Privacy Policy

Effective Date: 2026-05-04
Last Updated: 2026-05-04

1. Introduction

This Privacy Policy describes how Smartland Energy and its affiliates (“Smartland Energy,” “we,” “us,” or “our”) collect, use, disclose, and protect personal information in connection with smartlandenergy.com (the “Site”), our communications, and our services. The legal entity responsible is Smartland Energy, LLC, an Ohio limited liability company, with offices at 1221 Brickell Avenue, Suite 940, Miami, Florida 33131.

We operate two related but distinct interactions through the Site:

Buyer-facing inquiries - prospective customers exploring dedicated behind-the-meter power for data centers, industrial campuses, and defense installations. Examples include the Capacity Availability form and the general Contact form.
Capital partner inquiries- accredited investors evaluating opportunities to participate in Smartland's late-stage, pre-NTP power infrastructure development (the “/investors/” subpath).

Some provisions of this Policy apply to both. Other provisions - particularly those addressing accredited-investor verification and securities-related communications - apply specifically to capital-partner inquiries and are called out below.

By using the Site or providing information to us, you acknowledge that you have read this Privacy Policy.

2. Information We Collect

2.1 Information You Provide Directly

We collect information you provide when you:

Submit a Capacity Availability request: name, company name, work email, phone, target capacity (MW), go-live window, buyer type, and biggest constraint.
Submit a Contact form: name, business email, phone (optional), subject, and message.
Schedule a Book-a-Call session: name, business email, phone, organization, and call topic.
Inquire as an accredited investor through /investors/: name, email, phone, organization, accredited-investor self-attestation, and information collected during accredited-investor verification (which may include financial documentation, government identification, or third-party-service verification records - see Section 6).
Communicate with us by email, phone, or in writing: any information you choose to share.
Subscribe to communications or newsletters: name and email.

2.2 Information Collected Automatically

When you access the Site, we automatically collect technical data, including:

Device and connection data: IP address, device type, browser type and version, operating system, language preference, time zone, referring URL.
Usage data: pages visited, time spent, click-stream behavior, search terms entered on the Site, files downloaded, dates and times of access.
Cookies and similar technologies: see Section 5.

2.3 Information from Third Parties

We may receive information about you from:

Service providers (e.g., the email and CRM platforms that route Site form submissions to our team).
Accredited-investor verification services (if engaged for Reg D 506(c) verification).
Public sources (e.g., LinkedIn, regulatory filings) for the limited purpose of confirming organizational role or accredited-investor representation.
Referral sources identifying you to us.

2.4 Sensitive Personal Information

In the course of accredited-investor verification, we may collect information that constitutes “Sensitive Personal Information” under California law (Cal. Civ. Code § 1798.140) or analogous categories under other state laws. Such information may include financial account information, government-issued identification, and other documentation supporting accredited-investor status. We use this information only for the purposes described in Section 3.6 and as required by federal securities laws.

2.5 Information We Do Not Collect

We do not knowingly collect personal information from individuals under 18 years of age. The Site is directed to commercial buyers, defense customers, and accredited investors and is not intended for children. If we learn we have collected personal information from a person under 18, we will delete it promptly. See also Section 9.

3. How We Use Your Information

We use the information we collect for the following purposes:

3.1 Service Delivery and Buyer Inquiry Routing

Respond to inquiries about dedicated behind-the-meter power
Confirm fit, schedule scoping calls, and propose terms
Provide capacity availability assessments

3.2 Capital Partner Communications

Respond to inquiries from prospective accredited investors
Conduct or coordinate accredited-investor verification under SEC Rule 506(c)
Provide deal-level information following execution of any required non-disclosure agreement
Process subscription documents if and when an investment decision is made

3.3 Site Operation and Improvement

Operate, secure, monitor, and improve the Site and our communications
Conduct analytics and aggregated reporting
Detect and prevent fraud, abuse, and security incidents

3.4 Marketing and Communications

Send updates, newsletters, and event invitations to individuals who have requested them or whose business relationship with us reasonably contemplates them
We honor opt-out and unsubscribe requests within the timeframes required by applicable law

3.5 Legal and Compliance

Comply with applicable laws, regulations, court orders, subpoenas, and lawful government requests
Establish, exercise, or defend legal claims
Enforce our agreements

