A user's use of a VPN may cause data to appear to originate from a different jurisdiction.

This does not necessarily change the primary storage location of customer information.

International Customers

Opti-mized may provide services to customers located in multiple countries.

As the company expands internationally, data-storage practices may evolve.

Opti-mized may add cloud regions or local service providers to support new markets.

Expansion Into New Regions

If Opti-mized expands into a new geographic market, we may:

  • Add regional infrastructure;
  • Add local service providers;
  • Change data-storage architecture;
  • Add local support;
  • Adopt jurisdiction-specific legal protections.

Changes to Cloud Architecture

Cloud architecture may evolve over time.

For example, Opti-mized may:

  • Add databases;
  • Replace databases;
  • Add redundancy;
  • Add geographic regions;
  • Change backup methods;
  • Change analytics providers;
  • Change authentication providers;
  • Add security tools.

Such changes may affect where information is processed.

Changes to AWS Services

The AWS services used by Opti-mized may change over time.

We may add, remove, or modify services as necessary to support:

  • Reliability;
  • Security;
  • Performance;
  • Scalability;
  • New functionality.

Alternative Infrastructure Providers

Opti-mized may use providers in addition to AWS.

The use of AWS does not mean every Opti-mized system or every category of data is exclusively hosted by AWS.

Other providers may support:

  • Communications;
  • Authentication;
  • Analytics;
  • Payment processing;
  • Customer support;
  • Marketing;
  • Security;
  • Software development.

Service Provider Changes

Opti-mized may replace or add service providers.

Where a provider change materially affects privacy or data-location practices, we may update this Privacy Policy or provide other notice where required.

Customer Notification

Certain customer agreements may require notice before:

  • Changing subprocessors;
  • Changing hosting regions;
  • Moving data across borders.

Where such obligations apply, Opti-mized intends to follow the applicable contractual requirements.

Data Processing Addenda

Customers with specific privacy requirements may enter into a Data Processing Addendum or similar agreement with Opti-mized.

Such agreements may address:

  • Data location;
  • International transfers;
  • Subprocessors;
  • Security;
  • Government access;
  • Data deletion;
  • Retention.

Subprocessor Lists

Where appropriate, Opti-mized may maintain or provide a list of subprocessors used to process customer Personal Information.

The content and availability of such a list may depend on customer agreements and legal requirements.

Cross-Border Transfer Assessments

Where required by applicable law, Opti-mized may assess certain international transfers to determine whether appropriate safeguards are available.

Such assessments may consider:

  • Destination jurisdiction;
  • Information involved;
  • Service provider;
  • Contractual protections;
  • Technical safeguards;
  • Legal requirements.

Privacy Laws May Follow the Individual

Even when information is processed in another country, privacy rights from the individual's home jurisdiction may continue to apply to Opti-mized depending on the circumstances.

Local Law May Also Apply

At the same time, the laws of the processing jurisdiction may also apply.

This can result in multiple privacy or data-protection frameworks applying to the same information.

Privacy Rights

Individuals may have rights concerning Personal Information even where it is processed internationally.

Those rights may include:

  • Access;
  • Correction;
  • Deletion;
  • Objection;
  • Restriction;
  • Portability;
  • Consent withdrawal;
  • Other rights.

The availability of rights depends on applicable law.

Requests Concerning Data Location

Customers or users may contact Opti-mized with questions concerning where their information is stored or processed.

Requests may be sent to:

info@opti-mized.com

Depending on the request and customer relationship, we may provide information concerning:

  • Primary hosting region;
  • Relevant service providers;
  • Cross-border processing;
  • Applicable customer arrangements.

No Guarantee of Exact Physical Server Location

Because cloud providers operate distributed infrastructure, Opti-mized may not always be able to identify or guarantee the exact physical server or data-center building containing every copy of every data record.

Where customer agreements require a particular region, the commitment may refer to the approved geographic cloud region rather than a specific physical server.

Data May Move Within a Region

Cloud providers may move data among infrastructure resources within a permitted region for operational reasons.

Such movement generally does not necessarily constitute a change in the agreed geographic hosting region.

Data May Be Cached

Certain information may be temporarily cached to improve:

  • Performance;
  • Availability;
  • User experience.

Caches may contain temporary copies of information.

Cache Expiration

Cached information may be removed automatically after a defined period or when it is no longer needed.

Content Delivery Caching

Public website content may be cached by distributed content-delivery infrastructure.

Customer-specific authenticated data may be handled differently.

Customer-Specific Data Versus Public Website Data

Opti-mized may apply different data-location practices to:

  • Customer Facility Data;
  • Account information;
  • Energy and Operational Data;
  • Website analytics;
  • Marketing data;
  • Transaction information.

Not every category of information needs to be stored in the same region.

Facility Data

Customer Facility Data may be stored in infrastructure supporting the Opti-mized platform.

This may include:

  • Facility configuration;
  • Equipment information;
  • Panel information;
  • Circuit information;
  • Photos;
  • Documents;
  • Reports.

Energy and Operational Data

Energy and Operational Data may be stored and processed in systems designed for:

  • Time-series information;
  • Analytics;
  • Historical analysis;
  • Dashboard display;
  • Reporting.

Facility Intelligence Data

Facility Intelligence Data may be stored in:

  • Databases;
  • Reports;
  • Analytical systems;
  • Customer dashboards.

User Account Information

User-account information may be stored in systems supporting:

  • Authentication;
  • Permissions;
  • Customer administration.

Transaction Information

Transaction information may be stored in accounting, payment, billing, or customer relationship systems.

Marketing Information

Marketing information may be stored in:

  • Email systems;
  • Customer relationship systems;
  • Advertising systems;
  • Analytics systems.

Different Providers for Different Data

Because different categories of information serve different purposes, Opti-mized may use different providers.

This means the geographic location of one category may differ from another.

Data Minimization in Cross-Border Transfers

Where reasonably practicable, Opti-mized may limit cross-border access to information necessary for the applicable purpose.

For example:

  • A support technician may need technical logs but not complete billing records;
  • An email provider may need an email address but not facility electrical measurements;
  • A payment processor may need transaction information but not equipment runtime.

Remote Support Access

When support personnel access customer information remotely, they may be given access only to the systems needed to investigate the issue.

Temporary Access

Certain support access may be temporary.

Access may be removed once the applicable task is completed.

Privileged Access

Administrative access to production systems may be restricted and subject to heightened controls.

These controls may include:

  • Additional authentication;
  • Limited permissions;
  • Audit logging;
  • Approval processes.

Administrative Credentials

Administrative credentials may be protected through security measures appropriate to the system.

Data Transfers During Support

Support files such as:

  • Screenshots;
  • Logs;
  • Reports.

may occasionally be transferred between systems to resolve a customer issue.

Such transfers may involve cloud storage or support systems in different locations.

Customer-Submitted Files

Customers should avoid uploading unnecessary personal or sensitive information because uploaded files may be stored within the same infrastructure used to provide Opti-mized services.

Data Location of Uploaded Documents

Uploaded documents may be stored in cloud storage associated with the customer's account or facility.

Document Processing

If document-processing technologies are used, a file may be temporarily sent to a processing service.

Where possible and appropriate, Opti-mized may select service configurations that limit retention or independent use.

Image Processing

Facility photographs may similarly be processed through image-processing technologies.

The processing location may depend on the provider.

Artificial Intelligence Services

If Opti-mized uses artificial intelligence or machine-learning service providers, information may be processed through their infrastructure.

Where customer information is involved, Opti-mized may consider:

  • Data location;
  • Retention;
  • Model-training restrictions;
  • Contractual terms;
  • Security controls.

As described elsewhere in this Privacy Policy, we do not intend to provide identifiable Customer Facility Data or Energy and Operational Data to unrelated third parties for training their general-purpose AI models unless specifically authorized or otherwise disclosed and permitted.

Data Location of AI Services

AI providers may operate infrastructure in multiple jurisdictions.

Where data residency is important, Opti-mized may evaluate available regional or enterprise configurations where appropriate.

Development Environments

Software development may occur in environments separate from production systems.

Where reasonably practicable, development environments may use:

  • Synthetic data;
  • De-identified data;
  • Limited test data.

Production customer data may be restricted from development environments except where reasonably necessary for troubleshooting or authorized testing.

Testing Environments

Testing environments may be located separately from production infrastructure.

De-Identified Data Location

Aggregated or de-identified information may be stored or processed differently from identifiable customer information where permitted by law.

For example, a generalized benchmarking dataset may be processed in a broader research environment.

Aggregated Data

Aggregated information may be used across regions for:

  • Product development;
  • Research;
  • Benchmarking;
  • Analytics.

Where sufficiently de-identified, different legal requirements may apply.

Anonymized Data

Information that has been effectively anonymized under applicable law may not be subject to the same restrictions as identifiable Personal Information.

Data Separation

Where appropriate, Opti-mized may separate:

  • Identifiable information;
  • De-identified analytical information;
  • Marketing information;
  • Payment information;
  • Support information.

This separation can reduce unnecessary access.

Data Storage Duration

Data location and data retention are separate concepts.

Information may be stored in a particular location for only as long as it is retained under Opti-mized's retention practices.

Additional information concerning retention is provided elsewhere in this Privacy Policy.

Archived Data

Archived information may be stored in a different technical tier or system from active data.

Cold Storage

Certain historical data may be moved to lower-cost or archival storage where it is rarely accessed.

Deletion Processes

When information reaches the end of its retention period, Opti-mized may delete, anonymize, aggregate, or otherwise dispose of it in accordance with applicable requirements.

Deletion Across Systems

Deletion may need to occur across:

  • Production databases;
  • Storage systems;
  • Customer support systems;
  • Logs;
  • Backups.

Deletion timing may therefore vary by system.

Backup Rotation

Backup copies may be deleted according to established rotation schedules rather than immediately when active data is deleted.

Legal Holds

Information may remain stored longer where subject to:

  • Litigation holds;
  • Regulatory requirements;
  • Investigations;
  • Contract disputes;
  • Other legal obligations.

Customer-Requested Deletion

A customer may request deletion where permitted by:

  • Contract;
  • Law;
  • Technical capability.

Deletion may be subject to legal exceptions.

Account Closure

Account closure does not necessarily result in immediate removal of every copy of customer information.

Some information may remain temporarily for:

  • Backups;
  • Legal compliance;
  • Accounting;
  • Security;
  • Dispute resolution.

Storage Security

Opti-mized may use technical and organizational safeguards intended to protect stored information against:

  • Unauthorized access;
  • Loss;
  • Destruction;
  • Alteration;
  • Improper disclosure.

No Security Guarantee

No data-storage system, cloud provider, network, or security control can guarantee absolute security.

Information stored electronically always involves some degree of risk.

Opti-mized seeks to manage that risk through reasonable safeguards appropriate to the nature of the information and services.

Service Provider Security

When selecting or using service providers that handle Personal Information, Opti-mized may consider factors such as:

  • Security capabilities;
  • Privacy terms;
  • Access controls;
  • Incident response;
  • Encryption;
  • Infrastructure reliability;
  • Contractual protections.

Security Certifications

Certain service providers may maintain independent security certifications or attestations.

Opti-mized does not necessarily represent that every provider has the same certifications or that Opti-mized itself holds a particular certification unless expressly stated elsewhere.

Vendor Due Diligence

Opti-mized may conduct reasonable diligence when selecting providers that handle important customer information.

The scope of diligence may depend on:

  • Data sensitivity;
  • Provider role;
  • Business importance;
  • Available information.

Vendor Contracts

Contracts with service providers may include obligations concerning:

  • Confidentiality;
  • Security;
  • Data use;
  • Data processing;
  • Incident notification;
  • Subprocessors;
  • Termination;
  • Data deletion.

International Transfer Safeguards

Where Personal Information is transferred internationally, safeguards may include:

  • Contractual protections;
  • Technical safeguards;
  • Encryption;
  • Access restrictions;
  • Vendor due diligence;
  • Transfer assessments;
  • Other legally recognized mechanisms.

Different Standards by Jurisdiction

International transfer rules vary significantly.

Opti-mized may therefore use different safeguards depending on:

  • Applicable jurisdiction;
  • Customer;
  • Provider;
  • Data type.

Canadian Information

Information relating to Canadian users or customers may sometimes be processed outside Canada.

Where applicable Canadian privacy law requires notice or safeguards relating to cross-border processing, Opti-mized intends to comply with those requirements.

U.S. Information

Information relating to U.S. users or customers may be processed in the United States or other jurisdictions.

State-specific privacy requirements may apply depending on the user's location and the nature of processing.

European Information

Where European data-protection law applies, cross-border transfers may require additional safeguards.

If Opti-mized becomes subject to such requirements for a particular customer or processing activity, appropriate mechanisms may be implemented.

United Kingdom Information

Where UK data-protection law applies, international transfers may require appropriate transfer safeguards.

Other Jurisdictions

Opti-mized may provide services in jurisdictions with their own data-localization or international-transfer requirements.

We may adapt our practices as necessary to comply with applicable law.

Customer Consent

In some circumstances, consent may be used as a legal basis for particular cross-border processing where permitted by law.

Contractual Necessity

Certain transfers may be necessary to perform a contract or provide a service requested by the customer.

Legal Obligations

Opti-mized may also process or transfer information where necessary to comply with legal obligations.

Legitimate Business Operations

Where permitted by applicable law, cross-border processing may occur for legitimate business purposes such as:

  • Hosting;
  • Support;
  • Security;
  • Communications;
  • Analytics.

Data Location Transparency

Opti-mized may provide additional data-location information in:

  • Customer agreements;
  • Security documentation;
  • Data Processing Addenda;
  • Subprocessor lists;
  • Procurement responses;
  • Customer security questionnaires.

Security Questionnaires

Enterprise, municipal, government, or institutional customers may request information concerning:

  • Hosting;
  • Data location;
  • Encryption;
  • Subprocessors;
  • Security controls.

Opti-mized may respond based on current architecture and available information.

Changes to Data Location

Information may be relocated if:

  • Infrastructure changes;
  • A service provider changes;
  • A customer requests migration;
  • Legal requirements change;
  • A new region becomes available;
  • Performance or security needs change.

Material Changes

Where a material change to data-location practices affects legal obligations or customer commitments, Opti-mized may:

  • Update this Privacy Policy;
  • Provide contractual notice;
  • Update subprocessor information;
  • Obtain consent where required;
  • Take other legally appropriate measures.

No Automatic Notice for Routine Infrastructure Changes

Routine technical changes that do not materially change privacy practices may not necessarily result in individual notice.

For example, movement between servers within the same approved cloud region may be an ordinary infrastructure operation.

Data Location and Acquisitions

If Opti-mized is acquired or reorganized, customer information may be migrated to successor infrastructure.

Any successor remains subject to applicable privacy obligations with respect to Personal Information it receives.

Data Location During Corporate Transactions

During due diligence, limited information may be made available to:

  • Potential acquirers;
  • Investors;
  • Advisers.

These parties may operate in other jurisdictions.

Confidentiality protections may apply.

Incident Response

If a security incident occurs, Opti-mized may use cybersecurity, forensic, legal, or other specialists located in another jurisdiction.

These parties may need temporary access to affected information.

Emergency Access

Urgent technical or security events may require access by authorized personnel or service providers in another location to protect systems or restore service.

Support Outside Normal Business Hours

Providing support outside normal business hours may sometimes involve personnel or service providers located in other time zones.

Global Operations

As Opti-mized grows, employees, contractors, customers, and service providers may be distributed internationally.

Data-location practices may therefore evolve alongside the business.

Customer-Specific Restrictions

Certain customers may negotiate restrictions concerning:

  • Access from foreign jurisdictions;
  • Remote support;
  • Hosting regions;
  • Subprocessors.

Where agreed, these restrictions may be documented contractually.

No Implied Customer-Specific Commitment

Unless expressly stated in a customer agreement, this Privacy Policy does not create a customer-specific guarantee that no information will ever be accessed outside the customer's country.

Legal and Regulatory Retention

Certain information may need to remain stored in a jurisdiction to comply with:

  • Tax rules;
  • Corporate law;
  • Government requirements;
  • Regulatory obligations.

Accounting Records

Accounting information may be stored separately from platform data and may be processed by accounting providers in different jurisdictions.

Legal Records

Legal records may be maintained by legal advisers in the jurisdictions in which they practice.

Insurance Records

Insurance providers may process information in the jurisdictions where policies are issued or claims are administered.

Public-Sector Records

Information provided to public-sector customers may become stored in government systems.

Once transmitted to the customer's system, the customer's own data-location and records requirements apply.

Customer Downloads

A customer may download data to a local computer, server, or network.

Opti-mized cannot control the physical location of downloaded copies.

Customer Backups

Customers may make their own backups or copies.

Those copies are outside Opti-mized-controlled infrastructure.

Customer Email Systems

Reports or messages sent to customer email addresses may be stored by the customer's email provider.

Customer File Systems

Customers may upload downloaded Opti-mized reports into:

  • Google Drive;
  • Microsoft SharePoint;
  • Dropbox;
  • Local servers;
  • Other systems.

Those systems are governed by the customer's own arrangements.

Customer Responsibility for Exported Data

Customers should consider their own data-location and security obligations when exporting or forwarding Opti-mized information.

Browser Caching

Web browsers may temporarily cache information on a user's local device.

Opti-mized may not control every local cache maintained by browsers.

Local Downloads

Files downloaded from the Opti-mized platform may remain on:

  • Desktop computers;
  • Laptops;
  • Mobile devices;
  • Network drives.

Users should protect those devices appropriately.

Mobile Devices

If Opti-mized offers mobile applications in the future, certain information may be stored locally on the device.

Additional disclosures may be provided where appropriate.

Cookies

Cookies and browser storage may exist on the user's device rather than Opti-mized cloud infrastructure.

Cookie practices are described in Section 9.

Device Identifiers

Device identifiers may be stored in infrastructure supporting hardware management.

Hardware Serial Numbers

Hardware serial numbers and configuration records may be stored for:

  • Support;
  • Warranty;
  • Device management;
  • Security.

Hardware Replacement

Historical hardware records may be retained after a device is replaced.

Facility Historical Data

Historical facility information may be retained to support:

  • Trend analysis;
  • Reports;
  • Baselines;
  • Measurement and verification.

Data Compression

Historical information may be compressed or aggregated to reduce storage requirements.

Granularity Changes

High-frequency data may be summarized into lower-frequency historical data where appropriate.

This may affect storage architecture but not necessarily geographic location.

Data Archiving and De-Identification

Historical data may be:

  • Archived;
  • Aggregated;
  • De-identified;
  • Anonymized.

These forms may be stored separately from identifiable data.

Legal Status of De-Identified Data

De-identified or anonymized information may be subject to different legal requirements depending on jurisdiction.

Data Location of De-Identified Data

Where information is sufficiently de-identified, Opti-mized may process it in additional environments for:

  • Research;
  • Product improvement;
  • Benchmarking;
  • Analytics.

Aggregated Research

Aggregated research datasets may be processed in locations appropriate to Opti-mized's research and development operations.

No Public Availability

The fact that data is stored in cloud infrastructure does not mean it is publicly accessible.

Cloud storage may be configured to restrict access to authorized systems and users.

Internet Accessibility

Certain components must be accessible through the internet to provide the service.

Internet accessibility does not mean unrestricted public access.

Authentication

Customer access to the platform may require authentication.

Authorization

Authenticated users may still be restricted based on permissions.

Organization-Level Access

Customers may control which users have access to which facilities.

Internal Administrative Access

Opti-mized may maintain privileged access necessary to operate and support the service.

Auditability

Certain access events may be logged.

Security Incident Investigation

Access logs may help determine whether information was accessed from an unexpected location.

Geographical Access Controls

Where supported and appropriate, Opti-mized may use geographic access restrictions for certain systems.

These controls are not necessarily enabled for every customer.

VPN Access

Opti-mized personnel or service providers may use secure VPNs or similar technologies for remote access.

Secure Administrative Tools

Administrative access may occur through secure management systems.

No Absolute Geographic Isolation

Even where a cloud region is selected, complete geographic isolation may not be possible for every supporting service.

For example:

  • Support systems;
  • Email;
  • Security tools;
  • Payment systems.

may operate globally.

Data Residency as Part of Procurement

Customers requiring strict residency should include those requirements in procurement documents or contracts before deployment.

Customer Due Diligence

Customers may conduct their own privacy and security diligence.

Opti-mized may provide reasonable information to support that process.

Data Mapping

Opti-mized may maintain internal records showing categories of information and systems used to process them.

Data mapping can help support:

  • Privacy compliance;
  • Security;
  • Data retention;
  • Customer responses.

Records of Processing

Where required, Opti-mized may maintain records of processing activities.

These records may identify:

  • Data categories;
  • Purposes;
  • Recipients;
  • Locations;
  • Retention.

Privacy Impact Assessments

Where appropriate or required, Opti-mized may conduct privacy or data-protection assessments relating to:

  • New systems;
  • International transfers;
  • New service providers;
  • High-risk processing.

Transfer Risk Assessments

Where applicable law requires, Opti-mized may evaluate risks relating to cross-border transfers.

Data Protection Officer or Privacy Contact

Questions concerning data location or cross-border processing may be directed to:

info@opti-mized.com

Requests From Customers

Customers may ask whether specific information can be hosted in a particular region.

Opti-mized may evaluate such requests based on:

  • Infrastructure;
  • Contract;
  • Cost;
  • Technical feasibility;
  • Legal requirements.

Additional Charges or Configuration

Special data-residency arrangements may require:

  • Different infrastructure;
  • Dedicated systems;
  • Custom configuration;
  • Additional services.

Any such arrangements may be addressed contractually.

Future Regional Infrastructure

Opti-mized may introduce additional regional infrastructure over time.

Geographic Expansion

As Opti-mized enters new markets, we may change:

  • Hosting;
  • Support;
  • Service-provider relationships;
  • Data-transfer practices.

Changes to Law

Data localization and international transfer laws may change.

Opti-mized may update practices in response to:

  • New statutes;
  • Regulatory guidance;
  • Court decisions;
  • Government requirements;
  • Contractual obligations.

Provider Legal Changes

The legal environment applicable to major cloud and technology providers may also change.

Opti-mized may modify its provider arrangements where reasonably necessary.

Government Restrictions

Certain countries may impose restrictions on:

  • Cross-border transfers;
  • Cloud services;
  • Encryption;
  • Data storage.

Opti-mized may need to modify service availability based on such laws.

Service Availability by Region

Not all Opti-mized features may be available in every country.

Technical or legal limitations may affect availability.

Customer Notice of Regional Limitations

Where relevant, Opti-mized may notify customers of material regional limitations.

Data Location Does Not Change Ownership

The geographic location of customer information does not, by itself, change the ownership or rights associated with Customer Facility and Operational Data.

For example, storing customer data in AWS infrastructure does not transfer ownership of the underlying customer data to AWS.

Data Location Does Not Create Marketing Rights

Processing data in another jurisdiction does not grant service providers additional rights to use Customer Facility Data for unrelated marketing.

Data Location and AI Training

Similarly, the fact that a third-party technology provider processes information outside the customer's jurisdiction does not automatically authorize the provider to use identifiable Customer Facility Data or Energy and Operational Data for training unrelated general-purpose AI models.

Appropriate Safeguards

Opti-mized takes reasonable steps intended to require appropriate safeguards when Personal Information is processed by service providers.

Depending on the circumstances, safeguards may include:

  • Written agreements;
  • Confidentiality obligations;
  • Data-use restrictions;
  • Security requirements;
  • Access controls;
  • Encryption;
  • Authentication;
  • Incident-response requirements;
  • Subprocessor requirements;
  • Data-retention restrictions;
  • Data-deletion obligations;
  • Audit or review rights;
  • International transfer terms.

Safeguards Are Risk-Based

Not every service provider presents the same level of risk.

For example:

  • A provider that stores complete customer Facility Data may require stronger controls than a provider that processes a limited email address;
  • A payment processor may be subject to financial-industry requirements;
  • A cloud provider may maintain extensive security controls.

Opti-mized may therefore tailor safeguards based on the information and provider involved.

Service Provider Compliance

Service providers may also be independently subject to:

  • Privacy laws;
  • Cybersecurity laws;
  • Industry standards;
  • Regulatory requirements.

No Absolute Protection

Although Opti-mized uses reasonable safeguards, cross-border processing cannot eliminate all legal, security, or operational risks.

No cloud provider, data center, communication network, or international transfer mechanism can guarantee absolute protection.

Customer Risk Assessment

Customers with highly specific regulatory or data-sovereignty requirements should assess whether the available Opti-mized configuration satisfies their obligations.

Security and Data Location

Security and geographic location are related but distinct.

A system located within a customer's country may still be insecure if poorly managed.

A system located internationally may use strong technical and contractual safeguards.

Opti-mized considers both security and location when managing infrastructure.

Availability and Data Location

Maintaining data in multiple technical locations may improve availability and resilience.

Strictly limiting data to one physical location may increase certain operational risks.

Accordingly, data architecture may balance:

  • Residency;
  • Availability;
  • Redundancy;
  • Security;
  • Performance.

Performance and Data Location

Geographic proximity may improve application performance.

Opti-mized may consider network latency and customer location when selecting infrastructure.

Scaling and Data Location

As a customer's use of Opti-mized grows, information may be distributed across additional technical resources within the applicable architecture.

Portfolio Customers

Customers operating facilities across multiple jurisdictions may require information to be stored or processed in more than one region.

Multi-National Customers

A multinational customer may have users accessing the same platform from different countries.

Such access inherently involves cross-border transmission.

Municipal and Public-Sector Portfolios

A municipality or public-sector organization may operate all facilities within a single jurisdiction, but service-provider systems may still involve cross-border processing unless otherwise agreed.

Data Location in Reports

A Facility Intelligence Report may be generated in cloud infrastructure but later stored in:

  • Customer email;
  • Local devices;
  • Customer servers;
  • Government systems.

Accordingly, Opti-mized may not control every location in which a report ultimately resides.

Downloaded Data

Once a customer downloads information, the customer becomes responsible for determining where that copy is stored.

Printed Reports

Printed reports are physical records and are no longer subject to cloud data-location controls.

Customers should secure printed copies appropriately.

Customer Sharing

If customers share reports internationally, the resulting transfer is initiated by the customer.

Data Location and Retention Interact

Where information is moved to archival storage, the archive may be in a different technical location from active data.

Customer-specific location requirements may affect archival design.

Data Destruction

When storage media or hardware is retired, service providers may use processes designed to securely dispose of information.

Cloud Provider Media Management

Cloud infrastructure providers generally manage physical storage media on Opti-mized's behalf.

Opti-mized does not ordinarily have physical access to cloud-provider hardware.

Physical Data Centers

Physical security of cloud data centers is generally managed by the infrastructure provider.

Opti-mized relies on provider controls for matters such as:

  • Physical access;
  • Environmental protections;
  • Hardware maintenance.

Shared Responsibility

Cloud security may involve a shared-responsibility model.

For example:

  • The infrastructure provider may secure physical data centers;
  • Opti-mized may configure application access;
  • Customers may manage user credentials.

Customer Responsibilities

Customers may be responsible for:

  • Protecting passwords;
  • Managing user access;
  • Protecting local devices;
  • Securing exported reports;
  • Securing customer networks.

Data Location and Customer Networks

Information may temporarily exist within customer network infrastructure before being transmitted to Opti-mized.

Wi-Fi Networks

Where gateways use customer Wi-Fi, network traffic may pass through customer-managed systems.

Ethernet Networks

Ethernet-connected devices may similarly rely on customer network infrastructure.

Cellular Networks

Cellular-connected gateways may rely on mobile network providers.

Mobile carriers may process network metadata in accordance with their own legal obligations.

Internet Service Providers

Internet service providers may process network routing information independently of Opti-mized.

No Control Over the Entire Internet Route

Opti-mized cannot guarantee the precise geographic route taken by every internet packet.

Encryption Helps Reduce Transmission Risk

Secure communication protocols may help protect the confidentiality of information transmitted through networks that Opti-mized does not control.

International Transfers by Customers

Customers may themselves create international transfers by:

  • Sharing credentials;
  • Adding overseas users;
  • Sending reports abroad;
  • Exporting data;
  • Authorizing international consultants.

Opti-mized may not always know where every customer-authorized user is located.

User Account Location

A user's account information may not include precise location information.

Accordingly, Opti-mized may not always know the jurisdiction from which a user accesses the platform.

IP-Based Location

Approximate IP-based location may be used for security or analytics but may not reliably establish legal residency.

Jurisdiction Determination

Privacy rights are generally determined by legal residency or other legal factors rather than merely the IP address used to access the service.

Data Location and Privacy Requests

A user may ask Opti-mized whether Personal Information is processed outside the user's jurisdiction.

Opti-mized may respond based on the information reasonably available regarding its systems and service providers.

Verification of Customer Identity

Before providing detailed infrastructure information, Opti-mized may verify the requester's identity or authority where necessary to protect security.

Security Sensitivity

Certain detailed information about infrastructure locations, network architecture, security systems, or data centers may be considered sensitive.

Opti-mized may provide appropriate high-level information without disclosing details that could create security risk.

Procurement Security Reviews

More detailed infrastructure information may be provided confidentially to authorized enterprise or government customers during security review or procurement where appropriate.

Confidential Infrastructure Information

Certain architecture details may be subject to:

  • Confidentiality;
  • Security restrictions;
  • Provider restrictions.

Changes to This Section

Opti-mized may update this section as:

  • Infrastructure changes;
  • New regions are added;
  • Service providers change;
  • Legal requirements change;
  • Products evolve.

Notice of Material Changes

If a material change significantly affects how Personal Information is stored or transferred, we may provide additional notice where required by applicable law.

Summary of Data Storage and Location Practices

At a high level:

  • Opti-mized uses cloud infrastructure to operate its products and services;
  • Our infrastructure includes services provided by Amazon Web Services (AWS);
  • Customer information may be stored in databases, storage systems, backups, logs, analytical systems, communications systems, and other infrastructure;
  • We generally seek to host customer information in a country or region appropriate to the customer and available infrastructure;
  • Not every category of information associated with a customer is necessarily stored in the same jurisdiction;
  • Information may be processed or accessed internationally by Opti-mized or its service providers for hosting, support, security, analytics, communications, payments, operations, or other legitimate purposes;
  • Cross-border processing may include remote access and does not always involve permanent transfer of a complete dataset;
  • Information processed in another jurisdiction may be subject to the laws of that jurisdiction;
  • Government authorities in those jurisdictions may have lawful access powers;
  • Customer-specific data-residency commitments, where required, should be documented in applicable agreements;
  • Cloud architecture may involve multiple availability zones, backups, replicated systems, and disaster-recovery environments;
  • Service providers may process different categories of information in different jurisdictions;
  • Downloaded or exported information may be stored in systems outside Opti-mized's control;
  • Opti-mized may use contractual, technical, organizational, and security safeguards to protect Personal Information handled by service providers;
  • International transfer safeguards may vary depending on the jurisdiction, provider, and applicable law;
  • De-identified or aggregated information may be processed differently from identifiable customer information where permitted;
  • Data-storage and cross-border practices may change as Opti-mized's technology, infrastructure, service providers, customers, and legal obligations evolve.

Opti-mized's objective is to maintain a cloud architecture that supports the security, availability, performance, reliability, scalability, and functionality of our products while taking reasonable steps to protect Personal Information and customer information when it is stored, accessed, or processed across jurisdictions.

Customers with specific requirements concerning data residency, localization, government access, cross-border transfers, or geographic hosting should communicate those requirements to Opti-mized so that they can be evaluated and, where agreed, documented in the applicable contractual arrangements.

For questions concerning data location or cross-border processing, please contact:

info@opti-mized.com
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13

Data Retention

In short: Because we provide long-term facility intelligence, we generally keep customer information until the account is deleted, deletion is requested where applicable, it is no longer reasonably needed, or the law or a contract sets another period. Backups and some records may last longer.

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Data Retention

Opti-mized is designed to provide long-term facility intelligence, historical analysis, equipment-performance context, energy analysis, operational comparisons, reporting, measurement and verification, and other services that may depend on the availability of information collected over extended periods of time.

For that reason, certain information generated through Opti-mized products and services may be retained for substantial periods where continued retention is reasonably necessary to provide the services requested by the customer, maintain historical facility intelligence, support customer operations, comply with contractual obligations, satisfy legal requirements, protect Opti-mized and its customers, or fulfill other legitimate purposes described in this Privacy Policy.

In particular, Energy and Operational Data and related Facility Intelligence Data may be retained from the time a facility begins generating data through the duration of the customer's active relationship with Opti-mized, subject to applicable agreements, customer instructions, technical requirements, legal obligations, and the retention principles described below.

Retention Periods

Retention periods may vary depending on:

  • The type of information;
  • The purpose for which the information was collected;
  • The customer's products and services;
  • Whether the customer account remains active;
  • Whether information remains necessary for historical analysis;
  • Whether the information is required to provide Facility Intelligence;
  • Whether the information is required for reporting;
  • Whether the customer has requested deletion;
  • Whether a contract establishes particular retention requirements;
  • Whether applicable law requires retention;
  • Whether applicable law permits continued retention;
  • Whether information is needed to resolve a dispute;
  • Whether information is necessary for security or fraud-prevention purposes;
  • Whether information is contained in backups;
  • Whether information has been aggregated or de-identified;
  • Other legitimate business, technical, contractual, security, or legal considerations.

Opti-mized does not necessarily apply a single retention period to every category of information. Different categories of information may be retained for different periods because they serve different purposes.

For example, long-term Energy and Operational Data may be useful for comparing equipment behaviour across seasons or years, while a temporary website session identifier may only be necessary for a much shorter period.

General Retention Principles

We generally retain information for as long as reasonably necessary to:

  • Provide the Opti-mized products and services;
  • Maintain an active customer account;
  • Maintain historical Facility Intelligence;
  • Support long-term equipment and facility analysis;
  • Generate reports;
  • Support measurement and verification;
  • Maintain customer configurations;
  • Provide customer support;
  • Troubleshoot technical issues;
  • Maintain hardware and connected services;
  • Preserve appropriate business records;
  • Protect the security of our systems;
  • Prevent fraud or misuse;
  • Comply with applicable law;
  • Fulfill contractual requirements;
  • Resolve disputes;
  • Enforce agreements;
  • Establish, exercise, or defend legal claims;
  • Carry out other purposes described in this Privacy Policy.

Once information is no longer reasonably required for these purposes, Opti-mized may delete, anonymize, de-identify, aggregate, archive, or otherwise dispose of it in accordance with applicable law, contractual obligations, technical capabilities, and internal retention practices.

Long-Term Facility Intelligence

A central feature of Opti-mized is the ability to help customers understand how facilities and equipment behave over time.

Long-term historical information may provide value that cannot necessarily be obtained from short-term measurements alone.

For example, historical information may allow Opti-mized and customers to compare:

  • One day with another;
  • One week with another;
  • One month with another;
  • One season with another;
  • One year with another;
  • Current performance with historical performance;
  • Pre-retrofit performance with post-retrofit performance;
  • Operating-hours performance with off-hours performance;
  • Equipment behaviour before and after maintenance;
  • Demand patterns across different periods;
  • Changes in baseload;
  • Changes in runtime;
  • Changes in cycling;
  • Gradual changes in electrical behaviour.

Accordingly, retaining historical data may be necessary to provide the type of long-term Facility Intelligence that Opti-mized is designed to deliver.

Energy and Operational Data

Energy and Operational Data may be retained for the duration of an active customer account or customer relationship where reasonably necessary to provide historical analysis, reporting, facility intelligence, or related functionality.

This information may include:

  • Electrical current;
  • Voltage;
  • Power;
  • Energy consumption;
  • Circuit-level measurements;
  • Equipment-level measurements;
  • Runtime;
  • Cycling;
  • Demand;
  • Peak demand;
  • Baseload;
  • Continuous load;
  • Off-hours usage;
  • On-hours usage;
  • Historical operating patterns;
  • Sensor measurements;
  • Device measurements;
  • Equipment operating information;
  • Other time-series data.

The retention of historical Energy and Operational Data may support:

  • Baseline development;
  • Trend analysis;
  • Seasonal analysis;
  • Equipment comparisons;
  • Facility comparisons;
  • Energy-loss detection;
  • Historical reporting;
  • Retrofit analysis;
  • Measurement and verification;
  • Maintenance-related analysis;
  • Customer-requested historical review.

Facility Intelligence Data

Facility Intelligence Data derived from Energy and Operational Data may also be retained for the duration of the customer relationship or for other periods reasonably necessary to provide the applicable services.

Facility Intelligence Data may include:

  • Baselines;
  • Runtime calculations;
  • Cycling analysis;
  • Energy-loss opportunities;
  • Demand analysis;
  • Savings estimates;
  • Payback calculations;
  • ROI calculations;
  • Equipment classifications;
  • Anomaly indicators;
  • Maintenance indicators;
  • Recommendations;
  • Reports;
  • Historical trends;
  • Analytical outputs.

Retaining Facility Intelligence Data may help customers understand how previous findings compare with current facility behaviour.

Historical Baselines

Historical data may be retained to establish or maintain facility and equipment baselines. A baseline may require information collected over weeks, months, seasons, or longer periods.

Long-term retention may improve the ability to account for:

  • Seasonal weather;
  • Holiday schedules;
  • Changing operating hours;
  • Occupancy changes;
  • Equipment modifications;
  • Facility expansions;
  • Equipment aging;
  • Utility-rate changes;
  • Changes in demand;
  • Other long-term operational variations.

Measurement and Verification

Where customers implement energy-saving measures, equipment upgrades, operational changes, or retrofits, historical information may be retained to support measurement and verification.

This may require preserving:

  • Pre-implementation data;
  • Baseline data;
  • Post-implementation data;
  • Utility information;
  • Runtime data;
  • Demand information;
  • Relevant Facility Intelligence Data.

Longer retention may be particularly useful where performance is evaluated over multiple seasons or years.

Equipment Deterioration and Long-Term Trends

Certain analytical capabilities may depend on detecting gradual changes over time. For example, a change in equipment behaviour may be difficult to identify without sufficient historical context.

Long-term data may help identify:

  • Increasing runtime;
  • Increasing cycling;
  • Changes in power draw;
  • Changes in electrical signatures;
  • Changes in demand;
  • Changes in operating schedules;
  • Progressive deterioration;
  • Changes in baseline performance.

For this reason, historical retention may be relevant to equipment-performance and maintenance-related intelligence.

Customer Accounts

Information associated with an active customer account may generally be retained for as long as the account remains active and the information remains reasonably necessary to provide the service.

This may include:

  • Customer name;
  • Organization information;
  • User information;
  • Facility information;
  • Configuration information;
  • Equipment records;
  • Panel information;
  • Circuit information;
  • Reports;
  • User permissions;
  • Support history;
  • Contract information;
  • Service history.

Account Closure

When a customer account is closed, Opti-mized may begin a process of deleting, de-identifying, archiving, restricting, or otherwise disposing of customer information.

Account closure does not necessarily result in immediate deletion of every copy of information from every system.

Certain information may remain for a period after closure where necessary to:

  • Complete account termination;
  • Support final billing;
  • Provide requested exports;
  • Maintain transaction records;
  • Resolve disputes;
  • Maintain legal records;
  • Preserve security logs;
  • Complete backup cycles;
  • Protect legal rights;
  • Comply with contractual or legal obligations.

Customer-Requested Deletion

Where applicable law or customer agreements provide a deletion right, customers may request deletion of certain information.

Deletion requests may be submitted through available privacy mechanisms or by contacting Opti-mized.

Requests may be subject to:

  • Identity verification;
  • Customer authorization;
  • Contractual limitations;
  • Legal exceptions;
  • Technical limitations;
  • Retention obligations.

A deletion request does not necessarily require Opti-mized to delete information that it is legally required or legally permitted to retain.

Requests From Individual Users

An individual user may request deletion of Personal Information relating to that user. However, an individual user may not necessarily have authority to require deletion of an entire customer's facility data.

For example, an employee who leaves a customer organization may be entitled to have certain personal account information removed or restricted while the customer's facility records remain necessary for the organization.

Opti-mized may therefore distinguish between:

  • User account data;
  • Customer organization data;
  • Facility data;
  • Energy and Operational Data;
  • Contractual records;
  • Other categories.

Customer Organization Control

Where information is processed on behalf of a customer organization, certain deletion decisions may be controlled by that organization.

Opti-mized may refer individual requests to the applicable customer where appropriate.

Deletion Following Contract Termination

Where a customer contract ends, deletion may be governed by the applicable agreement.

The agreement may specify:

  • A retrieval period;
  • A deletion period;
  • Export rights;
  • Retention obligations;
  • Return-of-data requirements;
  • Backup treatment;
  • Other post-termination obligations.

Where a specific agreement applies, it may supplement this Privacy Policy.

Data Export Before Deletion

Before deleting customer information, Opti-mized may allow or require customers to retrieve or export information where applicable.

Customers should download information they wish to retain before final account deletion where export functionality is available.

Deletion From Active Systems

When information is deleted, Opti-mized may first remove it from active production systems.

Active systems may include:

  • Customer databases;
  • Application storage;
  • Customer dashboards;
  • User account systems;
  • Active report repositories.

Deletion from active systems may occur before deletion from backups or archives.

Backups

Certain information may remain temporarily in system backups after deletion from active systems.

Backups are generally maintained to support:

  • Disaster recovery;
  • Business continuity;
  • Data restoration;
  • System integrity;
  • Protection against accidental loss.

Because backups may be created periodically and retained according to a rotation schedule, information may persist in backups until the relevant backup is overwritten, expires, or is otherwise removed through ordinary backup processes.

Backup Retention

Backup retention may differ from active-data retention.

Opti-mized does not necessarily delete a single customer record individually from every historical backup immediately after a deletion request where doing so is technically impracticable.

Instead, deleted information may remain inaccessible in normal production use while backup copies expire through ordinary backup cycles.

Restoring Backups

If a backup containing previously deleted information must be restored following a technical incident, Opti-mized may take reasonable steps to prevent previously deleted information from being returned to active use where appropriate and technically practicable.

Disaster Recovery

Information may remain within disaster-recovery systems for limited periods where necessary to maintain service resilience.

Archived Information

Certain information may be archived rather than immediately destroyed where continued retention is legally permitted and reasonably necessary for:

  • Historical records;
  • Legal obligations;
  • Contract enforcement;
  • Security;
  • Audit purposes;
  • Other legitimate purposes.

Archived information may be subject to restricted access.

Restricted Access

Information retained beyond active use may be subject to additional access limitations.

For example, archived records may be available only to personnel responsible for:

  • Legal;
  • Security;
  • Finance;
  • Compliance;
  • System administration.

Legal Obligations

Opti-mized may retain information for periods required by applicable law.

Legal requirements may require retention of information relating to:

  • Tax;
  • Accounting;
  • Corporate records;
  • Contracts;
  • Payments;
  • Employment;
  • Security incidents;
  • Legal claims;
  • Government programs;
  • Public procurement;
  • Regulatory requirements.

Retention periods associated with legal requirements may vary by jurisdiction.

Financial Records

Opti-mized may retain financial and transaction records for periods reasonably necessary to comply with:

  • Tax laws;
  • Accounting obligations;
  • Audit requirements;
  • Payment disputes;
  • Financial reporting;
  • Corporate recordkeeping.

These records may include:

  • Invoices;
  • Payments;
  • Credits;
  • Refunds;
  • Purchase orders;
  • Transaction identifiers;
  • Billing details;
  • Contract amounts.

Full Payment-Card Information

Where payment-card information is processed directly by a third-party payment provider, Opti-mized generally does not retain complete payment-card numbers.

Payment providers may maintain their own retention periods under their legal and contractual obligations.

Contract Records

Contracts and related commercial records may be retained after a customer relationship ends where reasonably necessary to:

  • Demonstrate contractual rights;
  • Demonstrate contractual obligations;
  • Resolve disputes;
  • Respond to audits;
  • Protect legal interests;
  • Comply with recordkeeping requirements.

Project Records

Project documentation may be retained for periods appropriate to:

  • Contract administration;
  • Project closeout;
  • Warranty;
  • Verification;
  • Grant reporting;
  • Public procurement;
  • Legal obligations;
  • Dispute resolution.

Grant and Funding Records

Where Opti-mized participates in projects involving grants, incentives, utility programs, government funding, or similar arrangements, certain information may need to be retained to satisfy program requirements.

This may include:

  • Applications;
  • Reports;
  • Facility information;
  • Savings information;
  • Project documentation;
  • Milestones;
  • Invoices;
  • Communications;
  • Supporting evidence.

Program-specific retention obligations may apply.

Public-Sector Records

Municipal, government, or public-sector projects may be subject to additional record-retention requirements.

These may arise from:

  • Government contracts;
  • Procurement rules;
  • Records-management requirements;
  • Grant requirements;
  • Public-record laws;
  • Audit requirements.

Where such requirements apply to Opti-mized, information may be retained for the required period.

Public Records and Customer Copies

Where information is provided to a public-sector customer, that customer may maintain its own copies under its own records-retention requirements.

