Privacy Policy and Notice at Collection

Privacy Policy and Notice at Collection

Last updated June 1, 2024

WATT Fuel Cell Corp (“WATT,” the “Company,” “we,” “us,” or “our”) is committed to privacy and data protection. This Privacy Policy and Notice at Collection (“Notice”) describes the privacy practices that WATT follows when collecting and using personal information collected from you through this website https://wattfuelcell.com/, and the websites under the control of WATT that link to this Notice (collectively the “Website”).

This Notice explains who we are; what personal information we collect about you; how we use it (including who we share that personal information with) and your rights and choices regarding your personal information. You can download a printable copy of this Notice here.

The Website is not directed to or meant for use by residents outside of the United States. If you are a resident of a jurisdiction other than the United States, please visit our jurisdiction specific websites.

NOTICE AT COLLECTION

1. WHAT INFORMATION DOES WATT COLLECT ABOUT ME AND WHY?

We collect information that identifies, describes, or is reasonably capable of being associated with you (“personal information”). The following discusses the categories of personal information we collect and have collected in the preceding 12 months, the sources we collect information from, and the business or commercial purposes use of your personal information.

We may collect the following categories of personal information:

Such as a real name, postal address, phone number, unique personal identifier, Internet Protocol address, email address, account name, unique identifier of device, or other similar identifiers.
Your opinions or other information. For example, if you review the products you have purchased from us or provide information about products, and the brands and products you use.
Financial information. Such as your payment card number, cvv, billing address, and related financial information. This may be considered sensitive personal information in some jurisdictions.
Commercial information. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Geolocation Data. Such as physical location or movements. We collect your IP address and infer location such as city or postcode therefrom.
Internet or other similar network activity. As described in more detail in our Cookie Policy, if you use our Website, we automatically collect information about your browsing and search history, interaction with the features of our Website, and responses to advertisements.
Professional or employment-related information. Such as current or past job history or performance evaluations.

We may use these categories of personal information for the following purposes:

To provide you with the products and services that you have requested – To administer our relationship with you and to carry out our obligations arising from the relationship between you and us, internal accounting, and administration purposes, to process payment for purchases or other services and to create and manage your account.

Some products and services may require a connection to your networks, hardware, and other on premises equipment (your “Local Network”). The products and services may use your Local Network to send information to us including product use, analytics, and diagnostic information, as well as your physical address, IP address, and other similar information. You are responsible for the purchase, operation, security, and maintenance of your Local Network.

To provide you with products and services we may collect: Identifiers; Your opinions or other information; Commercial information; Geolocation Data; or Internet or other similar network activity.

To process your payments – When you purchase products or services from us we will collect information from you to process the payment.. Where payments are processed using payment cards, we rely on third-party payment processors to complete the transaction. Information you provide in connection with your payment may be used by us or the third-party processor to process the transaction and for fraud prevention.

To process payments, we may collect and process: Identifiers; Financial information; or Commercial information.

For analytics purposes – For example, we may analyze your personal information including your location, products and/or services requested, age, time zone, IP address and URL visited, against our wider customer base for internal business purposes, such as generating statistics and developing marketing plans, to improve our services and products and the website. We may also aggregate and de-identify your information to create customer segments and share with our affiliates and partners.

To perform analytics, we may collect and process: Internet and network information.

To provide you with marketing communications that you might be interested in – If you choose to receive marketing communications from us, we may use your personal information to keep you up to date with our latest products, services, surveys, announcements, upcoming events, sweepstakes, contests and other promotions via our newsletters, emails, or other communications. If you no longer wish to receive these marketing communications, details of how to opt out are described in the section below marked “How do I stop receiving marketing communications?”

To provide marketing communications we may collect and process: Identifiers; or Commercial information.

For non-marketing communications – We may use your personal information to communicate with you about important information in relation to the product or service you have requested or other non-marketing communications. This includes: (i) to process and respond to your questions and/or inquiries; (ii) emailing you to verify your identity when you sign-up; (iv) notifying you that a particular service has been suspended for maintenance or terminated; (v) letting you know that we have updated this Notice or our Terms of Use; or (vi) letting you know about any products that you have requested or purchased. We will never contact you to ask for your password, please be careful if you receive any communications from people requesting this information.

To provide non-marketing communications we may collect and process: Identifiers.

For site optimization and management – For example we may use your personal information provided to us to:
administer the website;
ensure the security of our networks and of your information;
customize your future visits to the website based on your interests to ensure the most user-friendly online navigation experience;
improve the website and our other digital offerings (including to fix operational problems such as pages crashing and software bugs); and
provide services to our partners such as tools, analyses, data and insights to see how their website or mobile applications are used.

