Effective date: November 13, 2026
1. About this Disclosure
This EU Data Act Disclosure (“Disclosure”) explains how EnergyHub International, Inc. (“EnergyHub International”), operating under the Kapacity.io brand (“Kapacity,” “we,” or “us”), makes certain data available to users of connected products and related services in accordance with Regulation (EU) 2023/2854 (the “EU Data Act”).
Kapacity provides an energy optimization platform that connects to supported energy devices, including smart heat pumps, through interfaces provided by device manufacturers and other service partners. Kapacity's services may be accessed through applications operated by energy companies, device manufacturers, or other service partner (the “Service Partner”).
This Disclosure applies where Kapacity provides a related service within the scope of the EU Data Act. It supplements the Kapacity Terms of Use (“TOU”) and Privacy Policy.
2. Categories of Data Generated and Collected
The Kapacity platform may receive or generate the following categories of data in connection with supported devices and related services:
Device operational data: device status; operating parameters; runtime; temperature readings; energy consumption; and performance information.
Device configuration and settings: device configuration; temperature setpoints; user-defined settings; and operating schedules.
Related service data: records of device control instructions; user actions; device responses; and events arising from use of the Kapacity service.
Technical and diagnostic data: device identifiers; connectivity information; error codes; and, where available, diagnostic information.
The types of data generated and made available may vary depending on the connected device and its supported functionality as enabled by the Service Partner.
Estimated frequency of data collection: typically polled on a period basis (e.g., every 5 to 15 minutes, or in near real-time during active demand-response control intervals. Estimated volume of data collection: approximately 100 KB to 1 MB of structured telemetry / time-series data per connected device per day (consisting of timestamped temperature, runtime, setpoints, and status metrics).
3. Data Storage and Retention
Data received or generated through the Kapacity platform is hosted within secure cloud environments located in the European Union using industry standard encryption.
The applicable retention arrangements are:
Device operational data: retained for the duration of active enrolment plus 12 to 24 months for historical reporting, performance validation, and billing verification.
Device configuration and settings: retained for the duration of active service connection; deleted or reset upon unenrolment.
Related service data: retained for up to 3 to 5 years where required for utility settlement, regulatory audit, or dispute resolution.
Technical and diagnostic data: retained for 90 days to 12 months for system stability and troubleshooting.
Data may be retained for longer where required by applicable law.
Following device unenrollment or termination of the relevant service, data will be deleted or retained in accordance with applicable legal requirements and Kapacity's documented retention arrangements.
4. How Kapacity Uses the Data
Kapacity uses relevant product data and related-service data for the following purposes, where applicable:
- Connecting, monitoring, and optimizing supported energy devices.
- Generating and transmitting device-control instructions.
- Monitoring device and service performance.
- Maintaining, securing, and troubleshooting the Kapacity platform.
- Improving and developing the Kapacity platform and its functionality.
Third-party use: disclosed strictly to the applicable Service Partner (e.g., your energy supplier), grid system operators, or contracted technology sub-processors solely as necessary to settle flexibility incentives, coordinate grid dispatch events, or deliver the service. Kapacity does not sell user data to third parties.
5. Access to and Retrieval of Data
Users may request access to product data and related-service data that Kapacity is required to make available under the EU Data Act. Restrictions or exceptions may apply, as permitted by applicable law (including the EU Data Act and the EU GDPR).
Such data will be provided in a comprehensive, structured, commonly used and machine-readable format where relevant and technically feasible, in accordance with the requirements of the EU Data Act.
How to request access: via methods provided by Service Partner or by emailing privacy@kapacity.io
Available data formats: industry standard structured formats with relevant metadata and ISO timestamps.
Access arrangements: provided free of charge without undue delay.
6. Sharing Data with Third Parties
Users may request that Kapacity make relevant product data or related-service data available to a third party of their choice, in accordance with the EU Data Act. Restrictions or exceptions may apply, as permitted by applicable law (including the EU Data Act and the EU GDPR).
Requests may be submitted through the contact form within the user account settings, or by submitting a written data portability request to privacy@kapacity.io.
Kapacity will process such requests in accordance with applicable legal requirements, including requirements relating to the identity and authorization of the requesting user, the scope of the data requested, and applicable security and data protection safeguards.
You may request that Kapacity stop sharing your data with a third party at any time by contacting Kapacity at privacy@kapacity.io. We will process your request in accordance with the EU Data Act and cease further sharing where required by applicable law. Ending data sharing does not necessarily require the deletion of data previously lawfully disclosed to that third party.
Kapacity may also disclose data to Service Partners, device manufacturers, technology providers and other recipients where necessary to provide the service or otherwise permitted by applicable law and contractual arrangements.
7. Proprietary Analytics and Derived Data
The Kapacity platform uses proprietary software, algorithms, optimization models, and analytical processes to provide its services.
Data generated through proprietary analytical or optimization processes, such as demand forecasts, optimization scores and model-generated recommendations, is generally outside the EU Data Act’s mandatory data access and sharing requirements where it constitutes inferred or derived data.
This does not exclude underlying raw or pre-processed data merely because it has been used in an optimization process. Trade secrets are protected and will be handled in accordance with the EU Data Act.
8. Security and Personal Data
Kapacity applies appropriate technical and organizational safeguards to protect data against unauthorized access, disclosure, alteration and loss.
Where requested data includes personal data, its processing and disclosure are subject to the GDPR and other applicable data protection laws.
Additional information about the processing of personal data is available in the Kapacity Privacy Policy.
9. Contract Duration and Termination
The duration and termination arrangements applicable to Kapacity's services are set out in the applicable TOU and arrangements through which the Service Partner makes those services available.
Users may unenroll supported devices or terminate their use of the relevant service in accordance with those arrangements.
Contract duration and termination arrangements: co-terminus with the user's energy tariff or service agreement with the Service Partner.
10. Data Holder and Contact Details
Data holder: Kapacity.io (operated by EnergyHub International, Inc.)
Registered address:
EnergyHub International, Inc.
41 Flatbush Avenue, Suite 400A
Brooklyn, NY 11217
United States
Data Act enquiries and requests: privacy@kapacity.io
Website: https://www.kapacity.io
Users may contact Kapacity using the details above for further information about data access, data sharing, or ask questions about this Disclosure.
Users have the right to lodge a complaint with the competent authority designated under the EU Data Act in the relevant EU Member State.
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