Opti-mized does not necessarily control the retention of copies held by the customer.

Support Records

Customer support records may be retained for periods reasonably necessary to:

  • Resolve support matters;
  • Track recurring issues;
  • Document customer requests;
  • Improve service;
  • Protect Opti-mized;
  • Maintain service history.

Support records may include:

  • Emails;
  • Support tickets;
  • Screenshots;
  • Logs;
  • Technical notes;
  • Customer communications.

Technical Support Logs

Diagnostic information collected for technical support may be retained for a shorter or longer period depending on:

  • The issue;
  • Security needs;
  • Troubleshooting requirements;
  • Product improvement;
  • Legal obligations.

Security Logs

Security logs may be retained for periods reasonably necessary to:

  • Detect unauthorized access;
  • Investigate incidents;
  • Identify suspicious activity;
  • Maintain system integrity;
  • Respond to legal requests;
  • Protect customers;
  • Protect Opti-mized.

Security logs may include:

  • IP addresses;
  • Login history;
  • Authentication events;
  • Device identifiers;
  • Administrative access records;
  • Security events.

Fraud-Prevention Records

Opti-mized may retain information relating to suspected or confirmed fraud, abuse, misuse, or unauthorized access.

Retention may be necessary to:

  • Prevent repeated fraud;
  • Detect malicious activity;
  • Protect customer accounts;
  • Defend claims;
  • Cooperate with authorities.

Blocklists and Security Suppression

Certain security identifiers may be retained after other information is deleted where necessary to prevent:

  • Fraud;
  • Abuse;
  • Re-registration by malicious actors;
  • Security attacks.

Legal Claims

Information may be retained where reasonably necessary to establish, exercise, or defend legal claims.

This may include information relevant to:

  • Contract disputes;
  • Payment disputes;
  • Intellectual-property claims;
  • Regulatory matters;
  • Security incidents;
  • Customer disputes;
  • Insurance claims;
  • Litigation;
  • Arbitration.

Legal Holds

Where Opti-mized reasonably anticipates litigation, receives a preservation request, becomes involved in a regulatory investigation, or is otherwise required to preserve records, normal deletion schedules may be suspended.

A legal hold may require relevant information to be preserved until the matter is resolved.

Preservation Requests

Opti-mized may retain information subject to a valid preservation request even if the information would otherwise have been deleted.

Preservation does not necessarily mean that the information will ultimately be disclosed.

Disputes

Information may be retained while a dispute remains unresolved.

For example, relevant records may be preserved in connection with:

  • Billing disputes;
  • Service disputes;
  • Contract disputes;
  • Ownership disputes;
  • Data-access disputes.

Enforcement of Agreements

Certain information may be retained after account closure where necessary to enforce:

  • Terms of service;
  • Customer agreements;
  • Confidentiality agreements;
  • Payment obligations;
  • Intellectual-property rights;
  • Other contractual rights.

Protection of Legal Rights

Opti-mized may retain information where reasonably necessary to protect:

  • Its legal rights;
  • Its intellectual property;
  • Its property;
  • Its systems;
  • Its customers;
  • Its users.

Privacy Request Records

Opti-mized may retain information relating to privacy requests.

For example, we may retain:

  • Date of request;
  • Type of request;
  • Verification information;
  • Response status;
  • Date completed;
  • Applicable legal basis.

Such records may be necessary to demonstrate compliance with privacy laws.

Marketing Opt-Out Records

If a user unsubscribes from marketing, Opti-mized may retain limited information to remember the opt-out.

For example:

  • Email address;
  • Opt-out status;
  • Date of unsubscribe.

This information may remain on a suppression list to prevent the user from being inadvertently re-enrolled.

Cookie Consent Records

Where required, Opti-mized may retain records of:

  • Cookie consent;
  • Cookie rejection;
  • Preference selections;
  • Date and time;
  • Consent version.

These records may be retained to demonstrate compliance.

Website Analytics

Website analytics information may be retained according to:

  • Opti-mized settings;
  • Analytics-provider settings;
  • Business needs;
  • Applicable law.

Certain analytics data may be retained in aggregated or de-identified form after more granular information is deleted.

Advertising Data

Advertising and marketing platforms may maintain information according to their own retention practices.

Opti-mized may retain campaign-related information for purposes such as:

  • Attribution;
  • Marketing analytics;
  • Budgeting;
  • Business planning;
  • Compliance.

Cookies

Cookies may have different expiration periods depending on their purpose. Some may expire at the end of the browser session.

Others may persist longer to remember:

  • Login status;
  • Preferences;
  • Cookie choices;
  • Marketing attribution.

Cookie retention is discussed further in Section 9.

User Account Information

User information may generally be retained while the user has an active Opti-mized account.

If a user is removed from an organization, certain user information may be deleted, disabled, archived, or retained where necessary for:

  • Audit logs;
  • Security;
  • Historical records;
  • Compliance;
  • Legal requirements.

Former Users

When a user leaves a customer organization, account access may be disabled.

Opti-mized may retain limited records showing:

  • That the user previously had access;
  • Actions taken by the user;
  • Administrative changes;
  • Security events.

These records may be necessary for audit and security purposes.

Authentication Logs

Authentication logs may be retained after an account is closed where necessary for:

  • Security investigations;
  • Fraud prevention;
  • Legal claims;
  • Audit purposes.

Audit Trails

Audit trails may be retained for periods appropriate to:

  • Accountability;
  • Security;
  • Customer support;
  • Compliance;
  • System administration.

Audit trails may include records of:

  • Login;
  • Facility changes;
  • Configuration changes;
  • User-permission changes;
  • Data exports;
  • Administrative activity.

Customer Facility Configuration

Facility configuration information may be retained for the life of the customer account because it is necessary to interpret Energy and Operational Data.

This may include:

  • Panel names;
  • Circuit names;
  • Equipment mappings;
  • Equipment categories;
  • Gateway assignments;
  • Sensor assignments;
  • Facility hierarchies.

Historical Configuration Changes

Opti-mized may retain historical configuration records to understand how a facility changed over time.

For example, historical records may show:

  • Equipment replacement;
  • Circuit reassignment;
  • Operating schedule changes;
  • Hardware changes.

Such information may improve interpretation of historical data.

Equipment Records

Equipment information may remain even after equipment is retired if it is relevant to historical analysis.

For example, a customer may wish to compare:

  • Old equipment;
  • Replacement equipment;
  • Pre-retrofit operation;
  • Post-retrofit operation.

Hardware Records

Hardware records may be retained after a device is replaced or removed for purposes such as:

  • Warranty;
  • Service history;
  • Troubleshooting;
  • Inventory;
  • Security;
  • Audit.

Device Identifiers

Device identifiers may remain associated with historical measurements. Removing those identifiers could make historical data difficult to interpret.

Accordingly, certain device identifiers may be retained as long as reasonably necessary for historical data integrity.

Device Diagnostics

Diagnostic information may be retained to identify recurring hardware or connectivity issues.

Reports

Facility Intelligence Reports may be retained within the customer's account for as long as the account remains active or as otherwise reasonably necessary.

Older reports may provide valuable historical context.

Report Versions

Different versions of reports may be retained where necessary to:

  • Track changes;
  • Preserve historical findings;
  • Support customer records;
  • Demonstrate what information was available at a given time.

Report Downloads

Opti-mized cannot control how long a customer retains copies of reports after downloading them.

Customer Documents

Uploaded documents may be retained while they remain relevant to:

  • Facility configuration;
  • Analytics;
  • Customer support;
  • Project records;
  • Legal requirements.

Documents may include:

  • Utility bills;
  • Panel schedules;
  • Electrical drawings;
  • Equipment lists;
  • Project documents.

Utility Bills

Historical utility bills may be retained to support:

  • Baseline analysis;
  • Utility-rate analysis;
  • Cost calculations;
  • Savings estimates;
  • Measurement and verification.

Utility Account Information

Certain utility account details may be retained only as long as necessary to support utility-data access, billing analysis, customer instructions, or applicable records.

Facility Photographs

Facility photographs may be retained while reasonably necessary to:

  • Support facility configuration;
  • Document electrical infrastructure;
  • Support future service;
  • Troubleshoot;
  • Review hardware placement;
  • Maintain historical facility records.

Panel Photographs

Panel, MCC, switchgear, and equipment photographs may remain useful after installation because they may help:

  • Confirm configuration;
  • Support future modifications;
  • Resolve service issues.

Personal Information in Photos

Where photographs incidentally contain identifiable individuals, retention may depend on the purpose of the image and whether the personal information remains necessary.

Communications

Business communications may be retained for periods appropriate to:

  • Customer relationship management;
  • Project administration;
  • Legal obligations;
  • Support;
  • Dispute resolution.

Communications may include:

  • Emails;
  • Messages;
  • Meeting records;
  • Support discussions;
  • Sales discussions.

Sales Records

Sales and prospective customer information may be retained while a business relationship remains active or potentially active, subject to applicable law and marketing preferences.

Prospective Customer Information

If a prospective customer does not proceed with Opti-mized, limited sales records may still be retained where reasonably necessary to:

  • Avoid duplicative outreach;
  • Maintain business history;
  • Respond to future inquiries;
  • Maintain compliance records.

Customer Relationship Records

Information documenting the customer relationship may be retained throughout the relationship and for an appropriate period afterward.

Invoices and Billing

Billing records may be retained independently of platform data.

A customer may request deletion of certain platform information while invoice records remain necessary for tax or accounting purposes.

Account Deletion Does Not Necessarily Delete Financial Records

Closing an Opti-mized account does not necessarily require deletion of legally required:

  • Invoices;
  • Payment records;
  • Purchase orders;
  • Accounting records;
  • Tax records.

Security Incidents

Records relating to security incidents may be retained for extended periods where necessary to:

  • Investigate the incident;
  • Prevent recurrence;
  • Demonstrate compliance;
  • Respond to insurance claims;
  • Defend legal claims.

Breach Records

Certain privacy laws may require organizations to maintain records concerning privacy or security breaches.

Where such obligations apply, Opti-mized may retain the required records.

Insurance

Information related to insurance claims or policies may be retained according to:

  • Insurance requirements;
  • Legal requirements;
  • Claims periods.

Tax Records

Tax laws may require certain business records to be maintained for specified periods. Opti-mized may retain relevant transaction records accordingly.

Accounting Records

Accounting requirements may require records to remain even if the related customer account has been deleted.

Corporate Records

Certain records may be retained as part of Opti-mized corporate recordkeeping.

Employment and Contractor Records

Information relating to employees and contractors is generally outside the primary customer-data focus of this section but may be retained according to applicable employment, tax, contract, and corporate requirements.

Vendor Records

Information concerning vendors and service providers may be retained as necessary to manage commercial relationships, audit services, and comply with legal obligations.

Aggregated Information

Opti-mized may retain aggregated information for longer periods than identifiable information.

Aggregated information may be retained for purposes such as:

  • Product development;
  • Research;
  • Benchmarking;
  • Analytics;
  • Statistical analysis;
  • Historical trends;
  • Commercial planning;
  • System performance.

De-Identified Information

Information that has been appropriately de-identified so that it no longer reasonably identifies an individual may be retained for longer periods where permitted by applicable law.

De-identified information may continue to be useful for:

  • Research;
  • Product improvement;
  • Model improvement;
  • Analytics;
  • Benchmarking;
  • Reliability analysis;
  • Hardware development.

Anonymized Information

Information that has been effectively anonymized under applicable law may be retained indefinitely or for extended periods where lawful and appropriate because it is no longer associated with an identifiable individual.

Customer Identification in De-Identified Data

Where information is treated as de-identified, Opti-mized may take reasonable steps intended to prevent the information from being associated with an identifiable individual.

De-Identification Before Retention

In some cases, Opti-mized may choose to retain the analytical value of information while removing or reducing identifiers.

For example, a historical dataset may retain:

  • Equipment category;
  • General facility type;
  • Runtime pattern;
  • Load pattern;
  • General geographic region.

while removing:

  • Customer name;
  • Facility name;
  • Exact address;
  • Contact information.

Aggregation Instead of Deletion

Certain information may be transformed into aggregated statistics rather than retained in its original customer-specific form.

Product Improvement

Information used for product improvement may be retained as long as reasonably necessary for:

  • Testing;
  • Validation;
  • Research;
  • Model improvement;
  • Quality assurance.

Where reasonably practicable, broader product-development data may be aggregated or de-identified.

Research Data

Research datasets may be retained where they remain useful and lawful.

The retention period may depend on:

  • Research purpose;
  • Data sensitivity;
  • Whether identifiers are retained;
  • Applicable legal requirements.

Benchmarking Data

Benchmarking may benefit from long historical periods.

For example, longer periods may help Opti-mized understand:

  • Seasonal patterns;
  • Equipment trends;
  • Facility trends;
  • Changes in technology.

Model Development

Historical de-identified information may be retained to validate and compare analytical methods over time.

Quality Assurance

Test datasets may be retained for as long as necessary to verify software and analytical changes.

Synthetic Data

Synthetic data may be retained independently because it does not represent actual identifiable customer information.

Logs Used for Product Improvement

Certain technical logs may be retained for product-development and reliability analysis.

Data Compression and Summarization

High-frequency Energy and Operational Data may, where appropriate, be compressed, summarized, aggregated, or transformed over time.

For example, older high-frequency measurements may potentially be converted into:

  • Hourly summaries;
  • Daily summaries;
  • Monthly summaries;
  • Other reduced-resolution formats.

Whether this occurs depends on product architecture, customer needs, technical requirements, and applicable agreements.

No Guaranteed Automatic Reduction in Granularity

The fact that Opti-mized may have the technical ability to aggregate older information does not mean that all historical data will necessarily be reduced in granularity.

Certain services may retain detailed information where it remains useful.

Storage Capacity

Retention practices may consider practical technical issues such as:

  • Storage capacity;
  • Performance;
  • Data-processing efficiency;
  • Cost;
  • Reliability.

Technical considerations may influence whether older information is:

  • Retained in active storage;
  • Archived;
  • Aggregated;
  • Compressed.

Active Versus Archived Storage

Historical data may be moved from active storage to archival storage.

Archived information may:

  • Take longer to retrieve;
  • Be accessed less frequently;
  • Be subject to different storage controls.

Cold Storage

Certain older information may be placed in long-term storage systems designed for infrequent access.

Data Lifecycle Management

Opti-mized may implement data lifecycle management processes that determine when information:

  • Is actively used;
  • Is archived;
  • Is aggregated;
  • Is de-identified;
  • Is deleted.

Automated Retention Processes

Some deletion, archival, or backup expiration may occur automatically according to technical settings.

Manual Retention Decisions

Certain records may require manual review before deletion.

For example:

  • Legal records;
  • Dispute records;
  • Government records;
  • Special customer agreements.

Customer-Specific Retention Terms

Certain customers may negotiate specific retention requirements.

Customer-specific terms may address:

  • Minimum retention;
  • Maximum retention;
  • Post-termination deletion;
  • Backup deletion;
  • Export;
  • Legal holds;
  • Archiving.

Where such terms apply, they may supplement this Privacy Policy.

Municipal and Government Customers

Municipal and government customers may have records-retention requirements that differ from private-sector customers.

Opti-mized may be required to preserve information for longer periods where such requirements are incorporated into an applicable contract or imposed by law.

Procurement Requirements

Public procurement documents may include retention obligations. Opti-mized may retain relevant records where required.

Audit Rights

Certain contracts may require records to be available for audit for a defined period. Opti-mized may retain information accordingly.

Regulatory Requirements

Certain jurisdictions or industries may impose specific retention periods. Opti-mized may retain information for those legally required periods where applicable.

Different Jurisdictions

Retention requirements may differ between:

  • Canada;
  • United States;
  • European jurisdictions;
  • Other countries.

Opti-mized may therefore apply different retention rules to different categories of information or customers.

Canadian Privacy Principles

Where Canadian privacy law applies, Opti-mized generally seeks not to retain Personal Information longer than reasonably necessary for identified purposes, subject to legal and contractual requirements.

United States Privacy Requirements

U.S. state laws may impose requirements concerning data minimization, storage limitation, deletion, or consumer rights.

Opti-mized may apply those requirements where applicable.

Other Privacy Laws

Where other privacy laws apply, Opti-mized may adjust retention practices as necessary.

Deletion Rights Are Not Absolute

Privacy laws commonly provide exceptions allowing or requiring continued retention.

For example, deletion may not be required where information is reasonably necessary to:

  • Complete a transaction;
  • Provide a service;
  • Detect security incidents;
  • Prevent fraud;
  • Comply with law;
  • Exercise legal rights;
  • Maintain required records.

The available exceptions depend on applicable law.

Identity Verification for Deletion

Before deleting Personal Information, Opti-mized may require verification reasonably necessary to protect against unauthorized deletion.

For example, we may verify:

  • Email address;
  • User account;
  • Customer organization;
  • Administrative authority.

Authorized Agents

Where privacy law permits an authorized agent to submit a deletion request, Opti-mized may require appropriate proof of authority.

Data Subject Requests

Records relating to access, correction, deletion, or other privacy requests may be retained to demonstrate compliance.

Repeated Requests

Limited request records may help Opti-mized identify repeated or potentially fraudulent requests.

Fraudulent Deletion Requests

Opti-mized may refuse or delay deletion where reasonably necessary to investigate suspected fraud or unauthorized requests.

Customer Data Ownership Does Not Automatically Determine Retention

A customer's rights in underlying data do not necessarily mean that Opti-mized must immediately delete every copy upon request if retention is required by law, contract, security obligations, or legitimate legal interests.

Customer Contract Termination Versus Data Deletion

Contract termination and data deletion may occur at different times.

For example, access may end immediately while deletion occurs through a later technical process.

Account Suspension

If an account is suspended rather than deleted, information may remain stored so that the account can potentially be restored.

Reinstatement

If a suspended customer returns to active service, retained information may be used to restore the account where appropriate.

Dormant Accounts

Accounts that remain inactive for extended periods may be subject to:

  • Archival;
  • Deactivation;
  • Deletion.

depending on applicable agreements and internal practices.

Advance Notice

Where appropriate, Opti-mized may provide notice before deleting certain inactive accounts or customer information.

Trial Accounts

Trial or demonstration accounts may have different retention periods from paid customer accounts.

Demo Data

Synthetic or sample demonstration data may be retained longer than customer-specific demonstration data.

Contact Form Submissions

Website inquiries may be retained for periods appropriate to:

  • Sales follow-up;
  • Customer service;
  • Business records;
  • Legal compliance.

Support Form Submissions

Support inquiries may be retained as part of the customer's support history.

Marketing Leads

Marketing lead information may be retained while a legitimate business relationship or sales opportunity exists and as permitted by applicable law.

Unsubscribe Records

Unsubscribe records may remain indefinitely or for extended periods where necessary to ensure compliance with a user's opt-out.

Cookie Data

Certain cookie identifiers may expire automatically according to their configured lifespan.

Consent Platform Records

Consent-management providers may retain privacy preference records for compliance purposes.

Analytics Providers

Third-party analytics providers may retain information according to their own configurations and legal requirements.

Opti-mized may not directly control every aspect of provider retention.

Service Provider Retention

Service providers acting on Opti-mized's behalf may retain information only for periods permitted by:

  • Their agreements;
  • Opti-mized instructions;
  • Applicable law.

However, certain independent providers may maintain records for their own legal obligations.

Provider Deletion

When an Opti-mized service-provider relationship ends, we may request deletion or return of information where appropriate and contractually available.

Subprocessors

Subprocessors may have their own technical retention cycles.

Where required, applicable contracts may require deletion following termination.

Cloud Storage

Cloud providers may use internal redundancy, replication, and backup systems that affect the timing of complete physical deletion.

Logical Deletion

Information may first be logically deleted from active use before physical storage blocks are overwritten.

Physical Media

Opti-mized generally relies on cloud providers to manage physical media containing customer information.

Data Destruction

Cloud providers may use procedures for secure disposal or reuse of storage media.

Customer Devices

Deletion from Opti-mized systems does not delete copies stored on customer-controlled devices.

For example, a customer may retain:

  • Downloaded reports;
  • Exported spreadsheets;
  • Screenshots;
  • Email attachments;
  • Local backups.

Third-Party Copies

If information has been lawfully shared with a third party, deletion from Opti-mized does not necessarily delete copies independently maintained by that third party.

For example:

  • A consultant may retain a report;
  • A government agency may retain a grant submission;
  • A payment processor may retain transaction records.

Customer-Directed Sharing

Customers should consider their own retention obligations when directing Opti-mized to share information with external parties.

Exported Reports

Opti-mized may not know how long exported reports are retained after leaving its systems.

Email Retention

Emails sent to customers may remain within customer email systems after deletion from Opti-mized.

Recipient Systems

Recipients may be subject to their own legal retention requirements.

Legal Process

A valid subpoena, court order, investigation, or legal demand may require retention or preservation beyond normal schedules.

Regulatory Investigation

Information may be retained while a regulator investigates:

  • Security;
  • Privacy;
  • Contract performance;
  • Financial matters.

Law Enforcement

Certain records may be preserved in response to lawful law-enforcement requests.

Protection Against Abuse

Opti-mized may retain limited identifiers to prevent abuse, even after account deletion.

Security Blocklists

Examples may include:

  • IP addresses associated with attacks;
  • Fraud indicators;
  • Device identifiers associated with misuse.

Error Logs

Technical error logs may be retained for a period sufficient to:

  • Diagnose issues;
  • Identify trends;
  • Improve reliability.

Temporary Files

Temporary processing files may be deleted more quickly than primary customer data.

Caches

Cached copies may be automatically removed after expiration or system refresh.

Content Delivery Networks

Public website cache data may be governed by provider-specific expiration settings.

Local Gateway Buffers

Connected gateways may temporarily retain data while offline. Once data is transmitted successfully, local buffering may be cleared according to device functionality.

Firmware Logs

Hardware logs may remain on devices or cloud systems for periods necessary for support.

Device Replacement

Historical device logs may remain associated with a customer even after a device is replaced.

Facility Closure

If a customer closes a facility but maintains an active Opti-mized account, historical information from that facility may remain accessible to support portfolio history and reporting.

Facility Transfer

If a facility changes ownership, historical data may require special handling.

Access may depend on:

  • Customer instructions;
  • Contract terms;
  • Property ownership;
  • Legal requirements.

Customer Portfolio History

A customer may choose to retain historical information for facilities it no longer operates if legally and contractually permitted.

Equipment Retirement

Historical information about retired equipment may be retained for comparison and verification.

Equipment Replacement Records

Old and new equipment may be linked for purposes of:

  • Retrofit analysis;
  • Savings verification;
  • Historical comparison.

Historical Utility Rates

Utility-rate information may be retained to ensure historical cost calculations remain interpretable.

Changes to Utility Rates

New rates may be added without removing historical rate information.

Historical Operating Schedules

Past operating schedules may be retained so historical energy use can be interpreted accurately.

Customer Changes

When a customer changes facility operating hours, old schedules may remain associated with previous periods.

Metadata

Metadata may be retained with customer information to preserve:

  • Date;
  • Time;
  • Source;
  • Version;
  • Device;
  • Configuration.

Version History

Version histories may be retained for:

  • Customer configuration;
  • Reports;
  • Analytics;
  • Software.

Auditability

Version history can help explain why an analytical output changed over time.

Data Integrity

Certain historical records may be retained because deletion of individual components would make remaining records inaccurate or misleading.

Referenced Records

For example, a report may reference a particular equipment record. Deleting the equipment record while retaining the report could reduce interpretability.

Linked Data

Retention decisions may therefore account for relationships between:

  • Measurements;
  • Equipment;
  • Reports;
  • Customer configurations.

Data Minimization

Although Opti-mized supports long-term facility intelligence, we seek where appropriate to avoid retaining Personal Information longer than reasonably necessary.

Long-term retention of technical facility data does not automatically require equally long retention of every category of Personal Information.

Separation of Personal and Facility Information

Where feasible, certain personal identifiers may be removed while facility data remains available for technical purposes.

User Removal

For example, a user account may be deleted while historical facility measurements remain associated with the customer organization.

Customer Contact Changes

Old contacts may be removed or archived when they are no longer relevant.

Facility Data May Outlast Individual User Accounts

Because facility information belongs to the customer organization rather than to an individual platform user, historical facility data may remain after an individual user's account is removed.

Retention of Derived Data

Derived analytical information may be retained after the raw data from which it was generated is reduced or removed, where lawful and appropriate.

Retention of Reports

Reports may remain even if certain supporting temporary data is deleted.

Aggregated Benchmark Data

Aggregated benchmark information may remain after identifiable source records are deleted.

Statistical Integrity

Deleting a source record from a historical aggregate does not necessarily require recalculating all previously generated aggregate statistics where law does not require it and the aggregate no longer identifies the source.

De-Identified Data After Account Closure

Opti-mized may convert certain information to de-identified or aggregated form after an account closes. Where properly de-identified, the resulting information may continue to be retained.

Research Continuity

Long-term de-identified data may help Opti-mized maintain:

  • Historical benchmarks;
  • Long-term product-performance analysis;
  • Hardware reliability trends.

Retention of Intellectual Property

Opti-mized may retain its proprietary:

  • Analytical methods;
  • Algorithms;
  • Software;
  • Models;
  • Generalized learnings;
  • Non-identifiable product improvements.

regardless of whether the underlying customer data is later deleted.

Customer Data Does Not Require Deletion of Opti-mized Technology

A customer deletion request does not require Opti-mized to delete general product improvements that no longer contain identifiable customer information.

Legal Limitations

Opti-mized will not retain Personal Information indefinitely merely because retention could potentially be useful where applicable law requires a more limited period.

Storage Limitation

Where applicable, Opti-mized may consider whether continued storage remains proportionate to the original purpose.

Periodic Review

Opti-mized may periodically review categories of retained information to determine whether they remain necessary.

Retention Schedules

Opti-mized may maintain internal retention schedules defining retention rules for particular categories of information.

Those schedules may change as:

  • Products evolve;
  • Laws change;
  • Customer requirements change;
  • Technical systems change.

Automatic Expiration

Certain data may be configured to expire automatically after a defined period.

Manual Deletion

Other data may require manual deletion.

Data Classification

Retention decisions may take into account:

  • Data sensitivity;
  • Personal-information status;
  • Confidentiality;
  • Business importance;
  • Legal obligations.

Higher-Risk Information

More sensitive information may be subject to shorter retention or stronger controls where appropriate.

Customer-Specific Sensitive Information

Where customer information is particularly sensitive, retention may be governed by specific contractual terms.

No Single Universal Retention Period

Because Opti-mized processes many categories of data for different purposes, this Privacy Policy does not establish one universal retention period for all information.

Reasonableness Standard

Retention periods are generally intended to be reasonable in relation to:

  • The purpose;
  • Customer expectations;
  • Legal requirements;
  • Service functionality;
  • Security;
  • Business necessity.

Retention and Storage Cost

Storage cost alone does not determine whether information should be retained. Retention decisions should reflect legal, technical, contractual, and business factors.

Retention and Analytics Value

The fact that historical data has analytical value may support longer retention where the customer has requested long-term facility intelligence.

Customer Expectations

Customers using Opti-mized for historical energy analysis may reasonably expect historical data to remain available during the active service.

Service Continuity

Deleting historical information prematurely could impair:

  • Baselines;
  • Reports;
  • Trend analysis;
  • Measurement and verification;
  • Long-term equipment insights.

Historical Continuity

Accordingly, Opti-mized may retain historical facility information throughout the active customer relationship.

Customer-Requested Shorter Retention

Where technically feasible and contractually appropriate, a customer may request a shorter retention configuration.

Such requests may be evaluated based on:

  • Product functionality;
  • Technical feasibility;
  • Legal requirements;
  • Service impact.

Customer-Requested Longer Retention

Customers may also require longer retention for:

  • Government records;
  • Compliance;
  • Historical analysis;
  • Internal policy.

Additional retention requirements may be addressed contractually.

Special Retention Arrangements

Custom retention arrangements may involve:

  • Different storage tiers;
  • Additional costs;
  • Dedicated archival requirements.

Data Retention and Security

Longer retention increases the volume of information that must be protected. Opti-mized may therefore consider retention as part of its broader security and risk-management practices.

Archived Access Restrictions

Older data may be subject to stricter access controls.

Monitoring Retained Data

Security systems may continue to protect archived or historical information.

Data Encryption

Retained information may remain subject to applicable encryption and security controls.

Incident Response

Historical information may be relevant to incident investigations. Security logs may therefore be retained for an appropriate period.

Forensic Analysis

Past logs can help determine:

  • When an incident began;
  • Which systems were affected;
  • Which accounts were involved.

Retention After Security Incident

Information relating to a major incident may be retained longer than normal for:

  • Investigation;
  • Legal claims;
  • Regulatory reporting.

Retention and Insurance

Insurers may require certain incident records.

Retention and Audits

Auditors may require historical information to verify:

  • Financial transactions;
  • Security controls;
  • Contract performance.

Retention of Consent Records

Proof of consent may be retained even after consent is withdrawn. This may be necessary to demonstrate that earlier processing was lawful.

Withdrawal of Consent

Withdrawal of consent generally affects future processing. It does not necessarily require deletion of information required for other lawful purposes.

Retention Based on Contract

Where processing is necessary to perform a contract, information may be retained while needed to fulfill contractual obligations.

Retention Based on Legal Obligation

Information may be retained where required by law even after the customer requests deletion.

Retention Based on Security Needs

Certain identifiers may be retained to protect systems.

Retention Based on Legitimate Interests

Where permitted by applicable law, Opti-mized may retain information where necessary for legitimate interests such as:

  • Fraud prevention;
  • Legal defense;
  • Security;
  • Business records.

Retention of Public Information

Publicly available business information may be retained according to legitimate business needs and applicable law.

Contact Information

Questions or requests concerning data retention may be directed to:

info@opti-mized.com

Requests for Information About Retention

Where appropriate, customers may ask how long particular categories of information are expected to be retained.

The answer may depend on:

  • Product configuration;
  • Contract;
  • Customer jurisdiction;
  • Technical systems.

Retention Policy Changes

Opti-mized may revise retention practices as:

  • Technology changes;
  • Laws change;
  • Customer needs change;
  • Infrastructure changes;
  • Products evolve.

Notice of Material Changes

Where changes materially affect the handling of Personal Information, Opti-mized may provide updated notice where required.

Customer Agreements May Override General Practices

Where a signed customer agreement establishes a specific retention obligation, that agreement may apply in addition to or instead of the general practices described in this section.

Data Processing Addenda

A Data Processing Addendum may establish specific deletion or return-of-data obligations.

Order of Priority

Where multiple documents govern retention, the applicable contractual relationship will determine how conflicts are resolved.

Retention Does Not Mean Continuous Active Use

Information may be retained without being continuously accessed or actively analyzed.

For example, historical data may remain stored for future trend analysis while not being accessed every day.

Dormant Historical Data

Historical information may remain dormant until:

  • A user requests a comparison;
  • A report is generated;
  • A baseline is recalculated;
  • An investigation occurs.

Retention Does Not Mean Public Availability

Information remains subject to applicable access controls while retained.

Retention Does Not Transfer Ownership

Retention by Opti-mized does not by itself transfer ownership of the customer's underlying Facility Data or Energy and Operational Data.

Retention and Service Providers

Service providers may retain information on Opti-mized's behalf. Their retention should generally be limited by contractual terms, technical requirements, and applicable law.

Certain providers may retain limited information independently where required by law.

Data Return

Where required by contract, Opti-mized may return or make available customer information before deletion.

Data Format

The available export format may depend on:

  • Product functionality;
  • Data type;
  • Technical feasibility.

Deleted Data Cannot Always Be Recovered

Once information has been permanently deleted from active systems and backups have expired, Opti-mized may be unable to restore the information.

Customers should therefore ensure they export records they need before requesting deletion where appropriate.

Irreversible Anonymization

Where information is effectively anonymized, Opti-mized may no longer be able to associate it with the original customer or individual.

This may make later recovery or deletion of the original contribution impracticable because the identifying link no longer exists.

Re-Identification

Opti-mized does not intend to re-identify properly de-identified information solely to respond to a deletion request where the information can no longer reasonably be associated with the requester.

Customer-Specific Analytics After Deletion

Once underlying identifiable information is deleted, certain customer-specific analytical functionality may no longer be available.

Effect of Deletion on Reports

Deleting source information may affect the ability to regenerate historical reports.

Historical Reports Already Exported

Reports already downloaded by customers may remain in customer-controlled systems.

Effect of Deletion on Baselines

Deletion of historical data may reduce the quality of future baselines.

Customers should consider this when requesting deletion of operational information.

Effect of Shorter Retention

Shorter retention periods may limit:

  • Year-over-year comparison;
  • Seasonal analysis;
  • Equipment deterioration tracking;
  • Long-term measurement and verification.

Customer Acknowledgment

By using long-term Facility Intelligence services, customers understand that historical data retention is an important component of the service.

Retention of High-Frequency Data

Where second-by-second or other high-frequency information is collected, Opti-mized may retain such information where useful for:

  • Equipment analysis;
  • Historical comparison;
  • Detection methods.

Data Aggregation Over Time

High-frequency data may be summarized over time to support efficient long-term storage.

Historical Resolution

Older information may therefore be available at a different level of detail than newer information.

No Guarantee of Permanent Raw Data

Unless specifically agreed, Opti-mized does not necessarily guarantee that every raw measurement will remain permanently available in its original form.

Service Evolution

Storage architectures may evolve as Opti-mized develops new products or improves efficiency.

Migration

Historical data may be migrated to new formats or systems.

Retention During Migration

Temporary copies may exist during migration.

Validation

Migration copies may be retained until the new system has been verified.

Deletion of Old Copies

Old copies may then be removed according to normal procedures.

Duplicate Records

Temporary duplicate records may exist during synchronization or recovery.

Data Integrity Checks

Retention processes may include checks intended to prevent accidental deletion of required information.

Retention Exceptions

Opti-mized may retain information longer than otherwise expected where:

  • Required by law;
  • Required by contract;
  • Subject to legal hold;
  • Needed for security;
  • Needed for fraud prevention;
  • Necessary to resolve a dispute;
  • Necessary to defend a legal claim;
  • Required for audit;
  • Necessary for tax or accounting;
  • Otherwise permitted by applicable law.

Shorter Retention

Opti-mized may delete information earlier where:

  • It is no longer useful;
  • It was collected in error;
  • The customer requests deletion and no exception applies;
  • Continuing retention is unnecessary;
  • Required by law.

Early Deletion Requested by Customer

Early deletion may reduce product functionality. Opti-mized may explain the potential impact before completing a deletion request where appropriate.

Personal Data Versus Facility Data

Retention rules may differ between:

  • Personal Information;
  • Facility Data;
  • Energy and Operational Data;
  • Facility Intelligence Data.

Some facility information may not constitute Personal Information.

Opti-mized may retain non-personal facility information for technical, contractual, or business purposes subject to applicable agreements.

Commercially Sensitive Data

Even where facility information is not Personal Information, it may remain commercially or operationally sensitive.

Opti-mized may continue to apply confidentiality and security protections during retention.

Data Confidentiality After Termination

Contractual confidentiality obligations may continue after the customer relationship ends.

No Sale Due to Retention

Retention does not mean Opti-mized is authorized to sell customer information.

All retained information remains subject to the disclosure and use limitations described elsewhere in this Privacy Policy.

Retention and General-Purpose AI

Retention of Customer Facility and Operational Data does not mean Opti-mized provides identifiable customer data to unrelated third parties for training their general-purpose artificial intelligence models.

Such practices are addressed separately in this Privacy Policy.

Historical Data for Opti-mized Improvement

Where broader product improvement uses historical customer-derived information, Opti-mized may use aggregated, de-identified, anonymized, or otherwise appropriately protected information where reasonably practicable.

Retention of De-Identified Research

De-identified research information may be retained for longer periods where lawful and useful.

Statistical Data

Statistical summaries may remain after source data has been removed.

Retention and Industry Benchmarks

Historical aggregated information can improve industry or facility benchmarks.

Longitudinal Analysis

Long-term de-identified data may support longitudinal analysis across:

  • Seasons;
  • Years;
  • Equipment lifecycles.

Retention of Model Outputs

Model parameters or generalized analytical improvements may persist after the original identifiable records are deleted where the resulting information no longer reasonably identifies a customer or individual.

Derived Intellectual Property

Generalized product improvements may constitute Opti-mized intellectual property and may be retained independently of underlying customer records.

No Reversal of De-Identification

Where information has been properly de-identified, Opti-mized does not intend to reverse the de-identification merely for unrelated purposes.

Security of Retained Data

Retained information remains subject to applicable administrative, technical, and organizational safeguards.

Access Controls

Historical data may be accessed only by:

  • Authorized customer users;
  • Authorized Opti-mized personnel;
  • Authorized service providers;
  • Other permitted recipients.

Customer Access to Historical Data

The amount of historical data visible to the customer may depend on:

  • Account status;
  • Product configuration;
  • Platform functionality.

Suspension of Access

Historical information may remain stored during suspension even though customer access is temporarily disabled.

Data After Cancellation

After cancellation, customer access may end before final deletion occurs.

Final Deletion

Final deletion may occur after:

  • Contract obligations are completed;
  • Export periods expire;
  • Legal requirements are satisfied;
  • Backups expire.

Destruction Methods

Depending on the storage technology, information may be:

  • Deleted;
  • Overwritten;
  • Cryptographically erased;
  • Anonymized;
  • Otherwise rendered inaccessible.

Physical Media Destruction

Physical destruction of cloud-provider media is generally managed by the provider.

Secure Disposal

Opti-mized may rely on provider procedures intended to prevent recovery of deleted information from retired media.

Retention Governance

Opti-mized may assign responsibility for retention practices to appropriate personnel involved in:

  • Legal;
  • Security;
  • Operations;
  • Engineering;
  • Finance;
  • Privacy.

Employee Training

Personnel may receive guidance concerning retention and deletion where relevant to their roles.

Access During Legal Hold

Information under legal hold may be restricted to authorized personnel.

Documentation of Legal Holds

Opti-mized may document:

  • Scope;
  • Reason;
  • Start date;
  • Release date.

Release of Legal Hold

Once a legal hold ends, normal retention schedules may resume.

Data Retention Audits

Opti-mized may periodically review retention practices to identify:

  • Unnecessary data;
  • Over-retention;
  • Compliance risks;
  • Technical improvements.

Security and Privacy Review

Retention policies may be reviewed as part of broader privacy and security governance.

Vendor Retention Review

Service providers may also be reviewed to ensure their retention practices remain appropriate.

Changes in Law

Retention requirements may change as privacy, tax, corporate, cybersecurity, procurement, or other laws evolve.

Opti-mized may update retention practices accordingly.

Changes in Products

New Opti-mized services may generate new categories of information requiring different retention periods.

New Hardware

Future hardware may generate technical logs or measurements with different retention needs.

New Analytics

Future analytics may require longer or shorter historical periods.

New Jurisdictions

Entering new markets may create new retention requirements.

Customer Notice

Where a material change affects the way Personal Information is retained, Opti-mized may update this Privacy Policy or provide other notice where required.

Questions About Retention

Customers and users may contact Opti-mized with questions about data retention at:

info@opti-mized.com

Summary of Our Data Retention Practices

At a high level:

  • Opti-mized is designed to provide long-term facility intelligence;
  • Energy and Operational Data may therefore be retained from the time a facility begins generating information through the duration of the customer's active account or relationship;
  • Facility Intelligence Data may similarly be retained to support historical analysis, reporting, baselines, measurement and verification, and customer services;
  • Customer facility configuration, equipment information, panel information, circuit mappings, reports, and other relevant information may be retained while necessary to provide the service;
  • Opti-mized generally retains customer information until the account is deleted, the customer requests deletion where applicable, the information is no longer reasonably necessary, or applicable law or contract requires or permits another period;
  • Account closure does not necessarily result in immediate deletion from every system;
  • Information may remain temporarily in backups, disaster-recovery systems, logs, and archives;
  • Certain financial, tax, accounting, contractual, security, legal, audit, fraud-prevention, and dispute-related records may be retained after other customer information is deleted;
  • Legal holds may suspend normal deletion processes;
  • Privacy-request and unsubscribe records may be retained where necessary to demonstrate compliance or honor user preferences;
  • Historical facility data may outlast individual user accounts because it belongs to the broader customer facility relationship rather than a single user;
  • Equipment, configuration, and hardware history may be retained to preserve the interpretability of historical Energy and Operational Data;
  • Older information may be archived, aggregated, compressed, de-identified, or summarized where appropriate;
  • Aggregated, anonymized, or de-identified information that no longer reasonably identifies an individual may be retained for longer periods where permitted by law;
  • De-identified information may continue to be used for research, benchmarking, analytics, product development, reliability analysis, and model improvement;
  • Customers may be able to request deletion where permitted, but deletion rights are subject to legal, contractual, security, and technical exceptions;
  • Customers should retrieve information they wish to preserve before account termination or deletion where export functionality is available;
  • Copies independently held by customers, consultants, government agencies, payment providers, or other authorized recipients are not necessarily deleted when information is removed from Opti-mized systems;
  • Customer-specific contractual retention requirements may supplement the general practices described in this Privacy Policy;
  • Retention practices may evolve as Opti-mized's products, infrastructure, customer needs, and legal obligations change.

Our general objective is to retain information for as long as it remains reasonably necessary to provide Opti-mized's products and services, maintain meaningful historical Facility Intelligence, satisfy contractual and legal requirements, protect customers and our systems, and support legitimate business purposes, while avoiding unnecessary retention of identifiable Personal Information where it no longer serves a legitimate or lawful purpose.

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14

Data Security

In short: We use reasonable administrative, technical, organizational and operational safeguards to protect information. The safeguards used depend on the information and systems involved.

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Opti-mized takes the security of Personal Information, Customer Facility and Operational Data, Energy and Operational Data, Facility Intelligence Data, account information, technical information, and other information processed through our products and services seriously.

We maintain reasonable administrative, technical, organizational, and operational safeguards intended to protect information against risks such as:

  • Unauthorized access;
  • Unauthorized disclosure;
  • Loss;
  • Misuse;
  • Alteration;
  • Destruction;
  • Theft;
  • Accidental deletion;
  • Improper access;
  • Credential compromise;
  • Malicious activity;
  • Cybersecurity threats;
  • Other forms of unauthorized or unlawful processing.

The safeguards used by Opti-mized may vary depending on:

  • The nature of the information;
  • The sensitivity of the information;
  • The systems involved;
  • The customer relationship;
  • The technical environment;
  • The likelihood and severity of potential risks;
  • Available technology;
  • Operational requirements;
  • Contractual obligations;
  • Applicable law.

No single security measure can eliminate every possible risk.

Accordingly, Opti-mized uses a layered approach to security where appropriate, combining administrative, technical, organizational, contractual, procedural, and other controls.

Our security practices may evolve over time as:

  • Technology changes;
  • Cybersecurity threats evolve;
  • Our products develop;
  • Our infrastructure changes;
  • New service providers are introduced;
  • Customer requirements change;
  • Legal requirements change;
  • New security practices become appropriate.

Nothing in this Privacy Policy should be interpreted as a representation that Opti-mized uses every possible security measure, that every system is configured in exactly the same manner, or that security incidents can never occur.

Our General Security Approach

Opti-mized seeks to protect information throughout its lifecycle.

Depending on the information and system involved, security considerations may apply when information is:

  • Collected;
  • Generated;
  • Transmitted;
  • Received;
  • Stored;
  • Accessed;
  • Analyzed;
  • Displayed;
  • Exported;
  • Backed up;
  • Archived;
  • Deleted.

Security controls may apply to:

  • Public websites;
  • User accounts;
  • The Opti-mized platform;
  • APIs;
  • Connected gateways;
  • Sensors;
  • Databases;
  • Cloud infrastructure;
  • Internal systems;
  • Customer support systems;
  • Communications systems;
  • Development environments;
  • Administrative systems;
  • Service-provider systems.

Administrative Safeguards

Opti-mized may use administrative safeguards designed to reduce privacy and cybersecurity risks.

These safeguards may include:

  • Internal policies;
  • Security procedures;
  • Privacy procedures;
  • Access-management practices;
  • Vendor management;
  • Employee and contractor confidentiality obligations;
  • Incident-response procedures;
  • Account-management procedures;
  • Risk assessments;
  • Security reviews;
  • Data-handling guidance;
  • Other governance controls appropriate to our operations.

Administrative controls are intended to help ensure that technology is supported by appropriate organizational practices.

Technical Safeguards

Depending on the applicable system, Opti-mized may use technical safeguards intended to protect information.

These may include:

  • Authentication;
  • Access controls;
  • Role-based permissions;
  • Encryption;
  • Secure communications;
  • Network protections;
  • Logging;
  • Monitoring;
  • Backup systems;
  • Security alerts;
  • Configuration controls;
  • Software updates;
  • Device security;
  • Account protections;
  • Other technical safeguards.

The precise technologies and configurations used may vary over time.