To support site optimization and management we may collect and process: Internet and network information.

For product development, product improvement, and business development purposes – For example, we will use information we collect from you to improve our products and develop new products.

To support product development, product improvement, and business development we may collect and process: Identifiers; Commercial information; or Internet and network information.

For fraud prevention and detection purposes and to protect and defend the rights and property of WATT, our employees and business partners.

To support fraud prevention and detection we may collect and process: Identifiers; or Internet or other electronic network activity information.

For employment application purposes – For example, if you contact us in relation to your employment prospects, we will use your personal information to consider you for current and future employment opportunities and to contact you with respect to employment opportunities at WATT that you have expressed an interest in.

To support our employment application process we may collect and process: Identifiers; or Professional or employment-related information.

To verify your identity – For example we may real name, alias, postal address, unique personal identifier, online identifier, email address, or other similar identifiers to determine if you already have an account with us.
Information that we collect automatically. When you engage with WATT we may use cookies and similar tracking technology to collect the following information about you automatically (for further information please see our Cookies Policy for more information):
Internet or other electronic network activity information. Such as browsing history, search history, information on your interaction with a website, application, or advertisement.
For example, when you visit the website, engage with WATT content or with us digitally, we may collect certain information from your computer, tablet or mobile phone (“Device”) such as your IP address, Device type (i.e. make and model), unique device identification numbers, browser-type and time zone settings
We may also collect information about how your Device has interacted with us including: the pages accessed and links clicked; how you navigate to and from the website (such as how you scroll over the site, which parts you click and how long you spend on each page); your preferences, the products and/or services that you have viewed or searched for; and crashes, download errors and response times.
Geolocation Data. Such as physical location or movements. We collect your IP address and infer location such as city or postcode therefrom.
For example, when you visit the website, engage with WATT content or with us digitally, we may collect your broad geographic location (e.g. country or city-level location) from your Device.
Inferences drawn from other personal information. Such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
For example, when you visit the website, we may use the personal information indicated above to provide you with tailored advertising, content and products that we think you may like. This is described in further detail in the section below marked “How does WATT use my personal information?”.
Information that we obtain from third party sources. From time to time, we may receive personal information about you from third party sources, but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of personal information we collect from third parties includes:
Social Media Partners. For example, if you use functionality such as “like” or “share” buttons, that social media site may pass information to us, including: the user ID for that third party site, the name, email address and location associated with the user ID and any other information permitted under the privacy policy for that website.
Retailers, distributors and third-party brand partners. For example, where permitted by applicable data protection law and, if applicable, where you have specifically consented, our retailers, distributors and third party brand partners may pass information to us including your first name, last name, email address, postal address, phone number, gender, browsing patterns, geo-location and device identifiers, click through and other cookie data, demographic information including information about your appearance and information in relation to products purchased at their stores (whether on the high-street or online through their own website or a dedicated microsite) and services requested using their websites and/or applications.
Technology partners and market research organizations. For example, where permitted by applicable data protection law and if applicable where you have specifically consented, our preferred technology partners may share information with us, including your browser patterns, geo-location and Device identifiers.

Use of Non-Personally Identifiable Information

We may use non-personally identifiable information, such as anonymized and/or aggregated Website usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Website, including to develop new features, functionality, and services, to conduct internal research, to better understand usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with personal information will be treated by us as personal information.

Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the business purpose which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

2. HOW LONG DOES WATT KEEP MY PERSONAL INFORMATION?

We retain personal information in identifiable form only for as long as necessary to fulfill the purposes for which the personal information was provided to us or, if longer, to comply with legal obligations, to resolve disputes, to enforce agreements and similar essential purposes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

3. FOR WHAT BUSINESS PURPOSE CAN WATT USE MY PERSONAL INFORMATION IN THIS WAY?

We are required to satisfy one or more of the reasons set out by applicable data privacy law before we can collect and use your personal information.

Generally, our business purpose for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally rely on the following reasons to collect and use your personal information:

Performance of a contract

Using your information may be necessary for us to perform our obligations under a contract with you or with a view to entering into such a contract. For example, where you have: (i) purchased services and/or products from us, we will need to use your information to provide those services and/or products; or (ii) approached us in relation to employment opportunities, the collection and use of your personal information is necessary to enable us to offer you the job role, process your acceptance of the offer, on-board you as an employee and fulfil our obligations as an employer.

Compliance with our legal obligations

The collection and use of your personal information may be necessary to enable us to meet our legal obligations. For example, to verify your identity and undertake necessary due diligence checks.

