PEOPLE POWER PRIVACY POLICY AND CALIFORNIA PRIVACY RIGHTS STATEMENT

Last modified: October 28, 2010

INTRODUCTION

We provide innovative, customer-facing and white label, energy-management products and related services. These products and services are empowering people to be energy efficient and changing the way people think about their energy usage. To provide you with the benefits of these products and services, we collect certain types of information from you. This privacy policy describes how we collect, protect and handle the information that you provide and that we obtain through our web-based services (the "Services") and related web sites (the "web portal") and through in-home devices including the Dashboard (collectively, the "Devices"). In this privacy policy, for convenience we refer to the combination of products and services we provide, including the Services, web portal, the Devices and the People Power Energy Services Platform ("ESP") that interconnects, via the internet, the web portal and the Devices, as the "System".

Your privacy is very important to us and we describe the various kinds of information we collect, including your personally identifiable information, and how we treat it below. If you have any questions as to how the privacy policy applies to you, please email us at privacy@peoplepowerco.com.

Please read this Privacy Policy carefully. By installing and/or using any portion of the System, you agree to the provisions of this Privacy Policy.

1. Information We Collect

We collect information relating to you and your use of the System in order to provide services and features that are easy to use and responsive to your needs. We use the term "Information" to refer to any personally identifiable or anonymous information relating to you or your use of any portion of our System. We collect various categories of Information in connection with your use of the System and some of this information specifically identifies you or your household. The following sections describe more specific categories of Information.

1.1 Account Information
Account Information is information about your account, including your Contact Information and Service Information (both defined below) and other account related information that is necessary or useful for us to manage your account, your subscription to special features or services offered through the Services and privacy preferences. Account Information does not include any personally identifiable Usage Information. Account Information may be provided by you or a technology provider, service provider, third party website, or merchant involved in the development and/or provision of the functionality of the System.

Contact Information means information that allows someone to identify or contact you, including, for example: your name, address, telephone number and email address. Your ZIP Code, without more, is not considered Contact Information because the ZIP Code, by itself, does not identify you or permit someone to contact you.

Service Information means information necessary or useful to us in providing the System to you. Examples of Service Information include your home profile (including ZIP Code and home size), home system configuration (including appliances monitored by the System, schedule, mode, automation and thermostat settings), Devices in your home (including types, model numbers and software version numbers), and the level of Service. Certain of the Service Information is collected and transmitted to us whenever a Device is connected to the ESP and by hooking up your Devices to the Service you are agreeing to have this information transmitted to us. Such information is treated as described below.

1.2 Usage Information
Usage Information is information about your electrical usage relating to electrical loads monitored by the System, your overall household electrical usage, the interaction of your Devices (particularly the Dashboard) and the web portal and your use of the System. We receive this type of information from your Devices and the web portal as you use the System.

1.3 Device Utilization Information
Device Utilization Information is data that contains detailed information about the operation of a Device in your home, such as Dashboard software and memory management, and internal environmental monitoring such as abnormal changes in a component’s temperature and operating level. Device Utilization Information records are collected whenever a Device is connected to the System. Device Utilization Information is linked to your Account Information. Device Utilization Information does not include Usage Information.

2. How We Use Information

We may use Information to enhance the System, to provide you with customer service and to make a wider range of products and services available to you.

2.1 Account Information
We use your personally identifiable Account Information to establish and service your account with us, bill you for Services, offer you new services as available, assist you in the use of the System (including customer support) and other legitimate business purposes. We also use your Information in aggregate, anonymous form to better understand how consumers use our System, which Services they use and who is likely to be interested in receiving certain other services and for other legitimate business purposes.

2.2 Usage Information
We use personally identifiable Usage Information to enable us to provide you with feedback about your energy use, to help you set energy goal/budgets and track your progress and to provide you customized content (such as tips and recommendations for reducing energy usage). We may also use Usage Information for customer support, System restoration and our internal research and development.

2.3 Device Utilization Information
We use personally identifiable Device Utilization Information for technical troubleshooting, quality control, customer support and enhancement of the System.

2.4 Anonymous Information
We also "anonymize" Information by removing any identifier that can be associated with your personal Contact Information. Anonymous Information may be associated with or include other Account Information that does not allow us or anyone else to identify you. It allows us to understand usage of the System at a ZIP Code level. Anonymous Information helps us develop reports and analyses about how our customers use our System, Services and the Devices and for other research such as research regarding behavioral inferences. We also use anonymous Information to troubleshoot technical issues with our System. We also use anonymous Information to compile statistics and reports of usage of the System. To enable technical support, anonymous Information may be identified by an anonymous random number that is not connected to any of your personally identifiable Information. To further protect your privacy, anonymous Information does not include Contact Information or any other information that would identify any specific individual or household.