Organizational Safeguards

Organizational safeguards may include:

  • Limiting access based on business need;
  • Assigning security responsibilities;
  • Segregating roles where appropriate;
  • Maintaining internal security processes;
  • Evaluating service providers;
  • Maintaining incident escalation procedures;
  • Training relevant personnel;
  • Reviewing security events.

Security Is Risk-Based

Opti-mized may apply different safeguards to different categories of information.

For example:

  • Passwords and authentication information may require different protections from public website content;
  • Customer Facility Data may require different controls from aggregated analytics;
  • Payment information may be processed through specialized payment providers;
  • Administrative credentials may require stronger controls than ordinary user preferences.

A risk-based approach allows security measures to be aligned with the type and sensitivity of information involved.

Access Controls

Access to customer information is intended to be limited according to operational requirements, legitimate business need, user permissions, and system responsibilities.

Not every Opti-mized employee, contractor, administrator, or service provider requires access to every category of customer information.

Depending on role, access may be restricted to information necessary for:

  • Customer support;
  • Technical support;
  • Software maintenance;
  • Security;
  • Billing;
  • Account administration;
  • Facility configuration;
  • Product development;
  • Troubleshooting;
  • Quality assurance;
  • Legal compliance;
  • Other authorized purposes.

Role-Based Access

Where appropriate, Opti-mized may assign permissions based on roles.

For example, different access levels may apply to:

  • Customer users;
  • Customer administrators;
  • Opti-mized support personnel;
  • Technical personnel;
  • Developers;
  • Billing personnel;
  • Security personnel.

Role-based access can help reduce unnecessary exposure of information.

Least-Privilege Principles

Where appropriate, Opti-mized may seek to provide users and personnel with only the level of access reasonably necessary to perform their authorized functions.

For example:

  • A billing employee may not need detailed facility electrical measurements;
  • A marketing employee may not need access to customer Facility Intelligence Reports;
  • A software developer may not need complete customer transaction information;
  • A support technician may need access only to the systems relevant to a particular support request.

Need-to-Know Access

Access to sensitive customer information may be limited according to a need-to-know principle.

This means that possession of an Opti-mized account or employee role does not necessarily provide unrestricted access to all customer data.

Customer User Permissions

Customers may be able to control access within their organization.

Depending on platform functionality, customer administrators may be able to:

  • Invite users;
  • Remove users;
  • Assign administrator roles;
  • Restrict facility access;
  • Manage permissions;
  • Configure notification recipients.

Customers should periodically review who has access to their Opti-mized account.

Customer Administrator Access

Customer administrators may have broader access than standard users.

Administrator access may permit actions such as:

  • Adding users;
  • Removing users;
  • Managing permissions;
  • Accessing multiple facilities;
  • Changing account settings.

Customers should designate administrators carefully.

Internal Administrative Access

Certain Opti-mized personnel may require privileged access to production systems.

Privileged access may be limited to personnel responsible for:

  • Infrastructure;
  • Security;
  • Database administration;
  • Critical troubleshooting;
  • System maintenance.

Privileged Access Controls

Where appropriate, privileged administrative access may involve additional controls such as:

  • Additional authentication;
  • Restricted credentials;
  • Audit logging;
  • Role separation;
  • Limited duration;
  • Approval procedures.

Access Removal

Access may be removed or modified when:

  • An employee changes roles;
  • A contractor's work ends;
  • A customer user leaves an organization;
  • An administrator revokes permissions;
  • Access is no longer necessary;
  • Security concerns arise.

Periodic Access Review

Opti-mized may review access permissions periodically or when circumstances warrant.

Authentication

Authentication is an important component of account security.

Opti-mized may use authentication mechanisms to help confirm that users are authorized to access accounts and systems.

Authentication may involve:

  • Username and password;
  • Email verification;
  • Authentication tokens;
  • Single sign-on where available;
  • Multi-factor authentication where available or required;
  • Session management;
  • Other authentication methods.

Password Security

Users are responsible for maintaining the confidentiality of their passwords.

Users should:

  • Use strong passwords;
  • Avoid reusing passwords across unrelated services;
  • Avoid sharing credentials;
  • Protect credentials from unauthorized persons;
  • Update passwords if compromise is suspected.

Password Storage

Opti-mized may use technical methods designed to protect passwords stored in its systems.

The particular methods may change as authentication technology evolves.

Multi-Factor Authentication

Where supported, multi-factor authentication may provide an additional layer of protection by requiring more than one form of verification.

Opti-mized may make multi-factor authentication available or require it for certain accounts or administrative functions.

Single Sign-On

Certain customers may use single sign-on or identity providers to access Opti-mized.

Where enabled, authentication may depend in part on the customer's identity provider.

Customers are responsible for maintaining appropriate security of their identity-provider accounts.

Authentication Tokens

Authentication systems may use tokens or similar credentials to maintain authenticated sessions.

These credentials should be protected because unauthorized possession may allow account access.

Session Management

Opti-mized may use session controls to reduce risks associated with inactive or compromised sessions.

Session controls may include:

  • Session expiration;
  • Secure logout;
  • Token expiration;
  • Reauthentication requirements;
  • Session invalidation after password changes.

Login Monitoring

Login activity may be recorded or monitored for:

  • Security;
  • Troubleshooting;
  • Fraud prevention;
  • Audit purposes.

Information may include:

  • Login time;
  • IP address;
  • Device information;
  • Authentication result.

Encryption

Opti-mized may use encryption and other cryptographic controls where appropriate to protect information.

Encryption in Transit

Information transmitted between systems may be protected through secure communication protocols where appropriate.

This may include communications between:

  • Browsers and the Opti-mized platform;
  • Gateways and cloud services;
  • APIs;
  • Internal systems;
  • Service providers.

Encryption at Rest

Certain stored information may be encrypted or otherwise protected at rest, depending on the storage technology and system involved.

Encryption Keys

Encryption keys and cryptographic credentials may be managed through technical processes designed to restrict unauthorized access.

Encryption Is Not Absolute Protection

Encryption can significantly reduce risk, but it does not eliminate every possible security threat.

Information may still be exposed through risks such as:

  • Credential theft;
  • Malware;
  • Misconfiguration;
  • Authorized-user misuse;
  • Endpoint compromise.

Network Security

Opti-mized may use network security measures intended to protect infrastructure from unauthorized access and malicious activity.

These may include:

  • Firewalls;
  • Network segmentation;
  • Traffic filtering;
  • Secure network configurations;
  • Intrusion detection;
  • Security monitoring;
  • Access restrictions;
  • Other controls.

Network Segmentation

Where appropriate, systems may be separated logically or technically to reduce unnecessary access between environments.

External Threat Protection

Opti-mized may use technologies intended to reduce exposure to:

  • Malicious traffic;
  • Automated attacks;
  • Distributed denial-of-service attacks;
  • Unauthorized scanning;
  • Suspicious connections.

Internet-Facing Systems

Systems accessible through the internet may receive additional security monitoring because they are exposed to external traffic.

Cloud Security

Opti-mized uses cloud infrastructure, including services provided by Amazon Web Services.

Cloud security generally operates through a shared-responsibility model.

Depending on the service involved:

  • The cloud provider may be responsible for physical data-center security;
  • The cloud provider may maintain underlying infrastructure;
  • Opti-mized may be responsible for application configuration;
  • Opti-mized may manage access permissions;
  • Customers may be responsible for account credentials and user access.

Cloud Configuration

Opti-mized may configure cloud services with security settings appropriate to the particular workload.

Cloud Access Controls

Administrative access to cloud infrastructure may be restricted to authorized personnel.

Cloud Monitoring

Cloud systems may generate logs and alerts used to identify:

  • Failed access attempts;
  • Configuration changes;
  • Unusual activity;
  • System errors.

Cloud Provider Security

Opti-mized may rely on security controls maintained by AWS or other infrastructure providers for aspects of physical and infrastructure security.

Use of a cloud provider does not eliminate Opti-mized's responsibility for configuring and operating its applications appropriately.

Physical Security

Certain physical security controls are managed by our service providers.

For example, physical access to cloud data centers may be controlled by infrastructure providers.

Opti-mized may also use reasonable physical safeguards for:

  • Company equipment;
  • Office devices;
  • Development hardware;
  • Administrative devices.

Endpoint Security

Computers, laptops, and other devices used by authorized personnel may be protected through controls such as:

  • Passwords;
  • Device encryption;
  • Screen locking;
  • Anti-malware tools;
  • Software updates;
  • Remote management;
  • Other security controls.

Remote Work Security

Authorized personnel may work remotely.

Remote access may use safeguards such as:

  • Secure connections;
  • VPNs;
  • Authentication;
  • Access controls;
  • Managed devices;
  • Security policies.
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15

Your Privacy Rights

In short: Depending on the law that applies to you, you may be able to access, correct, delete or get a copy of your Personal Information, withdraw consent, opt out of certain uses and complain to a regulator. Email info@opti-mized.com. We may verify your identity first.

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Depending on where you live, where you are located, the nature of your relationship with Opti-mized, the type of Personal Information involved, and the privacy or data-protection laws that apply, you may have certain rights concerning your Personal Information.

The specific rights available to you may vary by jurisdiction.

Not every privacy right described in this section applies to every individual, every customer, every category of information, or every processing activity.

Certain rights may apply only where:

  • Opti-mized is subject to a particular privacy law;
  • The information qualifies as Personal Information under that law;
  • The individual satisfies applicable residency or eligibility requirements;
  • The request relates to information processed in a capacity covered by that law;
  • No legal exception applies.

Depending on applicable law, your rights may include the right to:

  • Request access to your Personal Information;
  • Confirm whether Opti-mized processes your Personal Information;
  • Request information about how your Personal Information is used;
  • Request correction of inaccurate or incomplete information;
  • Request deletion of certain Personal Information;
  • Request a portable copy of certain Personal Information;
  • Withdraw consent where processing relies on consent;
  • Object to certain processing where applicable;
  • Request restriction of certain processing where applicable;
  • Opt out of certain targeted advertising;
  • Opt out of certain sale or sharing activities;
  • Opt out of certain profiling activities where applicable;
  • Opt out of marketing communications;
  • Request information about categories of Personal Information disclosed to third parties where applicable;
  • Request information about categories of recipients;
  • Appeal certain decisions concerning privacy requests where applicable;
  • Submit a complaint to an applicable privacy regulator or supervisory authority;
  • Exercise other privacy rights provided under applicable law.

To submit a privacy request, you may contact Opti-mized at:

info@opti-mized.com

We may need to verify your identity, account, residency, or authority before processing certain requests.

Verification requirements are intended to protect Personal Information from being disclosed, deleted, changed, or transferred in response to fraudulent or unauthorized requests.

Certain requests may also be subject to exceptions, limitations, or exemptions permitted by applicable law.

Your Rights Depend on Applicable Law

Privacy rights vary significantly between jurisdictions.

For example, different laws may provide different rights concerning:

  • Access;
  • Correction;
  • Deletion;
  • Portability;
  • Consent;
  • Targeted advertising;
  • Sale;
  • Sharing;
  • Profiling;
  • Automated processing;
  • Complaints;
  • Appeals.

The fact that a particular right is described in this Privacy Policy does not necessarily mean that the right applies to every user.

Opti-mized may choose to provide certain privacy controls more broadly than legally required where operationally practical, but doing so does not necessarily mean that a particular law applies to every individual.

Right to Confirm Processing

Where applicable law provides such a right, you may request confirmation as to whether Opti-mized processes Personal Information relating to you.

Depending on the circumstances, we may provide information confirming:

  • Whether we maintain Personal Information relating to you;
  • The categories of Personal Information involved;
  • General purposes of processing;
  • Other information required by applicable law.

A confirmation request may be subject to identity verification.

Right of Access

You may have the right to request access to certain Personal Information that Opti-mized maintains about you.

Depending on applicable law, an access response may include:

  • Categories of Personal Information collected;
  • Specific Personal Information;
  • Sources of Personal Information;
  • Purposes for collection or processing;
  • Categories of recipients;
  • Categories of third parties;
  • Retention information;
  • Other information required by applicable law.

The format of an access response may depend on:

  • The applicable law;
  • The information involved;
  • Technical feasibility;
  • Security considerations.

Scope of an Access Request

An access request generally relates to Personal Information about the requesting individual.

It does not necessarily provide the requester with unrestricted access to:

  • Another person's Personal Information;
  • Another customer's confidential information;
  • Opti-mized trade secrets;
  • Proprietary algorithms;
  • Internal security information;
  • Privileged communications;
  • Information protected by law.

Where a record contains information about multiple individuals, Opti-mized may redact or limit disclosure where appropriate.

Access to Customer Facility Data

Some Customer Facility and Operational Data may not constitute Personal Information.

For example, information about:

  • Equipment runtime;
  • Electrical measurements;
  • Panels;
  • Circuits;
  • Facility demand

may relate primarily to a customer organization or facility rather than an identifiable individual.

An individual privacy request does not necessarily provide a personal right to access all information belonging to the individual's employer or customer organization.

Access to customer facility records may instead depend on:

  • Account permissions;
  • Customer authorization;
  • Contract terms;
  • Organization-level rights.

Access Requests From Employees of Customers

If you use Opti-mized through your employer or another organization, your privacy rights and your organization's account rights may be different.

For example, an employee may have the right to access Personal Information relating to the employee but may not have authority to obtain or delete the organization's complete Energy and Operational Data.

Where necessary, Opti-mized may coordinate with the relevant customer organization.

Right to Know Categories of Information

Certain laws may give individuals the right to know the categories of Personal Information Opti-mized has collected or processed.

Categories may include:

  • Contact information;
  • Account information;
  • Device information;
  • Website usage information;
  • Marketing information;
  • Communications;
  • Other Personal Information described in this Privacy Policy.

Right to Know Sources

Where required by applicable law, you may have the right to request information concerning the categories of sources from which Personal Information was obtained.

Sources may include:

  • You directly;
  • Your employer or organization;
  • Authorized users;
  • Service providers;
  • Publicly available sources;
  • Website technologies;
  • Other sources described in this Privacy Policy.

Right to Know Purposes

Where applicable, you may request information concerning the purposes for which Personal Information is:

  • Collected;
  • Used;
  • Processed;
  • Disclosed.

These purposes are described throughout this Privacy Policy.

Right to Know Recipients

Certain privacy laws may give you the right to receive information concerning:

  • Categories of service providers;
  • Categories of third parties;
  • Categories of recipients;
  • Other parties receiving Personal Information.

The level of detail required may vary.

Right to Receive Specific Personal Information

Certain laws may provide the right to receive a copy of specific Personal Information maintained by Opti-mized.

The information provided may depend on:

  • Verification;
  • Legal exceptions;
  • Technical feasibility;
  • The sensitivity of the information.

Right to Correction

You may have the right to request correction of inaccurate or incomplete Personal Information.

For example, you may request correction of:

  • Name;
  • Email address;
  • Telephone number;
  • Organization;
  • Job title;
  • Account information;
  • Other Personal Information.

Correcting Account Information

Some information may be corrected directly through available account settings.

Where self-service correction is not available, you may contact Opti-mized.

Correcting Customer Facility Information

Corrections to customer facility information may require customer authorization.

For example, changing:

  • Facility name;
  • Panel mapping;
  • Equipment classification;
  • Operating schedule

may affect the customer's technical records and analytics.

Such changes may therefore be treated as customer configuration requests rather than individual privacy-right requests.

Accuracy of Analytical Data

A request to correct Personal Information is different from disputing an analytical output.

For example, disagreement with:

  • A savings estimate;
  • Equipment classification;
  • Runtime estimate;
  • Energy-loss finding

does not necessarily mean the underlying Personal Information is inaccurate.

Customers may contact Opti-mized to discuss analytical or technical corrections separately.

Supporting Information for Corrections

Where appropriate, Opti-mized may request information reasonably necessary to verify that a requested correction is accurate.

Right to Deletion

Depending on applicable law, you may have the right to request deletion of certain Personal Information.

A deletion request may apply to information such as:

  • User account information;
  • Contact information;
  • Marketing information;
  • Certain website information;
  • Other Personal Information.

Deletion Is Not Always Absolute

The right to deletion is generally subject to exceptions.

Opti-mized may retain information where permitted or required for purposes such as:

  • Providing requested services;
  • Completing transactions;
  • Maintaining security;
  • Preventing fraud;
  • Complying with law;
  • Maintaining accounting records;
  • Maintaining tax records;
  • Resolving disputes;
  • Establishing legal claims;
  • Enforcing agreements;
  • Protecting legal rights;
  • Other legally permitted purposes.

Deletion of User Account Information

If an individual user leaves a customer organization, Opti-mized may delete, disable, or restrict the user's account.

However, records showing:

  • Historical access;
  • Administrative activity;
  • Security events;
  • Configuration changes

may remain where necessary for legitimate purposes.

Deletion of Customer Facility Data

An individual user's deletion request does not necessarily require Opti-mized to delete facility data belonging to the user's organization.

For example, removal of a user account would not necessarily require deletion of:

  • Facility Energy and Operational Data;
  • Historical measurements;
  • Facility Intelligence Data;
  • Reports;
  • Equipment records

that remain necessary for the customer organization.

Customer-Level Deletion Requests

A customer organization may request deletion of Customer Facility and Operational Data where permitted by:

  • Contract;
  • Applicable law;
  • Technical capability.

Such requests may require verification of administrative authority.

Effect of Deletion

Deleting certain information may affect Opti-mized functionality.

For example, deleting historical Energy and Operational Data may affect:

  • Baselines;
  • Historical reports;
  • Trend analysis;
  • Measurement and verification;
  • Equipment comparisons.

Where appropriate, Opti-mized may explain these consequences before completing a request.

Deletion From Backups

Information deleted from active systems may remain temporarily in backups until normal backup cycles expire.

Backup handling is described in Section 13.

Third-Party Copies

Deletion from Opti-mized systems does not necessarily delete information independently retained by:

  • Customer organizations;
  • Consultants;
  • Contractors;
  • Government entities;
  • Payment providers;
  • Other authorized recipients.

Right to Data Portability

Certain privacy laws may provide the right to receive certain Personal Information in a portable and, where required, machine-readable format.

Data portability generally applies to information meeting specific statutory requirements.

Portable Formats

Where required and technically feasible, information may be provided in formats such as:

  • CSV;
  • JSON;
  • PDF;
  • Other commonly usable formats.

The available format may depend on the information and product functionality.

Portability of Facility Data

A Personal Information portability right does not necessarily require Opti-mized to provide all customer facility records to an individual user.

Customer-level exports may instead be governed by:

  • Customer agreements;
  • Account permissions;
  • Product functionality.

Right to Withdraw Consent

Where Opti-mized relies on consent to process Personal Information, you may have the right to withdraw that consent.

Withdrawal may apply to activities such as:

  • Marketing;
  • Certain cookies;
  • Certain optional communications;
  • Other consent-based processing.

Effect of Consent Withdrawal

Withdrawal of consent generally applies prospectively.

It does not necessarily affect the lawfulness of processing that occurred before withdrawal.

Other Legal Bases May Continue

Where consent is withdrawn, Opti-mized may continue processing information if another lawful basis permits or requires processing.

For example, information may still be processed where necessary to:

  • Provide contractual services;
  • Maintain security;
  • Comply with law;
  • Maintain required records.

Consent Withdrawal and Service Functionality

If certain information is necessary to provide a requested service, withdrawing consent for that processing may affect the ability to continue providing the service where consent is the relevant legal basis.

Marketing Consent Withdrawal

Users may withdraw marketing consent through:

  • Unsubscribe links;
  • Communication preferences;
  • Contacting Opti-mized.

Cookie Consent Withdrawal

Cookie preferences may be adjusted through available cookie controls.

Right to Object

Certain privacy laws may provide the right to object to specific processing activities.

This may include processing based on certain legitimate interests or direct marketing.

Objection to Direct Marketing

Where applicable law provides an unconditional right to object to direct marketing, Opti-mized intends to honor valid objections.

Objection to Other Processing

Objections to other forms of processing may require Opti-mized to balance:

  • The individual's rights;
  • Opti-mized's legitimate grounds;
  • Legal obligations;
  • Other factors required by law.

Right to Restrict Processing

Certain privacy laws may allow you to request restriction of processing in specified circumstances.

Restriction may mean that information is retained but not actively used for certain purposes.

Circumstances for Restriction

Depending on applicable law, restriction may be available where:

  • Accuracy is disputed;
  • Processing is challenged;
  • Deletion is opposed;
  • Information is needed for legal claims.

Effect of Restriction

Where a valid restriction applies, Opti-mized may limit processing while retaining the information as required.

Right to Opt Out of Targeted Advertising

Certain U.S. state privacy laws may provide the right to opt out of targeted advertising.

Where applicable, you may exercise this right through:

  • Cookie controls;
  • Privacy preference tools;
  • Browser signals where required;
  • Contacting Opti-mized.

Additional information appears in Sections 9 and 10.

Right to Opt Out of Sale

Opti-mized does not sell Personal Information for money.

However, certain laws may define sale more broadly.

Where applicable law gives users a right to opt out of regulated sale activity, Opti-mized intends to provide an appropriate mechanism.

Right to Opt Out of Sharing

Certain privacy laws may separately provide the right to opt out of sharing for cross-context behavioral advertising.

Where applicable, this right may be exercised through available privacy controls.

Global Privacy Control and Similar Signals

Where applicable law requires recognition of a legally valid browser-based opt-out signal, Opti-mized intends to process that signal as required.

Right to Opt Out of Profiling

Certain privacy laws may give individuals rights concerning profiling when used in connection with decisions that produce legal or similarly significant effects.

Opti-mized's primary analytical systems are designed to analyze:

  • Facilities;
  • Equipment;
  • Energy;
  • Operational patterns

rather than make significant decisions about individuals.

If Opti-mized engages in processing subject to an applicable profiling opt-out right, we intend to provide the required controls.

Automated Decision-Making

Opti-mized may use automated systems to:

  • Analyze facility performance;
  • Classify equipment;
  • Detect energy-loss opportunities;
  • Generate recommendations.

These systems are primarily focused on facility and equipment intelligence.

They are not generally intended to make decisions about individuals that produce legal or similarly significant effects.

Right to Information About Automated Processing

Where applicable law provides rights concerning automated decision-making, additional information may be provided as required.

Right to Opt Out of Marketing

You may opt out of promotional email by using the unsubscribe link included in applicable messages.

You may also contact:

info@opti-mized.com

Marketing Opt-Out Does Not Affect Service Messages

Even if you opt out of marketing, Opti-mized may continue to send:

  • Security notices;
  • Account notices;
  • Billing communications;
  • Support messages;
  • Transactional communications;
  • Operational notifications;
  • Other non-promotional communications.

Right to Lodge a Complaint

Depending on where you live, you may have the right to submit a complaint to an applicable privacy regulator, supervisory authority, data-protection authority, attorney general, consumer protection authority, or other government body.

Contacting Opti-mized First

You are not necessarily required to contact Opti-mized before contacting a regulator where applicable law gives you the right to complain directly.

However, we encourage individuals to contact us if they believe we can resolve a concern.

Regulatory Cooperation

Where required, Opti-mized may cooperate with applicable privacy regulators concerning valid complaints or investigations.

Right to Appeal

Certain U.S. state privacy laws may provide a right to appeal Opti-mized's decision concerning a privacy request.

Where such a right applies, Opti-mized may provide instructions explaining how to submit an appeal.

Appeal Review

Appeals may be reviewed by personnel not directly responsible for the original request where appropriate.

Appeal Response

Opti-mized intends to respond to valid appeals within applicable legal timeframes.

Escalation to Regulator

Certain laws may require us to explain how an individual can contact a regulator if an appeal is denied.

Non-Discrimination

Where applicable law provides such protections, Opti-mized will not unlawfully discriminate against an individual for exercising privacy rights.

For example, we will not unlawfully:

  • Deny services;
  • Charge a different price;
  • Provide a different quality of service

solely because an individual exercised an applicable privacy right.

Legitimate Service Differences

This does not prevent Opti-mized from making changes that are reasonably related to:

  • Information necessary to provide the service;
  • Customer configuration;
  • Product functionality;
  • Contract terms.

How to Submit a Privacy Request

Privacy requests may be submitted by contacting:

info@opti-mized.com

When submitting a request, it may be helpful to include:

  • Your name;
  • Email address;
  • Organization;
  • Nature of the request;
  • Jurisdiction or state of residence where relevant;
  • Sufficient information to identify the relevant account or records.

Please do not include unnecessary sensitive information in your initial request.

Types of Requests You May Submit

A request may concern:

  • Access;
  • Confirmation;
  • Correction;
  • Deletion;
  • Portability;
  • Consent withdrawal;
  • Marketing opt-out;
  • Targeted advertising opt-out;
  • Sale or sharing opt-out;
  • Restriction;
  • Objection;
  • Appeal;
  • Other applicable privacy rights.

Verification of Identity

Before processing certain requests, Opti-mized may need to verify that the person making the request is the individual to whom the Personal Information relates.

Verification protects against:

  • Unauthorized access;
  • Fraudulent deletion;
  • Identity theft;
  • Improper account changes.

Verification Methods

Verification may include:

  • Confirmation through the email address associated with an account;
  • Login verification;
  • Matching information against existing records;
  • Additional verification steps where necessary.

Proportional Verification

Verification requirements may depend on:

  • Type of request;
  • Sensitivity of information;
  • Risk associated with the request.

For example, deleting an account may require stronger verification than updating a marketing preference.

Avoiding Excessive Verification Data

Opti-mized generally seeks to avoid collecting unnecessary Personal Information solely for verification.

Unable to Verify

If we cannot reasonably verify a request, we may be unable to process it.

Where appropriate, we may explain the additional information required.

Verifying Authority

Where a request is made on behalf of an organization, Opti-mized may verify:

  • The individual's identity;
  • The individual's role;
  • Administrative authority;
  • Customer authorization.

Authorized Agents

Certain laws permit individuals to appoint an authorized agent to exercise privacy rights.

Where such rights apply, Opti-mized may require:

  • Proof of authorization;
  • Verification of the individual;
  • Information identifying the agent.

Power of Attorney

Where an authorized agent acts under a legally valid power of attorney, different verification rules may apply depending on law.

Parent or Guardian Requests

Where applicable law permits a parent or guardian to exercise rights on behalf of a minor, Opti-mized may require proof of authority.

Opti-mized services are primarily directed to business and organizational users.

Requests by Customer Administrators

Customer administrators may submit organization-level requests concerning:

  • User accounts;
  • Facility information;
  • Customer data.

These requests are different from individual statutory privacy-right requests.

Customer Instructions Versus Individual Rights

Opti-mized may receive conflicting requests from:

  • An individual user;
  • The user's employer;
  • A customer administrator.

We may evaluate the applicable legal and contractual responsibilities before acting.

Processor or Service Provider Role

In some circumstances, Opti-mized may process Personal Information on behalf of a customer.

Where applicable, the customer may be primarily responsible for responding to the individual's privacy request.

Opti-mized may:

  • Refer the request to the customer;
  • Assist the customer;
  • Process the request under customer instructions.

Controller or Business Role

For information Opti-mized processes for its own business purposes, Opti-mized may respond directly to applicable privacy requests.

Different Roles for Different Information

Opti-mized may act in different legal roles for different categories of information.

For example:

  • Opti-mized may process facility-user account information on behalf of a customer;
  • Opti-mized may independently process marketing information for its own business purposes.

The applicable privacy rights process may therefore differ.

Response Timeframes

Opti-mized intends to respond to valid privacy requests within the timeframe required by applicable law.

The applicable deadline varies by jurisdiction.

Extensions

Certain laws allow response deadlines to be extended where:

  • Requests are complex;
  • A large number of requests are received;
  • Additional time is reasonably necessary.

Where required, Opti-mized may notify the requester of the extension.

Acknowledgment of Requests

Opti-mized may acknowledge receipt of a privacy request before providing a complete response.

Requests Requiring Clarification

If a request is unclear, Opti-mized may ask the requester to clarify:

  • The right being exercised;
  • The information involved;
  • The relevant account.

Narrowing Requests

Where appropriate, Opti-mized may ask whether a broad request can be narrowed to assist with efficient processing.

Individuals are not necessarily required to narrow a valid request where the law does not require them to do so.

Fees

Opti-mized generally does not charge a fee to exercise privacy rights where applicable law prohibits such fees.

Certain laws may allow a reasonable fee for:

  • Excessive requests;
  • Repetitive requests;
  • Manifestly unfounded requests.

Where legally permitted, Opti-mized may charge or decline such requests.

Repetitive Requests

Applicable law may allow Opti-mized to limit repetitive requests made within a specified period.

Manifestly Unfounded Requests

Requests that are clearly abusive, fraudulent, or manifestly unfounded may be denied where permitted by law.

Denying a Request

Opti-mized may deny or limit a privacy request where permitted by applicable law.

Potential reasons may include:

  • We cannot verify identity;
  • An exception applies;
  • The request affects another individual's rights;
  • The information is legally privileged;
  • Retention is required by law;
  • The request relates to information outside the scope of the applicable law;
  • The request is manifestly unfounded or excessive;
  • Another permitted exception applies.

Notice of Denial

Where required, Opti-mized may explain:

  • That a request was denied;
  • The reason for denial;
  • Appeal rights;
  • Regulatory complaint options.

Exceptions to Access

Access may be limited where disclosure would:

  • Reveal another person's Personal Information;
  • Reveal confidential commercial information;
  • Reveal trade secrets;
  • Compromise security;
  • Violate law;
  • Violate legal privilege.

Exceptions to Deletion

Deletion may be denied where retention is necessary to:

  • Complete a transaction;
  • Provide the requested service;
  • Detect security incidents;
  • Protect against fraud;
  • Exercise legal rights;
  • Comply with law;
  • Maintain internal records;
  • Other permitted purposes.

Exceptions to Portability

Portability may be limited where information:

  • Was not provided by the individual;
  • Is technically incompatible;
  • Would reveal other individuals' information;
  • Is excluded by applicable law.

Requests and Legal Holds

Information subject to a legal hold may not be deleted until the hold is released.

Requests and Security Records

Certain security records may be retained even after a deletion request where necessary for:

  • Fraud prevention;
  • Security;
  • Legal claims.

Requests and Financial Records

Financial and transaction information may remain where necessary for:

  • Tax;
  • Accounting;
  • Audit.

Requests and Contract Records

Contracts may be retained after account deletion where necessary for:

  • Legal rights;
  • Compliance;
  • Dispute resolution.

Requests and Marketing Suppression Lists

If you unsubscribe from marketing, Opti-mized may retain limited information such as your email address on a suppression list.

This is done to preserve your opt-out.

Requests and Aggregated Information

Privacy rights generally apply to Personal Information.

Information that has been appropriately aggregated so that it no longer identifies an individual may fall outside the scope of certain privacy rights.

Requests and De-Identified Information

If information has been properly de-identified and Opti-mized can no longer reasonably associate it with an individual, certain privacy rights may no longer apply.

Re-Identification Not Required

Where applicable law does not require re-identification, Opti-mized does not necessarily have to re-identify de-identified information solely to respond to a privacy request.

Requests and Anonymous Information

Anonymous information that cannot reasonably identify an individual is generally outside the scope of Personal Information rights under many privacy laws.

Requests and Customer Downloads

Opti-mized cannot necessarily delete copies of information already downloaded by:

  • Customers;
  • Authorized users;
  • Third parties.

Requests and Emails

Copies of communications may remain in:

  • Customer inboxes;
  • Recipient systems;
  • Archival systems.

Requests and Public Records

Information lawfully included in public records may be subject to different rules concerning deletion or access.

Requests and Government Records

Information provided to government customers or agencies may be retained according to:

  • Public-records laws;
  • Government retention schedules;
  • Procurement requirements.

Requests and Service Providers

Where a valid request requires action by service providers, Opti-mized may instruct relevant providers to take appropriate action where required.

Provider Exceptions

A service provider may independently retain certain information where legally required.

Data Portability Security

Portable copies of Personal Information may contain sensitive information.

Opti-mized may use secure delivery methods where appropriate.

Secure Access Responses

Access responses may be delivered through:

  • Secure account access;
  • Secure download;
  • Email where appropriate;
  • Other reasonable methods.

Identity Risk in Email Delivery

Opti-mized may avoid emailing highly sensitive information in an unsecured manner.

Right to Obtain Information About Retention

Certain laws may require information concerning:

  • Retention periods;
  • Criteria used to determine retention.

Our general retention practices are described in Section 13.

Right to Information About International Transfers

Certain privacy laws may give individuals rights to information concerning international processing or transfer safeguards.

Data-storage and international-processing practices are described in Section 12.

Right to Information About Security

Individuals may have rights to receive certain information concerning safeguards.

Section 14 describes our general security practices.

Opti-mized may limit disclosure of detailed security information where disclosure could create a cybersecurity risk.

Right to Withdraw Cookie Consent

Where non-essential cookies are based on consent, users may withdraw consent through available cookie controls.

Right to Advertising Opt-Out

Applicable targeted advertising or sale/sharing rights are described in Section 10.

Right to Marketing Unsubscribe

Marketing rights are described in Section 11.

California and Other U.S. State Rights

Certain U.S. state privacy laws may provide residents with rights concerning:

  • Access;
  • Correction;
  • Deletion;
  • Portability;
  • Sale;
  • Sharing;
  • Targeted advertising;
  • Profiling;
  • Sensitive data;
  • Appeals.

The exact rights and definitions vary by state.

Opti-mized will apply the rights that are legally required based on the circumstances.

Canadian Privacy Rights

Depending on the applicable Canadian privacy law, individuals may have rights such as:

  • Access;
  • Correction;
  • Withdrawal of consent;
  • Complaint rights;
  • Other rights.

The exact scope depends on the relevant federal or provincial law and circumstances.

European Privacy Rights

Where European data-protection law applies, individuals may have additional rights relating to:

  • Access;
  • Rectification;
  • Erasure;
  • Restriction;
  • Portability;
  • Objection;
  • Consent withdrawal;
  • Automated decision-making;
  • Complaints.

These rights are subject to applicable legal conditions and exceptions.

United Kingdom Privacy Rights

Where UK privacy law applies, similar rights may be available subject to applicable requirements.

Other Jurisdictions

Users in other jurisdictions may have additional or different privacy rights.

Opti-mized intends to respond to applicable rights in accordance with the laws that apply to the relevant processing activity.

Residency Information

We may ask you to identify your:

  • Country;
  • Province;
  • State;
  • Other jurisdiction

where necessary to determine applicable privacy rights.

Residency Verification

In certain circumstances, Opti-mized may request reasonable information to verify residency where a right depends on residency.

No Requirement to Provide Excessive Documents

Where possible, Opti-mized will seek to verify eligibility without requesting unnecessary sensitive documents.

Business-to-Business Exemptions

Certain privacy laws provide exemptions or different treatment for Personal Information used in a business-to-business context.

Because Opti-mized primarily serves organizations, some user information may fall within such provisions.

The availability of an exemption depends on applicable law.

Employee Information

Certain privacy laws may treat employee information differently from consumer information.

Where relevant, different rights may apply.

Publicly Available Information

Certain laws exclude defined categories of publicly available information from some privacy requirements.

Where applicable, those exclusions may affect the scope of a request.

Professional Information

Business contact information may be subject to different legal treatment depending on jurisdiction.

Personal Information Versus Confidential Business Data

Privacy rights generally apply to Personal Information.

They do not necessarily provide individuals with rights over all confidential business or facility information held by their organization.

Facility Information That Identifies an Individual

Certain facility information may become Personal Information if it is reasonably associated with an identifiable individual.

Where this occurs, applicable privacy rights may apply.

Facility Information That Does Not Identify an Individual

Technical facility information that does not reasonably identify an individual may not be subject to individual privacy rights.

Individual Rights Do Not Override Customer Ownership

An individual's privacy rights do not automatically override legitimate customer rights in organizational data.

Customer Rights Do Not Eliminate Individual Privacy Rights

Likewise, a customer organization's contractual rights do not necessarily eliminate an individual's statutory privacy rights in Personal Information.

Opti-mized may need to balance both sets of obligations.

Conflicting Requests

Where an individual and a customer organization provide conflicting instructions, Opti-mized may evaluate:

  • Applicable privacy law;
  • Contract terms;
  • Data ownership;
  • Confidentiality;
  • Security;
  • Other relevant factors.

Requests Concerning Former Employers

If an individual leaves an organization, the former employer may continue to control facility data associated with the organization.

The individual's Personal Information may be handled separately.

Requests Concerning Shared Facilities

Where multiple organizations share a facility, privacy requests may require careful separation of:

  • Individual information;
  • Customer information;
  • Third-party information.

Record of Requests

Opti-mized may maintain records documenting privacy requests.

These records may include:

  • Request type;
  • Date received;
  • Verification status;
  • Response;
  • Completion date;
  • Appeal status.

Why We Retain Request Records

Request records may be retained to:

  • Demonstrate compliance;
  • Prevent duplicate processing;
  • Honor opt-out preferences;
  • Respond to regulators;
  • Protect against fraud.

Privacy Request Records Are Also Personal Information

Records of privacy requests may themselves contain Personal Information and will be handled in accordance with this Privacy Policy.

Privacy Requests and Identity Theft

Opti-mized may take additional precautions if:

  • A request appears suspicious;
  • Multiple requests conflict;
  • Account takeover is suspected.

Fraudulent Requests

Opti-mized may refuse requests that appear fraudulent where permitted by law.

Compromised Email Accounts

If a request is sent from an email account believed to be compromised, additional verification may be required.

Organization Verification

Requests concerning organization-level customer data may require verification through an authorized administrator.

Delegated Administrators

Customers should maintain accurate administrator information to support secure request handling.

Account Transfer Requests

Requests to transfer control of an account may require stronger verification than ordinary privacy requests.

Requests for Reports

A request for a customer report may be handled through account permissions rather than privacy law.

Requests for Raw Energy Data

Requests for raw Energy and Operational Data may be governed by:

  • Customer contracts;
  • Export functionality;
  • Customer permissions

rather than individual privacy rights.

Requests for Facility Intelligence Data

Facility Intelligence Data may contain Opti-mized analytical methods, customer information, and derived outputs.

Access rights may depend on:

  • Customer agreements;
  • User permissions;
  • Applicable privacy law.

Intellectual Property

Privacy rights do not necessarily require Opti-mized to disclose:

  • Source code;
  • Algorithms;
  • Trade secrets;
  • Proprietary formulas;
  • Security architecture.

Where necessary, access responses may provide Personal Information without disclosing protected intellectual property.

Security Limitations on Access

Opti-mized may redact information that would expose:

  • Authentication credentials;
  • Security keys;
  • Other high-risk security information.

Legal Privilege

Information protected by attorney-client privilege or other legal privilege may be excluded from an access request where permitted.

Confidentiality of Others

Opti-mized may redact information concerning other individuals.

Trade Secrets

Certain laws permit trade secrets to be protected when responding to privacy requests.

Research Data

Privacy rights concerning research data may be subject to particular legal exceptions.

De-Identified Research

Where research information is properly de-identified, it may not be subject to individual requests.

Historical Records

Long-term historical records may be subject to access or deletion rights where they remain Personal Information.

Backups

Privacy rights may apply differently to inactive backups depending on applicable law and technical feasibility.

Restored Backups

If deleted Personal Information is restored from backup, Opti-mized may take reasonable steps to reapply deletion where appropriate.

Right to Correct Historical Records

Corrections may not always require alteration of historical audit records.

Instead, Opti-mized may preserve the original record while adding a correction.

Audit Integrity

Certain historical records may be retained unchanged where alteration would undermine security, accounting, or audit integrity.

Right to Explain a Request

You may provide context concerning why you believe information is inaccurate or why a particular right applies.

No Requirement to Explain in Every Case

Where applicable law gives an unconditional right, you may not be required to provide a reason.

Request Scope

A request should generally identify:

  • The person;
  • The right;
  • The relevant account or information where known.

Multiple Rights in One Request

You may exercise more than one right in a single request where applicable.

For example, you may request:

  • Access;
  • Correction;
  • Marketing opt-out

in the same communication.

Separate Processing

Opti-mized may process different parts of the request separately if they require different verification or legal analysis.

Request Status

Users may contact Opti-mized for an update concerning a submitted privacy request.

Response Delivery

Responses may be delivered using the email address or other secure communication method associated with the request.

Language

Privacy requests may be processed in the languages reasonably supported by Opti-mized, subject to legal requirements.

Accessibility

Where required and reasonably practicable, Opti-mized may provide privacy information or request mechanisms in accessible formats.

Privacy Contact

Privacy requests, questions, complaints, or concerns may be directed to:

info@opti-mized.com

Complaints to Opti-mized

If you believe Opti-mized has handled your Personal Information improperly, you may contact us with details concerning:

  • The information involved;
  • The concern;
  • Relevant dates;
  • Requested resolution.

We may investigate the concern and respond as appropriate.

Internal Review of Complaints

Privacy complaints may be reviewed by appropriate personnel.

The review may consider:

  • Applicable law;
  • Customer agreements;
  • System records;
  • Service-provider information;
  • Other relevant evidence.

Corrective Action

Where a privacy issue is identified, Opti-mized may take steps such as:

  • Correcting information;
  • Deleting information;
  • Restricting processing;
  • Updating procedures;
  • Improving safeguards;
  • Providing additional training.

Regulator Complaints

You may have the right to complain to an applicable regulator regardless of whether you first contact Opti-mized.

Cooperation With Authorities

Opti-mized may cooperate with lawful regulatory investigations.

No Retaliation for Complaints

Opti-mized will not unlawfully retaliate against an individual for making a good-faith privacy complaint or exercising applicable rights.

Privacy Rights May Change

Privacy laws continue to evolve.

New jurisdictions may introduce rights concerning:

  • AI;
  • Profiling;
  • Targeted advertising;
  • Sensitive information;
  • Automated decision-making;
  • Data portability;
  • Universal opt-out signals.

Opti-mized may update this section as laws change.

Changes in Product Features

New Opti-mized products may create new privacy rights considerations.

Where material, this Privacy Policy may be updated.

Region-Specific Notices

Opti-mized may provide supplemental privacy notices for particular:

  • Countries;
  • States;
  • Provinces;
  • Customer types.

Those notices may provide additional rights or disclosures.

Supplemental Notices

A supplemental notice should be read together with this Privacy Policy.

Conflicts With Applicable Law

Nothing in this Privacy Policy is intended to limit rights that cannot legally be waived.

If this Privacy Policy provides less protection than applicable mandatory law, the applicable law controls to the extent required.

Contractual Rights

Customer agreements may also provide contractual rights concerning:

  • Data access;
  • Export;
  • Deletion;
  • Security;
  • Retention.

These rights may exist in addition to statutory privacy rights.

Privacy Rights Versus Contractual Data Rights

A privacy right generally relates to Personal Information.

A contractual data-export right may apply more broadly to:

  • Facility Data;
  • Energy and Operational Data;
  • Reports.

The two should not be confused.

Privacy Requests Do Not Necessarily Terminate Services

Exercising a privacy right does not automatically close your account unless:

  • You request account deletion;
  • The right cannot be accommodated while continuing the service;
  • Another applicable reason exists.

Account Closure Requests

If you wish to close an account, you should clearly indicate that request.

Effect of Account Closure

Account closure may result in:

  • Loss of access;
  • Termination of notifications;
  • Inability to view historical reports.

Customer Administrator Approval

For organization-level account closure, Opti-mized may require authorization from an appropriate customer administrator.

Rights After Account Closure

Certain privacy rights may continue after account closure while Opti-mized retains Personal Information.

Historical Records After Closure

Information retained for legal or business purposes may remain subject to applicable privacy safeguards.

Marketing Rights After Account Closure

Closing an account does not necessarily remove a person from a marketing list unless:

  • The individual also unsubscribes;
  • Opti-mized otherwise removes the contact.

Marketing preferences may be handled separately.

Suppression Lists After Closure

A suppression record may remain specifically to prevent future marketing.

Contacting Us About Multiple Issues

You may use the same privacy contact for questions concerning:

  • Access;
  • Correction;
  • Deletion;
  • Advertising;
  • Cookies;
  • Marketing;
  • Security;
  • Data retention;
  • Data location.

Response Limitations

Opti-mized may not always be able to provide detailed technical or security information where disclosure would create cybersecurity risk.

Reasonable Assistance

Where required by law, Opti-mized may provide reasonable assistance to help users exercise their rights.

Customer Assistance

Where Opti-mized acts as a processor or service provider for a customer, we may assist the customer with:

  • Access;
  • Correction;
  • Deletion;
  • Other requests

where required by contract or law.

Request Automation

Opti-mized may use automated tools to help:

  • Locate records;
  • Record requests;
  • Track deadlines;
  • Apply preferences.

Final decisions may involve human review where appropriate.

Human Review of Complex Requests

Complex privacy requests may require review by:

  • Privacy;
  • Legal;
  • Security;
  • Technical;
  • Customer-support personnel.

Request Prioritization

Requests involving suspected fraud or security concerns may require immediate verification before substantive processing.

Privacy Rights and Identity of Facility Users

Opti-mized does not generally use Energy and Operational Data for the purpose of identifying the personal activities of individual occupants.