3.6 Securities Law Compliance

Verify accredited-investor status as required under SEC Rule 506(c)
Maintain records as required by federal and state securities laws
Provide information to securities regulators on lawful request

3.7 Lawful Bases (where GDPR applies)

Where the General Data Protection Regulation applies, we rely on the following lawful bases: Contract (responding to inquiries that may lead to a business relationship); Legitimate interests (operating, securing, and improving the Site; conducting due diligence on counterparties; direct marketing where appropriate); Consent (where required, including for certain cookies and marketing communications); and Legal obligation (compliance with applicable laws including securities laws).

4. Sharing of Information

We share personal information only with the following categories of recipients:

4.1 Service Providers

We share information with vendors and service providers acting on our behalf under written contracts that limit their use of the information to the services we have engaged them to provide. These include:

Hosting and infrastructure providers (e.g., website hosting, email services)
Analytics providers (e.g., Google Tag Manager / Google Analytics)
CRM and email marketing providers
Form processing and security services (including reCAPTCHA)
Accredited-investor verification services (where engaged)
Legal, accounting, audit, and professional advisors

We do not sell personal information.

4.2 Securities Counterparties (Accredited Investor Inquiries Only)

With respect to accredited-investor inquiries and any subsequent investment activity, we may share information with:

Outside securities counsel
Broker-dealers, transfer agents, or escrow agents engaged in connection with an offering
The Securities and Exchange Commission and state securities regulators on lawful request or as otherwise required by law

4.3 Business Transfers

If Smartland Energy is involved in a merger, acquisition, financing, sale of assets, reorganization, dissolution, or similar transaction, personal information may be transferred or disclosed to the relevant counterparty subject to appropriate confidentiality protections.

4.4 Legal Requirements

We may disclose personal information when we believe in good faith that disclosure is required to comply with applicable law, regulation, legal process, or government request, or to protect the rights, property, or safety of Smartland Energy, our personnel, our counterparties, or the public.

4.5 With Your Consent

We may disclose personal information for any purpose with your consent.

5. Cookies and Tracking Technologies

We and our service providers use cookies, pixels, and similar technologies on the Site:

Strictly necessary cookies that enable the Site to function (cannot be disabled)
Performance and analytics cookies to understand how the Site is used (Google Analytics)
Functional cookies to remember preferences

You can control cookies through your browser settings or, where presented, through the cookie banner on the Site. Some Site features may not function correctly if cookies are disabled.

We do not currently respond to “Do Not Track” browser signals because no consensus standard exists, but we honor Global Privacy Control signals where required by applicable law.

6. Accredited-Investor Verification (Investors Only)

If you contact us as a prospective investor, U.S. federal securities law (specifically SEC Rule 506(c) of Regulation D) requires that we take reasonable steps to verify your accredited-investor status before completing any sale of securities to you.

Verification may involve any of:

Reviewing financial documentation you provide directly (e.g., recent tax returns, brokerage account statements, IRS Forms W-2)
Receiving a written confirmation of your accredited status from a registered broker-dealer, SEC-registered investment adviser, licensed attorney in good standing, or licensed CPA in good standing
Engaging a third-party verification service (e.g., VerifyInvestor.com or similar) to perform verification
Other reasonable steps as may be available under SEC rules and guidance

The specific verification method used depends on the documentation you are able to provide and what is most practical given your circumstances. Information provided for verification purposes is used only for that purpose and for related securities-law record-keeping. We retain verification records for the period required by federal and state securities laws. See Section 11.

Acceptance of accredited-investor status by Smartland Energy does not constitute investment advice, suitability advice, or any other professional advice.

7. Data Security

We maintain reasonable technical and organizational measures designed to protect personal information against unauthorized access, loss, misuse, and alteration, consistent with industry-standard practices. These measures include HTTPS encryption in transit, access controls, secure backup processes, and regular security assessments.

No method of transmission or storage is completely secure. We cannot guarantee the security of information you transmit to us, and you do so at your own risk.

In the event of a personal data breach affecting your information, we will notify you and the appropriate regulatory authorities as required by applicable law, including the Florida Information Protection Act and other state breach-notification statutes.