3. Disclosure of Information to Third Parties

We will not disclose your personally identifiable Information to any third party for marketing or other purposes without your express permission. We disclose aggregated, anonymous Information, and analyses and reports derived from such information to third parties including utilities, our service providers, advertisers, merchants, and market research companies and other organizations.

3.1 Contractors and Third Party Service Providers
We may use independent contractors to assist with our operations. Such contractors may include programmers, consultants, billing and other agents, auditors, attorneys and accountants, potential purchasers of our business, collection agencies, and third parties who provide services necessary for us to provide the System or conduct legitimate business activities in connection with the System. Some of these contractors will have temporary access to our databases of Information. Their access to such information will be limited to specific tasks. We also use third parties to help with certain aspects of our operations, which may require disclosure of your Information to them. For example, we may use a third party to communicate with you (via telephone, email, or letter) about your account or upcoming features or services, to process and collect payment for your Services via your credit card, to generate demographic profiles based on Information of our customers, and to perform other work as part of or in relation to the System that we may need to outsource. We contractually bind these contractors and third parties to use your Information only as necessary to perform the services they are asked to perform and these contractors and third parties are responsible and liable if they misuse any Information.

3.2 Utility Partners
If the System is provided through your utility provider, we may share Information with your utility provider in accordance with your agreement with such utility provider.

3.3 Compliance with the Law: Protection of Our System and Services

Your privacy is very important to us and we have put in place technical, physical and administrative measures to protect the Information that we collect. No security system is perfect, however, and we cannot guarantee that your Information will not be disclosed to unintended third party recipients. Further, third parties may circumvent our security measures to unlawfully intercept or access your Information. Please also see Section 7 titled "Security of Information" for more information on security.

We may also be legally obligated to disclose Information to the government or third parties under certain circumstances such as a legal demand issued by a government entity, a subpoena issued in connection with a civil or criminal investigation or litigation or a court order. We may also determine that, the provisions above notwithstanding, it is necessary for us to disclose your Account Information and personally identifiable Usage Information to comply with the Electronic Communications Privacy Act, the Digital Millennium Copyright Act and any other relevant laws, to enforce our applicable End User License and Service Agreement or any other of our policies, to protect the integrity of our operations and to protect our customers or to prevent a crime.

3.4 Affiliated Companies
We may share some or all of your Information with any parent company, subsidiary, joint venture or other company under a common control with us. If this happens, we will require the related company to comply with this Privacy Policy. If another company acquires us, or acquires our assets that comprise or include your Information, we may transfer the Information to that acquiring company, which may put in place its own privacy policy with terms that are different from the terms of this Privacy Policy, but it will provide you with notice of any such changes using the Contact Information that we have for you.

4. Your Choices Regarding Information

4.1 Initial Privacy Settings
The initial privacy preferences for your account, summarized below, allow us to collect, use and disclose personally identifiable Usage Information and Device Utilization Information, in addition to Account Information, in manners consistent with this Privacy Policy.

In summary, your default privacy settings are:

Information Type Default Privacy Preferences

Account Information – Required to Provide Service*

Personally identifiable Usage Information – Required to Provide Service*

However you may opt-out of the use of this information for marketing related purposes by us and must opt-in to marketing related uses involving third-parties.

Device Utilization Information – Required to Provide Service*

* As described immediately below, you may opt-out with respect to our providing you communications regarding upcoming promotions that may interest you. We will still use the information for the other purposes outlined in Sections 1 through 3 above, including without limitation sending you messages related to the System.

4.2 Changing your Privacy Settings: How to Opt-In or Opt-Out
You may change your initial privacy settings by emailing privacy@peoplepowerco.com. You may choose to change your privacy preferences to prohibit us from collecting personally identifiable Usage Information. In all cases, however, we will collect and use your Account Information to enable us to provide the System and to bill you for any Services. We will also collect and use anonymous Usage Information and Device Utilization Information for the purposes stated in this Privacy Policy. You may opt out of receiving e-mail alerts from us by clicking on the unsubscribe link in the e-mail.

4.3 Effect of Certain Opt-Out Choices
You understand that our ability to gather and use Information may be necessary to provide certain personalized services, features and functions. If we cannot gather certain Information (such as personally identifiable Usage Information, certain Device Utilization Information, anonymous Usage Information and Commerce Information), we may not be able to provide such personalized services, features and functions.