Accordingly, electrical measurements may not be reasonably linkable to a particular individual in many circumstances.

No Right to Another Person's Account

A privacy request does not authorize access to another user's account.

Shared Email Addresses

If multiple individuals use a shared business email address, verification may require additional steps.

Generic Business Emails

Addresses such as:

may not identify a single individual.

Privacy rights may apply only to information that reasonably relates to an identifiable person.

Personal Information Threshold

The determination of whether information constitutes Personal Information depends on applicable law and context.

Privacy Rights and Public Websites

Website visitors may have rights concerning:

  • Cookies;
  • Analytics identifiers;
  • Contact forms;
  • Marketing information.

Privacy Rights and Authenticated Platform

Platform users may have additional rights relating to:

  • Account information;
  • User profile information;
  • Activity logs.

Privacy Rights and Hardware Data

Most hardware-generated facility data may relate primarily to equipment and facilities rather than individual users.

Privacy Rights and Support Records

Support communications may contain Personal Information and may therefore be subject to applicable rights.

Privacy Rights and Payment Data

Payment providers may independently respond to privacy requests concerning information they control.

Opti-mized may only have limited payment records.

Privacy Rights and Advertising Providers

Google, Meta, LinkedIn, and other advertising platforms may independently maintain Personal Information.

Users may need to submit separate requests directly to those providers.

Requests to Third Parties

A privacy request submitted to Opti-mized does not automatically exercise rights with every independent third party.

Provider Privacy Controls

Users may separately use privacy tools made available by:

  • Browsers;
  • Advertising providers;
  • Social media platforms;
  • Payment providers.

Right to Appeal Provider Decisions

Rights concerning independent third-party providers are governed by their own legal obligations.

Contact Details

For clarity, privacy requests and questions may be submitted to:

Opti-mized Solutions Inc.

Email: info@opti-mized.com

Summary of Your Privacy Rights

Depending on applicable law, you may have the right to:

  • Confirm whether Opti-mized processes Personal Information about you;
  • Access Personal Information about you;
  • Obtain information concerning our processing;
  • Correct inaccurate Personal Information;
  • Request deletion of Personal Information;
  • Request a portable copy of certain Personal Information;
  • Withdraw consent where processing relies on consent;
  • Object to certain processing;
  • Request restriction of certain processing;
  • Opt out of targeted advertising where applicable;
  • Opt out of regulated sale or sharing where applicable;
  • Opt out of certain profiling where applicable;
  • Unsubscribe from marketing communications;
  • Appeal certain privacy-request decisions where applicable;
  • Submit a complaint to an applicable regulator;
  • Exercise other rights provided by applicable privacy law.

To exercise an applicable right, contact:

info@opti-mized.com

Opti-mized may verify your identity, residency, authority, or account relationship before completing certain requests.

We may also ask for clarification where necessary to locate the appropriate records or understand the request.

Some requests may be denied or limited where permitted or required by law, including where information must be retained for security, legal, tax, accounting, contractual, fraud-prevention, or other legitimate purposes.

Where Opti-mized processes Personal Information on behalf of a customer organization, we may coordinate with or refer the request to that customer where appropriate.

Our objective is to provide individuals with reasonable and legally required control over their Personal Information while also protecting the confidentiality and security of customer information, the rights of other individuals, Opti-mized's legal obligations, and the integrity of the services we provide.

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16

Canadian Privacy Rights

In short: In Canada, depending on which federal or provincial law applies, you may be able to access and correct your Personal Information, withdraw consent, challenge our compliance and complain to the right privacy regulator.

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For individuals in Canada, Opti-mized seeks to collect, use, disclose, retain, protect, and otherwise process Personal Information in accordance with the federal and provincial privacy requirements that apply to the particular circumstances.

Canada's private-sector privacy framework can involve both federal and provincial legislation.

The federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) establishes privacy requirements that apply to many private-sector commercial activities in Canada. British Columbia, Alberta, and Québec also have generally applicable private-sector privacy legislation that has been recognized as substantially similar to PIPEDA. Depending on the organization, location, activity, information involved, and whether information crosses provincial or international borders, federal law, provincial law, or more than one privacy law may apply.

This section is intended to provide a general description of privacy rights that may be available to individuals in Canada.

It is not intended to provide an exhaustive statement of every Canadian federal, provincial, territorial, sector-specific, employment, health-information, public-sector, or other privacy requirement.

The precise rights available to an individual depend on factors such as:

  • The province or territory in which the individual is located;
  • The province or territory in which Opti-mized conducts the relevant activity;
  • The nature of Opti-mized's relationship with the individual;
  • Whether Opti-mized is processing information for its own purposes or on behalf of a customer;
  • Whether the information qualifies as Personal Information under the applicable law;
  • Whether a substantially similar provincial privacy law applies;
  • Whether the information is involved in an interprovincial or international commercial transaction;
  • Whether another sector-specific privacy law applies;
  • Whether an exception or exemption applies.

Subject to applicable law, Canadian individuals may have rights to:

  • Request information about Personal Information held about them;
  • Request access to their Personal Information;
  • Request information concerning how their Personal Information has been used;
  • Request information concerning how their Personal Information has been disclosed;
  • Request correction of inaccurate or incomplete Personal Information;
  • Challenge the accuracy or completeness of Personal Information;
  • Withdraw consent where consent is the applicable basis for processing and withdrawal is legally available;
  • Request deletion, destruction, or other disposition of certain Personal Information where required or permitted by applicable law;
  • Exercise applicable portability rights;
  • Ask questions concerning Opti-mized's privacy practices;
  • Challenge Opti-mized's compliance with applicable privacy obligations;
  • Submit a complaint to an applicable privacy regulator;
  • Exercise other rights provided by applicable Canadian privacy law.

Questions, concerns, or requests concerning Canadian privacy rights may be submitted to:

info@opti-mized.com

Canadian Privacy Laws May Apply Differently

Not every Canadian customer, user, or business interaction is governed by exactly the same privacy statute.

PIPEDA generally applies to commercial activities subject to federal private-sector privacy jurisdiction. British Columbia, Alberta, and Québec have their own private-sector laws that may apply instead of PIPEDA to certain activities occurring within those provinces. PIPEDA may nevertheless continue to apply in circumstances such as federally regulated activities and interprovincial or international commercial transactions involving Personal Information.

Accordingly, this Privacy Policy uses phrases such as:

  • “where applicable”;
  • “subject to applicable law”;
  • “where required by law”;
  • “where legally available”

because the exact legal rights and obligations may vary.

Personal Information Under Canadian Privacy Law

Canadian privacy laws generally protect information about an identifiable individual.

Whether particular information constitutes Personal Information depends on:

  • The nature of the information;
  • Whether it identifies an individual directly;
  • Whether it can reasonably be linked with other information to identify an individual;
  • The context in which the information is used;
  • The applicable statute.

For Opti-mized, Personal Information may include information such as:

  • Name;
  • Business email address where associated with an identifiable individual;
  • Telephone number;
  • User account information;
  • Login information;
  • IP address where legally considered Personal Information;
  • Communications;
  • Marketing preferences;
  • Personal information contained in uploaded documents;
  • Personal information appearing in photographs;
  • Other information relating to an identifiable individual.

Facility Data Is Not Necessarily Personal Information

Much of the information processed through Opti-mized relates primarily to:

  • Buildings;
  • Electrical systems;
  • Equipment;
  • Electrical panels;
  • MCCs;
  • Switchgear;
  • Circuits;
  • Sensors;
  • Gateways;
  • Energy consumption;
  • Runtime;
  • Cycling;
  • Demand;
  • Equipment behaviour;
  • Utility usage;
  • Facility performance.

Such information does not necessarily constitute Personal Information merely because it relates to a customer facility.

For example, a measurement showing that a rooftop unit operated for six hours generally describes equipment behaviour rather than an identifiable individual.

However, facility or operational information may constitute Personal Information in some circumstances if it can reasonably be associated with an identifiable person.

Where Customer Facility and Operational Data contains Personal Information, Opti-mized will treat the Personal Information component according to applicable privacy requirements.

Confidential Facility Information

Even where Facility Data does not legally constitute Personal Information, Opti-mized may continue to treat customer-specific facility information as confidential or commercially sensitive.

Privacy-law classification does not determine every obligation concerning:

  • Confidentiality;
  • Contractual protection;
  • Security;
  • Customer ownership;
  • Commercial sensitivity.

Right to Know Whether We Hold Personal Information

Subject to applicable law, individuals may be entitled to ask whether Opti-mized holds or processes Personal Information relating to them.

Depending on the applicable law and circumstances, Opti-mized may provide confirmation concerning:

  • Whether relevant Personal Information exists;
  • The categories of Personal Information involved;
  • The purposes for which it is used;
  • Other information required by law.

Right of Access

Canadian privacy laws may provide individuals with the right to request access to Personal Information that an organization holds about them.

Under PIPEDA, individuals generally have a right to request access to their Personal Information and to receive information concerning its existence, use, and disclosure, subject to applicable exceptions.

An access request may include a request for:

  • Personal Information contained in an account;
  • Contact information;
  • Communications;
  • Support records;
  • Marketing information;
  • Website-related Personal Information;
  • Other Personal Information maintained by Opti-mized.

Information Concerning Use

Where required by applicable law, an individual may ask how Opti-mized has used Personal Information relating to that individual.

Depending on the circumstances, we may provide general information concerning purposes such as:

  • Account administration;
  • Customer support;
  • Security;
  • Marketing;
  • Transaction processing;
  • Website operation;
  • Other purposes described in this Privacy Policy.

Information Concerning Disclosure

Where applicable law provides such a right, individuals may request information concerning disclosure of their Personal Information.

This may include information about:

  • Categories of recipients;
  • Service providers;
  • Other disclosures required by applicable law.

The level of detail available may depend on:

  • The applicable statute;
  • Available records;
  • Legal exceptions;
  • The nature of the disclosure.

Access Is Generally Limited to Your Own Personal Information

A Canadian privacy access right generally concerns Personal Information about the requesting individual.

It does not necessarily entitle an individual to obtain:

  • Another person's Personal Information;
  • All data belonging to the individual's employer;
  • Customer confidential information unrelated to the requester;
  • Proprietary Opti-mized information;
  • Trade secrets;
  • Security credentials;
  • Privileged legal information.

Where a record includes Personal Information relating to more than one person, Opti-mized may redact information concerning other individuals where required or permitted.

Access to Organizational Facility Information

An employee or user of a customer organization does not automatically gain an individual privacy-law right to all Facility Data belonging to that customer.

For example, an individual user may have a right to access their:

  • Name;
  • Account details;
  • Communications;
  • User activity information

without having an individual statutory right to receive:

  • The customer's complete electrical dataset;
  • Historical Energy and Operational Data;
  • Every facility report;
  • Customer financial information;
  • Equipment records for the entire organization.

Customer-level access to these records may instead be governed by:

  • Customer administrator permissions;
  • Customer agreements;
  • Account configuration;
  • Product functionality.

Customer Administrator Requests

An authorized customer administrator may be able to request broader organizational information under the customer's contractual rights.

This is different from an individual's statutory privacy access right.

Access Requests Under PIPEDA

Where PIPEDA applies, individuals generally have a right to access Personal Information held by an organization and challenge its accuracy or completeness. PIPEDA access rights are subject to specific statutory exceptions and procedural requirements.

Assistance With Access Requests

Where required by applicable law, Opti-mized may provide reasonable assistance to individuals attempting to make an access request.

If a request is unclear, we may ask the individual to clarify:

  • The information requested;
  • The account involved;
  • The approximate period;
  • Other information reasonably necessary to locate relevant records.

Identity Verification for Access

Before providing access to Personal Information, Opti-mized may take reasonable steps to verify the identity of the requester.

This helps reduce the risk that an unauthorized person could obtain another individual's Personal Information.

Verification methods may include:

  • Verification through an account;
  • Verification through an email address;
  • Matching information with existing records;
  • Other reasonable measures.

We generally seek to avoid collecting unnecessary additional Personal Information solely for verification.

Right to Correction

Subject to applicable law, individuals may request correction of Personal Information that is inaccurate or incomplete.

PIPEDA expressly recognizes an individual's ability to challenge the accuracy and completeness of Personal Information and have information amended as appropriate.

British Columbia and Alberta private-sector privacy laws also provide mechanisms for requesting access to and correction of Personal Information.

Examples of Correctable Information

A correction request might concern:

  • Incorrect name;
  • Incorrect business email address;
  • Incorrect telephone number;
  • Incorrect job title;
  • Incorrect organization association;
  • Inaccurate user account information;
  • Other factual Personal Information.

Corrections May Be Made Through the Platform

Where functionality allows, users may be able to update certain information directly through the Opti-mized platform.

Other corrections may require contacting Opti-mized.

Supporting a Correction Request

Where appropriate, we may ask for information reasonably necessary to confirm the requested correction.

For example, a person seeking to change the organization associated with an account may be asked to confirm their relationship with the new organization.

Disputed Corrections

Where applicable law requires and Opti-mized and the individual disagree about whether information should be corrected, we may retain a record of the challenge or take other steps required by applicable law.

Correction of Information Previously Disclosed

Certain Canadian privacy laws may require or permit appropriate steps when inaccurate Personal Information has previously been disclosed.

Depending on the circumstances, Opti-mized may notify relevant recipients of a correction where legally required or appropriate.

PIPEDA guidance recognizes that, where appropriate, corrected information may need to be communicated to parties that previously received the inaccurate information.

Analytical Outputs Are Different From Personal Information Corrections

A statutory right to correct Personal Information does not necessarily mean an individual can require Opti-mized to alter a technical or analytical conclusion merely because the individual disagrees with it.

For example, a disagreement concerning:

  • A facility savings estimate;
  • An equipment classification;
  • A runtime estimate;
  • An Energy Loss finding;
  • A predicted maintenance indicator

may need to be handled as a technical or customer-support matter rather than as correction of Personal Information.

Customer Configuration Corrections

Similarly, changes to:

  • Panel mappings;
  • Equipment names;
  • Circuit assignments;
  • Operating schedules;
  • Facility configuration

may require authorization from the applicable customer organization.

Consent Under Canadian Privacy Law

Consent is an important component of Canadian private-sector privacy law.

Depending on the applicable circumstances, Opti-mized may rely on:

  • Express consent;
  • Implied consent;
  • Contractual authority;
  • Statutory exceptions;
  • Other lawful authority recognized by applicable law.

Consent requirements may depend on:

  • Sensitivity of the information;
  • Reasonable expectations;
  • Purpose;
  • Relationship;
  • Applicable legislation.

Meaningful Consent

Where consent is required, Opti-mized seeks to provide information reasonably sufficient for individuals to understand the relevant purposes of processing.

Information may be provided through:

  • This Privacy Policy;
  • Account interfaces;
  • Forms;
  • Cookie notices;
  • Marketing opt-in mechanisms;
  • Customer agreements;
  • Other notices.

Consent Is Not Necessarily Required for Every Processing Activity

Canadian privacy laws may permit or require certain processing without consent in specified circumstances.

For example, exceptions may exist for:

  • Legal requirements;
  • Investigations;
  • Fraud prevention;
  • Certain business activities;
  • Other circumstances established by law.

The applicable exception depends on the relevant statute.

Withdrawal of Consent

Subject to legal and contractual restrictions, individuals may be able to withdraw consent to the collection, use, or disclosure of Personal Information.

Withdrawal generally applies prospectively.

It does not necessarily require Opti-mized to treat prior lawful processing as invalid.

Reasonable Notice of Withdrawal

Where applicable, Opti-mized may require reasonable notice before a withdrawal of consent takes effect.

The appropriate period may depend on:

  • The processing involved;
  • Technical systems;
  • Customer relationship;
  • Service obligations.

Consequences of Withdrawing Consent

Withdrawal of consent may affect Opti-mized's ability to provide certain products, services, or functionality.

For example, if Personal Information is reasonably necessary to:

  • Maintain a user account;
  • Authenticate a user;
  • Deliver requested reports;
  • Provide support;
  • Communicate account information

and the individual withdraws consent to necessary processing where consent is the applicable authority, Opti-mized may no longer be able to provide the related service.

We May Explain Consequences Before Withdrawal

Where appropriate, Opti-mized may explain reasonably foreseeable consequences of withdrawing consent before completing the request.

Withdrawal of Marketing Consent

Individuals may withdraw consent to applicable promotional communications.

Marketing email recipients may generally unsubscribe using the link provided in an email.

Additional information appears in Section 11.

Withdrawal of Cookie Consent

Where non-essential cookies rely on consent, users may be able to change their preferences using available cookie controls.

Additional information appears in Section 9.

Withdrawal Does Not Necessarily Apply to Required Communications

Individuals who withdraw marketing consent may still receive communications necessary to:

  • Maintain an account;
  • Provide security notices;
  • Process transactions;
  • Provide requested services;
  • Fulfill contractual obligations.

Withdrawal Does Not Necessarily Require Immediate Deletion

Consent withdrawal and deletion are distinct concepts.

Opti-mized may retain Personal Information where:

  • Retention is legally required;
  • Retention is contractually required;
  • Information is necessary for a legal claim;
  • Information is needed for security;
  • Another lawful basis permits continued retention.

Deletion and Destruction Rights

Canadian privacy laws do not necessarily provide the same broad deletion right in every jurisdiction or every circumstance.

Subject to applicable law, an individual may request that Opti-mized delete, destroy, remove, or otherwise dispose of Personal Information in circumstances where such a right applies.

Opti-mized may also agree to deletion in circumstances where deletion is not expressly required by statute.

Reasons Information May Be Retained

A deletion or destruction request may be limited where information remains necessary to:

  • Comply with law;
  • Maintain tax records;
  • Maintain accounting records;
  • Maintain contract records;
  • Resolve disputes;
  • Protect security;
  • Prevent fraud;
  • Exercise legal rights;
  • Defend legal claims;
  • Fulfill customer obligations;
  • Maintain required audit records.

Customer Facility Data and Individual Deletion Requests

An individual's deletion request generally does not require deletion of non-personal Facility Data belonging to a customer organization.

For example, deleting an employee's user profile does not necessarily require deleting:

  • Historical electrical measurements;
  • Equipment records;
  • Facility reports;
  • Circuit mappings;
  • Other customer information.

Facility Data Containing Personal Information

If a Facility Data record includes Personal Information relating to the requester, Opti-mized may evaluate whether the Personal Information component is subject to an applicable privacy right.

Account Deletion

Where a user account is deleted, Opti-mized may remove or disable Personal Information associated with the user while retaining limited historical information where permitted.

For example, we may retain:

  • Audit history;
  • Security records;
  • Historical configuration actions;
  • Legal records.

Backups

Personal Information deleted from active systems may remain temporarily in backups until normal backup cycles expire.

Additional information appears in Section 13.

Data Portability

Certain Canadian privacy laws may provide portability rights in particular circumstances.

Portability requirements are not uniform across Canada.

Québec, for example, introduced a portability right effective September 22, 2024 for certain computerized Personal Information collected from the individual. The right generally allows qualifying information to be provided in a structured and commonly used technological format, subject to the requirements and exceptions of Québec law.

Québec Portability and Derived Information

Québec guidance distinguishes between Personal Information collected from the person and information that is created or inferred through analysis. Certain created or inferred information is excluded from the portability right.

This distinction may be particularly relevant to Opti-mized because some information may be:

  • Supplied directly by a user;
  • Generated through user activity;
  • Generated from facility equipment;
  • Calculated or inferred by Opti-mized analytics.

Example of Portability

Depending on applicable law, portable information might include certain computerized Personal Information collected from or through the activities of an individual.

The right would not necessarily require Opti-mized to disclose:

  • Proprietary algorithms;
  • Source code;
  • General Facility Intelligence unrelated to the individual;
  • Another customer's information;
  • Information excluded by applicable law.

Format of Portable Information

Where a portability right applies, Opti-mized may provide qualifying information in an available structured and commonly used technological format.

The precise format may depend on:

  • The law;
  • The data;
  • Technical capabilities.

Portability Is Different From Customer Data Export

A statutory Personal Information portability right should not be confused with a customer's contractual ability to export Facility Data.

Customer data exports may include information that is not Personal Information and may be governed by:

  • Customer agreements;
  • Platform functionality;
  • Product configuration.

Federal Privacy Rights — PIPEDA

Where PIPEDA applies, Opti-mized may be subject to the principles and requirements established under that law.

PIPEDA's fair information principles address matters including:

  • Accountability;
  • Identifying purposes;
  • Consent;
  • Limiting collection;
  • Limiting use, disclosure, and retention;
  • Accuracy;
  • Safeguards;
  • Openness;
  • Individual access;
  • Challenging compliance.

PIPEDA Access

Where PIPEDA applies, individuals generally have the right to request access to Personal Information Opti-mized holds about them, subject to statutory limitations.

PIPEDA Correction

Individuals may challenge the accuracy and completeness of Personal Information and seek amendment where appropriate.

PIPEDA Information About Use and Disclosure

PIPEDA's access principle generally allows individuals to be informed of the existence, use, and disclosure of Personal Information and obtain access to it, subject to applicable exceptions.

PIPEDA Access Exceptions

Access rights under PIPEDA are not absolute.

Applicable law may permit or require Opti-mized to withhold information in circumstances established by the statute.

Potential issues can include information concerning:

  • Other individuals;
  • Confidential commercial information;
  • Legal privilege;
  • Security-sensitive information;
  • Other statutory exceptions.

PIPEDA Retention Principles

PIPEDA provides that Personal Information should only be retained for as long as necessary to fulfill the identified purposes, subject to applicable requirements.

Opti-mized's retention practices are described in Section 13.

PIPEDA Accuracy

PIPEDA provides that Personal Information should be as accurate, complete, and up-to-date as necessary for its purposes.

PIPEDA Safeguards

PIPEDA requires safeguards appropriate to the sensitivity of Personal Information.

Opti-mized's general security practices are described in Section 14.

Challenging Compliance Under PIPEDA

PIPEDA recognizes an individual's ability to challenge an organization's compliance with applicable privacy principles.

Individuals may first raise concerns with Opti-mized at:

info@opti-mized.com

Complaints to the Office of the Privacy Commissioner of Canada

Where PIPEDA applies, individuals may be able to submit complaints to the Office of the Privacy Commissioner of Canada (“OPC”) concerning an organization's handling of Personal Information.

The OPC provides a complaint process for matters subject to PIPEDA.

The appropriate regulator may differ where substantially similar provincial legislation applies.

British Columbia Privacy Rights

British Columbia has its own Personal Information Protection Act (“BC PIPA”) applying to private-sector organizations within the scope of that legislation. The BC Office of the Information and Privacy Commissioner identifies rights including access to an individual's own Personal Information and the ability to request correction.

Where BC PIPA applies, individuals may have rights concerning:

  • Access;
  • Correction;
  • Information about privacy practices;
  • Complaints;
  • Other rights under BC law.

British Columbia Access Requests

An individual may have the right to request access to Personal Information under the custody or control of an organization subject to BC PIPA.

British Columbia Correction

Individuals may have the right to request correction of Personal Information.

British Columbia Privacy Complaints

Where applicable, individuals may be able to contact the Office of the Information and Privacy Commissioner for British Columbia (“OIPC BC”) regarding privacy concerns or requests for review.

The BC OIPC has authority to investigate and resolve privacy complaints and access disputes within its jurisdiction.

British Columbia and PIPEDA

Where BC PIPA governs an intraprovincial private-sector activity, it may apply instead of PIPEDA.

However, PIPEDA may continue to apply to certain federally regulated or interprovincial and international commercial activities.

Alberta Privacy Rights

Alberta has its own Personal Information Protection Act (“Alberta PIPA”) governing many private-sector organizations within the province.

The Office of the Information and Privacy Commissioner of Alberta provides mechanisms for individuals to request access to and correction of Personal Information under PIPA and to seek review or submit complaints.

Alberta Access

Where Alberta PIPA applies, an individual may request access to their Personal Information held by a private-sector organization, subject to applicable law.

Alberta Correction

Individuals may also request correction of Personal Information under Alberta PIPA.

Alberta Complaints and Review

Individuals may be able to request review or submit a privacy complaint to the Office of the Information and Privacy Commissioner of Alberta (“OIPC Alberta”).

Alberta Consent

Alberta PIPA generally regulates the collection, use, and disclosure of Personal Information and includes rules concerning consent and reasonable purposes.

Alberta and PIPEDA

As with British Columbia, PIPEDA may continue to apply in certain situations involving federally regulated activities or interprovincial and international commercial transactions.

Québec Privacy Rights

Québec has its own private-sector privacy legislation, the Act respecting the protection of personal information in the private sector, as amended by Québec's privacy modernization reforms commonly associated with Law 25.

The Commission d'accès à l'information du Québec (“CAI”) explains that Québec's private-sector law regulates the collection, holding, use, and communication of Personal Information and provides individuals with rights including access and rectification.

Québec Right of Access

Subject to applicable law, individuals may request access to Personal Information concerning them.

Québec Right to Rectification

Individuals may request rectification of Personal Information that is:

  • Inaccurate;
  • Incomplete;
  • Otherwise subject to rectification rights under Québec law.

The CAI provides forms specifically for private-enterprise access and rectification requests.

Québec Portability

Since September 22, 2024, Québec law includes a portability right for qualifying computerized Personal Information collected from the individual.

Where applicable, an individual may request that qualifying information be provided in a structured and commonly used technological format.

Québec Transfer to Another Organization

Québec's portability framework may also permit qualifying information to be transmitted to another person or organization authorized to collect it, subject to applicable legal requirements.

Québec Created or Inferred Information

Québec guidance indicates that certain information created or inferred through analysis or algorithms is excluded from the portability right.

For Opti-mized, this may mean that the legal treatment of:

  • Directly collected Personal Information
  • may differ from:
  • Analytical classifications;
  • Inferred information;
  • Algorithmically generated conclusions.

Québec Consent Withdrawal

Québec privacy requirements include rights and obligations concerning consent and informing individuals of their ability to withdraw consent to certain uses or communications of their Personal Information.

Québec De-Indexing and Cessation of Dissemination

Québec's privacy reforms include certain rights that may allow individuals, under specified conditions, to request cessation of dissemination of Personal Information or de-indexing of hyperlinks associated with a person's name. These rights are subject to statutory conditions and are not general rights to erase every record held by a business.

Because Opti-mized does not ordinarily operate as a public search engine or publish customer Personal Information broadly, such rights may have limited application to ordinary use of the Opti-mized platform.

Québec Complaints

Individuals may be entitled to contact the Commission d'accès à l'information du Québec regarding applicable privacy concerns.

Other Canadian Provinces and Territories

Individuals located outside Québec, Alberta, and British Columbia may generally be subject to PIPEDA for covered private-sector commercial activities unless another applicable law governs the particular processing.

Certain provinces have sector-specific laws, including laws applicable to particular categories of health information.

Because Opti-mized primarily provides commercial facility intelligence services rather than healthcare services, those sector-specific regimes may not ordinarily govern our core processing.

However, applicable law depends on the circumstances.

Ontario

Ontario does not currently have a generally applicable private-sector privacy statute recognized as replacing PIPEDA for ordinary commercial activities.

Certain Ontario sector-specific privacy laws may nevertheless apply to particular information or organizations.

Municipal Customers

Many Opti-mized customers may be municipalities or other public-sector organizations.

Canadian public-sector privacy laws differ from private-sector laws and vary by province.

When Opti-mized processes information on behalf of a municipal customer, the municipality may have its own obligations under applicable:

  • Municipal legislation;
  • Public-sector privacy law;
  • Access-to-information law;
  • Records law;
  • Contractual requirements.

Customer Public-Sector Obligations

A municipal customer's statutory privacy obligations do not necessarily become identical obligations of Opti-mized merely because Opti-mized provides a service to that customer.

However, customer contracts may impose privacy and security requirements on Opti-mized to assist the municipality with its obligations.

Requests Concerning Municipal Customer Data

If an individual submits a privacy or access request concerning records controlled by a municipal customer, Opti-mized may refer the request to or coordinate with the municipality where appropriate.

Customer-Controlled Personal Information

In some circumstances, Opti-mized may process Personal Information primarily on behalf of a customer organization.

The customer may determine:

  • Why Personal Information is processed;
  • Who should have access;
  • How accounts are configured;
  • How long certain customer information is needed.

Where the customer is legally responsible for responding to a privacy request, Opti-mized may assist the customer as appropriate.

Opti-mized-Controlled Personal Information

For other information, Opti-mized may determine its own purposes.

Examples may include:

  • Marketing information;
  • Website analytics;
  • Sales communications;
  • Opti-mized billing records;
  • Opti-mized security records.

Opti-mized may respond directly to privacy requests concerning these categories where applicable.

Different Legal Roles

The fact that Opti-mized may act on behalf of a customer in one context does not mean that it necessarily has the same legal role for every category of Personal Information.

Right to Challenge Compliance

Individuals may raise questions or concerns regarding Opti-mized's privacy practices.

Questions may concern matters such as:

  • Collection;
  • Consent;
  • Use;
  • Disclosure;
  • Retention;
  • Security;
  • Access;
  • Correction.

Individuals may contact:

info@opti-mized.com

Internal Review of Privacy Concerns

Opti-mized may review a privacy concern by considering:

  • The Personal Information involved;
  • The applicable customer;
  • Applicable Canadian law;
  • Customer agreements;
  • System records;
  • Service-provider information;
  • Other relevant circumstances.

Corrective Measures

Where Opti-mized determines that corrective action is appropriate, measures may include:

  • Correcting information;
  • Updating preferences;
  • Restricting processing;
  • Deleting information where appropriate;
  • Updating procedures;
  • Improving safeguards;
  • Providing additional notice;
  • Other reasonable corrective action.

Regulatory Complaints

Individuals may have the right to submit complaints to an applicable Canadian privacy regulator.

The appropriate regulator depends on which privacy law applies.

Potential regulators include:

  • The Office of the Privacy Commissioner of Canada;
  • The Office of the Information and Privacy Commissioner for British Columbia;
  • The Office of the Information and Privacy Commissioner of Alberta;
  • The Commission d'accès à l'information du Québec;
  • Other applicable provincial or territorial authorities.

More Than One Regulator

In some circumstances, more than one Canadian privacy law or regulatory body may be relevant.

Canadian privacy regulators may coordinate where matters involve overlapping jurisdiction.

Contacting Opti-mized First

Individuals are welcome to raise concerns with Opti-mized before contacting a regulator.

However, nothing in this Privacy Policy is intended to prevent an individual from contacting an applicable regulator where the individual has a legal right to do so.

How to Submit a Canadian Privacy Request

Canadian privacy requests may be submitted to:

info@opti-mized.com

To help us understand and process the request, an individual may provide:

  • Name;
  • Email address;
  • Organization, where relevant;
  • Nature of the request;
  • Province or territory, where relevant;
  • Relevant Opti-mized account;
  • Description of the information involved.

Please avoid sending unnecessary sensitive Personal Information in the initial request.

Identifying the Right Being Exercised

A requester may indicate that the request concerns:

  • Access;
  • Correction;
  • Consent withdrawal;
  • Deletion;
  • Portability;
  • Marketing;
  • Cookies;
  • Privacy complaint;
  • Other privacy matter.

Verification

Opti-mized may need to verify the identity of the person making a request.

Verification may be required before:

  • Disclosing Personal Information;
  • Correcting account information;
  • Deleting information;
  • Providing portable information;
  • Taking another action that could affect customer information.

Why Verification Is Necessary

Without verification, an unauthorized person could potentially:

  • Obtain another individual's information;
  • Delete another person's account;
  • Alter another person's information;
  • Obtain customer-confidential information.

Verification May Vary by Request

The amount of verification required may depend on the sensitivity and consequences of the request.

For example, changing a marketing preference may require less verification than obtaining a complete copy of Personal Information.

Organization-Level Verification

Where a request concerns customer-level Facility Data, Opti-mized may verify the requester's authority to act for the customer organization.

Requests From Former Employees

A former employee of a customer may still have rights concerning their own Personal Information.

However, the former employee may no longer have authority to exercise contractual rights relating to the customer's facility account.

Authorized Representatives

Where permitted by applicable law, an individual may authorize another person to make a request on their behalf.

Opti-mized may require reasonable evidence of authorization.

Requests by Legal Representatives

Where a request is made by:

  • Legal guardian;
  • Estate representative;
  • Attorney;
  • Other legally authorized representative.

additional verification may be required.

Response Timing

Opti-mized intends to respond to valid Canadian privacy requests within the period required by the applicable law.

Response deadlines vary depending on:

  • Applicable federal or provincial law;
  • Type of request;
  • Complexity;
  • Permitted extensions.

Under PIPEDA, access requests are generally subject to a 30-day response period, with specified circumstances allowing an extension where statutory requirements are followed.

Other provincial legislation may establish different procedural rules.

Complex Requests

A request may require additional work where it involves:

  • Large amounts of information;
  • Multiple systems;
  • Multiple facilities;
  • Archived information;
  • Third-party information;
  • Legal review.

Where applicable law permits an extension, Opti-mized may use that extension and provide required notice.

Requests Requiring Clarification

If Opti-mized cannot determine what information is being requested, we may ask for clarification.

Fees

Where applicable law requires access to be provided at little or no cost, Opti-mized will apply the relevant requirement.

PIPEDA guidance provides that access generally should be provided at little or no cost to the requester.

Where another applicable law permits a reasonable fee in certain circumstances, Opti-mized may follow that law.

Repetitive or Abusive Requests

Applicable law may permit limitations on requests that are:

  • Frivolous;
  • Vexatious;
  • Repetitive;
  • Abusive;
  • Otherwise outside statutory requirements.

Opti-mized may rely on such limitations only where legally available.

Exceptions to Privacy Rights

Canadian privacy rights are generally subject to statutory exceptions.

An access, deletion, correction, portability, or other request may be limited where the requested action would:

  • Reveal another individual's Personal Information;
  • Reveal legally privileged information;
  • Reveal confidential commercial information protected by law;
  • Create a security risk;
  • Conflict with a legal obligation;
  • Conflict with a valid legal hold;
  • Require disclosure prohibited by law;
  • Fall within another statutory exception.

Protecting Other Individuals

Where a record includes another person's Personal Information, Opti-mized may:

  • Redact the other person's information;
  • Withhold the relevant portion;
  • Take another action required by law.

Legal Privilege

Information protected by:

  • Solicitor-client privilege;
  • Litigation privilege;
  • Other recognized legal privilege

may be excluded from access where permitted.

Security Information

Opti-mized may limit disclosure of information that would expose:

  • Passwords;
  • Authentication secrets;
  • Encryption keys;
  • Security vulnerabilities;
  • Detailed cybersecurity architecture.

Confidential Commercial Information

Access rights may be limited where required to protect confidential commercial information or trade secrets.

Opti-mized Intellectual Property

Privacy access rights do not generally require disclosure of:

  • Source code;
  • Algorithms;
  • Proprietary analytical methods;
  • Software architecture;
  • Trade secrets.

Legal Obligations to Retain Information

A deletion request may not override legal obligations relating to:

  • Tax;
  • Accounting;
  • Litigation;
  • Corporate records;
  • Security;
  • Government programs.

Customer Contracts

A customer agreement may require Opti-mized to maintain certain information.

Whether contractual retention overrides an individual request depends on applicable privacy law.

Privacy Rights and Retention

Section 13 describes Opti-mized's general retention practices.

An individual may request deletion or withdrawal of consent, but Opti-mized may retain information where legally permitted or required.

Personal Information No Longer Required

Where Personal Information is no longer required for an identified purpose and no legal basis requires continued retention, Opti-mized may:

  • Delete it;
  • Destroy it;
  • De-identify it;
  • Anonymize it;
  • Otherwise dispose of it.

PIPEDA's limiting-use, disclosure, and retention principle provides that Personal Information should be retained only as long as necessary to serve the identified purposes.

Privacy Rights and De-Identified Information

Where information has been effectively de-identified so that it no longer reasonably identifies an individual, it may no longer be Personal Information under certain Canadian privacy laws.

No Obligation to Re-Identify Where Not Required

Where permitted by law, Opti-mized does not necessarily have to re-identify information solely to allow an individual to exercise a privacy right.

Aggregated Facility Information

Aggregated information concerning:

  • Equipment;
  • Facilities;
  • Energy;
  • Product usage;
  • Benchmarks

may not identify an individual and may therefore fall outside individual privacy rights.

Privacy Rights and Facility Intelligence

Facility Intelligence Data is generally intended to describe:

  • Facility operations;
  • Equipment;
  • Energy usage;
  • Technical performance.

Much of this information may not constitute Personal Information.

Where Facility Intelligence Data does contain Personal Information, applicable rights may apply to the Personal Information component.

Privacy Rights and AI or Automated Analytics

Opti-mized may use algorithms, analytics, statistical techniques, or artificial intelligence to analyze facility and equipment information.

These systems are generally designed to generate:

  • Facility insights;
  • Equipment classifications;
  • Runtime calculations;
  • Energy Loss findings;
  • Savings estimates;
  • Maintenance indicators.

They are not generally designed to make decisions about individuals producing legal or similarly significant effects.

Where Canadian law establishes particular rights concerning automated processing applicable to Opti-mized, we intend to respond to those requirements as applicable.

Privacy Rights and Marketing

Canadian individuals may unsubscribe from applicable Opti-mized marketing communications.

Marketing rights and preferences are described in Section 11.

Canadian Anti-Spam Requirements

Certain electronic marketing communications may also be subject to Canada's anti-spam legislation and related requirements.

Marketing consent and privacy consent may overlap in some circumstances but are not necessarily identical legal concepts.

Marketing Unsubscribe

An individual can generally unsubscribe from promotional email by using the unsubscribe mechanism included in the communication.

Suppression Records

Opti-mized may retain limited information, such as an email address and opt-out status, after an unsubscribe request in order to avoid sending future marketing communications.

Privacy Rights and Cookies

Certain cookie and tracking technologies may involve Personal Information.

Opti-mized's cookie practices are described in Section 9.

Where applicable Canadian law requires consent for particular technologies, we intend to provide appropriate controls.

Privacy Rights and Advertising

Certain targeted advertising provisions described in Section 10 focus primarily on U.S. state privacy requirements.

Canadian users may nevertheless have rights under applicable Canadian privacy or electronic-marketing law regarding:

  • Consent;
  • Cookies;
  • Marketing;
  • Personal Information disclosures.

Privacy Rights and Data Location

Personal Information relating to Canadians may be processed outside Canada as described in Section 12.

Where Personal Information is processed outside Canada, it may be subject to the laws of the foreign jurisdiction.

Applicable Canadian privacy obligations may continue to apply to Opti-mized depending on the circumstances.

Questions About International Processing

Canadian individuals may contact:

info@opti-mized.com

with questions regarding cross-border processing.

Privacy Rights and Security

Opti-mized maintains safeguards intended to protect Personal Information, as described in Section 14.

Canadian privacy laws generally require organizations to protect Personal Information with safeguards appropriate to its sensitivity. PIPEDA expressly includes safeguards as one of its fair information principles.

Security Breach Rights

Canadian privacy laws may impose requirements concerning security breaches involving Personal Information.

Depending on:

  • Applicable law;
  • Risk of harm;
  • Information involved;
  • Other legal thresholds.

Opti-mized may be required to:

  • Keep records;
  • Notify affected individuals;
  • Notify regulators;
  • Take other steps.

Security incident practices are described in Section 14.

Privacy Accountability

Canadian privacy laws place importance on organizational accountability.

Opti-mized may maintain internal responsibility for privacy practices and responses to privacy concerns.

Privacy Contact

For purposes of this Privacy Policy, privacy questions and requests may be directed to:

Opti-mized Solutions Inc.

Email: info@opti-mized.com

Internal Privacy Responsibility

Opti-mized may designate appropriate personnel to:

  • Receive privacy requests;
  • Coordinate responses;
  • Review privacy concerns;
  • Maintain privacy policies;
  • Support compliance;
  • Coordinate security incidents.

Questions About Our Practices

Individuals may contact us with questions concerning:

  • What Personal Information we collect;
  • Why it is collected;
  • How it is used;
  • How it is disclosed;
  • How it is protected;
  • How long it is retained;
  • How to access it;
  • How to correct it;
  • How to withdraw consent.

Openness

Canadian privacy principles emphasize transparency regarding organizational privacy practices.

PIPEDA's openness principle requires organizations to make information about policies and practices relating to Personal Information readily available.

This Privacy Policy is intended to provide that general information for Opti-mized.

Changes to Canadian Privacy Law

Canadian privacy law may change over time.

Federal or provincial governments may:

  • Amend existing legislation;
  • Introduce new privacy legislation;
  • Create new individual rights;
  • Change enforcement powers;
  • Change consent requirements;
  • Change cross-border processing rules;
  • Introduce new requirements relating to artificial intelligence.

Opti-mized may update this section as legal requirements develop.

Changes to Provincial Laws

Provincial privacy laws may also be amended independently.

A right available in one province may:

  • Not exist in another province;
  • Have different conditions;
  • Use different terminology;
  • Be enforced by a different regulator.

New Rights

If applicable Canadian law creates a new legally binding privacy right, Opti-mized may implement processes necessary to respond to qualifying requests.

Supplemental Canadian Privacy Notices

Opti-mized may provide additional or province-specific privacy notices where appropriate.

For example, a supplemental notice may address:

  • Québec-specific requirements;
  • Customer-specific data processing;
  • Particular municipal requirements;
  • A new Canadian product.

Any supplemental notice should be read together with this Privacy Policy.

Customer Agreements

Canadian customer agreements may contain additional obligations concerning:

  • Privacy;
  • Confidentiality;
  • Security;
  • Data access;
  • Data deletion;
  • Retention;
  • Data location.

Those contractual rights may exist independently from an individual's statutory privacy rights.

Data Processing Agreements

Opti-mized may enter into Data Processing Addenda or similar agreements with particular customers.

These agreements may contain additional provisions regarding Canadian Personal Information.

Customer Privacy Policies

Where an individual uses Opti-mized through their employer, municipality, facility owner, or another customer organization, the customer may maintain its own privacy policy.

That customer's policy may explain:

  • Why it uses Opti-mized;
  • What information it provides;
  • How it handles user information;
  • How individuals can make requests to the customer.

Requests Should Sometimes Be Directed to the Customer

Where Opti-mized processes Personal Information solely on behalf of a customer, it may be more appropriate for a privacy request to be submitted directly to that customer.

Opti-mized may assist the customer where required by contract or law.

Opti-mized May Forward a Request

Where appropriate, Opti-mized may forward or refer a request to the relevant customer organization.

Municipal Employees

For example, a municipal employee whose information appears within a municipal Opti-mized account may have privacy rights under laws applicable to the municipality.

A request concerning the municipality's records may therefore need to be handled by the municipality.

Facility Contractors

Similarly, a contractor whose name appears in an equipment record may need to direct certain requests through the customer responsible for the record.

Right to Complain About Opti-mized

Where Opti-mized is directly responsible for the relevant processing, individuals may raise the concern directly with Opti-mized.

No Retaliation for Privacy Complaints

Opti-mized does not intend to retaliate against an individual for making a good-faith privacy complaint or exercising a legally available privacy right.

Exercise of Rights Does Not Ordinarily Affect Core Services

Exercising an access or correction right should not ordinarily prevent an individual or customer from receiving Opti-mized services.

However, withdrawal or deletion of information necessary for a service may affect that service.

No Absolute Right to Service After Withdrawal

If Opti-mized cannot legally or technically provide a service without processing necessary Personal Information, withdrawal may make continued service impossible.

Examples of Necessary Personal Information

For example, Opti-mized may need:

  • An email address to provide an individual user account;
  • Authentication information to protect account access;
  • Contact information to provide requested support.

Privacy Requests Are Separate From Customer Support

A privacy request should be distinguished from an ordinary:

  • Product question;
  • Support request;
  • Facility correction;
  • Billing request.

Opti-mized may route requests to the appropriate team.

Recordkeeping for Canadian Privacy Requests

Opti-mized may retain limited records concerning privacy requests.

These may include:

  • Date received;
  • Type of request;
  • Verification status;
  • Response;
  • Completion date.

Why Request Records May Be Retained

Records may be necessary to:

  • Demonstrate compliance;
  • Resolve complaints;
  • Prevent fraud;
  • Maintain opt-out preferences;
  • Respond to regulators.

Access Request Security

Copies of Personal Information provided in response to a request may be delivered through an appropriately secure method.

Depending on the sensitivity, this may include:

  • Authenticated account access;
  • Secure download;
  • Other appropriate means.

Requests by Email

Requests may initially be submitted by email.

Opti-mized may use another method to provide the requested information if ordinary email is not considered appropriate for the sensitivity involved.

Privacy of Other Customers

Opti-mized will not knowingly provide one customer's confidential facility information to another customer merely because an individual submitted an access request.

Confidentiality Review

Access responses may be reviewed for:

  • Other individuals' information;
  • Customer confidentiality;
  • Security information;
  • Legal privilege.

Personal Information Held by Service Providers

Personal Information processed on Opti-mized's behalf by service providers may fall within the scope of an applicable request.