Pursuing our legitimate interests

Where such processing is not overridden by your interests or fundamental rights, we are permitted to use your personal information where it is necessary in order to pursue our legitimate interests, for example to operate the website and our other digital offerings, to improve our products and services, content and our other digital offerings or to undertake marketing. We may have other legitimate interests and if appropriate we will make this clear to you at the relevant time.

Consent

In some limited circumstances, we may rely on your consent to collect and use your personal information. For example, we may rely on consent: (i) where you have approached us in relation to employment opportunities and have provided us with sensitive personal information, such as information in relation to your racial and ethnic origin, sexual orientation, religion, physical and mental health, disabilities or trade union membership; or (ii) in relation to the sending of e-marketing or communications.

If we rely on consent, this will be made clear to you at the time we request your information. You can withdraw your consent at any point by using the mechanism provided at the time, or by contacting us using the contact details provided in the section “How do I contact WATT?” of this Notice.

You may not always be required to provide the personal information that we have requested. However, if you choose not to provide certain information, you may not be able to take advantage of some of our services. Any information that is so required is clearly marked as mandatory. If you would prefer that we not collect certain personal information from you, please do not provide us with any such information, or opt out of providing this information where applicable.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), these interests will normally be as set out in this Notice; however, if this changes we will make clear to you at the relevant time what those legitimate interests are.

If you have any questions or need further information concerning the business purpose on which we collect and use your personal information, please contact us using the contact details provided in the section below marked “How do I contact WATT?”

4. DOES WATT SHARE MY PERSONAL INFORMATION WITH ANYONE?

In addition to the third parties identified under the “Do we Sell or Share Personal Information” section, during the past 12 months, we may have disclosed the categories of personal information listed in the section marked “what categories of personal information does WATT collect about me?” to the following categories of recipients:

With our affiliates – We may make your personal information available to WATT affiliated companies to allow us to provide our products and services to you, for the purposes described in this Notice, or as notified to you when we collect your personal information.
With third parties for marketing purposes – Certain promotions and events may offer you the opportunity to consent to receive marketing communications from our business. If you have given your consent, your personal information may be used by such third party for the purposes stated at the point you enter the event and/or sign-up to receive the promotional updates.
With our service providers and business partners – We engage third party service providers and business partners to perform functions on our behalf (for example, to support the delivery of our products, or the website). This includes but is not limited to sharing information with the following types of service providers or business partners:
advertising providers – including companies that provide: (i) advertising space for WATT; (ii) the provision of advertising related services, including agencies instructed to make advertising purchases on our behalf, providers of ad-exchanges (a digital marketplace to buy and sell advertising space) and providers of a demand-side platform (software used to purchase advertising in an automated fashion), such as Message Media from Google;
providers of marketing and customer relationship management databases and data management platforms – that enable WATT to manage your information in a safe and efficient manner;
data analysis firms –that provide insights and help us to analyze trends using the data that we and they hold;
customer support specialists –that provide customer support services on our behalf for WATT products and services;
fulfilment companies –this includes companies that manage your orders and ship your products, or coordinate email campaigns on our behalf;
application development and web-hosting companies – to enable us to manage and improve the website;
information technology and related infrastructure providers;
email delivery providers; and
audit and professional service providers.
As part of a business transfer – WATT may disclose your personal information to an actual or potential buyer (and its agents and advisers) in relation to any actual or proposed divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.
To comply with laws – WATT may disclose your personal information to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person; and
To any other person with your consent to the disclosure.

5. WHAT ARE MY DATA PROTECTION CHOICES AND RIGHTS?

State consumer privacy laws may provide their residents with additional rights regarding our use of personal information. The following Section applies to individuals who reside in specific jurisdictions that provide additional privacy rights, including California, Colorado, Connecticut, Utah, and Virginia.

6.1 Your Rights and Choices

Right to Access Specific Information and Data Portability Right. You have the right to request that we disclose certain information to you about our collection and use of personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we disclosed personal information for a business purpose, the business purpose for which personal information was disclosed, and the personal information categories that each category of recipient obtained.

Right to Correct Information. You have the right to request we update personal information about you that is incorrect in our systems.

Right to Delete. You have the right to request that we delete any personal information about you that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) the personal information from our records, unless an exception applies.

Right to Opt-out of the sale or sharing of Personal Information for Cross-Contextual Behavioral Advertising. WATT does not sell personal information or share personal information for cross-contextual behavioral advertising purposes.

Right to Limit Sensitive Personal Information Use. You have the right to limit the use of sensitive personal information regarding you.

Non-Discrimination. We will not discriminate against you for exercising any of your rights.