4.4 Review and Update of Account Information
You may review your Account Information collected and stored by us and may ask us to change or update this information. If you would like to review your Account Information, you may email privacy@peoplepowerco.com and People Power will make your requested changes to your Account Information.

5. Information from Children

Only people who are over the age of 13 are permitted to use our System. If you are under the age of 13, you may not use the System and should not submit any personal information to us. Our System does not intentionally target children under 13. We comply with all applicable laws designed to protect children’s information.

6. Our Websites

Like many websites, our websites use "cookies" to recognize you and to help personalize your online experience. We also use cookies to help us understand which parts of the websites are the most popular, where our users are going and how much time they spend at various locations within the websites. The information we collect through cookies is anonymous (unless you click the remember me button) and we do not access any of your personally identifiable information through the cookies. A cookie is a small text file that is placed on your hard disk by a web page server. These cookies contain information that can later be read by a web page server in the domain that issued the cookie to you. We use cookies to store information on your computer in order to save you time by eliminating the need to enter repeatedly the same information in order to display personalized content on later visits to the Websites.

You have the ability to decline cookies through your web browser. If you choose to decline cookies, however, you may not be able to use the features of the websites that depend on cookies.

The websites may contain tiny electronic images known as web beacons. We may use web beacons to assist us in delivering cookies on the Websites and to allow us to count users who have visited those pages. We may include web beacons in promotional email messages in order to determine whether messages have been opened and acted upon.

Communication Information is information relating to you or your use of the System derived from communications sent through the System or entered by you in forums hosted on the System. We cannot protect Communication Information shared in public forums; therefore, you should use care to only disclose that information you wish to share publicly.

7. Security of Information

When you contact us by email or phone regarding your account, for your security, we ask you for certain Account Information to verify your identity before accepting requests to make changes to the account. We take these steps to ensure that only you or a household member who knows your Account Information will be able to access or change your Subscriber Information. We use industry-standard security methods, such as encryption, to secure the communication of information throughout the System. In addition, we use industry-standard methods of securing our databases that house Information. Except as provided elsewhere in this Privacy Policy, we limit access to Information databases to our personnel who have a business need for such access, including servicing your account, informing you of service news and special offers, or aggregating Account Information or anonymous Usage Information. However, you should know that no company, including our company, can fully eliminate security risks associated with Information.

8. General

8.1 Amendments to this Privacy Policy
We may occasionally update this privacy statement. When we do, we will also revise the "last modified" date at the top of the privacy statement. For material changes to this privacy statement, we will notify you either by placing a prominent notice on the home page of the web portal or by sending you a notification directly. We encourage you to review this privacy statement periodically to stay informed about how we are helping to protect the Information we collect. Your continued use of the System constitutes your agreement to this privacy statement and any updates. Please be aware that this privacy statement and any choices you make on the System do not necessarily apply to information you may have provided to us in the context of other of our separately operated products or services.

8.2 Technical Problems
Even though we have taken significant steps to ensure that your Information is never collected, used, or disclosed by us except as set forth by this Privacy Policy, technical mistakes are possible. If such a mistake takes place, we will take commercially reasonable steps to correct it.

8.3 Contact Us
Our intention is to be diligent in protecting your privacy by carefully following our Privacy Policy. If you would like to make suggestions or find out more about our privacy practices, please email us at privacy@peoplepowerco.com.

8.4 Interpreting this Privacy Policy
Examples listed in this Privacy Policy are provided to assist your understanding of this Privacy Policy and are not intended as exhaustive lists. Section headings are provided for your convenience. This Privacy Policy, as may be amended, supplements and is incorporated into the applicable End User License and Service Agreement.

U.S. – EU Safe Harbor Privacy Statement

For personal information that we receive from the European Economic Area, including Switzerland, the company has committed to handling such personal information in accordance with the Safe Harbor Principles. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s Website at www.export.gov/safeharbor/eg_main_018236.asp.

YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83(a), if you downloaded or otherwise received, installed or use any portion of the System, you may request the following information, which will be provided to you via either a writing or email free of charge: (1) a list of the categories of personal information disclosed by us to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year and (2) the names and addresses of all third parties that received personal information from us for the third parties’ direct marketing purposes during the preceding calendar year and, if the nature of the third parties’ business cannot reasonably be determined from the third parties’ name, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties’ business.

Requests for this information should be sent to privacy@peoplepowerco.com.