Where required, Opti-mized may coordinate with service providers to locate or address relevant information.

Independent Third Parties

An Opti-mized privacy request does not necessarily apply to information independently controlled by:

  • Google;
  • Meta;
  • LinkedIn;
  • Payment providers;
  • Customer-selected integrations;
  • Other independent parties.

Individuals may need to submit requests separately to those organizations.

Information We Cannot Reasonably Identify

Certain technical information may not be reasonably linkable by Opti-mized to a named individual.

For example, some aggregated website analytics may contain only pseudonymous or statistical identifiers.

Applicable law may limit obligations where an organization cannot reasonably associate information with the requester.

Privacy Requests and De-Identification

Opti-mized does not necessarily have to restore identifying information to a properly de-identified dataset where applicable law does not require it.

Privacy Rights and Historical Records

Personal Information may remain in historical records for legitimate reasons.

An access request may include historical Personal Information where it remains identifiable and within scope of applicable law.

Correction of Historical Records

Opti-mized may preserve an original historical record while adding a correction where changing the original record would:

  • Undermine audit integrity;
  • Misrepresent what occurred at the time;
  • Conflict with legal requirements.

Privacy Rights and Audit Logs

Audit logs may contain Personal Information.

However, modification or deletion may be restricted where necessary to preserve:

  • Security;
  • Accountability;
  • Legal compliance.

Privacy Rights and Security Logs

Security logs may also contain:

  • IP addresses;
  • User identifiers;
  • Authentication events.

Deletion may be limited where continued retention is necessary for security purposes.

Privacy Rights and Marketing Records

Individuals may request access to or correction of marketing Personal Information where applicable.

Unsubscribing from marketing does not necessarily delete all marketing-related records.

Privacy Rights and Payment Information

Full payment-card information may be held directly by an independent payment processor rather than by Opti-mized.

A privacy request to Opti-mized may therefore not include complete payment information maintained solely by the payment provider.

Privacy Rights and Utility Records

Utility bills or account records may contain Personal Information.

If a utility document belongs to the customer organization rather than the individual requester, access may depend on customer authorization.

Privacy Rights and Photographs

Photographs may constitute Personal Information where an identifiable person appears in the image.

Facility photographs containing no identifiable individual may not constitute Personal Information.

Privacy Rights and Documents

Uploaded documents may contain both:

  • Customer business information;
  • Personal Information.

Opti-mized may need to distinguish between the two when responding to an individual request.

Privacy Rights and Employee Names in Facility Records

If an employee's name appears on a:

  • Panel schedule;
  • Maintenance document;
  • Support record.

the individual's privacy right generally relates to the Personal Information about them rather than ownership of the entire document.

Privacy Rights and Business Contact Information

Business contact information may receive different treatment under different Canadian privacy laws depending on the circumstances.

Opti-mized will apply the law relevant to the particular processing activity.

Publicly Available Information

Certain Canadian privacy laws contain exceptions or special rules concerning publicly available Personal Information.

A request involving public information may therefore be handled differently.

Privacy Rights and Public Procurement

Information contained in:

  • Public tenders;
  • Public contracts;
  • Council records;
  • Government websites

may be subject to public-sector or public-record rules.

Privacy Rights and Government Disclosure

Information lawfully disclosed through public-record laws may not be fully within Opti-mized's control.

Conflicts Between Privacy and Records Laws

A municipal or government customer's obligation to disclose a record under access-to-information legislation may differ from Opti-mized's private-sector privacy obligations.

Customer Responsibility

Public-sector customers are responsible for evaluating their own disclosure obligations.

Accuracy of This Section

This section provides a general description of Canadian privacy rights.

Privacy legislation is detailed and fact-specific.

Accordingly, this section should not be interpreted as:

  • Legal advice;
  • A complete description of every privacy statute;
  • A representation that every listed right applies in every situation.

Mandatory Rights Prevail

Nothing in this Privacy Policy is intended to waive, limit, or restrict a privacy right that cannot lawfully be waived.

Where applicable mandatory law provides greater rights than this Privacy Policy, the mandatory legal requirement will apply to the extent required.

Additional Rights May Apply

An individual may have rights not expressly listed here.

Opti-mized intends to respond to legally applicable rights even if a particular right is not specifically described in this section.

Changes to Rights

As privacy law develops, Opti-mized may:

  • Update this section;
  • Introduce new privacy-request mechanisms;
  • Modify consent practices;
  • Update retention practices;
  • Add additional regional notices.

Questions and Concerns

Questions regarding how Canadian privacy law applies to your Personal Information may be submitted to:

info@opti-mized.com

Making a Complaint to Opti-mized

If you believe Opti-mized has not appropriately handled your Personal Information, you may provide details concerning:

  • The information involved;
  • Your concern;
  • Relevant account;
  • Relevant dates;
  • Requested resolution.

Opti-mized may investigate the matter and respond as appropriate.

Escalation to a Privacy Regulator

Where available under applicable law, you may also submit a complaint to the relevant Canadian privacy authority.

The appropriate authority will depend on the jurisdiction and processing involved.

Federal Regulator

For matters governed by PIPEDA, the relevant authority is generally the:

Office of the Privacy Commissioner of Canada.

British Columbia

For matters governed by BC PIPA, the relevant authority is generally the:

Office of the Information and Privacy Commissioner for British Columbia.

Alberta

For matters governed by Alberta PIPA, the relevant authority is generally the:

Office of the Information and Privacy Commissioner of Alberta.

Québec

For matters governed by Québec's private-sector privacy legislation, the relevant authority is generally the:

Commission d'accès à l'information du Québec.

Opti-mized Cooperation With Regulators

Where legally required, Opti-mized may cooperate with regulatory authorities investigating privacy complaints.

Such cooperation may involve:

  • Providing information;
  • Responding to inquiries;
  • Implementing legally required remedies;
  • Other appropriate actions.

No Admission From Responding to a Complaint

Opti-mized's decision to investigate, cooperate, correct information, or otherwise respond to a concern does not necessarily constitute an admission that Opti-mized violated applicable law.

Privacy Rights Are Separate From Contractual Disputes

A privacy complaint is not necessarily the appropriate process for resolving:

  • Billing disputes;
  • Product performance disputes;
  • Facility-analysis disagreements;
  • Contractual disagreements.

Those issues may be handled separately.

Privacy Rights Are Separate From Facility Analytics

An individual privacy request does not necessarily require Opti-mized to alter an analytical finding relating to:

  • Equipment;
  • Facility behaviour;
  • Energy Loss;
  • Savings.

Privacy Rights Are Separate From Customer Ownership Rights

Canadian privacy rights relate to Personal Information.

Customer ownership and contractual rights relating to Facility Data are described separately in Section 7.

Canadian Customer Data

Customer Facility and Operational Data belonging to a Canadian organization remains subject to:

  • Applicable customer agreements;
  • Confidentiality obligations;
  • Security practices;
  • Other terms.

even where the information does not constitute Personal Information.

Privacy Rights Following Account Termination

An individual's privacy rights may continue after a user account is closed for as long as Opti-mized retains Personal Information that remains subject to applicable law.

Privacy Rights Following Customer Termination

Likewise, termination of a customer agreement does not necessarily eliminate statutory privacy rights relating to Personal Information retained by Opti-mized.

Retained Legal Records

Certain Personal Information may remain in:

  • Contracts;
  • Invoices;
  • Privacy request records;
  • Security records.

even after operational account information has been deleted.

Correction After Account Closure

Where legally required and technically possible, individuals may still request correction of Personal Information retained after account closure.

Access After Account Closure

Access requests may also apply to retained Personal Information subject to applicable exceptions.

Privacy Request Records After Completion

Opti-mized may retain privacy request records for compliance purposes after completing the request.

Future Canadian Legislation

If Canada adopts or implements new private-sector privacy legislation replacing or materially amending existing frameworks, Opti-mized may update this section accordingly.

Future Provincial Reforms

Similarly, changes to:

  • Alberta law;
  • British Columbia law;
  • Québec law;
  • Other provincial law

may result in new or modified rights.

Technology-Specific Privacy Rights

Future legislation may establish additional requirements concerning:

  • Automated decision-making;
  • Artificial intelligence;
  • Biometrics;
  • Targeted advertising;
  • Online tracking.

Opti-mized may adapt its practices as legally required.

Our General Approach to Canadian Privacy Requests

Opti-mized's general approach is to:

  • Provide individuals with information about our Personal Information practices;
  • Provide access where legally required;
  • Correct inaccurate or incomplete Personal Information where appropriate;
  • Respect valid withdrawal of consent where legally available;
  • Delete or otherwise dispose of Personal Information where required;
  • Support legally applicable portability rights;
  • Verify requests appropriately;
  • Protect the Personal Information of other individuals;
  • Preserve customer confidentiality;
  • Maintain legally required records;
  • Cooperate with applicable Canadian privacy authorities where required.

Summary of Canadian Privacy Rights

Depending on applicable Canadian law, an individual may have the right to:

  • Confirm whether Opti-mized holds Personal Information relating to them;
  • Request information concerning Personal Information held by Opti-mized;
  • Request access to Personal Information;
  • Request information concerning how Personal Information has been used;
  • Request information concerning disclosures;
  • Challenge the accuracy and completeness of Personal Information;
  • Request correction of inaccurate or incomplete Personal Information;
  • Withdraw consent where legally available;
  • Request deletion or destruction where legally required or otherwise agreed;
  • Exercise applicable data-portability rights;
  • Unsubscribe from marketing communications;
  • Change applicable cookie preferences;
  • Raise questions concerning Opti-mized's privacy practices;
  • Challenge compliance with applicable privacy requirements;
  • Submit a complaint to the appropriate Canadian privacy regulator.

Canadian privacy law is not identical throughout the country.

PIPEDA continues to provide the federal private-sector framework for covered commercial activities, while British Columbia, Alberta, and Québec maintain substantially similar general private-sector privacy regimes for activities within their respective jurisdictions. PIPEDA may also continue to apply to interprovincial or international commercial transactions and certain federally regulated activities.

Québec additionally provides particular rights and requirements under its modernized private-sector privacy legislation, including a portability right for qualifying computerized Personal Information that has applied since September 22, 2024.

Opti-mized will evaluate privacy requests based on the particular information, applicable customer relationship, relevant jurisdiction, and privacy law that applies.

To submit a Canadian privacy request, ask a question, withdraw applicable consent, or raise a privacy concern, contact:

Opti-mized Solutions Inc.
Email: info@opti-mized.com

We may need to verify your identity or authority before completing a request.

Certain rights may be subject to exceptions, restrictions, procedural requirements, or retention obligations established by applicable law.

Our objective is to provide Canadian individuals with the privacy rights and protections available to them under applicable law while maintaining the security and confidentiality of Personal Information, respecting customer organizational rights, preserving necessary facility information, and maintaining Opti-mized's ability to provide reliable long-term facility intelligence services.

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17

U.S. Privacy Rights

In short: Residents of some U.S. states may have extra rights, such as to know, access, correct or delete their Personal Information, to opt out of sale, sharing or targeted advertising, and to appeal our decisions.

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Residents of Certain U.S. States

Residents of certain U.S. states may have additional rights concerning their Personal Information or personal data where an applicable state privacy law applies to Opti-mized and to the particular processing activity.

The United States does not currently operate under a single comprehensive state privacy framework applicable in exactly the same manner throughout the country.

Instead, a growing number of states have enacted comprehensive consumer privacy laws establishing different:

  • Applicability thresholds;
  • Definitions;
  • Consumer rights;
  • Business obligations;
  • Opt-out mechanisms;
  • Sensitive-data requirements;
  • Profiling rules;
  • Appeal procedures;
  • Enforcement structures;
  • Exceptions and exemptions.

Accordingly, the specific privacy rights available to an individual depend on factors such as:

  • The state in which the individual resides;
  • The law applicable in that state;
  • Whether Opti-mized satisfies the statutory applicability thresholds;
  • The nature of Opti-mized's relationship with the individual;
  • Whether the individual is acting in a personal, household, employment, or business capacity;
  • The type of Personal Information involved;
  • The purpose for which the information is processed;
  • Whether an applicable exemption applies;
  • Whether Opti-mized acts as a controller, business, processor, service provider, contractor, or in another legally defined role.

The inclusion of a particular privacy right in this section does not mean that the right applies to every U.S. resident or that Opti-mized is necessarily subject to every state privacy law.

Applicable State Privacy Rights

Where an applicable state privacy law applies to Opti-mized, eligible residents may have rights that include:

  • The right to confirm whether Personal Information or personal data is being processed;
  • The right to know what Personal Information is collected;
  • The right to access Personal Information;
  • The right to correct inaccurate Personal Information;
  • The right to request deletion of certain Personal Information;
  • The right to obtain a copy of certain Personal Information in a portable format;
  • The right to opt out of the sale of Personal Information or personal data;
  • The right to opt out of certain sharing of Personal Information;
  • The right to opt out of targeted advertising;
  • The right to opt out of certain forms of profiling;
  • Rights concerning certain automated decision-making technologies where applicable;
  • Rights concerning sensitive Personal Information or sensitive personal data;
  • The right to use certain universal opt-out mechanisms where required;
  • The right to appeal certain decisions concerning privacy requests where applicable;
  • The right to use an authorized agent in circumstances permitted by law;
  • The right not to receive unlawful discriminatory treatment for exercising applicable privacy rights;
  • Other rights established by applicable state law.

Opti-mized does not sell Personal Information for monetary compensation.

As described in Sections 9 and 10, certain advertising, analytics, retargeting, pixel, conversion-measurement, or similar technologies may nevertheless constitute a regulated “sale,” “sharing,” or use for “targeted advertising” under certain U.S. privacy laws even where Opti-mized does not receive money in exchange for the information.

Where an applicable state law provides an opt-out right, eligible individuals may exercise that right using the mechanisms made available by Opti-mized.

Privacy requests may be submitted to:

info@opti-mized.com

Certain rights described in this section may be subject to:

  • Identity verification;
  • Applicability thresholds;
  • Statutory exceptions;
  • Exemptions;
  • Legal retention requirements;
  • Security requirements;
  • Customer contractual relationships;
  • Other limitations permitted by applicable law.

State Privacy Laws Do Not Apply Uniformly

State privacy laws differ substantially.

For example, some laws apply only when a business processes Personal Information relating to a specified number of state residents.

Other laws include:

  • Revenue thresholds;
  • Data-sale thresholds;
  • Small-business exemptions;
  • Entity-level exemptions;
  • Data-level exemptions.

Accordingly, simply conducting business with a resident of a particular state does not necessarily mean that every provision of that state's comprehensive privacy statute applies to Opti-mized.

Applicability Thresholds

Certain comprehensive state privacy laws apply only when a business satisfies statutory thresholds relating to matters such as:

  • Annual revenue;
  • Number of consumers whose data is processed;
  • Revenue derived from selling Personal Information;
  • Nature of the business;
  • Other statutory criteria.

For example, the California Consumer Privacy Act applies to qualifying for-profit businesses doing business in California that meet specified statutory thresholds. Other state laws use different applicability tests.

Accordingly, this Privacy Policy does not represent that Opti-mized is currently subject to every comprehensive state privacy statute.

Where a state privacy law does not apply to Opti-mized, Opti-mized may nevertheless choose to provide certain privacy controls voluntarily.

Voluntarily providing a privacy control does not necessarily mean that Opti-mized concedes that the underlying law applies.

Personal Information and Personal Data

State privacy laws use different terminology.

Some laws refer to:

  • “Personal Information”;
  • “Personal Data”;
  • “Consumer Personal Information”;
  • “Sensitive Personal Information”;
  • “Sensitive Data.”

Although definitions vary, these terms generally concern information that identifies, relates to, describes, is reasonably capable of being associated with, or is reasonably linkable to an identifiable individual.

The exact statutory definition controls where a particular law applies.

Facility Data May Not Be Personal Data

Opti-mized processes substantial amounts of information relating primarily to:

  • Commercial facilities;
  • Electrical equipment;
  • Energy consumption;
  • Panels;
  • MCCs;
  • Switchgear;
  • Circuits;
  • Sensors;
  • Gateways;
  • Equipment runtime;
  • Equipment cycling;
  • Peak demand;
  • Facility operating conditions.

Not all such information necessarily constitutes Personal Information under U.S. state privacy laws.

For example, electrical measurements from a commercial rooftop unit may describe equipment behaviour rather than an identifiable individual.

However, facility or operational information may constitute Personal Information where it is reasonably linkable to an identifiable person.

Opti-mized evaluates the legal status of information based on context and applicable law.

Confidential Data May Still Be Protected

Even where Customer Facility and Operational Data does not constitute Personal Information, it may remain:

  • Confidential;
  • Commercially sensitive;
  • Operationally sensitive;
  • Contractually protected.

The fact that a statutory consumer privacy right does not apply to a particular category of facility data does not mean Opti-mized treats that information as public.

Contact for United States Privacy Requests

For questions, requests, appeals, opt-outs, or complaints concerning United States privacy rights, contact:

Opti-mized Solutions Inc.
Email: info@opti-mized.com

When contacting us, please specify, where relevant:

  • Your name;
  • Email address;
  • State of residence;
  • Customer organization;
  • Nature of your request.

Please do not send unnecessary sensitive information with the initial request.

Summary of United States Privacy Rights

Depending on the state, applicable law, Opti-mized's statutory status, and the nature of the information involved, eligible U.S. residents may have rights including:

  • The right to confirm whether Opti-mized processes Personal Information;
  • The right to know what Personal Information has been collected;
  • The right to access Personal Information;
  • The right to correct inaccurate Personal Information;
  • The right to request deletion of qualifying Personal Information;
  • The right to obtain certain Personal Information in a portable format;
  • The right to obtain information about certain recipients;
  • The right to opt out of sale;
  • The right to opt out of certain sharing;
  • The right to opt out of targeted advertising;
  • The right to opt out of specified profiling activities;
  • Rights concerning certain automated decision-making technologies;
  • Rights concerning sensitive Personal Information;
  • The right to use recognized universal opt-out mechanisms where required;
  • The right to use an authorized agent where permitted;
  • The right to appeal certain privacy-request decisions;
  • The right not to receive unlawful discriminatory treatment for exercising legally available privacy rights;
  • The right to submit a complaint to an applicable state regulator.

Opti-mized does not sell Personal Information for monetary compensation.

Opti-mized also does not intend to use detailed Customer Facility and Operational Data, Energy and Operational Data, Facility Intelligence Data, customer utility information, or detailed facility electrical measurements to create consumer behavioral advertising profiles.

Certain advertising, analytics, pixel, retargeting, audience-measurement, or conversion technologies used on public Opti-mized websites may nevertheless qualify as a “sale,” “sharing,” or use for targeted advertising under some state privacy laws even where Opti-mized receives no direct monetary payment.

Where applicable law provides an opt-out right, Opti-mized intends to provide appropriate mechanisms through:

  • Cookie or privacy controls;
  • Recognized universal opt-out signals where required;
  • Direct requests;
  • Other legally required mechanisms.

To submit a U.S. privacy request, appeal, question, or concern, contact:

Opti-mized Solutions Inc.
Email: info@opti-mized.com

We may need to verify your:

  • Identity;
  • Account;
  • State of residence;
  • Authority

before completing certain requests.

Privacy rights may be subject to legal exceptions concerning matters such as:

  • Security;
  • Fraud prevention;
  • Legal obligations;
  • Accounting;
  • Tax;
  • Contracts;
  • Dispute resolution;
  • Legal claims;
  • Customer confidentiality;
  • Other permitted purposes.

The availability of a particular right depends on the state privacy law applicable to the individual and Opti-mized.

Nothing in this section is intended to limit a privacy right that must legally be provided.

Our objective is to provide legally required U.S. privacy rights in a practical and transparent manner while maintaining the security of customer information, protecting the rights of other individuals and organizations, preserving legitimate facility and operational records, and allowing Opti-mized to continue providing secure and reliable long-term Facility Intelligence services.

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18

Account Deletion and Data Requests

In short: You can ask to close your account and delete eligible Personal Information; organization accounts need an authorized representative. Consider exporting first, because deletion can affect history and reports. Some records may be kept for legal or similar reasons.

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Users may request closure of an Opti-mized account and, where applicable, deletion of eligible Personal Information by contacting:

info@opti-mized.com

Where account-management functionality is available through the Opti-mized platform, users may also be able to:

  • Update account information;
  • Correct profile information;
  • Change contact information;
  • Manage certain communication preferences;
  • Manage authorized users;
  • Request account closure;
  • Perform other account-management functions.

The availability of a particular self-service account-management feature may depend on:

  • Account type;
  • Customer configuration;
  • User permissions;
  • Product functionality;
  • Applicable contractual arrangements;
  • Applicable law.

Account closure and deletion of Personal Information are related but distinct processes.

Closing an account does not necessarily mean that every category of information associated with the account will be immediately and permanently deleted from every Opti-mized system.

Similarly, a request to delete certain Personal Information does not necessarily require termination of an entire customer relationship.

When an account is closed or information is deleted, Opti-mized will handle the information in accordance with:

  • This Privacy Policy;
  • Section 13 concerning Data Retention;
  • Applicable customer agreements;
  • Applicable privacy law;
  • Legal and regulatory obligations;
  • Security requirements;
  • Technical capabilities.

Certain information may be retained where legally required, contractually required, reasonably necessary, or otherwise permitted by applicable law.

Account Closure

A user may request closure of their Opti-mized user account.

Account closure generally means that the user will no longer be authorized to access the account after the closure process has been completed.

Depending on the type of account and the user's role, closure may involve actions such as:

  • Disabling login access;
  • Revoking authentication credentials;
  • Ending active sessions;
  • Removing the user from a customer organization;
  • Removing platform permissions;
  • Disabling notifications;
  • Removing or restricting user profile information;
  • Beginning applicable deletion or retention processes.

Individual User Account Closure

An individual user may request closure of their own user account where permitted.

For example, a person who no longer works for a customer organization may request that their personal login account be removed.

Closing that individual account does not necessarily require deletion of:

  • The customer's facility;
  • Customer Facility and Operational Data;
  • Historical Energy and Operational Data;
  • Facility Intelligence Data;
  • Customer reports;
  • Customer equipment records;
  • Historical system records that belong to or remain necessary for the customer organization.

Customer Organization Account Closure

Closing an entire customer organization account is different from closing the account of an individual user.

Organization-level closure may affect:

  • Multiple users;
  • Multiple facilities;
  • Hardware connections;
  • Historical data;
  • Reports;
  • Billing;
  • Customer contracts;
  • Service access.

Because of those consequences, an organization-level closure request may need to be submitted or approved by:

  • An authorized customer administrator;
  • Authorized representative;
  • Contracting party;
  • Other person with appropriate authority.

Verification of Authority

Opti-mized may verify that the person requesting organization-level account closure has authority to act on behalf of the customer.

Verification may be particularly important where closure could result in:

  • Loss of facility access;
  • Loss of historical information;
  • Termination of hardware connectivity;
  • Loss of reports;
  • Termination of services;
  • Deletion of customer data.

Customer Administrator Removal

A customer administrator may remove individual users from the customer's account where platform functionality permits.

Removal of a user may:

  • End access;
  • Revoke permissions;
  • Stop certain notifications.

It does not necessarily delete every historical record associated with that user.

Historical User Activity

Certain historical information may be retained after a user is removed.

This may include records showing:

  • Login activity;
  • Permission changes;
  • Configuration activity;
  • Data exports;
  • Administrative actions;
  • Security events.

Such information may remain where reasonably necessary for:

  • Security;
  • Auditability;
  • Accountability;
  • Customer support;
  • Legal compliance;
  • Fraud prevention.

Account Closure Does Not Necessarily Equal Data Deletion

A user may close an account while certain records remain.

For example, Opti-mized may need to retain:

  • Invoices;
  • Contracts;
  • Payment records;
  • Security logs;
  • Customer support history;
  • Legal records;
  • Privacy request records.

Similarly, an account may remain open while a user requests deletion of certain Personal Information that is not necessary for continued use of the service.

Account Deletion Versus Customer Data Deletion

The phrase “account deletion” may refer to different actions depending on context.

It may mean:

  • Deleting an individual user's profile;
  • Terminating a customer account;
  • Removing account access;
  • Deleting eligible Personal Information;
  • Deleting customer-controlled data.

These actions should not be assumed to be identical.

Deletion of Eligible Personal Information

Subject to applicable law, a user may request deletion of eligible Personal Information.

Eligible information may include, depending on the circumstances:

  • User profile information;
  • Contact information;
  • Certain marketing information;
  • Certain website information;
  • Certain support information;
  • Other Personal Information.

Deletion rights may depend on:

  • Jurisdiction;
  • User relationship;
  • Data category;
  • Applicable legal exceptions;
  • Customer instructions.

Customer Facility Data May Be Different

An individual privacy deletion request does not necessarily extend to all Customer Facility and Operational Data.

For example, if an employee requests deletion of their user account, that request would not ordinarily require deletion of:

  • Facility electrical measurements;
  • Equipment runtime history;
  • Circuit data;
  • Facility reports;
  • Equipment mappings;
  • Customer configuration

where those records belong to the customer organization and do not depend on the employee's identity.

Personal Information Embedded in Facility Records

If Customer Facility and Operational Data contains Personal Information relating to a specific individual, Opti-mized may evaluate whether that Personal Information is subject to an applicable deletion request.

For example, an equipment document may contain:

  • Technician name;
  • Employee name;
  • Contact information.

The Personal Information component may need to be considered separately from the underlying technical facility record.

Requests to Delete Customer Facility and Operational Data

An authorized customer may request deletion of certain Customer Facility and Operational Data where:

  • Contractually permitted;
  • Legally required;
  • Technically feasible.

Such requests may require verification of:

  • Customer identity;
  • Account authority;
  • Administrative rights.

Impact of Deleting Historical Facility Data

Deleting historical Facility Data may affect Opti-mized functionality.

Historical data may be used to provide:

  • Long-term trend analysis;
  • Baselines;
  • Seasonal comparisons;
  • Equipment-performance history;
  • Measurement and verification;
  • Savings analysis;
  • Historical reports.

Deletion may therefore reduce or eliminate certain analytical capabilities.

Advance Explanation of Consequences

Where appropriate, Opti-mized may explain the consequences of a requested deletion before processing it.

For example, deleting historical Energy and Operational Data may mean that:

  • Historical baselines can no longer be calculated;
  • Year-over-year comparisons become unavailable;
  • Historical reports cannot be regenerated;
  • Long-term equipment trends become incomplete.

Customer Confirmation

For significant customer-level deletion requests, Opti-mized may require confirmation before proceeding.

This is intended to reduce the risk of:

  • Accidental deletion;
  • Unauthorized deletion;
  • Irreversible data loss.

Irreversibility

Once information has been permanently deleted from active systems and applicable backups have expired or been overwritten, restoration may no longer be possible.

Customers should therefore consider whether they need to export or preserve information before submitting an irreversible deletion request.

Data Export Before Account Closure

Where export functionality is available, users or customer administrators may be able to download certain information before account closure.

Exports may include, depending on platform functionality:

  • Reports;
  • Facility information;
  • Energy data;
  • Equipment information;
  • Other customer records.

Export Requests

Where a customer requires information that is not available through self-service tools, the customer may contact:

info@opti-mized.com

to ask whether an export is available.

Export Availability

Opti-mized does not guarantee that every category of data is available in every format.

The available export may depend on:

  • Product functionality;
  • Technical feasibility;
  • Data type;
  • Customer agreement;
  • User permissions.

Data Portability Rights

A statutory data-portability right may apply separately from customer data-export functionality.

Privacy-law portability rights generally apply to qualifying Personal Information.

Customer contractual export rights may apply more broadly to:

  • Facility Data;
  • Energy and Operational Data;
  • Reports.

These rights should not be treated as identical.

Account Management Tools

Where available, the Opti-mized platform may allow users to update certain information directly.

Examples may include:

  • Name;
  • Email address;
  • Telephone number;
  • Job title;
  • Communication preferences;
  • Notification settings.

User Responsibility for Account Information

Users should maintain accurate account information.

Outdated information may create problems such as:

  • Missed service notifications;
  • Failed security notices;
  • Incorrect access;
  • Billing issues;
  • Support delays.

Updating Information

Users may update information through:

  • Platform account settings;
  • Customer administrator;
  • Direct request to Opti-mized.

Correction Requests

If information cannot be corrected through self-service tools, users may contact:

info@opti-mized.com

Correction rights are described in Sections 15, 16, and 17.

Account Closure Request Process

A request to close an account may include:

  • Name;
  • Account email;
  • Organization;
  • Request to close the account.

Additional information may be requested where reasonably necessary to verify:

  • Identity;
  • Account ownership;
  • Authority.

Avoid Unnecessary Sensitive Information

Users should not include unnecessary:

  • Passwords;
  • Payment-card numbers;
  • Government identification numbers

when submitting an account closure or deletion request.

Identity Verification

Before processing certain account or data requests, Opti-mized may verify the requester's identity.

Verification helps protect against:

  • Fraudulent account closure;
  • Account takeover;
  • Unauthorized deletion;
  • Unauthorized data access.

Verification Methods

Verification may involve:

  • Confirmation through the registered email address;
  • Authentication through the user's account;
  • Matching information against existing records;
  • Other reasonable methods.

Stronger Verification for Higher-Risk Requests

A request involving significant consequences may require stronger verification.

For example:

  • Removing an individual profile may require ordinary verification;
  • Deleting an entire customer account may require organizational authorization;
  • Transferring administrative control may require additional confirmation.

Inability to Verify

Where Opti-mized cannot reasonably verify:

  • Identity;
  • Authority;
  • Account ownership.

we may be unable to complete a request.

Requests From Authorized Agents

Where applicable law permits individuals to use authorized agents, Opti-mized may accept requests from properly authorized representatives.

We may require evidence of:

  • Authorization;
  • Identity;
  • Scope of authority.

Requests From Customer Administrators

Customer administrators may submit requests concerning:

  • User removal;
  • Account access;
  • Organization-level data.

Administrator authority may be verified before action is taken.

Requests From Former Employees

A former employee may request closure of their personal user account.

However, the former employee generally may not have authority to request deletion of:

  • The organization's Facility Data;
  • Customer reports;
  • Historical facility information.

Requests From Contractors

The same distinction may apply to:

  • Contractors;
  • Consultants;
  • Temporary users.

Their Personal Information may be eligible for deletion even where organizational data remains.

Shared Accounts

Where multiple people use a shared account or email address, account closure requests may require additional verification.

Individual accounts are preferable where available because they improve:

  • Accountability;
  • Security;
  • Request handling.

Generic Business Email Addresses

An account associated with an address such as:

may represent a role rather than an identifiable individual.

Account closure may therefore require customer-level authorization.

Account Suspension

Account suspension is different from deletion.

An account may be temporarily suspended due to:

  • Security concerns;
  • Payment issues;
  • Contract issues;
  • Customer request;
  • Investigation.

Suspended information may remain stored so that access can potentially be restored.

Reactivation

Where an account is suspended rather than deleted, Opti-mized may reactivate the account if:

  • The underlying issue is resolved;
  • Customer authorization is provided;
  • Appropriate verification is completed.

Dormant Accounts

Accounts that remain inactive for an extended period may be:

  • Maintained;
  • Archived;
  • Suspended;
  • Deleted

depending on:

  • Customer agreements;
  • Internal practices;
  • Legal requirements.

Trial Accounts

Trial or demonstration accounts may be subject to different retention or closure practices than paid customer accounts.

Test or Demo Information

Synthetic demonstration data may remain independently because it does not represent actual customer information.

Account Closure Following Contract Termination

Where a customer contract ends, account closure may occur according to:

  • Contract terms;
  • Termination date;
  • Data-export rights;
  • Retention requirements;
  • Post-termination obligations.

Contractual Post-Termination Periods

Certain agreements may provide customers with a limited period after termination to:

  • Retrieve data;
  • Download reports;
  • Request exports.

Where applicable, those contractual provisions may supplement this Privacy Policy.

Account Access After Termination

Account access may end:

  • Immediately at termination;
  • At another contractually agreed time.

Information may remain stored for a separate period before deletion.

Final Deletion

Final deletion may occur only after:

  • Service termination is complete;
  • Required exports are completed;
  • Legal obligations are satisfied;
  • Retention requirements expire;
  • Backup cycles complete.

Deletion From Active Systems

Information approved for deletion may first be removed from active production systems.

Active systems may include:

  • User databases;
  • Customer dashboards;
  • Application storage;
  • Active file storage;
  • Customer profile systems.

Logical Deletion

Some technical systems may initially mark information as deleted or inaccessible before underlying storage media are overwritten.

This is sometimes referred to as logical deletion.

Physical Deletion

The physical deletion of underlying storage may occur later through:

  • Database operations;
  • Storage lifecycle policies;
  • Cloud-provider processes;
  • Backup expiration.

Backups

Deleted information may remain temporarily in:

  • Backups;
  • Disaster-recovery copies;
  • System snapshots.

These copies are generally maintained to protect against:

  • Hardware failure;
  • Data corruption;
  • Cybersecurity incidents;
  • Accidental deletion;
  • Other technical failures.

Backup Rotation

Backup copies may remain until they are:

  • Overwritten;
  • Expired;
  • Removed

through normal backup rotation.

Inactive Backups

Information contained only in inactive backups may not be used for ordinary operational purposes.

Restoration From Backup

If Opti-mized restores a backup containing previously deleted information after an outage or incident, we may take reasonable steps to reapply deletion status where appropriate.

Disaster Recovery

Information may temporarily reappear in restoration environments during disaster recovery.

Such environments may be subject to restricted access.

Archives

Certain information may remain in archives where retention is:

  • Legally required;
  • Contractually required;
  • Otherwise permitted.

Legal Records

Account closure does not necessarily require deletion of:

  • Contracts;
  • Privacy requests;
  • Legal correspondence;
  • Regulatory records;
  • Litigation records.

Financial Records

Opti-mized may retain:

  • Invoices;
  • Payment history;
  • Purchase orders;
  • Refund records;
  • Transaction identifiers

for purposes such as:

  • Accounting;
  • Tax;
  • Audit;
  • Financial compliance.

Full Payment-Card Information

Where complete payment-card information is processed directly by a third-party payment provider, Opti-mized generally does not control deletion of information held independently by that provider.

Payment Provider Records

Payment providers may retain transaction information under:

  • Financial laws;
  • Fraud-prevention obligations;
  • Their own privacy policies.

Tax Obligations

Tax laws may require business records to remain after account closure.

Accounting Obligations

Accounting records may be retained for periods independent from platform-account retention.

Legal Claims

Information may be retained where reasonably necessary to:

  • Establish legal rights;
  • Exercise legal rights;
  • Defend legal claims.

Disputes

If a customer or user is involved in a dispute with Opti-mized, relevant information may be retained until the dispute is resolved and any appropriate legal period has expired.

Legal Holds

A legal hold may suspend ordinary deletion.

A legal hold may arise from:

  • Litigation;
  • Government investigation;
  • Regulatory request;
  • Preservation obligation;
  • Anticipated dispute.

Fraud Prevention

Limited information may be retained to help prevent:

  • Fraud;
  • Abuse;
  • Unauthorized access;
  • Repeated malicious account creation.

Security Records

Security records may remain after account closure.

  • These may include:
  • Login logs;
  • Authentication events;
  • Suspicious activity;
  • IP addresses;
  • Security incident records.

Security Exceptions

Deleting all security information immediately could impair Opti-mized's ability to:

  • Investigate incidents;
  • Protect other users;
  • Detect fraud.

Enforcement of Agreements

Opti-mized may retain information necessary to enforce:

  • Customer agreements;
  • Terms of service;
  • Confidentiality obligations;
  • Payment obligations;
  • Intellectual-property rights.

Privacy Request Records

Opti-mized may retain limited records concerning:

  • Account closure requests;
  • Deletion requests;
  • Access requests;
  • Correction requests;
  • Opt-out requests.

Why Privacy Request Records May Be Retained

These records may be necessary to:

  • Demonstrate compliance;
  • Resolve complaints;
  • Prevent fraud;
  • Maintain opt-out preferences;
  • Respond to regulators.

Marketing Suppression Records

If a user requests account deletion and has also unsubscribed from marketing, Opti-mized may retain limited information such as:

  • Email address;
  • Opt-out status

in a suppression list.

This helps prevent the user from being unintentionally re-added to promotional communications.

Suppression Information Is Not Intended for Marketing

Suppression records are maintained to respect the user's preference, not to continue marketing.

Service Provider Copies

Opti-mized may use service providers that process information on our behalf.

A deletion request may therefore require action across multiple providers.

Service Provider Instructions

Where required or appropriate, Opti-mized may instruct relevant service providers to:

  • Delete;
  • Return;
  • Restrict

information covered by a valid deletion request.

Service Provider Retention Exceptions

A service provider may retain limited information where independently required by law.

Independent Third Parties

Opti-mized may not control deletion of information independently held by:

  • Customer-selected integrations;
  • Payment providers;
  • Consultants;
  • Contractors;
  • Government organizations;
  • Other independent parties.

Customer-Directed Sharing

If a customer previously directed Opti-mized to share information with another party, deletion from Opti-mized does not automatically require that third party to delete its independent copy.

Reports Previously Shared

A Facility Intelligence Report may have been:

  • Downloaded;
  • Emailed;
  • Printed;
  • Shared with a consultant;
  • Submitted to a funding agency;
  • Uploaded to another system.

Opti-mized may not control those copies.

Customer-Controlled Copies

Account deletion does not delete information stored on:

  • Customer computers;
  • Customer servers;
  • Customer email systems;
  • Customer cloud storage.

Downloaded Files

Users are responsible for copies they have downloaded.

Printed Documents

Physical copies are outside Opti-mized-controlled systems.

Government Copies

Information submitted to a government organization may be subject to:

  • Public records laws;
  • Government retention schedules;
  • Procurement requirements.

Opti-mized may not be able to require deletion of those records.

Public-Sector Customer Records

If Opti-mized provides data to a municipal or other public-sector customer, the customer may retain that information according to its legal obligations.

De-Identified Information

Where permitted by law, Opti-mized may retain information that has been appropriately de-identified.

De-identified information may be retained for purposes such as:

  • Research;
  • Product improvement;
  • Benchmarking;
  • Reliability analysis;
  • Analytics.

Aggregated Information

Aggregated information that no longer reasonably identifies a specific individual or customer may be retained for longer periods.

Deletion of Source Records

Deletion of an identifiable source record does not necessarily require deletion of:

  • Aggregated statistics;
  • De-identified benchmarks;
  • Generalized product learnings

that no longer identify the source.

Anonymous Information

Information that has been effectively anonymized may not be capable of being associated with the original user.

No Re-Identification Solely for Deletion

Where applicable law does not require it, Opti-mized does not necessarily need to re-identify anonymous or properly de-identified information solely to process a deletion request.

Generalized Product Improvements

Deleting an account does not require Opti-mized to delete:

  • Software improvements;
  • Algorithm improvements;
  • General analytical learnings;
  • Product features

that no longer contain identifiable customer information.

Opti-mized Intellectual Property

Account deletion does not transfer or eliminate Opti-mized's rights in:

  • Software;
  • Algorithms;
  • Models;
  • Hardware designs;
  • Analytical methods;
  • Report templates;
  • Proprietary technology.

Derived Data

Certain derived information may remain where it has been:

  • Aggregated;
  • De-identified;
  • Otherwise transformed

so that it no longer reasonably identifies the user or customer.

Customer-Specific Derived Data

Customer-specific Facility Intelligence Data may be handled in accordance with:

  • Customer instructions;
  • Customer agreements;
  • Retention provisions.

Effect of Deletion on Analytics

Deletion may reduce the ability to:

  • Compare historical performance;
  • Regenerate reports;
  • Verify savings;
  • Detect long-term trends.

Effect of Deletion on Recommendations

Recommendations based on deleted historical information may no longer be:

  • Reproducible;
  • Verifiable;
  • Updateable.

Effect of Account Closure on Notifications

Closing a user account may stop:

  • Platform notifications;
  • Report notices;
  • Facility alerts;
  • Account communications

for that user.

Essential Notices During Closure

Opti-mized may still send communications necessary to:

  • Confirm closure;
  • Complete billing;
  • Provide required legal notices;
  • Complete a pending support issue.

Marketing Communications

Account closure does not necessarily mean a user has unsubscribed from every marketing communication.

Where appropriate, users may separately opt out of marketing as described in Section 11.

Marketing Opt-Out With Account Closure

If a user wants both:

  • Account closure;
  • Marketing unsubscribe,

the user may indicate both requests.

Account Closure Does Not Automatically Delete Cookie Data on the User's Browser

Cookies stored on a user's device may remain until:

  • They expire;
  • The user deletes them;
  • Browser settings remove them.

Cookie Preferences

Users may manage cookies as described in Section 9.

Advertising Opt-Outs

Account closure does not necessarily replace an applicable:

  • Sale opt-out;
  • Sharing opt-out;
  • Targeted advertising opt-out.

Those rights may be exercised as described in Sections 10 and 17.

Customer Hardware After Account Closure

Closing an individual user account does not necessarily disable:

  • Sensors;
  • Gateways;
  • Customer hardware.

Hardware remains associated with the customer organization's service unless the customer relationship itself is terminated.

Customer Service Termination

If an entire customer relationship is terminated, connected hardware may:

  • Stop transmitting;
  • Be deactivated;
  • Be reconfigured;
  • Be returned

depending on:

  • Product arrangement;
  • Contract;
  • Technical configuration.

Hardware Data Stored Before Termination

Historical information generated before hardware deactivation may remain according to applicable retention provisions.

Local Device Data

Certain gateway or device information may remain locally until:

  • Reset;
  • Reconfigured;
  • Replaced.

Customer Hardware Ownership

Account deletion does not determine physical hardware ownership.

Hardware ownership is governed by the applicable commercial terms.

Removal of Account Permissions

Users may sometimes prefer to:

  • Remove access;
  • Change permissions

rather than fully delete an account.

Temporary Access Removal

A customer administrator may temporarily remove access while retaining the user's account record.

Role Change

A user's access may be modified if the user's responsibilities change.

Multiple Facilities

A user may be removed from one facility while retaining access to another.

Multiple Customer Organizations

Where a user is associated with multiple customer organizations, deletion from one organization does not necessarily require deletion of the user's entire Opti-mized identity.

Shared Login Identity

If the platform allows a user to access multiple organizations through one login, account deletion may require coordination to avoid removing access the user still legitimately needs.

Account Email Changes

Users may be able to change their account email without deleting the account.

Organization Transfers

If a user changes employers, Opti-mized may require:

  • Removal from the old customer;
  • Creation or reassignment under the new customer.

Security Review Before Account Transfer

Administrative or organizational transfers may require additional verification.

Facility Ownership Changes

If a facility changes ownership, account and data rights may require special review.

Customer Acquisition or Merger

If one customer acquires another, data access may need to be reconfigured.

Authorization Before Data Transfer

Opti-mized may require evidence of legal or contractual authority before transferring customer Facility Data to a new organization.

Closing a Facility

A customer may close a particular facility without closing the entire customer account.

Historical information for that facility may remain for:

  • Portfolio history;
  • Reporting;
  • Legal records;
  • Measurement and verification.

Equipment Retirement

Equipment may be removed from active service while its historical data remains.

Data Deletion Is Not Required for Every Equipment Change

Replacing equipment does not automatically require deletion of the old equipment history.

Customer Data Requests

In addition to deletion, customers may contact Opti-mized concerning:

  • Access;
  • Correction;
  • Export;
  • Account administration;
  • Retention;
  • Other data matters.

Individual Privacy Requests

Individual users may separately exercise applicable privacy rights as described in Sections 15, 16, and 17.

Request Categories

A request submitted to:

info@opti-mized.com

may concern:

  • Account closure;
  • Account deletion;
  • Personal Information deletion;
  • Data access;
  • Data correction;
  • Data export;
  • Data portability;
  • Marketing preferences;
  • Advertising opt-out;
  • Other privacy rights.

Clearly Identifying the Request

Users can help Opti-mized process a request efficiently by clearly stating the desired action.

For example:

  • “Please close my individual Opti-mized user account.”
  • “Please delete eligible Personal Information associated with my account.”
  • “I am an authorized administrator requesting closure of our organization's Opti-mized account.”

Combining Requests

A user may make multiple requests together.

For example:

  • Close account;
  • Delete eligible Personal Information;
  • Unsubscribe from marketing.

Separate Legal Treatment

Opti-mized may process different components separately because:

  • Different laws apply;
  • Different verification is required;
  • Different systems are involved.

Request Acknowledgment

Opti-mized may acknowledge receipt of an account closure or privacy request.

Processing Time

Requests will be processed within the timeframe required by applicable law where a statutory deadline applies.

For requests governed primarily by contract, timing may depend on:

  • Contract terms;
  • Technical complexity;
  • Customer coordination.

Complex Requests

Organization-level requests involving:

  • Multiple facilities;
  • Large historical datasets;
  • Multiple integrations;
  • Legal retention obligations

may require additional processing steps.