6.2 How to Exercise these Rights

To submit a request to exercise these rights you may use one of these three methods:

Email: info@wattfuelcell.com
Submit a Request

For all requests, please clearly state that the request is related to “Your Privacy Rights,” indicate which type of request you are making, and provide your name, street address, city, state, zip code and an e-mail address or phone number where we may contact you. We are not responsible for notices that are not labeled or sent properly or that do not include complete information.

To appeal a decision regarding a consumer rights request, please submit your appeal using one of the three methods above. Your appeal should include an explanation of the reason you disagree with our decision. Within 60 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.

Only you, or a person registered with the an applicable Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to personal information about you. You may also make a verifiable consumer request on behalf of your minor child.

You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide the personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6.3 Opt-out Preference Signals

Change Cookie Preferences

6.4 California Shine the Light Law

California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to info@wattfuelcell.com or write us at: WATT Fuel Cell Corp, Attn: Privacy Inquiries, 402 East Main Street, Suite 800, Mount Pleasant, PA 15666

6. WHAT IF I ACCESS A THIRD PARTY SITE THROUGH THE WEBSITE?

The website may contain links to or from third party sites. Please be aware that we are not responsible for the privacy practices of such third parties. This Notice applies only to the personal information we collect as described above. We encourage you to read the privacy policies of third party sites you access from links on the website or otherwise visit.

7. WHAT IF I ACCESS OR USE A SOCIAL NETWORK OR PUBLIC FORUM THROUGH THE SERVICES?

Our website may facilitate easy access to certain social networking sites and other websites or services with user-generated content features, such as X (formerly Twitter) and LinkedIn (“Social Sites”). You understand that we do not control such services and are not liable for the manner in which they operate. Please review the Social Sites’ privacy policies if you would like more information about how they collect, use and share your personal information, your privacy rights and how to change your privacy settings.

8. HOW DO I STOP RECEIVING MARKETING COMMUNICATIONS?

We will only send you marketing communications if you have agreed to this, or if we are otherwise permitted by law. If at any time you decide that you no longer wish to receive marketing communications from us, you may opt out by clicking on the relevant ‘unsubscribe’ link in the emails you receive, by texting STOP in response to any text message or by contacting us using the details found in the section “How do I contact WATT.”

Please note, while we will honor your request to stop receiving marketing communications, we will continue to send you service-related communications such as emails confirming purchases through the website.

9. DOES WATT TRANSFER MY PERSONAL INFORMATION TO OTHER COUNTRIES?

In order to provide our services, we may need to transfer and process your personal information internationally (including to destinations outside the country in which you are located).

As a result, your information may be transferred to and/or processed in countries which may not guarantee the same level of protection for personal information as the country in which you reside. However, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Notice.

Further information can be provided on request: please contact us using the details found in the section “How do I contact WATT?” We have also implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

10. IS MY PERSONAL INFORMATION SECURE?

We understand that you care how your personal information is used and/or shared with others, and we value your trust and seek to safeguard your personal information.

We implement appropriate technical and organizational security measures, including physical, administrative and technical safeguards to protect your personal information from unauthorized access, use and disclosure.

The measures we use to protect your personal information are designed to provide a level of security appropriate to the risk of processing your personal information. However, please be aware that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures that we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.

11. HOW OLD DO I HAVE TO BE TO USE THE WATT SITES OR OTHER DIGITAL OFFERINGS?

You must be aged 13 or over to use the WATT sites and our other digital offerings.

We take your privacy very seriously and we understand the importance of taking extra precautions to protect the privacy and safety of children who use our products and services. We do not solicit or knowingly collect personal information from children aged 13 and under. If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.

California Minors: If you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us using the contact methods in Section 6.2 – How to Exercise These Rights.. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your personal information from the Website does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.

12. DOES THIS NOTICE EVER CHANGE?

We may update or modify this Notice from time to time in response to changing legal, technical or business developments. We will obtain your consent to any material Notice changes if and where this is required by applicable data protection laws. The date of the most recent version of this Notice will appear at the top of the page.

When we update our Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. for example, we will notify you of any changes to this Notice by posting a new Notice and updating the “last modified” date at the top of this page or by sending the new Notice to you via email, where appropriate.

13. HOW DO I CONTACT WATT?

If you have any questions or comments about this notice, the ways in which we collect and use your information described in this Notice, or your choices and rights regarding such use please do not hesitate to contact us at:

E-mail info@wattfuelcell.com

Postal Address WATT Fuel Cell Corp, Attn: Privacy Inquiries, 402 East Main Street, Suite 800, Mount Pleasant, PA 15666