8. Your Rights and Choices

Depending on your jurisdiction, you may have the following rights with respect to your personal information:

Access - request a copy of personal information we hold about you
Correction - request correction of inaccurate personal information
Deletion - request deletion of personal information (subject to lawful exceptions, including securities-law retention requirements)
Portability - request a copy in a structured, machine-readable format
Opt-out of sale or sharing - Smartland Energy does not sell personal information; you may also opt out of “sharing” for cross-context behavioral advertising purposes
Limit use of Sensitive Personal Information - limit use of SPI to certain disclosed business purposes (CPRA)
Opt-out of profiling for solely automated decisions producing legal effects (FDBR / CPRA / VCDPA / others) - Smartland Energy does not currently engage in such profiling
Withdraw consent - where processing is based on consent
Lodge a complaint with a supervisory authority or state attorney general

To exercise these rights, contact us at the address in Section 14. We will verify your identity using reasonable measures proportionate to the sensitivity of the request and respond within the time required by applicable law (generally 45 days under CCPA/CPRA, 30 days under GDPR, 30 days under FDBR).

We will not discriminate against you for exercising any of these rights.

8.1 California / Nevada / Florida Specific Notice

California residents have rights under the CCPA/CPRA, including those described above. Nevada residents have a right under NRS 603A.300-.360 to opt out of the sale of “covered information.” Florida residents have rights under the Florida Digital Bill of Rights (Fla. Stat. § 501.71-.74), including those described above. Where state-specific procedures apply, contact us at the address in Section 14.

8.2 Notice for Visitors in the EEA, UK, or Other Non-U.S. Jurisdictions

If you access the Site from the European Economic Area, the United Kingdom, or another non-U.S. jurisdiction, you may have rights under the privacy laws of that jurisdiction, including the right to lodge a complaint with your local supervisory authority. As described in Section 10, we are based in the United States and do not actively market our services in those jurisdictions. If you submit personal information to us, that information will be transferred to and processed in the United States.

9. Children's Privacy

The Site is not directed to individuals under 18 years of age. We do not knowingly collect personal information from individuals under 18. If you believe a child under 18 has provided personal information to us, please contact us at the address in Section 14 and we will delete the information promptly.

10. International Data Transfers

Smartland Energy is based in the United States and markets and operates its services in the United States. We process personal information in the United States. The Site is publicly accessible, and incidental access by individuals outside the United States may occur. If you are located outside the United States and choose to access the Site or provide information to us, your personal information will be transferred to and processed in the United States, which may have data protection laws different from those in your jurisdiction.

We do not actively market the Site or our services in the European Economic Area, the United Kingdom, or other non-U.S. jurisdictions, and we do not target our content to individuals in those jurisdictions.

11. Data Retention

We retain personal information only as long as needed for the purposes for which it was collected, plus any additional period required by applicable law. Indicative retention periods:

Buyer inquiries: generally up to 36 months following the last interaction, unless a business relationship continues
Investor inquiries (pre-engagement): generally up to 60 months following the last interaction, reflecting securities-law record-keeping practices
Investor inquiries (post-engagement) and verification records: for the period required by SEC Rule 506(c), state securities laws, and our books and records obligations
Marketing communications subscribers: until the recipient unsubscribes, plus a brief suppression-list retention to honor the opt-out
Site analytics: generally up to 26 months in identifiable form

Records subject to legal hold or active litigation are retained until the hold is released.

12. Third-Party Links and Content

The Site may contain links to third-party websites and may incorporate third-party content (including embedded video). We are not responsible for the privacy practices of third parties. Their privacy policies govern your interactions with them.

13. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The “Last Updated” date at the top of this Policy reflects the most recent revision. Material changes will be communicated through the Site, by email, or by other reasonable means. Your continued use of the Site after the effective date of changes constitutes acceptance of the revised Policy.

14. Contact Us

To exercise any rights under this Privacy Policy, ask questions, or report concerns, contact us at:

Smartland Energy
1221 Brickell Avenue, Suite 940
Miami, Florida 33131
Phone: (877) 313-5777
Email: privacy@smartland.com

For accredited-investor verification questions specifically, you may also contact us at the /investors/ communication channels.

For European Economic Area / United Kingdom complaints, you may contact your local supervisory authority.