No Guaranteed Immediate Physical Deletion

Even after a valid request is approved, complete physical deletion from:

  • Active systems;
  • Replicas;
  • Backups;
  • Archives

may occur over time according to normal technical processes.

Access Termination May Occur First

User access may be terminated before every underlying data copy is removed.

Request Completion

A request may be considered operationally complete when:

  • Active access is terminated;
  • Eligible information has been removed from active use;
  • Remaining copies are restricted to permitted retention contexts.

Confirmation of Closure

Opti-mized may confirm that:

  • Account access has been closed;
  • Request has been processed.

No Detailed Disclosure of Internal Deletion Architecture

Opti-mized may provide reasonable information about deletion without revealing security-sensitive infrastructure details.

Request Records

The fact that an account was deleted may itself be retained as a limited compliance record.

Prevention of Reopening Deleted Accounts

Limited records may help ensure that deleted accounts are not unintentionally restored.

Reopening an Account

If a user later wishes to return to Opti-mized, a new account may need to be created.

Previously deleted information may not be recoverable.

Customer Reinstatement

If an entire customer account was suspended rather than deleted, reinstatement may be possible.

If it was permanently deleted, restoration may not be possible.

Data Recovery Is Not Guaranteed

Opti-mized does not guarantee recovery of information after permanent deletion.

Accidental Deletion

Customers should exercise care when submitting deletion requests.

Administrative Safeguards

Opti-mized may use:

  • Confirmation prompts;
  • Administrative approvals;
  • Verification steps

to reduce accidental deletion.

Customer Responsibility for Authorized Administrators

Customers should ensure that organization administrators are appropriately authorized because administrator requests may significantly affect customer data.

Customer Offboarding Procedures

Customers may wish to establish internal procedures for:

  • Removing users;
  • Exporting reports;
  • Preserving records;
  • Closing accounts.

Employee Departures

When an employee leaves, customers should promptly:

  • Remove user access;
  • Update administrator lists;
  • Update notification recipients.

Security of Closed Accounts

Closed accounts should no longer be available for ordinary login.

Revocation of Sessions

Opti-mized may invalidate active sessions associated with a closed account.

Authentication Tokens

Tokens associated with closed accounts may be revoked or expire.

API Credentials

Where an account controls API or integration credentials, closure may affect those credentials.

Integration Impact

Deleting or closing an account may interrupt:

  • API connections;
  • Customer integrations;
  • Automated exports.

Customers should consider these impacts.

Third-Party Integrations

Opti-mized may disconnect customer-authorized integrations as part of organization-level closure where appropriate.

Third-Party Data Already Received

Disconnecting an integration does not necessarily delete information previously received by the third party.

Independent Privacy Requests

Users may need to contact the third party separately.

Customer Data in Communication Systems

Emails concerning the user may remain in:

  • Business correspondence;
  • Support tickets;
  • Project records

where retention is permitted.

Customer Data in Internal Records

Limited account information may remain in:

  • Finance;
  • Legal;
  • Security;
  • Contract-management systems.

Data Minimization After Closure

Where possible and appropriate, Opti-mized may reduce retained information after closure.

For example, information may be:

  • Archived;
  • Restricted;
  • De-identified.

No Continued Use Beyond Permitted Purposes

Information retained after account closure will not necessarily continue to be used for all purposes available while the account was active.

Retained information may instead be limited to purposes such as:

  • Legal compliance;
  • Security;
  • Recordkeeping.

De-Identifying Historical Data

Where appropriate, Opti-mized may remove identifiers from historical information while preserving technical value.

Example

A closed account might have its:

  • User name;
  • Email;
  • Direct identifier

removed while anonymous or de-identified equipment-performance statistics remain available for broader analysis where permitted.

De-Identified Facility Data

De-identified facility data may remain useful for:

  • Benchmarking;
  • Reliability;
  • Product improvement.

Deletion of Customer Data Does Not Automatically Delete Aggregated Benchmarks

Where a customer's information has already contributed to a properly aggregated benchmark that no longer identifies the customer, deletion of the underlying customer account does not necessarily require deletion of the benchmark.

Statistical Reports

Similarly, historical aggregate statistics may remain after individual records have been deleted.

Data Requests and Artificial Intelligence

Deleting Customer Facility and Operational Data does not necessarily require deletion of generalized product improvements that no longer contain identifiable customer information.

No General-Purpose AI Training Rights Created by Retention

Retention or deletion practices do not change the limitations described elsewhere concerning use of identifiable customer information for unrelated third-party general-purpose AI training.

Account Deletion and Security Incidents

If an account is involved in an ongoing security incident, certain records may be preserved temporarily while the incident is investigated.

Security Preservation

Relevant logs may remain even if the user requests deletion.

Fraudulent Account Deletion Attempts

Opti-mized may delay or refuse an account closure request where there is a reasonable concern that the request is unauthorized.

Emergency Account Suspension

If a request appears suspicious, Opti-mized may suspend access while verification is completed.

Account Ownership Disputes

Where multiple parties dispute control of an account, Opti-mized may delay significant changes until authority can be reasonably established.

Organizational Disputes

This may occur during:

  • Employee departures;
  • Ownership changes;
  • Corporate disputes.

Legal Process

Opti-mized may comply with a lawful order affecting account information.

Government Requests

A lawful government request may require preservation of records that would otherwise be deleted.

Notification Restrictions

Opti-mized may be prohibited from informing the user of certain legal preservation obligations.

Legal Exceptions Override Routine Deletion

Where applicable law requires retention, Opti-mized may retain information despite an account deletion request.

Contractual Exceptions

Where a customer contract requires records to be maintained, Opti-mized may retain them to the extent legally permitted.

Privacy Law Prevails Where Required

Contractual provisions do not override mandatory privacy rights where the applicable law prohibits such limitation.

Account Deletion and Customer Confidentiality

Closed customer data remains subject to applicable confidentiality obligations while retained.

Security After Closure

Retained information remains subject to appropriate safeguards.

Account Closure Does Not Make Information Public

Information does not become public merely because an account has been closed.

Account Deletion Does Not Transfer Ownership

Retaining limited customer information after closure does not transfer ownership of Customer Facility and Operational Data to Opti-mized.

Ownership Provisions Continue

Customer data rights remain subject to Section 7 and applicable agreements.

Requesting Information Before Closing an Account

Users may request information about:

  • Retention;
  • Export;
  • Deletion

before deciding whether to close an account.

Customer Support

Questions about account closure may be sent to:

info@opti-mized.com

Privacy Questions

Questions specifically concerning Personal Information deletion may also be sent to:

info@opti-mized.com

Request Records and Contact Information

Opti-mized may retain the email used to submit a deletion request where necessary to document compliance.

No Fee for Ordinary Account Closure

Opti-mized does not generally intend to charge an individual user merely for closing their user account.

Customer-level termination charges or contractual fees, if any, are governed by the applicable commercial agreement rather than this Privacy Policy.

Contract Termination Fees

Account closure under a commercial contract does not necessarily eliminate:

  • Outstanding invoices;
  • Contractual payment obligations;
  • Early termination provisions.

Privacy deletion rights and contractual financial obligations are separate.

Outstanding Payments

Opti-mized may retain billing records necessary to collect or document amounts lawfully owed.

Refunds

Account closure does not automatically create a right to a refund.

Refund rights are governed by:

  • Applicable purchase terms;
  • Contracts;
  • Law.

Hardware Returns

Where hardware must be returned following service termination, return obligations are governed by:

  • Customer agreement;
  • Product terms.

Data Deletion Before Hardware Return

Information may be de-associated or removed from returned hardware where appropriate.

Customer Network Credentials

Where devices have stored configuration information related to customer networks, Opti-mized may remove or reset such information as part of device return, reuse, or decommissioning where appropriate.

Device Reuse

Hardware prepared for reuse may undergo reset or reconfiguration processes intended to prevent disclosure of prior customer information.

Permanent Hardware Decommissioning

Retired hardware may be securely disposed of according to appropriate procedures.

Customer Copies of Configuration Data

Customers should securely remove information from their own local systems if it is no longer required.

Organization-Level Offboarding

A complete customer offboarding process may include:

  • User removal;
  • Hardware disposition;
  • Final data export;
  • Account closure;
  • Billing completion;
  • Data-retention handling.

Not Every Step Applies to Every Customer

The precise offboarding process may vary depending on:

  • Product;
  • Contract;
  • Hardware arrangement;
  • Customer configuration.

Data Request History

Opti-mized may maintain records of customer export, deletion, or closure requests.

Audit Trail

An audit trail may help demonstrate:

  • Who requested deletion;
  • When it was approved;
  • What action was taken.

Internal Approval

High-impact organization-level deletion may require internal approval.

Accidental Deletion Prevention

Approval processes can help prevent mistakes that would cause permanent loss.

User Interface Deletion Controls

If Opti-mized later provides self-service deletion within the platform, the interface may require:

  • Confirmation;
  • Reauthentication;
  • Administrator permission.

Delayed Deletion

Opti-mized may use a short pending-deletion state where appropriate to:

  • Prevent accidental deletion;
  • Permit recovery before permanent deletion.

The availability and duration of such functionality, if any, may vary.

Immediate Security Closure

Where security risk is involved, access may be disabled immediately while permanent deletion is handled separately.

Data Requests From Law Enforcement or Regulators

Account closure does not prevent lawful government access to records Opti-mized is required to retain.

Regulatory Audits

Certain records may remain available for regulatory inspection where required.

Public Procurement Records

Government contracts may require retention of certain records even after a customer account ends.

Grant Records

Projects involving public funding may require retention of:

  • Reports;
  • Invoices;
  • Supporting documentation;
  • Measurement information.

Customer Deletion Requests May Not Override Grant Requirements

Where Opti-mized is legally or contractually required to preserve records for a funding program, those records may remain.

Data Requests and Insurance

Records may remain if relevant to:

  • Insurance claims;
  • Cybersecurity incidents;
  • Liability matters.

Legal Counsel

Certain account or deletion records may be maintained by legal advisers.

Attorney-Client Privilege

Privileged records may be exempt from certain access or deletion requirements where permitted by law.

Requests Concerning Legal Records

Opti-mized may decline to delete or disclose legally privileged information where applicable law permits.

Technical Limitations

Certain legacy or technical systems may not support immediate record-level deletion.

Where this occurs, information may be:

  • Restricted;
  • Isolated;
  • Scheduled for deletion

according to appropriate processes.

Reasonable Technical Measures

Opti-mized may use reasonable technical methods available for the applicable storage environment.

Data Replication

Information may exist in replicated systems for:

  • Reliability;
  • Availability.

Deletion may need to propagate through multiple copies.

Synchronization Delay

A deleted record may temporarily remain visible in some internal systems while deletion changes synchronize.

Caches

Temporary cached copies may remain until cache expiration.

Logs

Logs may maintain historical references to deleted records.

Deletion of Identifiers From Logs

Where appropriate, identifiers may be:

  • Removed;
  • Masked;
  • Retained under applicable legal exceptions.

Complete Historical Removal May Affect System Integrity

In some cases, deleting a historical event would make:

  • Audit records inaccurate;
  • Security records incomplete.

Opti-mized may instead retain the event while removing unnecessary Personal Information where appropriate.

Data Integrity

Deletion processes may be designed to preserve:

  • Accuracy;
  • Referential integrity;
  • System stability.

Anonymization Instead of Deletion

Where legally permitted, deletion may be satisfied in some contexts through irreversible anonymization.

De-Identification Is Not Always the Same as Deletion

Where information remains reasonably linkable to an individual, it may still be Personal Information.

Accordingly, Opti-mized will not necessarily treat simple pseudonymization as complete deletion where applicable law requires stronger removal.

Customer-Level Anonymization

Where a customer requests that its identity be removed from historical analytical information, Opti-mized may evaluate whether de-identification is an appropriate alternative.

Privacy Rights Remain Subject to Applicable Law

The precise action required for a deletion request depends on:

  • Applicable jurisdiction;
  • Information category;
  • Legal role;
  • Exceptions.

U.S. Privacy Requests

U.S. users should also review Section 17.

Canadian Privacy Requests

Canadian users should also review Section 16.

General Privacy Rights

General rights are described in Section 15.

Retention

Section 13 provides additional information concerning how long data may remain.

Security

Section 14 explains how information is protected while retained.

Data Location

Section 12 explains where information may be stored or processed.

Contact Information

For account closure, deletion, access, correction, export, or other data requests, contact:

Opti-mized Solutions Inc.

Email: info@opti-mized.com

Summary of Account Deletion and Data Requests

At a high level:

  • Users may request closure of an individual Opti-mized account;
  • Authorized customer representatives may request closure of organization-level accounts;
  • Where available, users may use platform account-management tools to update certain information;
  • Users may request deletion of eligible Personal Information where applicable;
  • Individual user deletion does not necessarily require deletion of the customer organization's underlying Facility Data;
  • Customer-level deletion requests may require administrator authorization;
  • Opti-mized may verify identity or authority before processing significant requests;
  • Users and customers may wish to export information before irreversible deletion;
  • Deletion may affect historical analytics, reports, baselines, and measurement and verification;
  • Account closure does not necessarily result in immediate deletion from every backup, archive, or legal record;
  • Certain information may be retained for tax, accounting, security, legal, contractual, fraud-prevention, audit, or dispute-resolution purposes;
  • Deleted information may remain temporarily in backups until normal backup cycles expire;
  • Information lawfully provided to customers, government agencies, payment providers, consultants, or other independent third parties may remain in those parties' systems;
  • De-identified, anonymized, or aggregated information may be retained for longer periods where permitted;
  • Generalized product improvements that no longer identify a user or customer may remain after deletion;
  • Account closure does not automatically cancel outstanding contractual obligations;
  • Individual user account closure is different from organization-level customer termination;
  • Customer hardware may continue operating after an individual user's account is closed;
  • Privacy deletion requests are distinct from marketing unsubscribe, cookie preferences, advertising opt-outs, and contractual data exports;
  • Users may submit multiple requests together by clearly identifying each requested action;
  • Opti-mized may retain limited records of privacy and deletion requests to demonstrate compliance and preserve opt-out preferences;
  • Once information is permanently deleted, recovery may not be possible.

Opti-mized's objective is to provide users and customers with practical mechanisms to manage their accounts and exercise applicable data rights while protecting against unauthorized deletion, preserving legitimate customer organizational data, complying with legal and contractual obligations, maintaining security and audit integrity, and avoiding unnecessary retention of identifiable Personal Information.

Requests concerning account closure or Personal Information may be submitted to:

info@opti-mized.com
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19

Use by Minors

In short: Opti-mized is designed mainly for businesses and facilities, not as a consumer product for children. Where the law sets special requirements for minors’ information, we intend to apply them.

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Opti-mized is primarily designed for use in connection with commercial facilities, municipal facilities, institutional buildings, organizations, businesses, public-sector entities, contractors, consultants, and the individuals who operate, manage, maintain, evaluate, or support those facilities and organizations.

Our products and services are not designed primarily as consumer products for children.

We do not use this Privacy Policy to impose a general minimum age requirement on every individual who may interact with Opti-mized.

However, privacy laws may impose special requirements when Personal Information relating to children or other minors is collected, used, disclosed, sold, shared, retained, or otherwise processed.

Where applicable law requires parental consent, guardian authorization, consent from the minor, age-specific privacy protections, restrictions on advertising, restrictions on profiling, or other safeguards before Personal Information relating to a minor may be processed, Opti-mized intends to process that information only as permitted by applicable law.

The applicable requirements may depend on factors such as:

  • The age of the individual;
  • The individual's jurisdiction;
  • Whether Opti-mized has actual knowledge of the individual's age;
  • Whether the applicable website, platform, application, or service is directed to children;
  • The type of Personal Information involved;
  • The purpose of processing;
  • Whether the individual is using Opti-mized independently or through an organization;
  • Whether a parent, guardian, school, municipality, employer, or other organization is involved;
  • Whether consent or another form of authorization is legally required;
  • Applicable federal, state, provincial, or other law.

Opti-mized Is Primarily a Business and Facility Service

Opti-mized's products are designed primarily to help organizations understand and improve facility performance.

Typical Opti-mized users may include:

  • Facility personnel;
  • Municipal personnel;
  • Building operators;
  • Business owners;
  • Property representatives;
  • Energy professionals;
  • Contractors;
  • Consultants;
  • Customer administrators;
  • Other authorized organizational users.

Our core platform is not designed as a social network, gaming service, children's entertainment service, educational game, or other online service whose primary audience is children.

No General Age Restriction Created by This Privacy Policy

This Privacy Policy does not establish a blanket rule that every Opti-mized user must be:

  • 13 years of age;
  • 16 years of age;
  • 18 years of age;
  • Another specific age.

The legally appropriate treatment of minors depends on the service, context, jurisdiction, and applicable law.

For example, a young person may encounter Opti-mized in a legitimate context such as:

  • A school facility;
  • A municipal program;
  • A supervised educational demonstration;
  • A workplace training environment;
  • A customer-authorized project.

The fact that a person is a minor does not necessarily mean that all interaction with Opti-mized is prohibited.

However, any collection or processing of Personal Information relating to that person must comply with applicable legal requirements.

Children Under 13 in the United States

The federal Children's Online Privacy Protection Act (“COPPA”) and the FTC's COPPA Rule impose special requirements on operators of commercial websites or online services directed to children under 13 and on certain general-audience services that have actual knowledge that they are collecting Personal Information online from a child under 13.

Where COPPA applies, covered operators generally must provide required notice and, subject to limited exceptions, obtain verifiable parental consent before collecting Personal Information online from a child under 13.

Opti-mized's ordinary products and services are not designed or marketed primarily to children under 13.

General-Audience Services

COPPA does not require operators of ordinary general-audience services to investigate the age of every visitor simply because a child might access the service.

However, the FTC explains that a general-audience operator can become subject to COPPA obligations if it obtains actual knowledge that it is collecting Personal Information online from a child under 13.

Accordingly, Opti-mized does not necessarily conduct age verification for every visitor or business user unless:

  • Required by applicable law;
  • Appropriate for a particular service;
  • Necessary because of information we have received;
  • Otherwise appropriate to the circumstances.

Actual Knowledge

If Opti-mized becomes aware that it is processing Personal Information online from a child under 13 in circumstances where COPPA applies, we may take appropriate action.

Depending on the circumstances, this may include:

  • Limiting further processing;
  • Requesting appropriate parental or guardian authorization;
  • Removing or deleting Personal Information;
  • Disabling an account;
  • Restricting functionality;
  • Taking another action required or permitted by law.

No Intentional Circumvention

Opti-mized does not intend to knowingly structure its services to evade legally applicable child-privacy protections.

Where we have information establishing that a particular user is subject to age-specific privacy protections, we may apply additional safeguards as appropriate.

Verifiable Parental Consent

Where applicable law requires parental consent, Opti-mized may use a method reasonably designed to verify that consent was provided by the child's parent or legal guardian.

COPPA, for example, generally requires a method reasonably designed in light of available technology to ensure that the person providing consent is the child's parent.

The specific verification method may depend on:

  • Applicable law;
  • Information involved;
  • Product;
  • Risk;
  • Available technology.

Parent or Guardian Verification

Where appropriate, Opti-mized may request information reasonably necessary to verify that a person claiming to act as a parent or guardian is authorized to do so.

We seek to avoid collecting unnecessary sensitive information solely for verification.

Verification Information

Information collected solely to verify age or parental authority may be subject to:

  • Purpose limitations;
  • Security measures;
  • Retention limitations;
  • Other requirements under applicable law.

In February 2026, the FTC issued a COPPA policy statement concerning certain age-verification technologies used by general-audience and mixed-audience services, emphasizing limits on use, disclosure, retention, and security of information collected solely for age verification.

Parental Rights

Where applicable law provides parents or guardians with rights concerning a child's Personal Information, Opti-mized may provide appropriate mechanisms to exercise those rights.

Depending on applicable law, these may include the ability to:

  • Review Personal Information concerning the child;
  • Request correction;
  • Request deletion;
  • Withdraw consent;
  • Prevent further collection;
  • Prevent certain disclosures;
  • Exercise other legally available rights.

COPPA, for example, provides parents with rights relating to access, deletion, and preventing further use or collection of a child's Personal Information.

Requests From Parents or Guardians

A parent or guardian may contact:

info@opti-mized.com

with a request concerning Personal Information relating to a minor.

The request should provide enough information to help Opti-mized understand:

  • The minor involved;
  • The relevant account or service;
  • The relationship of the requester to the minor;
  • The nature of the requested action.

Please do not include unnecessary sensitive information in the initial request.

Verification of Authority

Before disclosing, deleting, correcting, or otherwise acting on Personal Information relating to a minor, Opti-mized may verify:

  • Identity of the requester;
  • Parent or guardian status;
  • Authority to make the request;
  • Relevant customer relationship.

Fraud Prevention

Verification is important because unauthorized individuals should not be able to:

  • Obtain information about a minor;
  • Delete a minor's information;
  • Change a minor's account;
  • Exercise parental rights without proper authority.

Teenagers

COPPA generally focuses on children under 13 and does not by itself establish the same federal parental-consent framework for teenagers.

However, state laws may provide additional protections for teenagers and other minors.

Those protections may address matters such as:

  • Sale of Personal Information;
  • Sharing of Personal Information;
  • Targeted advertising;
  • Profiling;
  • Sensitive data;
  • Consent;
  • Online design practices;
  • Other processing.

Accordingly, reaching age 13 does not necessarily mean that all child- or minor-specific privacy protections cease to apply.

California Minors

California law provides particular protections relating to sale and sharing of Personal Information concerning consumers under 16 where the CCPA applies.

Under current California regulations, a covered business with actual knowledge that it sells or shares the Personal Information of a consumer who is at least 13 and under 16 must maintain a process allowing the consumer to opt in before that sale or sharing occurs.

For children under 13, qualifying consent generally must be provided by a parent or guardian.

Opti-mized Sale and Sharing Practices

As explained elsewhere in this Privacy Policy:

Opti-mized does not sell Personal Information for monetary compensation.

Certain public-website advertising technologies may potentially qualify as “sale” or “sharing” under broad state-law definitions.

Where Opti-mized has actual knowledge that age-specific restrictions apply, we intend to apply the legally required controls.

No Intentional Sale of Minors' Facility-Related Information

Opti-mized does not intend to sell identifiable Personal Information relating to minors for monetary compensation.

We also do not intend to use detailed Customer Facility and Operational Data concerning:

  • Electrical measurements;
  • Equipment runtime;
  • Equipment cycling;
  • Utility information;
  • Facility Intelligence Data to create advertising profiles of minors.

Targeted Advertising to Minors

Certain U.S. state laws provide enhanced restrictions concerning targeted advertising involving minors.

Where an applicable law prohibits or restricts targeted advertising based on Personal Information relating to a minor, Opti-mized intends to comply with the applicable requirement.

Public Website Advertising

Opti-mized may use advertising technologies on public marketing websites as described in Sections 9 and 10.

Where an age-specific advertising restriction applies and Opti-mized has the legally relevant knowledge concerning age, we may:

  • Disable relevant advertising processing;
  • Require consent;
  • Apply another legally required mechanism.

Colorado Minor Protections

Colorado has amended its privacy framework to provide additional protections relating to minors' online activity.

Colorado's Attorney General notes that amendments signed in 2024 strengthened Personal Data protections for minors under the Colorado Privacy Act.

Where those provisions apply to Opti-mized, we intend to process Personal Information relating to minors in accordance with applicable Colorado requirements.

Other State Minor Privacy Laws

Other U.S. states may impose additional requirements concerning:

  • Children;
  • Teenagers;
  • Age assurance;
  • Advertising;
  • Profiling;
  • Sensitive data;
  • Social media;
  • Online design.

Because state law continues to develop, Opti-mized may update its minor-related privacy practices as applicable requirements evolve.

Canada and Minors

Canadian privacy law may also require special consideration when obtaining consent from minors.

Whether a minor is capable of providing meaningful consent may depend on:

  • Age;
  • Maturity;
  • Nature of the information;
  • Sensitivity;
  • Complexity of the processing;
  • Applicable law.

Where parental or guardian consent is required under applicable Canadian law, Opti-mized intends to obtain appropriate authorization before engaging in the relevant processing.

No Universal Canadian Age Threshold Stated Here

Canadian privacy requirements do not necessarily operate through one universal age threshold for every form of private-sector data processing.

Accordingly, Opti-mized does not use this Privacy Policy to impose a blanket Canadian age rule that might be inaccurate in a particular jurisdiction or context.

European and Other Jurisdictions

Other countries may establish their own:

  • Digital-consent ages;
  • Parental authorization requirements;
  • Minor privacy protections;
  • Advertising restrictions.

Where Opti-mized provides services in those jurisdictions and the applicable requirements apply to us, we may implement the appropriate legal safeguards.

Organizational Use by Minors

A minor may encounter Opti-mized through an organization rather than signing up independently.

For example, a minor might interact with Opti-mized through:

  • A school;
  • Educational program;
  • Municipality;
  • Internship;
  • Training program;
  • Supervised facility tour;
  • Research project.

In those circumstances, privacy responsibilities may involve both:

  • Opti-mized;
  • The organization.

Customer Responsibility

Organizations that provide Opti-mized access to minors should ensure they have the authority necessary to do so.

Depending on the circumstances, the customer may be responsible for:

  • Obtaining parent or guardian permission;
  • Providing required notices;
  • Controlling user access;
  • Limiting what information is provided;
  • Following applicable education, employment, or public-sector requirements.

School and Educational Environments

Opti-mized may be installed in facilities that include:

  • Schools;
  • Colleges;
  • Universities;
  • Training centers;
  • Educational institutions.

The fact that Opti-mized equipment is installed at a school does not necessarily mean Opti-mized collects Personal Information about students.

Facility Data in Schools

Opti-mized may collect information concerning:

  • Electrical equipment;
  • HVAC;
  • Lighting;
  • Pumps;
  • Building systems;
  • Facility energy use.

This information generally relates to:

  • The facility;
  • Equipment;
  • Operational performance rather than individual students.

No Student Monitoring Purpose

Opti-mized's facility-intelligence systems are not generally designed to monitor:

  • Student behavior;
  • Student attendance;
  • Academic performance;
  • Personal communications;
  • Personal educational records.

School Records

If an educational customer uploads documents that contain student Personal Information, additional privacy requirements may apply.

Customers should avoid uploading unnecessary student information into Opti-mized systems.

Educational Privacy Laws

Depending on the circumstances, educational institutions may be subject to separate federal or state laws governing student records.

This Privacy Policy does not attempt to describe every educational privacy law.

Where customer-specific legal requirements apply, they may be addressed through:

  • Customer agreements;
  • Data-processing terms;
  • Additional notices.

Municipal Programs Involving Minors

A municipality may use Opti-mized in facilities that serve minors, including:

  • Recreation centers;
  • Libraries;
  • Community facilities;
  • Arenas;
  • Pools.

That does not mean Opti-mized is intended to collect Personal Information about children using those facilities.

The core purpose remains analysis of:

  • Facility energy;
  • Equipment;
  • Building operation.

Incidental Presence of Minors

A minor may incidentally appear in:

  • A facility photograph;
  • Support screenshot;
  • Uploaded document.

Where this occurs, Opti-mized may process the information as part of the relevant customer submission.

Avoiding Incidental Personal Information

Customers should, where reasonably practicable, avoid including identifiable people in facility photographs where identification is unnecessary.

For example, a photograph intended to document:

  • An electrical panel;
  • MCC;
  • Switchgear;
  • Equipment.

generally does not need to include identifiable individuals.

Facility Photographs

If a photograph includes a minor incidentally, Opti-mized may:

  • Retain it where necessary for the facility purpose;
  • Remove it where appropriate;
  • Blur or otherwise reduce identifiability where technically appropriate;
  • Respond to a valid privacy request where legally required.

Uploaded Documents

Customers should avoid uploading documents containing unnecessary Personal Information relating to minors.

Examples may include:

  • Student lists;
  • Medical information;
  • Identification documents;
  • Personal contact details.

unless that information is legitimately necessary and legally permitted.

Energy and Operational Data

Energy and Operational Data is generally associated with:

  • Circuits;
  • Electrical panels;
  • Equipment;
  • Buildings.

It is not generally collected for the purpose of identifying minors.

Occupancy Inferences

Certain facility patterns could potentially correspond indirectly with:

  • Occupancy;
  • Building schedules;
  • General activity.

Opti-mized does not generally use such information for the purpose of identifying the activities of individual minors.

Facility Intelligence Data

Facility Intelligence Data may include:

  • Equipment runtime;
  • Energy Loss findings;
  • Demand analysis;
  • Equipment-performance indicators.

These outputs generally relate to facilities rather than children.

Account Creation by a Minor

If a minor attempts to create an Opti-mized account independently, the appropriate response may depend on:

  • Age;
  • Jurisdiction;
  • Applicable law;
  • Customer relationship.
  • Opti-mized may:
  • Permit account creation where lawful;
  • Require organizational authorization;
  • Require parental or guardian authorization;
  • Restrict account creation;
  • Take another action appropriate to the circumstances.

Organization-Issued Accounts

An account may be created for a person by:

  • Employer;
  • School;
  • Municipality;
  • Other customer organization.

Where the individual is a minor, the organization should ensure it has the legal authority necessary to create or authorize the account.

Age Information

Opti-mized does not necessarily request a user's date of birth as part of ordinary business account registration.

Avoiding unnecessary collection of age information may reduce collection of Personal Information that is not relevant to facility services.

Age Verification

Where age verification is legally required, Opti-mized may introduce age-verification mechanisms appropriate to the circumstances.

Age Verification Data

Age-verification information may itself be sensitive.

Where collected, Opti-mized may seek to:

  • Limit its use;
  • Limit retention;
  • Restrict access;
  • Protect it appropriately.

Age Estimation

Opti-mized does not necessarily use automated age-estimation technologies.

If such technologies are introduced, applicable:

  • Privacy;
  • Accuracy;
  • Consent;
  • Transparency.

requirements may be considered.

No Requirement to Collect Birth Dates Unnecessarily

Opti-mized does not intend to collect date of birth from every business user merely because minor privacy laws exist.

Learning That a User Is a Minor

Opti-mized may learn that a user is a minor through:

  • Account information;
  • Customer communication;
  • Parent communication;
  • Support request;
  • Other reliable information.

Once Opti-mized has legally relevant knowledge of the user's age, additional privacy controls may apply.

False Age Information

A user may provide inaccurate age information.

Opti-mized cannot necessarily determine that an age statement is false without additional information.

Where the law does not require general age investigation, Opti-mized may rely on available information unless circumstances indicate otherwise.

Parental Notification

Where required, Opti-mized may provide a parent or guardian with information regarding:

Categories of information collected;

  • Purposes;
  • Disclosure;
  • Rights;
  • Consent.

Withdrawal of Parental Consent

Where processing depends on parental consent, a parent or guardian may be permitted to withdraw consent.

Withdrawal may affect the minor's ability to continue using the relevant service.

Deletion Following Withdrawal

Where required, withdrawal may result in deletion of Personal Information relating to the minor, subject to legally permitted exceptions.

Legal Retention Exceptions

Certain information may remain where retention is:

  • Required by law;
  • Necessary for security;
  • Necessary to document consent;
  • Necessary to respond to a legal claim;
  • Otherwise permitted.

Parent Access Does Not Automatically Include Customer Data

A parent's privacy rights concerning their child do not necessarily give the parent access to all confidential information belonging to:

  • The child's school;
  • Municipality;
  • Employer;
  • Another customer organization.

The scope of a request may need to distinguish between:

  • Personal Information about the child;
  • Organizational Facility Data.

Minors and Marketing Communications

Opti-mized does not generally design its marketing programs to target children.

Marketing is primarily directed toward:

  • Businesses;
  • Municipalities;
  • Facility professionals;
  • Commercial decision-makers;
  • Organizational users.

Email Marketing to Minors

If Opti-mized becomes aware that a marketing recipient is a minor and applicable law requires additional consent or restrictions, we may:

  • Stop marketing;
  • Request appropriate consent;
  • Apply other required controls.

SMS Marketing to Minors

Promotional SMS communications may be subject to:

  • Consent;
  • Age-related;
  • Telecommunications
  • requirements.

Opti-mized does not intend to send marketing texts to minors where legally prohibited.

Behavioral Advertising

Opti-mized does not intend to build behavioral advertising profiles from detailed facility data relating to minors.

Sale and Sharing

Sections 10 and 17 provide additional information concerning sale, sharing, and targeted advertising.

Age-specific restrictions may apply in addition to the general rights described there.

Profiling

Opti-mized's analytical profiling generally concerns:

  • Equipment;
  • Facility performance;
  • Energy use.
  • It is not designed to profile children for:
  • Education decisions;
  • Employment decisions;
  • Credit decisions;
  • Behavioral advertising.

Sensitive Information Relating to Minors

Where applicable law treats children's Personal Information as sensitive, Opti-mized may apply additional requirements appropriate to the jurisdiction.

Precise Geolocation of Minors

Opti-mized does not generally operate as a service for tracking the precise real-time location of minors.

Facility location information is generally associated with:

  • Customer buildings;
  • Installations;
  • Service locations.

Biometric Information

Opti-mized's ordinary products are not designed to collect children's:

  • Facial recognition templates;
  • Fingerprints;
  • Voiceprints;
  • Other biometric identifiers

for identity-recognition purposes.

Medical Information

Opti-mized does not need children's medical information to provide ordinary facility-intelligence services.

Customers should not upload such information unless specifically necessary and legally appropriate.

Government Identification Information

Opti-mized generally does not need minors':

  • Social Security numbers;
  • Passport numbers;
  • Driver's licence numbers.
  • for facility-intelligence services.

Data Minimization

Where Personal Information relating to a minor is processed, Opti-mized may seek to limit collection to information reasonably necessary for the relevant purpose.

Avoiding Unnecessary Collection

If a facility-analysis task can be completed without Personal Information relating to a minor, such information generally should not be collected merely because it is available.

Retention of Minors' Personal Information

Personal Information relating to minors should not be retained longer than reasonably necessary for the purposes for which it is lawfully processed, subject to:

  • Legal requirements;
  • Contractual obligations;
  • Security;
  • Other permitted purposes.

COPPA Retention

COPPA imposes requirements concerning retention and deletion of children's Personal Information by covered operators.

Opti-mized will apply such requirements where COPPA applies.

Account Deletion

A parent, guardian, authorized organization, or minor with applicable legal rights may request deletion of eligible information.

Deletion requests may be submitted to:

info@opti-mized.com

Deletion From Backups

Information deleted from active systems may remain temporarily in backups in accordance with the retention practices described in Section 13 and applicable law.

Security

Personal Information relating to minors is subject to the security principles described in Section 14.

Additional Care

Where information relating to minors is considered more sensitive, Opti-mized may apply additional safeguards appropriate to:

  • Risk;
  • Law;
  • Context.

Service Providers

Service providers may process Personal Information relating to minors on Opti-mized's behalf only where appropriate to the applicable service and legal framework.

Provider Selection

Where a provider will process information concerning minors, Opti-mized may consider:

  • Security;
  • Data use;
  • Retention;
  • Advertising practices;
  • Contractual protections.

Advertising Service Providers

If applicable law restricts advertising providers from processing a minor's Personal Information, Opti-mized intends to apply required restrictions.

General-Purpose Artificial Intelligence

Opti-mized does not intend to provide identifiable Personal Information relating to minors to unrelated third parties merely for training their unrelated general-purpose artificial intelligence models.

AI Features

If AI functionality processes information relating to a minor, Opti-mized may evaluate:

  • Necessity;
  • Data minimization;
  • Provider restrictions;
  • Applicable consent requirements;
  • Legal obligations.

Customer Responsibility for AI Submissions

Customers should not submit Personal Information about minors into optional AI-enabled functionality unless they have appropriate authority and the information is necessary for the intended purpose.

Security Incidents Involving Minors

If a security incident affects Personal Information relating to a minor, additional notification or legal requirements may apply.

Opti-mized will evaluate applicable obligations based on:

  • Jurisdiction;
  • Age;
  • Information involved;
  • Risk;
  • Applicable law.

Parent or Guardian Notification Following an Incident

Where legally required, notification concerning a child's Personal Information may need to be provided to:

  • Parent;
  • Guardian;
  • Customer organization;
  • Regulator;
  • Other required person.

Customer Notification

Where Opti-mized processes information on behalf of an organization, the organization may have responsibility for certain notifications.

Privacy Requests From Minors

A minor may independently have privacy rights under applicable law.

Depending on:

  • Age;
  • Jurisdiction;
  • Right being exercised.

Opti-mized may permit the minor to submit a request directly.

Verification of a Minor's Request

Where appropriate, Opti-mized may verify:

  • Identity;
  • Age;
  • Account relationship.

Parental Involvement

Certain requests may require parental or guardian involvement.

Others may legally be exercised by the minor directly.

Conflicting Requests

In some circumstances:

  • A parent;
  • Minor;
  • Customer organization may provide conflicting instructions.

Opti-mized may evaluate:

  • Applicable law;
  • Custody or guardian authority;
  • Customer relationship;
  • Data ownership;
  • Nature of information before taking action.

Legal Guardians

Where a legal guardian acts on behalf of a minor, Opti-mized may request reasonable evidence of guardian authority.

Custody Disputes

Opti-mized may decline to make sensitive account changes where parental authority is disputed until appropriate authorization can be established.

Educational Organization Authority

A school or educational institution may have legal authority to authorize certain processing in limited circumstances.

The exact rules depend on:

  • Law;
  • Purpose;
  • Nature of the service.

Opti-mized does not assume that school authorization automatically replaces parental consent in every situation.

Municipal Authority

Similarly, a municipality cannot necessarily waive every privacy right of a minor merely because the minor uses a municipal facility.

Employment Context

Certain minors may legally work for:

  • Businesses;
  • Municipalities;
  • Other organizations.

A minor employee might therefore be provided access to Opti-mized as part of legitimate employment duties.

Applicable:

  • Employment;
  • Privacy;
  • Consent rules may still apply.

Workplace Accounts for Minors

A customer employing a minor should determine whether the individual may appropriately be provided:

  • Account access;
  • Facility information.

Internships

Students participating in internships or co-op programs may use Opti-mized under organizational supervision.

Training Environments

Opti-mized may be demonstrated in:

  • Technical training;
  • Energy education;
  • Facility-management training.

Use in an educational demonstration does not necessarily require collection of Personal Information.

Demonstration Accounts

Where possible, demonstrations involving minors may use:

  • Sample data;
  • Synthetic data;
  • De-identified data rather than identifiable participant information.

Research

Research involving minors can trigger additional ethical and legal considerations.

Opti-mized does not intend to use minors' Personal Information for research unrelated to the service without appropriate authorization.

Surveys

  • If Opti-mized conducts surveys that involve minors, applicable:
  • Consent;
  • Notice;
  • Data-minimization requirements may apply.

Testimonials

Opti-mized does not intend to publicly use an identifiable minor's:

  • Name;
  • Image;
  • Testimonial.

for marketing without appropriate authorization where required.

Photographs Used in Marketing

A facility photograph containing an identifiable minor should not automatically be used in public marketing simply because the image was provided for technical purposes.

Marketing use would be a separate purpose that may require authorization.

Customer Case Studies

Where a case study involves an educational or youth-serving facility, Opti-mized may seek to avoid identifying individual minors.

Public-Sector Images

Photographs provided by municipalities or schools may contain members of the public.

Opti-mized may consider whether identifiable individuals need to be removed before public marketing use.

Minors and Social Media

Opti-mized may maintain social media accounts intended primarily for business and professional audiences.

If minors interact with those accounts, the social media platform may independently process their information under its own privacy practices.

Third-Party Platforms

Opti-mized does not control age or privacy settings maintained by:

  • Google;
  • Meta;
  • LinkedIn;
  • Other platforms.

Independent Third Parties

A parent or minor may need to contact an independent third party directly concerning information controlled by that third party.

Links to Third-Party Sites

Opti-mized websites may contain links to external resources.

The privacy practices of those sites are governed by their own policies.

Account Credentials

Minors who are authorized to use Opti-mized should protect:

  • Passwords;
  • Login information.

Shared Credentials

Authorized minors should not share account credentials with other students, friends, or unauthorized individuals.

Customer Supervision

Where a minor uses Opti-mized through an organization, the organization may be responsible for appropriate:

  • Supervision;
  • Access control;
  • User management.

Administrative Permissions

Minors generally should not be granted broader administrative access than necessary for the legitimate purpose.

Data Exports

A minor user's ability to export sensitive customer information may be restricted based on:

  • Customer permissions;
  • Role.

Facility Security

Customer facility information may contain commercially or operationally sensitive information.

Minor status does not eliminate the need to protect that information.

Account Removal

Customers should remove a minor's organizational access when:

  • Internship ends;
  • Employment ends;
  • Program ends;
  • Access is no longer required.

Historical Account Records

Certain historical records may remain following account removal for:

  • Security;
  • Audit;
  • Legal purposes.

Right to Correct Age Information

If Opti-mized maintains inaccurate age-related information about an individual, the individual, parent, guardian, or authorized representative may request correction where applicable.

Age Data Should Be Accurate Where Used

Where Opti-mized relies on age information to apply privacy controls, inaccurate age information may affect:

  • Consent requirements;
  • Advertising restrictions.

Avoiding Age-Based Overcollection

Opti-mized does not intend to collect extensive identity documentation from all users simply to determine whether they are adults.

Privacy-Preserving Age Assurance

Where age assurance is required, Opti-mized may consider methods designed to reduce unnecessary collection.

Changes in Child Privacy Law

Privacy laws affecting children and teenagers are changing rapidly.

Future laws or regulations may modify:

  • Age thresholds;
  • Consent requirements;
  • Age-verification standards;
  • Advertising restrictions;
  • Profiling restrictions;
  • Design requirements;
  • Data-retention requirements.

Opti-mized may update this section as applicable law develops.

FTC COPPA Developments

The FTC continues to administer and update the COPPA framework.

The FTC's COPPA Rule page identifies the rule as applying to child-directed online services and general-audience services with actual knowledge of collection from children under 13.

Opti-mized may modify its practices if applicable COPPA requirements change.

State-Law Developments

States may establish child protections beyond COPPA.

Accordingly, compliance with COPPA alone does not necessarily resolve every legal obligation concerning minors.

Jurisdiction-Specific Requirements

Opti-mized may provide additional notices or controls for particular jurisdictions where required.

Supplemental Notices

A minor-specific or jurisdiction-specific notice may supplement this Privacy Policy.

No Waiver of Mandatory Rights

Nothing in this section is intended to waive or limit protections that applicable law requires for minors.

No Expansion Beyond Applicable Law

Conversely, describing a potential child privacy right does not necessarily mean the right applies in every jurisdiction or context.

Questions From Parents or Guardians

Parents or guardians with questions about Opti-mized's handling of a minor's Personal Information may contact:

info@opti-mized.com

What to Include in a Request

It may be helpful to provide:

  • Name of the parent or guardian;
  • Name of the minor where necessary;
  • Relevant organization;
  • Relevant account;
  • Description of the concern.

Please do not send unnecessary identification documents unless requested through an appropriate verification process.

Requests Concerning Facility Information

If a parent requests information concerning a minor but the requested record is primarily customer Facility Data, Opti-mized may need to determine:

Whether the record actually contains the minor's Personal Information;

Whether the customer controls the record;

Whether the parent has a legal access right.

Requests Concerning School Data

Requests involving school-controlled records may need to be coordinated with the educational institution.

Requests Concerning Municipal Data

Requests involving municipal records may similarly need to be coordinated with the municipality.

Contacting the Customer

Where appropriate, Opti-mized may refer a request to the organization responsible for the Personal Information.

Processor or Service-Provider Role

Where Opti-mized acts on behalf of an organization, the organization may be primarily responsible for determining how a minor's Personal Information is handled.

Opti-mized-Controlled Information

Where Opti-mized independently controls the information, we may respond directly to legally applicable requests.

Removal Upon Learning of Improper Collection

If Opti-mized learns that Personal Information relating to a minor was collected in a manner inconsistent with applicable legal requirements, we may take reasonable steps appropriate to the circumstances.

These may include:

  • Deleting the information;
  • Restricting use;
  • Obtaining required authorization;
  • Disabling relevant functionality;
  • Contacting the appropriate customer;
  • Taking other corrective action.

No Guarantee of Immediate Awareness

Opti-mized may not know the age of every:

  • Website visitor;
  • Platform user;
  • Person appearing in a photograph;
  • Person named in a document.
  • Our obligations may therefore depend on:
  • Actual knowledge;
  • Information reasonably available;
  • The requirements of applicable law.

Customer Duty to Avoid Unnecessary Minor Data

Customers should not provide Opti-mized with Personal Information about minors unless:

  • The information is reasonably necessary;
  • The customer has appropriate authority;
  • Processing is legally permitted.

Unnecessary Sensitive Minor Data

Customers should especially avoid submitting unnecessary:

  • Health information;
  • Identification numbers;
  • Financial credentials;
  • Biometric information;
  • Other sensitive Personal Information about minors.

Data Minimization for Youth-Serving Facilities

Where Opti-mized serves:

  • Schools;
  • Recreation centers;
  • Youth facilities.

facility configuration can generally be completed without identifying individual children.

Facility Intelligence Without Student Identification

A school can obtain intelligence concerning:

  • HVAC runtime;
  • Lighting;
  • Energy use;
  • Peak demand. without Opti-mized needing to identify which particular students were present.

Separation of Facility Analytics and Personal Tracking

Opti-mized seeks to maintain this distinction.

Our facility analytics are intended to answer questions such as:

  • When did equipment run?
  • How much energy did a circuit use?
  • Was a system operating after hours?
  • What contributed to peak demand?
  • They are not intended to answer questions such as:
  • Which child was in a room?
  • Where did a particular student go?
  • What did an individual minor do?

Future Features

If Opti-mized introduces a product that materially changes this distinction, we may provide additional privacy disclosures.

Mobile Applications

If future mobile applications are made available directly to minors, additional:

  • Age;
  • Consent;
  • App-store;
  • Privacy

requirements may apply.

Consumer Products

If Opti-mized introduces a consumer-facing product that is likely to be used by children, this section may need to be revised substantially.

Current Scope

This section reflects Opti-mized's current primary role as a facility-intelligence provider serving organizational customers.

Children Under 13 — Summary

For U.S. users under 13:

  • Opti-mized's services are not primarily directed to children;
  • COPPA may apply if an online service is directed to children under 13 or Opti-mized has actual knowledge of collecting Personal Information online from a child under 13;
  • Where COPPA applies, parental notice and verifiable parental consent are generally required before collection, subject to limited exceptions.

Teen Users — Summary

For teenagers:

  • COPPA's under-13 framework does not automatically apply;
  • State or other laws may provide additional protections;
  • Sale, sharing, targeted advertising, profiling, or sensitive-data processing may be subject to age-specific restrictions.

Organizational Minors — Summary

Where a minor uses Opti-mized through:

  • School;
  • Municipality;
  • Employer;
  • Other organization.
  • the organization may have responsibilities concerning:
  • Authorization;
  • Supervision;
  • Notice;
  • User access.

Parent and Guardian Rights — Summary

Where applicable law provides parent or guardian rights, Opti-mized may:

  • Verify parental authority;
  • Provide access where required;
  • Correct information where required;
  • Delete information where required;
  • Stop further processing where required.

Final Summary of Use by Minors

Opti-mized is primarily designed for:

  • Commercial facilities;
  • Businesses;
  • Municipalities;
  • Public institutions;
  • Organizations;
  • Individuals responsible for operating, managing, maintaining, analyzing, or supporting those facilities.

We do not use this Privacy Policy to impose a universal minimum age for all use of Opti-mized.

However:

  • Opti-mized's ordinary services are not designed primarily for children;
  • We do not intentionally operate the Opti-mized platform as a child-directed consumer service;
  • Certain federal, state, provincial, and international laws provide heightened privacy protections for minors;
  • COPPA provides specific protections for children under 13 in covered online services in the United States;
  • U.S. states may provide additional protections for teenagers and other minors;
  • California provides additional sale and sharing protections for consumers under 16 in circumstances covered by the CCPA;
  • Other states may impose restrictions concerning targeted advertising, profiling, sensitive data, or other processing involving minors;
  • Canadian and other international privacy laws may apply different standards concerning a minor's capacity to consent;
  • A minor may legitimately interact with Opti-mized through a school, municipality, workplace, internship, training program, or other organization;
  • Facility information concerning equipment and energy use does not automatically constitute Personal Information about minors;
  • Opti-mized does not generally use Energy and Operational Data to identify or track individual minors;
  • Detailed customer facility information is not intended to be used to build advertising profiles of minors;
  • Customers should avoid providing unnecessary Personal Information concerning minors;
  • Customers providing account access to minors should ensure that appropriate authorization exists;
  • Where legally required, Opti-mized may obtain parental, guardian, minor, customer, or other legally appropriate authorization;
  • Parents, guardians, minors, or authorized organizations may have rights concerning Personal Information under applicable law;
  • If Opti-mized becomes aware that Personal Information relating to a minor has been collected or processed inconsistently with applicable law, we may take appropriate corrective action;
  • Child and teen privacy requirements may evolve over time, and Opti-mized may update its practices accordingly.

Questions or requests concerning Personal Information relating to a minor may be submitted to:

Opti-mized Solutions Inc.

Email: info@opti-mized.com

Our objective is to operate Opti-mized as a professional facility-intelligence service rather than a service designed to collect Personal Information from children, while recognizing that minors may occasionally interact with Opti-mized in legitimate organizational, educational, employment, municipal, or other contexts.

Where those interactions involve Personal Information, we intend to apply the notice, consent, parental authorization, access, deletion, advertising, security, and other protections required by applicable law.

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20

Third-Party Websites and Services

In short: Our websites and services may link to or connect with independent services that have their own privacy practices, which we don’t generally control. Review their policies. Disconnecting an integration doesn’t necessarily delete what they already received.

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Opti-mized websites, applications, platform interfaces, communications, reports, customer-support materials, marketing pages, documentation, and other services may contain links to, references to, integrations with, or functionality provided by third-party websites, applications, platforms, products, services, tools, content, or resources that are not owned or controlled by Opti-mized.

These third-party services may include, depending on the circumstances:

  • External websites;
  • Cloud services;
  • Payment providers;
  • Shipping providers;
  • Mapping services;
  • Utility websites;
  • Government websites;
  • Grant and funding portals;
  • Social media platforms;
  • Video platforms;
  • Scheduling services;
  • Customer-selected integrations;
  • Software applications;
  • File-sharing services;
  • Authentication providers;
  • Communication tools;
  • Analytics services;
  • Professional resources;
  • Other independent third-party services.

A link, integration, reference, embedded feature, or connection to a third-party service does not necessarily mean that Opti-mized owns, operates, controls, endorses, guarantees, or assumes responsibility for that third party's privacy, security, content, products, services, terms, representations, or business practices.

Independent third parties may collect, use, disclose, retain, store, transfer, secure, or otherwise process information according to their own:

  • Privacy policies;
  • Terms of service;
  • Cookie policies;
  • Security practices;
  • Data-retention practices;
  • Legal obligations.

Opti-mized is generally not responsible for the independent privacy practices of third parties that are not acting as service providers on our behalf.

We encourage users to review the privacy notices, terms, and security information of third-party services before:

  • Providing Personal Information;
  • Creating an account;
  • Connecting an integration;
  • Authorizing data sharing;
  • Making a purchase;
  • Uploading documents;
  • Submitting payment information;
  • Otherwise interacting with the third party.

Third-Party Links

Opti-mized may provide links to external websites for convenience, reference, education, customer support, business administration, or other legitimate purposes.

Examples may include links to:

  • Government programs;
  • Utility providers;
  • Grant websites;
  • Funding programs;
  • Technical documentation;
  • Professional resources;
  • Regulatory information;
  • Vendor websites;
  • Social media pages;
  • Other external resources.

When a user follows a link to an independent third-party website, the user generally leaves the environment controlled by Opti-mized.

The third party's collection and use of information is governed by its own policies.

Leaving the Opti-mized Environment

Users should understand that the appearance of a link within:

  • The Opti-mized website;
  • Platform;
  • Email;
  • Report;
  • Support message

does not mean the external site follows the same privacy or security practices as Opti-mized.

Different organizations may use different:

  • Cookies;
  • Tracking technologies;
  • Advertising systems;
  • Retention periods;
  • Security safeguards;
  • International processing arrangements.

No Control Over Independent Third Parties

Opti-mized generally does not control how an independent third party:

  • Collects Personal Information;
  • Uses information;
  • Shares information;
  • Sells information;
  • Retains information;
  • Responds to privacy requests;
  • Secures systems;
  • Uses cookies;
  • Uses advertising technologies;
  • Handles security incidents.

Accordingly, users should independently evaluate the third party's practices before providing information.

Third-Party Privacy Policies

Independent third parties may maintain their own privacy notices explaining:

  • What information they collect;
  • Why they collect it;
  • How they use it;
  • Who they disclose it to;
  • How long they retain it;
  • Where it is processed;
  • What privacy rights are available.

Those policies are separate from this Opti-mized Privacy Policy.

Opti-mized Policy Does Not Automatically Apply

This Privacy Policy generally governs information processed by Opti-mized.

It does not automatically govern information processed independently by:

  • A bank;
  • Payment processor;
  • Shipping carrier;
  • Government agency;
  • Utility company;
  • Social media platform;
  • Independent consultant;
  • Customer-selected software provider.

Third-Party Policies May Change

A third party may modify its privacy practices without Opti-mized controlling that change.

Users should therefore review the current version of the third party's privacy policy where the processing is important.

Third-Party Terms of Service

Third-party services may also be governed by terms separate from Opti-mized's terms.

Those terms may address:

  • Account ownership;
  • Data rights;
  • Payment;
  • Liability;
  • Dispute resolution;
  • Service availability;
  • Other matters.

Opti-mized is generally not responsible for enforcing or interpreting the independent terms between a user and a third party.

Third-Party Security

Independent third parties may maintain security controls different from those used by Opti-mized.

Opti-mized does not guarantee the security of independent third-party systems.

Users should consider the sensitivity of information before providing it to a third-party service.

Information You Provide Directly to Third Parties

If a user provides information directly to a third party, the third party may control that information independently.

For example, a user may provide:

  • Payment information;
  • Shipping information;
  • Login credentials;
  • Contact information;
  • Facility information

directly to another service.

The third party's handling of that information is subject to its own obligations.

Information Shared by Opti-mized at Your Direction

In some cases, users or customer organizations may direct Opti-mized to send information to a third party.

For example, a customer may request sharing with:

  • Consultant;
  • Contractor;
  • Utility;
  • Funding agency;
  • Municipality;
  • Reporting platform;
  • Other authorized recipient.

Once the information is received and independently controlled by that recipient, Opti-mized may no longer control how the recipient uses or retains the information.

Customer Responsibility for Authorized Sharing

Customers should ensure that third parties they authorize are appropriate recipients.

Before directing Opti-mized to share information, customers may wish to evaluate:

  • Privacy practices;
  • Security;
  • Confidentiality;
  • Data location;
  • Retention;
  • Legal authority.

Third-Party Integrations

Opti-mized may support integrations with external software, platforms, APIs, or services.

An integration may allow information to move:

  • From Opti-mized to the third party;
  • From the third party to Opti-mized;
  • In both directions.

Examples of Integrations

Depending on future or current functionality, integrations may involve:

  • Identity providers;
  • Utility systems;
  • Reporting tools;
  • Facility systems;
  • Communication platforms;
  • Data analytics services;
  • Customer-selected applications.

User Authorization

Certain integrations may require:

  • Customer authorization;
  • Administrator approval;
  • User credentials;
  • API access;
  • Other permissions.

Permissions

A third-party integration may request access to specified categories of information.

Users should review the permissions requested before authorizing the integration.

Revoking Integrations

Where available, a customer may revoke or disconnect a third-party integration.

Revocation generally stops future information sharing through the integration.

However, disconnecting an integration does not necessarily delete information that the third party received previously.

Third-Party Copies After Revocation

Once information has been transferred to an independent third party, that party may retain it according to:

  • Its privacy policy;
  • Contractual obligations;
  • Applicable law.

Users may need to contact the third party directly to request deletion.

Authentication Providers

Opti-mized may allow users to authenticate through a third-party identity provider where available.

This may include:

  • Enterprise identity systems;
  • Single sign-on providers;
  • Other authentication services.

Authentication Data

A third-party identity provider may process:

  • Email address;
  • Name;
  • Authentication status;
  • Account identifier;
  • Other identity information.

The provider's handling of that information may be governed by its own policies.

Customer-Controlled Identity Providers

Where a customer selects and manages its own identity provider, the customer is responsible for:

User management;

Identity-provider security;

Authentication policies.

Payment Providers

Opti-mized may use third-party payment providers to process purchases.

Payment providers may directly collect:

  • Cardholder name;
  • Billing address;
  • Payment-card number;
  • Security code;
  • Other payment information.

Where complete payment-card information is submitted directly to the provider, Opti-mized generally does not receive or retain the complete card number.

Payment Provider Privacy

Payment providers may process transaction information according to:

  • Their own privacy policies;
  • Payment-network rules;
  • Financial laws.

Disputes With Payment Providers

Some payment disputes may need to be handled directly through:

  • Payment processor;
  • Card issuer;
  • Bank.

Banks and Financial Institutions

Payments may involve independent:

  • Banks;
  • Credit-card networks;
  • Financial institutions.

Opti-mized does not control those institutions' privacy practices.

Shipping and Logistics Providers

If Opti-mized ships hardware, information may be provided to:

  • Couriers;
  • Shipping carriers;
  • Fulfillment providers;
  • Customs brokers;
  • Logistics providers.

This may include:

  • Name;
  • Organization;
  • Delivery address;
  • Telephone number;
  • Order details.

Shipping providers may independently process information needed to deliver and track shipments.

Government Websites

Opti-mized may link to government websites for purposes such as:

  • Grant applications;
  • Funding opportunities;
  • Regulations;
  • Procurement;
  • Public information.

Government websites are controlled by the applicable government entity.

Grant and Funding Portals

Opti-mized may direct customers to third-party or government grant portals.

These portals may collect:

  • Organization information;
  • Contact information;
  • Project information;
  • Financial information;
  • Facility information.

The portal operator's privacy policy governs its independent processing.

Utility Websites and Portals

Opti-mized may provide links to:

  • Utility accounts;
  • Energy-efficiency programs;
  • Rebate portals;
  • Utility data services.

Users should review the relevant utility's privacy practices.

Social Media Platforms

Opti-mized may maintain accounts or pages on third-party social media platforms.

These platforms may include providers such as:

  • LinkedIn;
  • Meta;
  • Other social media services.

When a user interacts with Opti-mized through a social media platform, the platform may independently collect information such as:

  • Profile information;
  • Device information;
  • Engagement;
  • Communications;
  • Advertising information.

Social Media Messages

If a user sends Opti-mized a direct message through social media:

  • Opti-mized may receive the message;
  • The platform may also process it.

Public Comments

Information posted publicly on third-party platforms may be visible to:

  • Other users;
  • Search engines;
  • The platform operator.

Users should avoid publicly posting sensitive information.

Embedded Content

Opti-mized websites may display content provided by third parties.

This might include:

  • Videos;
  • Maps;
  • Forms;
  • Scheduling widgets;
  • Other embedded content.

Embedded content may allow the third party to collect information when the content loads.

Video Platforms

Embedded video providers may collect:

  • IP address;
  • Browser information;
  • Cookie information;
  • Viewing activity.

Users should review the provider's privacy practices.

Mapping Services

If Opti-mized uses external maps or location services, the mapping provider may process:

  • IP address;
  • Location information;
  • Search information;
  • Other technical information.

Scheduling Services

Opti-mized may use third-party scheduling services for:

  • Product demonstrations;
  • Meetings;
  • Support appointments.

These providers may collect:

  • Name;
  • Email address;
  • Availability;
  • Meeting details.

Video Conferencing Services

Meetings may take place through third-party video conferencing services.

Those services may process:

  • Contact information;
  • Meeting metadata;
  • Audio;
  • Video;
  • Chat.

Meeting Recordings

If a meeting is recorded, appropriate notice or consent may be provided where required.

Recordings may be processed through the conferencing provider.

Customer Support Services

Opti-mized may use third-party customer-support platforms.

These providers may process:

  • Name;
  • Email;
  • Ticket content;
  • Screenshots;
  • Technical information.

Service providers acting for Opti-mized are addressed separately in Section 8.

Independent Customer-Support Providers

Where a customer independently uses another consultant or service provider, that party may operate independently from Opti-mized.

Email Providers

Opti-mized uses third-party communication infrastructure to deliver email.

Email providers may process:

  • Recipient address;
  • Message content;
  • Delivery status.

SMS Providers

Where SMS is used, telecommunications or messaging providers may process:

  • Telephone number;
  • Message content;
  • Delivery metadata.

Telecommunications Carriers

Mobile carriers and other network providers may maintain independent information concerning:

  • Routing;
  • Delivery;
  • Network usage.

Internet Service Providers

Internet communications may pass through independent internet service providers.

Opti-mized does not control the privacy practices of those providers.

Cloud Infrastructure Providers

Opti-mized uses service providers, including Amazon Web Services (“AWS”), to support our own services.

A cloud provider processing information on Opti-mized's behalf is different from an independent third-party website selected by the user.

Service-provider disclosures are described in Section 8.

Service Providers Versus Independent Third Parties

It is important to distinguish between:

  • Service providers acting for Opti-mized;
  • Independent third parties operating for their own purposes.

A service provider may process information under:

  • Opti-mized instructions;
  • Contractual restrictions;
  • Confidentiality requirements.

An independent third party may determine its own purposes and means of processing.

Service Provider Does Not Automatically Mean Independent Controller

The mere fact that another company provides technology to Opti-mized does not mean it independently controls customer information.

The legal role depends on:

  • Contract;
  • Purpose;
  • Actual processing.

Independent Third Party Does Not Automatically Become an Opti-mized Service Provider

Conversely, a link to another website does not create a service-provider relationship.

Third-Party Analytics

Public Opti-mized websites may use third-party analytics technologies.

These practices are discussed in Section 9.

Third-Party Advertising

Opti-mized may use third-party advertising providers.

These practices are addressed in Sections 9 and 10.

Google

Opti-mized uses or may use certain Google technologies.

Depending on the product and configuration, Google may independently process certain:

  • Website information;
  • Cookie information;
  • Advertising information;
  • Analytics information.

Users should review Google's applicable privacy information for services they use.

Meta

Opti-mized uses or may use certain Meta technologies for marketing or advertising.

Meta may independently process certain information in accordance with its privacy terms.

LinkedIn

Opti-mized uses or may use LinkedIn technologies for:

  • Advertising;
  • Marketing;
  • Business communications.

LinkedIn's own privacy practices govern information it independently controls.

Third-Party Advertising Accounts

A user's existing account with:

  • Google;
  • Meta;
  • LinkedIn

may affect how those platforms associate website interactions with that user.

Opti-mized does not control the user's account settings on those platforms.

User Privacy Controls With Third Parties

Users may be able to control certain third-party processing through:

  • Platform privacy settings;
  • Advertising settings;
  • Browser controls;
  • Account controls.

Opti-mized Cannot Exercise Every Third-Party Right for You

A privacy request submitted to Opti-mized does not automatically exercise rights with independent third parties.

For example, a user may need to separately contact:

  • Google;
  • Meta;
  • LinkedIn;
  • Payment providers;
  • Customer-selected integrations.

Third-Party Cookies

Third-party content or services may place cookies on a user's device.

Cookie practices are described in Section 9.

Third-Party Pixels

Pixels or similar tracking technologies may be provided by external analytics or advertising providers.

Browser Controls

Users may be able to block:

  • Third-party cookies;
  • Certain trackers
  • through browser settings.

Blocking Third-Party Technologies

Blocking a third-party service may affect:

  • Embedded content;
  • Login;
  • Scheduling;
  • Videos;
  • Other functionality.

Third-Party APIs

Opti-mized may access or expose APIs connecting with other platforms.

API use may involve transmission of:

  • Identifiers;
  • Customer-authorized data;
  • Technical information.

API Agreements

Data transferred through APIs may be subject to:

  • Opti-mized agreements;
  • Third-party terms;
  • Customer instructions.

API Credentials

Customers should protect:

  • API keys;
  • Authentication tokens;
  • Credentials.

Customer-Developed Integrations

Customers may build their own integrations with Opti-mized.

Opti-mized may not control:

  • Code;
  • Security;
  • Data handling

of customer-developed integrations.

Third-Party Developers

A third-party developer authorized by a customer may receive information through an integration.

Customers should verify that the developer is trustworthy.

OAuth and Authorization Technologies

Some integrations may use authorization technologies allowing a user to grant limited access without sharing a password directly.

The third party may receive:

  • Authorization token;
  • User identifier;
  • Approved information.

Revoking Authorization

Users should revoke access for integrations they no longer use.

Third-Party File Storage

Customers may download Opti-mized information and store it using:

  • Google Drive;
  • OneDrive;
  • Dropbox;
  • Other document systems.

Once information is moved to a customer-selected service, that service's practices apply.

Customer Email Systems

Reports and notifications sent to customers may remain in:

  • Microsoft email;
  • Google Workspace;
  • Other customer email systems.

Opti-mized does not control customer email retention.

Customer Collaboration Platforms

Customers may share Opti-mized reports through:

  • Teams;
  • Slack;
  • Other collaboration platforms.

Those providers independently handle the uploaded copies.

Customer IT Systems

Customers may integrate Opti-mized output into:

  • Local servers;
  • Building systems;
  • Internal analytics platforms.

Security and privacy of those systems are the customer's responsibility.

Customer Consultants

Customers may provide Opti-mized data to:

  • Energy consultants;
  • Contractors;
  • Electricians;
  • Other advisers.

Opti-mized cannot control how an independent consultant uses information once lawfully received.

Professional Advisers

Opti-mized may independently engage:

  • Lawyers;
  • Accountants;
  • Auditors;
  • Insurers.

These parties may process information as professional advisers or service providers depending on the context.

Funding Organizations

Customers may request or authorize Opti-mized to provide information to:

  • Grant administrators;
  • Funding organizations;
  • Utility incentive programs.

Those entities may retain information under their own legal obligations.

Public-Sector Recipients

Government agencies may be subject to:

  • Public records laws;
  • Government retention requirements;
  • Access-to-information laws.

Once information is submitted to a government entity, it may become subject to those rules.

Public Records

Opti-mized cannot guarantee that information provided to a government entity will remain confidential if applicable law requires the government to disclose it.

Independent Contractors

Independent contractors engaged directly by customers may have their own privacy and security practices.

Installation Contractors

A customer may hire an installer who receives:

  • Facility information;
  • Electrical information;
  • Equipment information.

The installer may independently maintain project records.

Hardware Manufacturers

Hardware manufacturers or technical providers may receive limited technical information where necessary to:

  • Support products;
  • Diagnose problems.

Their legal role depends on the arrangement.

Telecommunications Providers

Connected gateways may rely on:

  • Wi-Fi;
  • Internet;
  • Cellular providers.

Network providers may independently process communications metadata.

Customer Network Providers

Opti-mized cannot control a customer's:

  • Internet provider;
  • Wi-Fi provider;
  • Network management provider.

Cybersecurity Providers

Some cybersecurity providers may process information on behalf of Opti-mized under service-provider arrangements.

Others may be independently retained by customers.

Security Incident Investigators

A customer or Opti-mized may engage:

  • Forensic firms;
  • Legal advisers following an incident.

The legal and privacy role of those providers depends on who engages them and why.

Third-Party AI Services

Opti-mized may use third-party artificial intelligence or machine-learning technologies where appropriate.

Where such a provider processes information on behalf of Opti-mized, we may evaluate matters such as:

  • Contractual terms;
  • Security;
  • Retention;
  • Data use;
  • Model-training practices.

General-Purpose AI Providers

As described elsewhere in this Privacy Policy, Opti-mized does not intend to provide identifiable Customer Facility Data or Energy and Operational Data to unrelated third-party providers merely for the purpose of training their unrelated general-purpose AI models.

Customer Use of Third-Party AI

Customers may independently export information from Opti-mized and upload it to an external AI service.

If a customer does so:

  • Opti-mized does not control that external provider;
  • The provider's privacy and data-use terms apply.

Customers should carefully review those terms before submitting sensitive facility information.

Third-Party Model Training

Some third-party AI services may reserve rights to use submitted information for model improvement.

Customers should verify those practices independently.

Links in Emails

Opti-mized emails may contain links to:

  • Opti-mized pages;
  • External pages.

Users should verify the destination before submitting sensitive information.

Security of Third-Party Links

Opti-mized seeks to provide legitimate links but cannot guarantee that an external website will never:

  • Change ownership;
  • Be compromised;
  • Change content;
  • Change security practices.

Phishing

Attackers may create websites designed to imitate Opti-mized or another legitimate provider.

Users should be cautious with:

  • Unexpected login links;
  • Payment requests;
  • Credential requests.

Verify Sensitive Requests

If a user receives a suspicious communication claiming to involve Opti-mized, the user should verify it through a trusted channel before providing credentials.

No Responsibility for Independent Content

Opti-mized does not necessarily review or verify all content on external websites.

Accordingly, we do not guarantee:

  • Accuracy;
  • Completeness;
  • Availability;
  • Legality;
  • Suitability of independent third-party content.

Funding Information

If Opti-mized links to an external grant website, users should verify current:

  • Eligibility;
  • Deadlines;
  • Program terms with the applicable administrator.

Utility Information

If Opti-mized references a utility website, utility information may change independently.

Technical Documentation

External technical documentation may be updated without notice.

External Advice

Links to external materials do not necessarily constitute:

  • Legal advice;
  • Financial advice;
  • Engineering advice;
  • Other professional advice.

Third-Party Products

Opti-mized may reference or recommend products or services used in connection with implementation.

Such references do not necessarily create:

  • Warranty;
  • Endorsement;
  • Responsibility for the independent provider.

Affiliate Relationships

If Opti-mized has a commercial or referral relationship with a third party, additional disclosure may be provided where required.

No Assumed Affiliate Relationship

A link alone does not mean:

  • Partnership;
  • Joint venture;
  • Affiliate relationship.

Third-Party Logos

Displaying a third-party logo may indicate:

  • Compatibility;
  • Integration;
  • Service use;
  • Reference.

It does not necessarily mean the third party endorses Opti-mized.

Embedded Third-Party Forms

Certain forms may be hosted or powered by external services.

Information entered into the form may be processed by:

  • Opti-mized;
  • The form provider
  • depending on the configuration.

Form Notices

Where appropriate, additional notice may be provided near a third-party form.

CAPTCHA and Anti-Bot Services

Opti-mized may use external anti-bot or fraud-prevention technologies.

These may process:

  • IP address;
  • Browser information;
  • Device characteristics;
  • Interaction data.

Consent Management Providers

Cookie preference tools may themselves be provided by third parties.

Such providers may process:

  • Consent status;
  • Browser identifiers;
  • Timestamp.

Content Delivery Networks

Opti-mized may use external content-delivery or website-security providers.

These may process:

  • IP address;
  • Technical requests;
  • Security metadata.

Website Hosting

Parts of the public website may be hosted using independent infrastructure providers.

Domain Registrars

Third-party domain or DNS providers may process technical information necessary to operate Opti-mized websites.

Error Monitoring

Third-party software may help identify:

  • Application errors;
  • Crashes;
  • Performance issues.

Such providers may receive diagnostic information.

Development Tools

Opti-mized may use external:

  • Code repositories;
  • Development platforms;
  • Testing tools.

Where these providers handle customer information, access should be limited appropriately.

Internal Collaboration Providers

Opti-mized may use third-party internal business systems for:

Documents;

  • Project management;
  • Communications.

These providers may process information on our behalf.

Distinguishing Service Providers

Where a third party processes information solely on behalf of Opti-mized, that relationship is governed by the service-provider disclosures in Section 8 rather than solely by this independent-third-party section.

Independent Use by Service Providers

A service provider should not automatically be treated as having unrestricted rights to use customer information for unrelated purposes.

Third-Party Subprocessors

Service providers may rely on subcontractors.

Where applicable, those subprocessors may be governed by:

  • Provider contracts;
  • Data-processing terms.

Customer-Selected Third Parties May Not Have the Same Restrictions

A third party independently selected by a customer may not be subject to Opti-mized's vendor agreements.

Customer Due Diligence

Customers should evaluate third-party services before authorizing access to:

  • Facility information;
  • Energy data;
  • Reports;
  • User information.

Questions to Consider

Customers may wish to review a provider's:

  • Privacy policy;
  • Security certifications;
  • Retention policy;
  • Data location;
  • AI training terms;
  • Subprocessor practices.

Third-Party Data Location

Independent third parties may store information in:

  • Canada;
  • United States;
  • Europe;
  • Other jurisdictions.

Cross-Border Processing

Using a third-party service may result in information being transferred internationally.

The third party's international transfer practices are generally governed by its own privacy framework.

Opti-mized Data Location Commitments Do Not Automatically Extend

A customer-specific Opti-mized hosting commitment does not automatically govern data the customer exports to an independent third-party service.

Customer Responsibility for External Storage

Customers are responsible for ensuring that external services they select satisfy their own:

  • Security;
  • Privacy;
  • Data residency;
  • Compliance requirements.

Third-Party Retention

Independent providers may retain information for periods different from Opti-mized's retention periods.

Deletion Requests

Deleting information from Opti-mized does not necessarily cause deletion from an independent third party.

Separate Requests

Users may need to submit a deletion request directly to the third party.

Third-Party Backups

A third party may maintain backups independently.

Third-Party Legal Obligations

Independent services may retain information where required by:

  • Tax law;
  • Financial law;
  • Legal process;
  • Other obligations.

Third-Party Security Incidents

An independent third party may experience its own security incident.

Opti-mized may not receive immediate notice of incidents affecting information independently controlled by that provider.

Service Provider Incidents

Where a provider acts on Opti-mized's behalf and an incident affects Opti-mized data, we may take appropriate action as described in Section 14.

Customer-Selected Third-Party Incidents

If a customer-selected service experiences an incident, the customer may need to work directly with that provider.

Limitation of Control

Opti-mized cannot guarantee:

  • Uptime;
  • Availability;
  • Security;
  • Accuracy;
  • Continued operation

of independent external services.

Third-Party Service Changes

External providers may:

  • Discontinue a service;
  • Change APIs;
  • Change pricing;
  • Modify privacy practices;
  • Restrict access.

These changes may affect integrations.

Integration Availability

Opti-mized does not guarantee that every third-party integration will remain available indefinitely.

API Changes

A third-party API change may require Opti-mized to:

  • Modify;
  • Suspend;
  • Discontinue
  • an integration.

Customer Notice

Where appropriate, customers may be notified of material integration changes.

Account Termination With Third Parties

If a user's third-party account is closed, connected Opti-mized functionality may stop working.

Third-Party Authentication Failure

If a third-party identity provider experiences an outage, users may temporarily be unable to authenticate.

Independent Terms May Restrict Data Use

Third-party providers may impose restrictions on:

  • Downloads;
  • API calls;
  • Data retention;
  • Redistribution.

Customers are responsible for complying with applicable third-party terms.

Third-Party Intellectual Property

External content may be protected by:

  • Copyright;
  • Trademark;
  • Other intellectual-property laws.

A link from Opti-mized does not grant rights to reproduce third-party content.

Customer Responsibility for Third-Party Licenses

Customers integrating another service may need appropriate licenses.

No Warranty of Third-Party Services

Unless otherwise expressly agreed, Opti-mized does not provide warranties concerning independent third-party services.

Independent Billing

Some third-party services may charge users directly.

Opti-mized is not necessarily responsible for those charges.

Third-Party Subscriptions

Customers are responsible for managing independent subscriptions they establish.

Cancelling Opti-mized Does Not Cancel Third-Party Services

Closing an Opti-mized account does not necessarily cancel:

  • A Google account;
  • Utility subscription;
  • Independent software subscription;
  • Other external service.

Cancelling Third-Party Services Does Not Delete Opti-mized Data

Conversely, disconnecting an external service does not necessarily delete information previously transferred into Opti-mized where we have a lawful reason to retain it.

Information Received From Third Parties

Opti-mized may receive information from third parties where:

  • Authorized by the customer;
  • Necessary to provide a service;
  • Otherwise permitted by law.
  • Examples may include:
  • Utility information;
  • Payment confirmation;
  • Identity information;
  • Integration data.

Third-Party Source Does Not Eliminate Opti-mized Obligations

Once Opti-mized receives Personal Information and controls its processing, our obligations under this Privacy Policy may apply to that copy.

Accuracy of Third-Party Information

Opti-mized cannot guarantee that information received from an independent third party is accurate.

Customer Corrections

Customers should notify Opti-mized if third-party information appears inaccurate.

Automated Third-Party Data Feeds

Data received through an automated integration may contain:

  • Errors;
  • Delays;
  • Missing values.

Service Interruptions

External system outages may interrupt data feeds.

Facility Intelligence Based on Third-Party Data

Where Opti-mized analytics rely on external information, errors in that information may affect:

  • Findings;
  • Savings estimates;
  • Reports.

No Guarantee of Third-Party Data Quality

Customers should consider third-party data limitations when relying on analytical outputs.

Weather Data Providers

Where weather information is used, Opti-mized may obtain data from third-party sources.

Weather data may be:

  • Estimated;
  • Delayed;
  • Incomplete.

Utility Rate Data

Utility-rate information may similarly come from:

  • Customers;
  • Utilities;
  • Third-party services.

Public Data Sources

Opti-mized may use publicly available third-party information where permitted.

Third-Party Data Rights

  • Third-party databases may be subject to:
  • License terms;
  • Usage restrictions.

User Responsibility for Credentials

Users should not provide third-party passwords to Opti-mized unless the relevant integration is specifically designed to receive them.

Use Secure Authorization

Where possible, integrations may use delegated authorization instead of requiring customers to disclose passwords directly.

Password Changes

Changing a password on a third-party service may interrupt an integration.

Token Expiration

Integration tokens may expire or be revoked.

Customer Responsibility for Reauthorization

Customers may need to reconnect a service after authorization expires.

Third-Party Privacy Requests

If an individual wants to exercise privacy rights concerning information held independently by a third party, the individual should contact that party.

Opti-mized Assistance

Where appropriate, Opti-mized may help identify the third-party provider involved.

However, we cannot guarantee how an independent party will respond.

Privacy Rights Against Opti-mized

An individual's rights concerning information held by Opti-mized remain governed by Sections 15, 16, and 17.

Third-Party Advertising Opt-Outs

Users may have separate privacy settings available through advertising providers.

Browser-Based Controls

Browsers may also offer:

  • Cookie blocking;
  • Tracking prevention;
  • Global Privacy Control.

Third-Party Consent Management

A third-party advertising provider may maintain its own consent mechanisms.

User Settings May Differ Across Providers

Changing a privacy setting with Opti-mized does not necessarily change settings with independent providers.

External Account Deletion

Deleting an Opti-mized account does not automatically delete accounts created with independent services.

External Data Portability

Third-party portability rights must generally be exercised directly with the third party.

Third-Party Complaints

Complaints concerning an independent provider may need to be submitted:

  • To the provider;
  • Applicable regulator.

No Responsibility for User-Directed Disclosure

Where a user intentionally shares information publicly or directly with an independent party, Opti-mized generally cannot prevent the recipient from receiving it.

Public Sharing

Users should avoid publicly sharing:

  • Facility reports;
  • Credentials;
  • Sensitive customer information unless authorized.

Social Sharing Features

If Opti-mized introduces social-sharing features, users should review what information will be transmitted before sharing.

Third-Party Login Links

Users should ensure third-party login pages are legitimate before entering credentials.

Redirects

A user may be redirected from Opti-mized to an external provider to complete:

Payment;

  • Authentication;
  • Scheduling.

Return to Opti-mized

After completing the third-party process, the user may return to the Opti-mized service.

Information Returned by the Third Party

The third party may send Opti-mized limited information such as:

  • Payment status;
  • Authentication success;
  • Scheduling confirmation.

Third-Party Tracking on Redirect Pages

The external provider may use its own cookies or tracking during that process.

Mobile App Stores

If Opti-mized offers mobile applications, distribution may occur through third-party app stores.

App stores may independently process:

  • Account information;
  • Download history;
  • Device information.

Browser Extension Stores

If future functionality includes browser extensions, store operators may independently process installation information.

Mobile Operating Systems

  • Mobile operating-system providers may process:
  • Device identifiers;
  • Push notification information;
  • Other technical information.

Push Notification Providers

Push notifications may rely on external infrastructure.

App Permissions

Mobile applications may request device permissions.

Users should review the permissions before granting access.

Third-Party Device Manufacturers

Users access Opti-mized through devices manufactured by third parties.

Opti-mized does not control the device manufacturer's privacy practices.

Smart-Building Integrations

Future Opti-mized products may integrate with:

Building automation systems;

  • Smart meters;
  • Equipment controllers;
  • Other facility technologies.

Facility System Providers

Those providers may independently retain:

  • Building data;
  • Device data.

Integration Security

Customers should consider cybersecurity risk before connecting facility systems.

Scope of Permissions

Integrations should be configured to provide only access reasonably necessary.

Least Privilege

Where possible, customers should avoid granting third-party integrations broader permissions than required.

Revoking Unused Access

Unused integrations should be disconnected.

Third-Party Credential Compromise

If a connected third-party account is compromised, an attacker may potentially gain access to information permitted through the integration.

Notification of Compromise

Customers should notify Opti-mized if they believe:

  • An integration token;
  • Third-party account has been compromised and could affect Opti-mized.

Integration Suspension

Opti-mized may suspend a compromised integration to protect customers.

Customer-Controlled APIs

Customers using APIs should secure:

  • Tokens;
  • Keys;
  • Endpoints.

No Public Posting of Credentials

API credentials should not be posted publicly.

Third-Party Code Libraries

Opti-mized software may incorporate third-party software libraries.

Those libraries may be governed by:

  • Open-source licences;
  • Commercial licences.

Software Libraries Do Not Necessarily Receive Customer Data

The inclusion of a library in Opti-mized software does not automatically mean the library provider receives Personal Information.

External Content Libraries

Websites may load certain content or functionality from external infrastructure.

Privacy Evaluation

Where appropriate, Opti-mized may evaluate whether external technologies collect information.

Third-Party Risk Management

Opti-mized may consider third-party risk when deciding whether to:

  • Use a provider;
  • Offer an integration;
  • Link to a resource.

Due Diligence

Due diligence may include review of:

  • Security;
  • Privacy;
  • Terms;
  • Data handling;
  • Service reliability.

No Guarantee Despite Review

Even where Opti-mized evaluates a third party, we cannot guarantee that the third party will never:

  • Experience a breach;
  • Change its practices;
  • Fail.

Provider Reassessment

Opti-mized may reevaluate providers as circumstances change.

Removal of Third-Party Services

Opti-mized may remove an integration or link if:

  • Security concerns arise;
  • Service is discontinued;
  • Privacy practices become inappropriate;
  • Business needs change.

No Obligation to Maintain External Links

External links may be added or removed without notice where appropriate.

Broken Links

Third-party websites may change URLs or become unavailable.

Outdated External Information

External content may become outdated.

Users should verify important information with the originating third party.

External Grant Deadlines

Grant deadlines and program requirements should be verified directly with the relevant program administrator.

External Legal Information

Legal or regulatory information should be verified with official sources where important.

User Judgment

Users should exercise reasonable judgment when interacting with independent services.

Sensitive Customer Information

Before submitting sensitive customer information to an external service, users should consider:

  • Why the third party needs it;
  • Whether the service is trustworthy;
  • How long the information will be retained;
  • Whether the information may be used for unrelated purposes.

Confidentiality Agreements

Customers may require third-party recipients to sign confidentiality agreements before receiving sensitive Facility Data.

Customer Policies

Customers may have internal rules concerning approved third-party software.

Users should comply with applicable organizational policies.

Government Security Requirements

Municipal and government customers may be subject to additional vendor or cloud restrictions.

Procurement Requirements

Third-party services may need to satisfy:

  • Procurement;
  • Security;
  • Data residency
  • requirements

Customer Responsibility for External Compliance

Opti-mized cannot determine whether every third-party service independently selected by a customer satisfies the customer's regulatory obligations.

Third-Party Insurance

Customers may evaluate whether external providers maintain appropriate insurance.

Independent Professional Advice

Customers may consult:

  • Legal advisers;
  • Cybersecurity advisers;
  • Privacy professionals when evaluating high-risk third-party services.

Changes in Third-Party Relationships

Opti-mized's third-party relationships may change over time.

We may:

  • Add providers;
  • Replace providers;
  • Discontinue integrations;
  • Introduce new external services.

Material Changes

Where a material change affects Opti-mized's processing of Personal Information, we may update this Privacy Policy or provide other notice where required.

Independent Third-Party Changes

Opti-mized may not receive advance notice of every change made by an independent third party.

Customer Notification of Integration Changes

Where appropriate, Opti-mized may notify customers of material changes affecting an integration.

Privacy Policy Links

Where feasible, Opti-mized may link users to a third party's privacy policy.

However, users should verify that the policy is current.

No Incorporation by Reference Unless Stated

A third party's privacy policy does not become part of Opti-mized's Privacy Policy merely because we link to it.

Third-Party Legal Compliance

Independent providers are responsible for their own compliance with laws applicable to them.

Opti-mized Legal Obligations Remain

Opti-mized remains responsible for its own privacy obligations when selecting and using service providers on its behalf.

Distinguishing Responsibility

Responsibility depends on whether the third party is:

  • Acting under Opti-mized instructions;
  • Acting under customer instructions;
  • Acting independently.

Independent Controller

A third party determining its own purposes may act as an independent controller or business under applicable law.

Processor

A third party acting solely on behalf of Opti-mized may act as a processor or service provider.

Joint Roles

In some situations, legal roles may be more complex.

No Universal Classification

This Privacy Policy does not attempt to assign one legal role to every third party.

Third-Party Disclosures

Information concerning service-provider disclosures appears in Section 8.

Advertising Technologies

Information concerning third-party advertising technologies appears in Sections 9 and 10.

Data Location

Cross-border processing by service providers is addressed in Section 12.

Security

Service-provider security is addressed in Section 14.

Privacy Rights

Users may exercise rights concerning Opti-mized-controlled Personal Information as described in Sections 15, 16, and 17.

Account Deletion

Deleting an Opti-mized account does not automatically delete information held independently by external services, as described in Section 18.

Minors

Third-party websites may have their own age restrictions and children's privacy practices.

Parents and users should review those requirements separately.

No General Endorsement

Opti-mized's reference to a third-party product, service, company, government program, utility, or website does not necessarily constitute an endorsement.

No Responsibility for Third-Party Representations

Opti-mized is not responsible for representations independently made by third parties.

No Responsibility for Independent Availability

Opti-mized does not guarantee uninterrupted access to external services.

No Responsibility for Third-Party Loss

To the extent permitted by applicable law and applicable agreements, Opti-mized is not responsible merely because an independent third party experiences:

  • Data loss;
  • Security incident;
  • Service interruption;
  • Privacy violation.

This limitation does not eliminate responsibilities that Opti-mized may have where a provider is processing information on our behalf and applicable law imposes obligations on Opti-mized.

Important Distinction

The statement that Opti-mized is not responsible for independent third-party privacy practices should not be interpreted to mean Opti-mized disclaims responsibility for selecting or managing service providers where applicable privacy law imposes such responsibility.

Service Provider Accountability

Where Opti-mized transfers Personal Information to a service provider for processing on our behalf, applicable laws or contracts may require Opti-mized to:

  • Use appropriate agreements;
  • Require safeguards;
  • Maintain accountability.

Independent User-Selected Third Parties

Those obligations may differ where the user independently chooses to disclose information to an unrelated service.

Third-Party Questions

Questions about a third party's own privacy practices should generally be directed to that organization.

Questions About Opti-mized Sharing

Questions about whether Opti-mized shares information with a particular type of provider may be directed to:

Email: info@opti-mized.com

Customer Integration Questions

Customers may contact Opti-mized before enabling an integration if they have questions concerning:

  • Information transferred;
  • Permissions;
  • Security.

Privacy Review Before Integration

Customers with strict privacy requirements may wish to review a proposed integration before activation.

Security Review Before Integration

Government or enterprise customers may require additional security review.

Data Processing Addenda

Third-party processing may also be addressed in:

Data Processing Addenda;

Customer agreements;

Subprocessor terms.

Contractual Commitments

Where Opti-mized has agreed to customer-specific restrictions concerning third parties, those commitments may supplement this section.

Summary of Third-Party Websites and Services

At a high level:

  • Opti-mized websites and services may contain links to or integrations with independent third-party services;
  • Independent third parties may maintain their own privacy, security, retention, cookie, and data-transfer practices;
  • Opti-mized does not generally control the independent privacy practices of third-party services;
  • Users should review third-party privacy policies before providing information;
  • A link does not automatically constitute endorsement or partnership;
  • Information provided directly to an independent third party is generally governed by that party's privacy practices;
  • Information shared with a third party at the customer's direction may become subject to the recipient's independent policies;
  • Disconnecting an integration does not necessarily delete information previously received by the third party;
  • Customers may need to submit separate deletion or privacy requests directly to independent providers;
  • Payment processors, shipping providers, government portals, utilities, social media platforms, scheduling services, and customer-selected integrations may independently process information;
  • Third-party service providers acting on behalf of Opti-mized are treated differently from independent third parties and are addressed in Section 8;
  • Opti-mized may evaluate service-provider privacy and security practices where appropriate;
  • Opti-mized cannot guarantee the security, availability, accuracy, or continued operation of independent third-party services;
  • A customer-specific Opti-mized data-hosting commitment does not necessarily apply once the customer exports information to an unrelated service;
  • Customers should consider the privacy, security, retention, data-location, and AI-training terms of external services before sending sensitive Facility Data to them;
  • Opti-mized account deletion does not automatically delete data held independently by third parties;
  • Third-party privacy policies and services may change over time.

Our objective is to provide useful links, integrations, and external functionality while maintaining a clear distinction between services controlled by Opti-mized and independent services controlled by other organizations.

Users should understand when they are leaving the Opti-mized environment or authorizing another organization to receive information and should review the privacy and security practices of that organization before providing sensitive information.

Questions concerning Opti-mized's use of third-party providers or integrations may be submitted to:

Opti-mized Solutions Inc.

Email: info@opti-mized.com

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21

Changes to This Policy

In short: We may update this policy and will change the “Last updated” date when we do. Where the law requires, we will give additional notice of material changes. An update can’t remove privacy rights the law guarantees you.

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Opti-mized may update, revise, amend, replace, supplement, or otherwise modify this Privacy Policy from time to time.

Changes may be made to reflect developments in:

  • Our products;
  • Our services;
  • Our websites;
  • Our platform;
  • Our hardware;
  • Our analytics;
  • Our data practices;

Our service-provider relationships;

  • Our business operations;
  • Our organizational structure;
  • Our security practices;
  • Our technology;
  • Our legal obligations;
  • Applicable privacy laws;
  • Regulatory guidance;
  • Customer requirements;

Other circumstances affecting how information is collected, used, disclosed, stored, retained, protected, or otherwise processed.

When we update this Privacy Policy, we will update the “Last Updated” date displayed at or near the beginning of the Policy.

Where required by applicable law, we may provide additional notice concerning material changes.

Depending on the nature of the change, notice may be provided through:

  • The Opti-mized website;
  • The Opti-mized platform;
  • Email;
  • Account notifications;
  • Customer communications;
  • A privacy notice;
  • A banner or pop-up;
  • Contractual notices;
  • Another appropriate method.

Where applicable law requires consent to a new or materially different processing activity, we may request that consent before beginning the activity.

Not every change to this Privacy Policy will require individual notice or consent.

For example, we may make changes that:

  • Improve clarity;
  • Correct formatting or typographical errors;
  • Update contact information;
  • Clarify existing practices;
  • Update examples;
  • Reorganize sections;
  • Add explanatory information;
  • Reflect changes that do not materially affect individuals' rights.

The type of notice, if any, will depend on the nature of the change, its impact on Personal Information, applicable law, existing customer agreements, and the relationship between Opti-mized and the affected individual or customer.

Why We May Update This Privacy Policy

Privacy practices and technology do not remain static.

Opti-mized may update this Privacy Policy as our products, services, technology, legal obligations, and business operations evolve.

For example, changes may become appropriate if we:

  • Introduce a new product or service;
  • Add new hardware, sensors, or gateways;
  • Add new platform functionality;
  • Introduce new analytical or AI-enabled capabilities;
  • Add a mobile application;
  • Add new reporting capabilities;
  • Introduce new integrations;
  • Add new communication channels;
  • Enter new geographic markets;
  • Change cloud infrastructure;
  • Change service providers;
  • Change advertising or analytics technologies;
  • Modify retention practices;
  • Adopt new security controls;
  • Become subject to new legal requirements.

Changes to Products, Hardware, and Facility Intelligence

Opti-mized may introduce new products or modify existing products.

Product and hardware changes may affect:

  • What information is collected;
  • How information is generated;
  • How information is analyzed;
  • How information is transmitted;
  • How customers configure facilities;
  • How users interact with the platform.

For example, new hardware may generate new categories of:

  • Device information;
  • Diagnostic information;
  • Energy and Operational Data;
  • Configuration information.

Opti-mized may also modify analytical capabilities involving:

  • Equipment behavior;
  • Runtime;
  • Cycling;
  • Energy Loss;
  • Peak demand;
  • Environmental mismatch;
  • Savings;
  • Retrofit analysis;
  • Maintenance indicators;
  • Facility recommendations.

If these changes materially affect privacy practices, this Privacy Policy may be updated.

Changes to Automated Analytics and Artificial Intelligence

Opti-mized may modify:

  • Algorithms;
  • Models;
  • Statistical methods;
  • Machine-learning systems;
  • Classification methods.

If such changes create materially different processing of Personal Information, we may update the relevant sections of this Privacy Policy.

If Opti-mized introduces new AI-enabled features, we may also provide additional information concerning:

  • Information used by the feature;
  • Purpose of processing;
  • Third-party AI providers;
  • Retention;
  • Customer controls;
  • Model-training restrictions;
  • Other relevant privacy considerations.

Changes to Our Website and Platform

Changes to the public Opti-mized website may involve new:

  • Pages;
  • Forms;
  • Analytics tools;
  • Advertising technologies;
  • Scheduling functionality;
  • Embedded content.
  • These changes may require updates to:
  • Cookie disclosures;
  • Advertising disclosures;
  • Third-party service descriptions.

Changes to the authenticated Opti-mized platform may involve:

  • New user permissions;
  • New dashboards;
  • New reports;
  • New account functionality;
  • New integrations;
  • New exports;
  • New authentication options.

Where those changes materially affect information processing, this Policy may be revised.

Changes to Mobile Applications

If Opti-mized introduces mobile applications, additional disclosures may become appropriate concerning:

  • Device permissions;
  • Mobile identifiers;
  • Push notifications;
  • Local storage;
  • Application analytics.

Changes to Data Collection, Use, and Disclosure

Opti-mized may update this Privacy Policy if the categories of information we collect materially change.

We may also revise the Policy if we materially change:

  • Why information is used;
  • How information is analyzed;
  • Who receives information;
  • How information is disclosed;
  • Which service providers are involved.

For example, a new product may require Personal Information to be used for a purpose not previously described.

Changes to Data Retention

Opti-mized may modify:

  • Retention practices;
  • Archival practices;
  • Backup practices;
  • Aggregation practices.

Changes may result from:

  • Storage architecture;
  • Legal requirements;
  • Customer needs;
  • Product functionality.

Material changes may be reflected in Section 13.

Changes to Data Storage and Location

Opti-mized may change:

  • Hosting providers;
  • Cloud services;
  • Geographic regions;
  • Backup architecture.

Where these changes materially affect privacy practices, Section 12 or another applicable section may be updated.

Customer-specific data-residency commitments are generally governed by applicable agreements and are not automatically changed by a general Privacy Policy update.

Changes to Security

Security practices evolve continuously.

Opti-mized may introduce:

  • New authentication controls;
  • New monitoring systems;
  • New encryption configurations;
  • New incident-response procedures;
  • New security providers.

Not every internal security improvement requires a public Privacy Policy revision.

However, material changes affecting our public privacy representations may be reflected in Section 14.

Changes to Service Providers and Subprocessors

Opti-mized may:

  • Add service providers;
  • Replace service providers;
  • Discontinue providers.
  • These changes may affect:
  • Hosting;
  • Payments;
  • Communications;
  • Analytics;
  • Security;
  • Customer support;
  • Integrations.

Certain customers may have contractual rights concerning changes to subprocessors.

Where such rights apply, subprocessor notices may be provided separately from this Privacy Policy.

Changes to Advertising, Marketing, and Cookies

Opti-mized may add, remove, or modify:

  • Advertising technologies;
  • Analytics providers;
  • Pixels;
  • Retargeting services;
  • Email marketing tools;
  • Cookie technologies;
  • Consent-management tools.

Where these changes materially affect website visitors, Sections 9, 10, or 11 may be updated.

Changes to cookies may also be reflected through:

  • Cookie banners;
  • Preference centers;
  • Supplemental notices.

Changes to Third-Party Integrations

Opti-mized may introduce integrations with:

  • Utility systems;
  • Identity providers;
  • Customer systems;
  • Other software platforms.

New integrations may require additional privacy disclosures.

Third-party services may also change their own:

  • Privacy practices;
  • Security practices;
  • Data-location practices;
  • Technology;
  • Ownership.

Opti-mized may update its disclosures in response to material changes we become aware of.

Changes to Applicable Law

Privacy, cybersecurity, marketing, artificial intelligence, data localization, and consumer-protection laws continue to evolve.

Opti-mized may update this Privacy Policy in response to:

  • New legislation;
  • Amendments;
  • Regulations;
  • Court decisions;
  • Regulatory guidance;
  • Enforcement developments.

Changes may affect:

  • Canadian privacy rights;
  • U.S. state privacy rights;
  • Minor privacy protections;
  • International data transfers;
  • Security incident requirements;
  • Advertising and opt-out rights;
  • AI and automated-processing obligations.

New Laws May Apply Before This Policy Is Updated

Applicable mandatory law may change before Opti-mized publishes a revised Privacy Policy.

Nothing in this Policy is intended to prevent a newly applicable mandatory legal requirement from taking effect merely because the Policy has not yet been updated.

Where this Privacy Policy conflicts with a mandatory legal obligation, applicable law controls to the extent required.

Changes to Customer Agreements

Customer agreements may change independently from this Privacy Policy.

An amended:

  • Customer agreement;
  • Data Processing Addendum;
  • Security schedule;
  • Statement of work

may establish customer-specific requirements.

An update to this Privacy Policy does not necessarily modify negotiated contractual obligations unless the applicable agreement provides otherwise.

Customer agreements may provide additional protections concerning:

  • Security;
  • Data residency;
  • Retention;
  • Confidentiality;
  • Subprocessors;
  • Data deletion.

Last Updated Date

Whenever this Privacy Policy is revised, Opti-mized will update the “Last Updated” date displayed at or near the beginning of the Policy.

The Last Updated date is intended to help users determine whether the Policy has changed since they last reviewed it.

Effective Date

Opti-mized may also identify an Effective Date where appropriate.

The effective date may be:

  • The date of publication;
  • A later date specified in the notice;
  • Another date required by law.

The Last Updated date and Effective Date may be the same or different.

Previous Versions

Opti-mized may retain historical versions of this Privacy Policy for:

  • Legal records;
  • Compliance;
  • Customer reference;
  • Internal administration.

We do not necessarily maintain every historical version publicly.

Where reasonably available, users may contact:

info@opti-mized.com

to inquire about a prior version.

Material Changes

Where required by applicable law, Opti-mized may provide additional notice before or when a material change takes effect.

A change may be considered material depending on whether it significantly affects matters such as:

  • Information collected;
  • Purposes of processing;
  • Disclosure;
  • Advertising practices;
  • User rights;
  • Security;
  • Retention;
  • Data location.

Potentially material changes may include:

  • Collection of a substantially new category of Personal Information;
  • Use of Personal Information for a materially different purpose;
  • Introduction of a significant new disclosure practice;
  • Introduction of materially different advertising processing;
  • Significant changes to individual privacy rights.

Whether a change is legally “material” depends on applicable law and context.

Non-Material Changes

Changes that may not require separate notice include:

  • Correcting spelling or grammar;
  • Improving formatting;
  • Clarifying definitions;
  • Updating examples;
  • Reorganizing sections;
  • Fixing broken links;
  • Updating contact information;
  • Clarifying existing practices.

How We May Provide Notice

Where required or appropriate, notice may be provided through:

  • Website notice;
  • Platform notice;
  • Email;
  • Account notification;
  • Customer administrator communication;
  • Cookie banner;
  • Other appropriate means.

For organization-level customers, notice may be provided to:

  • Customer administrators;
  • Contract contacts;
  • Privacy contacts.

Customer agreements may specify particular notice methods, and Opti-mized intends to follow those requirements where applicable.

Supplemental and Just-in-Time Notices

A new processing activity may sometimes be described through:

  • A product-specific notice;
  • A just-in-time notice;
  • A supplemental privacy notice.
  • For example, a new form may explain at the point of collection:
  • What information is collected;
  • Why it is collected.

Such notices may supplement this general Privacy Policy.

Consent to New Processing

Where applicable law requires consent before using Personal Information for a materially different purpose, Opti-mized may obtain that consent before beginning the processing.

Updating this Privacy Policy alone does not replace legally required consent.

Continued Use

Where legally permitted, continued use of Opti-mized services after a revised Privacy Policy takes effect may indicate that the user has received notice of the updated Policy.

However, continued use will not replace affirmative consent where applicable law specifically requires it.

Existing Information and New Purposes

If Opti-mized proposes to use previously collected Personal Information for a substantially new purpose, we may consider:

  • Whether the new purpose is compatible with the original purpose;
  • Whether additional notice is required;
  • Whether consent is required;
  • Whether customer authorization is required;
  • Other applicable legal requirements.

Publication of a revised Privacy Policy does not automatically provide unlimited authority to use previously collected Personal Information for any new purpose.

Emergency and Security Changes

Opti-mized may make urgent changes to:

  • Software;
  • Infrastructure;
  • Security controls;
  • Authentication;
  • Monitoring.

without advance notice where delay could create significant security or operational risk.

If an emergency change materially affects privacy practices, we may provide notice afterward where advance notice is impracticable and applicable law permits.

Changes Required by Law

Opti-mized may implement changes necessary to comply with:

  • New privacy rights;
  • Consent requirements;
  • Opt-out requirements;
  • Regulatory orders;
  • Court orders;
  • Other legal obligations.

Geographic Expansion

If Opti-mized begins serving a new country or region, we may add:

  • Country-specific rights;
  • Transfer provisions;
  • Data-residency disclosures;
  • Supplemental notices;
  • Additional contact information.

Changes to Privacy Rights

If new laws create additional privacy rights, Opti-mized may update:

  • Section 15;
  • Section 16;
  • Section 17;

Other applicable sections.

Privacy requests remain valid while the Privacy Policy is being updated.

Changes to Minors' Privacy

Changes relating to:

  • COPPA;
  • State minor privacy laws;
  • International youth protections

may require updates to Section 19.

Changes to Third-Party Services

Changes involving external integrations, links, or independent services may result in updates to Section 20.

Changes to Account and Deletion Practices

If account-management or deletion functionality changes, Section 18 may be revised.

Product-Specific Privacy Policies

Certain future services may have their own privacy notices or policies.

Where a product-specific notice applies, it may:

  • Add information;
  • Modify particular practices for that service.

A more specific notice may govern the relevant product to the extent expressly stated.

Privacy by Design and New Features

New products or features may be reviewed for privacy considerations before release.

Depending on the feature, this may include consideration of:

  • Data collection;
  • Use;
  • Disclosure;
  • Retention;
  • Security;
  • User controls.

Where appropriate, privacy considerations may be incorporated during product design.

Corrections and Clarifications

Opti-mized intends for this Privacy Policy to accurately reflect our practices.

If we identify:

  • An error;
  • Omission;
  • Ambiguous statement;
  • Outdated explanation.
  • we may correct or clarify it.

A correction that does not materially reduce an individual's rights may take effect upon publication.

If an error materially affected a legally required notice, Opti-mized may provide additional notice or take other corrective action where required.

No Retroactive Elimination of Mandatory Rights

A policy update cannot retroactively eliminate legally protected rights that applied when information was processed.

An individual's rights ultimately depend on applicable law and applicable customer agreements, not solely on the wording of the current Privacy Policy.

Policy Changes and Customer Contracts

Nothing in this section gives Opti-mized an unrestricted right to change negotiated customer obligations through a website Privacy Policy.

Specific commitments concerning:

  • Security;
  • Residency;
  • Retention;
  • Confidentiality;
  • Subprocessors.

remain governed by the applicable agreement.

Policy Updates and Marketing Preferences

A Privacy Policy update does not automatically re-subscribe an individual who previously opted out of marketing.

Opti-mized may seek to preserve:

  • Marketing opt-outs;
  • Advertising preferences;
  • Cookie preferences.

across policy revisions where technically and legally appropriate.

Privacy Notices Are Not Marketing

Important notices concerning:

  • Privacy;
  • Security;
  • Account operation;
  • Material policy changes.

are generally operational or legal communications rather than promotional marketing.

A user who has unsubscribed from marketing may therefore still receive legally or operationally necessary privacy notices.

Policy Versioning and Records

Opti-mized may maintain internal records identifying:

  • Policy version;
  • Approval date;
  • Publication date;
  • Effective date;
  • Material notices;
  • Consent records.

These records may be retained for legal, compliance, and historical purposes.

Policy Updates and Business Growth

As Opti-mized grows, it may become subject to privacy laws based on:

  • Revenue;
  • Processing volume;
  • Business activity;
  • Geographic presence.
  • This may require additional:
  • Privacy notices;
  • Consumer-right mechanisms;
  • Consent controls;
  • Opt-out mechanisms.

Discussion of a law in this Privacy Policy does not necessarily mean that law applies to Opti-mized at all times.

Future Privacy Controls

Opti-mized may introduce additional mechanisms such as:

  • Dedicated privacy portals;
  • Automated request forms;
  • Preference centers;
  • Browser-signal recognition;
  • New consent tools.

Unless otherwise stated, users may continue submitting privacy questions or requests to:

info@opti-mized.com

No Need to Resubmit Existing Requests

If Opti-mized changes a privacy contact method after a valid request has already been submitted, we do not intend to require the requester to restart solely because the Policy changed.

Pending requests and complaints will continue to be handled under applicable law.

Changes Do Not Automatically Admit Prior Wrongdoing

Introducing stronger:

  • Security controls;
  • Privacy controls;
  • Disclosures.

does not necessarily mean earlier practices were inadequate or unlawful.

Likewise, updating language following a complaint does not necessarily constitute an admission of wrongdoing.

Effective Changes

Unless otherwise stated, revisions may become effective:

  • When posted;
  • On a separately stated effective date.

Opti-mized may publish a revised Policy before its effective date.

Where advance notice is required by law, we intend to provide it.

User Acknowledgment

Where appropriate, Opti-mized may ask users to acknowledge receipt or review of an updated Privacy Policy.

Acknowledgment of receipt does not necessarily mean the user has provided legally required consent to every processing activity.

No Waiver of Mandatory Rights

Nothing in this section is intended to:

  • Waive mandatory privacy rights;
  • Reduce rights provided by applicable law;
  • Prevent a lawful complaint to a regulator.

If applicable mandatory law provides greater protections than this Privacy Policy, the law controls to the extent required.

Questions About Changes

Users may contact Opti-mized with questions concerning changes to this Privacy Policy at:

info@opti-mized.com

A user may ask:

  • What changed;
  • Whether a change affects their information;
  • When a change becomes effective;
  • How a new practice applies.

Summary

Opti-mized may periodically update this Privacy Policy to reflect changes to our:

  • Products;
  • Hardware;
  • Software;
  • Analytics;
  • Services;
  • Data practices;
  • Security;
  • Service providers;
  • Technology;
  • Legal obligations.
  • When we do so:
  • We will update the Last Updated date;
  • We may provide a separate Effective Date;
  • We may provide additional notice of material changes where required by law;
  • Material notice may be provided through the website, platform, email, customer communications, or another appropriate method;
  • Minor edits, clarifications, formatting changes, and corrections may not require separate notice;
  • Where a new processing activity legally requires consent, updating this Privacy Policy alone will not replace that required consent;
  • Continued use may constitute acknowledgment where legally permitted, but does not replace affirmative consent where required;
  • Existing mandatory privacy rights cannot be eliminated merely through a Privacy Policy revision;
  • Customer-specific contractual commitments continue to apply independently from this general Policy;
  • Changes to subprocessors, security, data location, or retention may also be governed by customer agreements or Data Processing Addenda;
  • Emergency security changes may sometimes need to take effect before a public Policy update;
  • New legal requirements may apply before this Policy is revised;
  • Supplemental or jurisdiction-specific notices may be provided where appropriate;
  • Existing privacy requests remain valid during policy updates;
  • Historical versions may be retained for compliance purposes.

Questions concerning this Privacy Policy or changes to it may be submitted to:

Opti-mized Solutions Inc.

Email: info@opti-mized.com

Our objective is to keep this Privacy Policy reasonably current as Opti-mized's technology, products, services, data practices, legal obligations, customer relationships, and geographic operations evolve, while providing additional notice or obtaining additional authorization when applicable law requires us to do so.

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Contact Opti-mized

In short: For privacy questions or requests, email info@opti-mized.com.

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If you have questions about this Privacy Policy, Opti-mized’s privacy practices, the way we collect, use, disclose, retain, protect, or otherwise process information, or if you would like to exercise an applicable privacy right, please contact:

Opti-mized

Email: info@opti-mized.com

This email address may be used for privacy-related questions, requests, concerns, complaints, account requests, and other inquiries relating to the handling of Personal Information.

Depending on the nature of your inquiry, Opti-mized may route your request to appropriate personnel responsible for:

  • Privacy;
  • Security;
  • Customer support;
  • Account administration;
  • Account administration;
  • Legal matters;
  • Technical operations;
  • Billing;

Other relevant functions.

Privacy Questions

You may contact Opti-mized if you have questions concerning:

  • This Privacy Policy;
  • Information we collect;
  • Information generated through Opti-mized products and services;
  • How information is used;
  • How information is disclosed;
  • Data retention;
  • Data storage;
  • International processing;
  • Security;
  • Cookies;
  • Analytics;
  • Advertising technologies;
  • Marketing communications;
  • Third-party service providers;
  • Customer Facility and Operational Data;
  • Energy and Operational Data;
  • Facility Intelligence Data;
  • Privacy rights;
  • Account deletion;
  • Information relating to minors;

Other privacy-related matters.

Privacy Rights Requests

Where applicable law provides privacy rights, you may contact:

info@opti-mized.com

to submit a request.

Depending on applicable law, a request may concern:

  • Access to Personal Information;
  • Confirmation of processing;
  • Correction;
  • Deletion;
  • Data portability;
  • Withdrawal of consent;
  • Restriction of processing;
  • Objection to processing;
  • Marketing opt-out;
  • Sale opt-out;
  • Sharing opt-out;
  • Targeted-advertising opt-out;
  • Profiling opt-out;
  • Rights concerning automated processing;
  • Appeal of a privacy-request decision;

Other applicable rights.

The specific rights available depend on:

  • Jurisdiction;
  • Applicable law;
  • Nature of the information;
  • Opti-mized’s relationship with the individual;

Other relevant circumstances.

Account Closure Requests

Users may contact:

info@opti-mized.com

to request closure of an individual Opti-mized account.

An account closure request should clearly indicate that the user wishes to:

Close their Opti-mized account.

Where appropriate, users may also indicate whether they are requesting:

Deletion of eligible Personal Information;

  • Another privacy action.
  • Marketing unsubscribe;

Account closure and Personal Information deletion are related but separate actions, as described in Section 18.

Organization-Level Account Requests

Requests concerning an entire customer organization may require authorization from an appropriate customer representative.

For example, a request to:

  • Close an organization account;
  • Delete customer Facility Data;
  • Export all customer information;
  • Transfer administrator access

may need to be submitted or confirmed by an authorized customer administrator or contractual representative.

Opti-mized may verify that authority before taking action.

Data Access Requests

Individuals may contact us to request access to Personal Information where applicable law provides such a right.

A request may state:

“I would like to request access to the Personal Information Opti-mized maintains about me.”

Providing sufficient identifying information can help us locate the relevant records.

Correction Requests

If you believe Personal Information maintained by Opti-mized is inaccurate or incomplete, you may request correction.

For example:

“Please correct the email address associated with my account.”

Some account information may also be editable through available platform functionality.

Deletion Requests

Where applicable law provides a deletion right, you may request deletion of eligible Personal Information by contacting:

info@opti-mized.com

A request may state:

“I would like Opti-mized to delete eligible Personal Information relating to me.”

Deletion requests may be subject to:

  • Verification;
  • Legal exceptions;
  • Contractual requirements;
  • Retention requirements;
  • Security requirements;
  • Technical limitations.

Customer Facility Data Requests

Customer Facility and Operational Data may be governed by:

  • Customer agreements;
  • Customer administrator permissions;
  • Applicable law.

An individual user’s privacy request does not necessarily authorize deletion or disclosure of an entire customer organization’s facility information.

Requests relating to organization-level data should clearly identify:

  • Customer organization;
  • Facility;
  • Authorized requester;
  • Requested action.

Data Export Requests

Customers may contact us regarding available data-export options.

Depending on the product and account configuration, export requests may concern:

  • Reports;
  • Energy information;
  • Facility information;
  • Equipment information;
  • Other customer records.

The availability and format of an export may depend on:

  • Product functionality;
  • Customer agreement;
  • User permissions;
  • Technical feasibility.

Data Portability Requests

Statutory data portability rights may apply separately from contractual customer data-export rights.

Where applicable law provides a portability right, individuals may contact:

info@opti-mized.com

and clearly indicate that they are making a:

Data Portability Request.

Withdrawal of Consent

Where Opti-mized relies on consent and applicable law permits withdrawal, you may withdraw consent by contacting:

info@opti-mized.com

Please identify the processing activity to which the withdrawal relates where possible.

Withdrawal of consent may affect:

  • Certain communications;
  • Optional features;
  • Other consent-dependent processing.

Withdrawal does not necessarily require deletion of information that may lawfully be retained for another purpose.

Marketing Preferences

Users may opt out of applicable marketing communications by:

Marketing opt-out does not necessarily stop:

  • Security notices;
  • Account communications;
  • Billing messages;
  • Transactional communications;
  • Service notifications;
  • Other non-promotional communications.

Cookie and Advertising Questions

Questions regarding:

  • Cookies;
  • Analytics;
  • Advertising technologies;
  • Retargeting;
  • Sale;
  • Sharing;
  • Targeted advertising

may also be submitted to:

info@opti-mized.com

Where available, users may also use:

  • Cookie preference controls;
  • Browser settings;
  • Applicable universal opt-out mechanisms.

Additional information appears in Sections 9, 10, and 17.

Sale and Sharing Requests

Opti-mized does not sell Personal Information for monetary compensation.

However, where applicable law provides rights concerning legally defined:

  • Sale;
  • Sharing;
  • Targeted advertising,

individuals may submit applicable opt-out requests to:

info@opti-mized.com

Profiling and Automated Processing Requests

Where applicable law provides rights concerning certain profiling or automated decision-making, qualifying requests may also be submitted to:

info@opti-mized.com

Opti-mized’s core analytical systems generally focus on:

  • Facilities;
  • Equipment;
  • Energy use;
  • Operational patterns

rather than consequential decisions about individuals.

Security Questions

Questions concerning Opti-mized’s general security practices may be submitted to:

info@opti-mized.com

Security practices are described in Section 14.

Reporting a Suspected Security Issue

If you believe:

  • Your account may have been compromised;
  • Someone has accessed your account without authorization;
  • You received a suspicious communication claiming to be from Opti-mized;
  • You discovered a potential security issue;
  • Customer information may have been exposed

please contact:

info@opti-mized.com

as soon as reasonably practicable.

It may be helpful to clearly identify the subject of the message as:

  • Security Concern

or

  • Suspected Security Incident

Information to Include in a Security Report

Where available, a security report may include:

  • Description of the issue;
  • Date and time;
  • Relevant account;
  • Relevant organization;
  • Screenshots;
  • Other useful context.

Please do not send:

  • Passwords;
  • Full payment-card numbers;
  • Authentication tokens;
  • Encryption keys;
  • Other unnecessary sensitive credentials.

Vulnerability Reports

Good-faith reports concerning potential security vulnerabilities may also be directed to:

info@opti-mized.com

Detailed vulnerability information should be provided privately rather than publicly where disclosure could create additional risk.

Privacy Complaints

If you believe Opti-mized has not handled Personal Information appropriately, you may submit a privacy complaint.

A complaint may include:

  • Description of the concern;
  • Relevant Personal Information;
  • Relevant dates;
  • Relevant account or organization;
  • Requested resolution.

Opti-mized may review the matter and respond as appropriate.

Privacy Complaints Are Different From Product Disputes

A privacy complaint generally concerns handling of Personal Information.

Other matters such as:

  • Billing;
  • Contract terms;
  • Product functionality;
  • Analytical findings;
  • Facility Intelligence conclusions

may be handled through separate customer-support or contractual processes.

Regulatory Complaints

Depending on where you live, you may also have the right to submit a complaint to:

  • Privacy regulator;
  • Data-protection authority;
  • State attorney general;
  • Other applicable government authority.

Nothing in this Privacy Policy is intended to prevent an individual from contacting an applicable regulator where legally entitled to do so.

Contacting Opti-mized First

Individuals are welcome to contact Opti-mized first so that we have an opportunity to review and respond to a concern.

However, contacting Opti-mized first is not necessarily required where applicable law allows a complaint to be submitted directly to a regulator.

Privacy Request Appeals

Where applicable law provides a right to appeal a privacy-request decision, an appeal may be submitted to:

info@opti-mized.com

The request should clearly state:

Privacy Request Appeal and, where possible, identify:

  • Original request;
  • Date submitted;
  • Response received;
  • Reason for appeal.

Questions From Canadian Individuals

Canadian individuals may contact:

info@opti-mized.com

regarding rights described in Section 16.

Requests may concern:

  • Access;
  • Correction;
  • Consent;
  • Privacy practices;
  • Other applicable Canadian privacy rights.

Questions From U.S. Individuals

United States residents may contact:

info@opti-mized.com

regarding rights described in Section 17.

Depending on applicable state law, requests may involve:

  • Access;
  • Correction;
  • Deletion;
  • Portability;
  • Sale;
  • Sharing;
  • Targeted advertising;
  • Profiling;
  • Appeals.

Requests Concerning Minors

Parents, guardians, authorized organizations, or minors with applicable privacy rights may contact:

info@opti-mized.com

regarding Personal Information relating to a minor.

Additional information appears in Section 19.

Verification of Privacy Requests

Before responding to certain privacy or account requests, Opti-mized may need to verify:

  • Identity;
  • Account relationship;
  • Authority;
  • Jurisdiction;
  • Customer administrator status.

Verification helps prevent:

  • Unauthorized disclosure;
  • Fraudulent deletion;
  • Account takeover;

Unauthorized account changes.

Verification Methods

Depending on the request, verification may involve:

  • Confirmation through an account;
  • Email verification;
  • Matching information against existing records;
  • Other reasonable methods.

Proportional Verification

The amount of verification may depend on the risk associated with the request.

For example:

  • Marketing unsubscribe may require minimal verification;
  • Data access may require stronger verification;
  • Organization-level deletion may require administrator authorization.

Avoid Sending Sensitive Verification Information Initially

Individuals generally should not send:

  • Passport copies;
  • Social Security numbers;
  • Government identification numbers;
  • Full payment-card information

unless Opti-mized specifically requests appropriate verification information through a suitable process.

Requests From Authorized Agents

Where applicable law permits use of an authorized agent, the agent may contact:

info@opti-mized.com

Opti-mized may request evidence of:

  • Authorization;
  • Identity;
  • Scope of authority.

Requests From Parents or Guardians

Where a parent or guardian exercises rights concerning a minor, we may request reasonable evidence of:

  • Parent or guardian status;
  • Authority.

Requests From Employees

An employee of a customer organization may exercise privacy rights concerning their own Personal Information.

The employee may not necessarily have authority to exercise organization-level rights concerning:

  • Facility Data;
  • Energy and Operational Data;
  • Customer reports.

Requests From Former Employees

Former employees may contact Opti-mized regarding:

  • Their former user account;
  • Their Personal Information.

Organization-level requests may need to be submitted by the customer.

Requests From Contractors and Consultants

Contractors and consultants may similarly exercise rights relating to their own Personal Information.

Customer Facility Data remains subject to customer authorization and applicable agreements.

Requests From Customer Administrators

Customer administrators may contact Opti-mized concerning:

  • User access;
  • Facility access;
  • Customer data;
  • Organization account management.

Requests From Government or Municipal Customers

Municipal or public-sector customers may have:

  • Contractual requirements;
  • Public-record obligations;
  • Records-retention obligations.

Requests concerning municipal records may need to be coordinated with the applicable government organization.

Identifying Your Organization

Where relevant, including the organization name can help Opti-mized distinguish between users with:

  • Similar names;
  • Multiple accounts;
  • Multiple customer relationships.

Identifying the Relevant Facility

For requests involving facility information, users may identify:

Facility name;

  • General location;
  • Relevant customer organization.

Do not provide unnecessary sensitive details.

Identifying the Relevant Account

Where possible, use the email address associated with the Opti-mized account when submitting a privacy request.

This may assist verification.

Request Format

A privacy request does not need to use legal terminology.

For example, a user may simply write:

“Please send me the Personal Information you have about me.”

or:

“Please delete my account.”

or:

“Please correct my contact information.”

or:

“Please stop sending me marketing emails.”

Opti-mized may interpret and route the request appropriately.

Clarification

If a request is unclear, Opti-mized may ask for clarification.

For example, we may ask whether the individual wishes to:

  • Close a user account;
  • Delete Personal Information;
  • Delete organization-level Facility Data.

These actions have different consequences.

Narrowing a Request

Where appropriate, Opti-mized may ask whether a broad request can be narrowed.

This may help locate information more efficiently.

However, an individual is not necessarily required to narrow a valid statutory request where applicable law does not require it.

Request Acknowledgment

Opti-mized may acknowledge receipt of privacy requests before completing them.

Response Timing

Where applicable law establishes a deadline, Opti-mized intends to respond within the legally required period.

Different jurisdictions may establish different deadlines.

Accordingly, this Privacy Policy does not establish one universal response period for every request.

Extensions

Where applicable law permits extensions for:

  • Complex requests;
  • Large volumes;
  • Other qualifying circumstances,

Opti-mized may use the permitted extension and provide notice where required.

Request Status

Individuals may contact:

info@opti-mized.com

to request an update concerning a pending privacy request.

Response Method

Depending on the sensitivity of the information, Opti-mized may respond through:

  • Email;
  • Authenticated platform access;
  • Secure download;
  • Another appropriate method.

Secure Delivery

Opti-mized may avoid sending highly sensitive information through ordinary unsecured email where a more appropriate delivery method is available.

Access Responses

Information provided in response to an access request may be:

  • Redacted;
  • Limited

where necessary to protect:

  • Other individuals;
  • Customer confidentiality;
  • Security information;
  • Trade secrets;
  • Legal privilege.

Privacy Request Fees

Opti-mized generally does not intend to charge individuals for ordinary privacy requests where applicable law requires requests to be handled without charge.

Certain laws may permit:

  • Fees;
  • Refusal

for requests that are:

  • Excessive;
  • Repetitive;
  • Manifestly unfounded.

Any such action would be taken only where permitted by applicable law.

Requests May Be Denied or Limited

A privacy request may be denied or limited where legally permitted.

Examples may include situations where:

  • Identity cannot be verified;
  • Requester lacks authority;
  • Information must be retained by law;
  • Information concerns another individual;
  • Legal privilege applies;
  • A security exception applies;
  • Another statutory exception applies.

Explanation of Denial

Where required by law, Opti-mized may explain:

  • Why the request was denied;
  • Applicable appeal options;
  • Other legally required information.

Privacy Request Records

Opti-mized may retain limited information concerning privacy requests.

This may include:

  • Date;
  • Request type;
  • Verification;
  • Response;

Completion status.

These records may be retained for:

  • Compliance;
  • Audit;
  • Fraud prevention;
  • Complaint resolution.

Contact Records Are Personal Information

Communications submitted to:

info@opti-mized.com

may themselves contain Personal Information.

Opti-mized may use such communications to:

  • Respond;
  • Process the request;
  • Maintain appropriate records.

Do Not Send Passwords

Users should never send an Opti-mized password in an ordinary email.

Do Not Send Authentication Secrets

Users should not send:

  • API keys;
  • Session tokens;
  • Security codes;
  • Private keys

unless specifically requested through a secure process.

Do Not Send Unnecessary Sensitive Personal Information

Privacy requests should generally contain only the information needed to identify and process the request.

Accurate Contact Information

Customers should keep relevant:

  • Administrator;
  • Privacy;
  • Security;
  • Billing contacts
  • current.
  • Accurate contact information helps Opti-mized provide:
  • Security notifications;
  • Privacy notices;
  • Customer communications.

Changes to Contact Information

If Opti-mized changes its privacy contact information, we may update this Privacy Policy.

Existing requests submitted to the previously published address will be handled where reasonably possible.

Additional Contact Methods

Opti-mized may introduce additional contact methods in the future.

These may include:

  • Privacy request form;
  • Support portal;
  • Dedicated privacy email;
  • Dedicated security email.

Until otherwise stated, privacy inquiries may be directed to:

info@opti-mized.com

Customer Support Versus Privacy Contact

Opti-mized may maintain general customer-support channels separately.

However, privacy inquiries may always be submitted to the address provided in this section.

Routing Requests Internally

A request sent to the privacy contact may be shared internally only with personnel who reasonably need to handle it.

This may include:

  • Legal;
  • Privacy;
  • Security;
  • Engineering;
  • Customer support;
  • Account administration.

Confidentiality

Privacy inquiries may contain sensitive information.

Opti-mized seeks to handle them according to appropriate confidentiality and security practices.

Legal Advisers

Opti-mized may consult:

  • Legal counsel;
  • Other professional advisers
  • when responding to complex privacy issues.

Service Providers

Where necessary, Opti-mized may work with relevant service providers to:

  • Locate information;
  • Delete information;
  • Correct information;
  • Respond to a valid request.

Customer Coordination

Where Opti-mized processes Personal Information on behalf of a customer, we may need to coordinate with that customer.

Requests May Be Forwarded to the Customer

If the customer is legally responsible for responding, Opti-mized may:

  • Forward the request;
  • Refer the requester;
  • Assist the customer.

Controller and Processor Roles

The appropriate response may depend on whether Opti-mized is acting as:

  • Controller;
  • Business;
  • Processor;
  • Service provider;
  • Contractor;
  • Another legally defined role.

Legal Role May Differ by Data Category

For example, Opti-mized may process:

  • Customer user information on behalf of a customer
  • while independently using:
  • Marketing contact information.
  • Different request procedures may therefore apply.

General Business Inquiries

Questions that are not privacy-related may also be submitted through available Opti-mized business contact channels.

However, this Privacy Policy identifies:

info@opti-mized.com

as the primary contact for privacy matters.

International Requests

Individuals outside Canada and the United States may also contact:

info@opti-mized.com

concerning applicable privacy rights.

Jurisdiction Information

Opti-mized may ask for:

  • Country;
  • Province;
  • State

where necessary to determine applicable rights.

Residency Verification

Where a privacy right depends on residency, reasonable verification may be required.

Accessibility

If an individual requires assistance accessing or understanding this Privacy Policy or exercising a privacy right, they may contact:

info@opti-mized.com

Opti-mized may provide reasonable assistance where required by applicable law.

Communications Language

Opti-mized may respond in languages reasonably supported by our operations.

Additional language support may be provided where legally required or operationally available.

Questions About Data Location

Questions concerning where information may be stored or processed may be submitted to:

info@opti-mized.com

Data-location practices are described in Section 12.

Questions About Retention

Questions concerning:

  • Retention periods;
  • Deletion;
  • Backups

may also be submitted to the same address.

Section 13 provides additional information.

Questions About Security

Security inquiries may be directed to:

info@opti-mized.com

Section 14 provides general information concerning security practices.

Questions About Privacy Rights

General privacy rights are described in Section 15.

Canadian rights are described in Section 16.

U.S. state rights are described in Section 17.

Questions About Account Deletion

Section 18 describes account closure and data-request processes.

Questions About Minors

Section 19 provides additional information concerning Personal Information relating to minors.

Questions About Third Parties

Section 20 describes third-party websites, services, and integrations.

Questions About Policy Updates

Section 21 explains how this Privacy Policy may be updated.

Privacy Policy Interpretation

If you are uncertain how a provision of this Privacy Policy applies to your circumstances, you may contact:

info@opti-mized.com

for clarification concerning Opti-mized’s practices.

No Legal Advice

Responses from Opti-mized concerning this Privacy Policy are intended to explain Opti-mized’s practices and are not intended to provide personal legal advice.

Individuals may consult their own legal adviser regarding their legal rights.

Customer-Specific Contract Questions

Certain privacy questions may be governed by:

  • Customer agreement;
  • Data Processing Addendum;
  • Security schedule;
  • Other agreement.

Authorized customer representatives may contact Opti-mized for clarification concerning applicable contractual terms.

Conflicts With Customer Agreements

Where a signed customer agreement provides more specific obligations, those terms may supplement this Privacy Policy.

Regulatory Contact Information

Opti-mized does not attempt to list every privacy regulator in this contact section because the appropriate authority depends on:

  • Jurisdiction;
  • Applicable law.

Relevant regulatory rights are described in Sections 15 through 17.

Protecting Privacy Request Communications

Users should verify that privacy-related communications claiming to come from Opti-mized are legitimate before providing sensitive information.

Phishing

Opti-mized will not ordinarily ask users to send:

  • Passwords;
  • Full payment-card numbers;
  • Other authentication secrets

through unsolicited email.

Suspicious Privacy Requests

If you receive an unexpected communication claiming that Opti-mized needs sensitive information to process a privacy request, you may independently contact:

info@opti-mized.com

to verify the message.

Security of Email

Email is convenient but no electronic communication method can be guaranteed to be completely secure.

Users should avoid sending unnecessary sensitive Personal Information through ordinary email.

Alternative Secure Methods

Where a request requires exchange of sensitive documents, Opti-mized may provide another communication method where appropriate.

Privacy Request History

Keeping a copy of your privacy request may help if you later need to:

  • Follow up;
  • Appeal;
  • Provide additional information.

Reference Information

Opti-mized may provide a:

  • Ticket number;
  • Request reference;
  • Other identifier

for certain requests where such functionality is available.

Response to Complaints

Opti-mized may investigate privacy complaints by reviewing:

  • Account information;
  • System logs;
  • Communications;
  • Customer records;
  • Service-provider information.

Corrective Actions

Where appropriate, Opti-mized may take actions such as:

  • Correcting Personal Information;
  • Deleting eligible information;
  • Restricting processing;
  • Updating account access;
  • Updating procedures;
  • Improving safeguards.

No Admission of Liability

Responding to a privacy request, complaint, or concern does not necessarily constitute an admission that:

  • An error occurred;
  • Opti-mized violated law;
  • Liability exists.

Good-Faith Complaints

Opti-mized does not intend to retaliate against individuals who submit legitimate privacy questions or complaints in good faith.

Communications With Regulators

Where required, Opti-mized may communicate with privacy regulators concerning:

  • Complaints;
  • Investigations;
  • Security incidents;
  • Other legal matters.

Legal Preservation

If a privacy request relates to information subject to:

  • Legal hold;
  • Investigation;
  • Litigation,

Opti-mized may preserve relevant information as required or permitted by law.

Account Security During Requests

Opti-mized may temporarily restrict account activity if a privacy request indicates:

  • Potential account takeover;
  • Fraud;
  • Unauthorized activity.

Urgent Security Matters

Security concerns involving active unauthorized access should be clearly identified as urgent in the subject or opening of the message.

No Guaranteed Instant Response

Email requests are handled through ordinary business processes and, where applicable, within legally required timelines.

Nothing in this section creates a guarantee of immediate real-time response unless a specific agreement provides otherwise.

Privacy Contacts May Change

As Opti-mized grows, privacy responsibilities may be assigned to:

  • Privacy Officer;
  • Data Protection Officer;
  • Other designated personnel.

If a new official contact is established, this Privacy Policy may be updated.

Current Privacy Contact

Until another contact is specifically published, the contact for privacy matters remains:

Opti-mized

Email: info@opti-mized.com

Summary of How to Contact Opti-mized

You may contact Opti-mized regarding:

  • Privacy Policy questions;
  • Privacy practices;
  • Access requests;
  • Correction requests;
  • Deletion requests;
  • Data-portability requests;
  • Account closure;
  • Customer data requests;
  • Consent withdrawal;
  • Marketing opt-outs;
  • Cookie questions;
  • Sale or sharing opt-outs;
  • Targeted-advertising opt-outs;
  • Profiling rights;
  • Privacy-request appeals;
  • Security concerns;
  • Potential security incidents;
  • Personal Information relating to minors;
  • Third-party processing questions;
  • Data storage;
  • Data retention;
  • Other privacy-related concerns.

Contact:

Opti-mized

Email: info@opti-mized.com

When submitting a request, providing relevant information such as your:

  • Name;
  • Account email;
  • Organization;
  • Jurisdiction;
  • Nature of the request
  • may help us process it.
  • Please do not include unnecessary:
  • Passwords;
  • Payment-card numbers;
  • Government identification numbers;
  • Authentication credentials;
  • Other sensitive information.

Opti-mized may verify identity or authority where reasonably necessary before:

  • Disclosing Personal Information;
  • Correcting sensitive information;
  • Deleting an account;
  • Deleting customer information;
  • Transferring administrative control;
  • Completing another high-risk request.
  • Certain requests may be subject to:
  • Applicable legal exceptions;
  • Customer contractual requirements;
  • Records-retention obligations;
  • Security requirements;
  • Other lawful limitations.

Our objective is to provide a clear and practical point of contact for privacy questions and requests and to respond to applicable privacy rights in accordance with relevant law, customer obligations, security requirements, and the practices described throughout this Privacy Policy.

Privacy Contact

Opti-mized

Email: info@opti-mized.com
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