SunCentral

SunCentral – Privacy Policy

Last Updated: April 9, 2024

A. INTRODUCTION

1. SunCentral LLC (”we”, “our” or “us”, whether or not capitalized) respects your privacy and is committed to protecting your privacy by establishing and complying with this policy (the “policy” or our “Privacy Policy”).
2. This policy describes the types of information that we may collect from you or that you may provide when you visit www.suncentral.net or platform.pivotenergy.net or any of their successor sites (each, a “Website”), when you visit any site that refers to this policy, and/or through your use of our products and services, including all content, functionality, and subscriptions offered (all collectively our “Services”), whether as a guest or a registered user, and our practices for collecting, using, maintaining, protecting and disclosing your personal information. For purposes of this policy, personal information means information that can directly or indirectly identify you or is reasonably capable of identifying you.
3. This policy applies to personal information we collect in connection with our Services and during our recruitment process. Our Services are only available to residential and commercial customers in certain US states. Our Services are not available outside of the United States and we do not direct, target, or advertise our Services to recipients outside of the United States.
4. Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this Privacy Policy and our Terms of Service. This policy may change from time to time (see “CHANGES TO OUR PRIVACY POLICY” in Section L below). Your continued use of our Services after this policy has been updated is deemed to be your acceptance of those changes, so please check this policy periodically for updates.

B. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

1. The following methods are how we collect information about you:
   1. directly from you when you provide it to us;
   2. automatically as you navigate through our Services (detailed in Section C below); and/or
   3. from third parties, for example, our business partners or service or technical providers, or your Utility Providers.
2. We collect several types of personal information in relation to your use of our Services, including:
   1. Contact Information, such as your first or last name, date of birth, postal address, business or home physical address, email address, telephone number, or any other identifier by which you may be contacted online, offline or physically;
   2. Authentication and Electronic Information such as login credentials used to access our Services, your internet connection, device information, IP address, browser type, browser user agent string, operating system and Service website usage details;
   3. Utility Information such as the services you receive from your electric utility or photovoltaic project manager(s) or operator(s) (collectively “Utility Providers”), your Utility Provider account numbers, and your electricity usage information;
   4. User-Submitted Information such as information that you provide us when you fill out forms, register to use our Services, request information or our assistance, download information or materials, and report a problem with our Services, records and copies of your correspondence, and your responses to surveys or questionnaires that we might ask you to complete for research purposes;
   5. Transaction Information such as details of transactions or activities you request or complete with us;
   6. Services Application Information such as credit score;
   7. Search Query Information for searches made on our Services;
   8. Recruiting Information if you submit an application to work with us, including your employment history, resume, transcript, responses to questions listed on our job applications or other forms related to your application for employment, writing samples and references;
   9. Marketing information such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.

C. AUTOMATIC DATA COLLECTION TECHNOLOGIES

1. As you navigate through and interact with our Services, we may use automatic data collection technologies, often referred to as telemetry, to gather certain information about your equipment and devices, browsing actions, and patterns, as set forth above.
2. Much of the data we collect automatically is statistical data and does not include personal information, but we may maintain automatically-collected information or associate it with your personal information we collect in other ways or receive from third parties.
3. The technologies we use for this automatic data collection may include:
   1. Cookies (or “Browser Cookies”). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept Browser Cookies by activating the appropriate setting on your browser. However, if you refuse to accept Browser Cookies, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that your browser will refuse cookies, our system will issue cookies when you direct your browser to our Website.
   2. Web Beacons. Pages of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that may permit, for example, counting users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

For information about managing your privacy and security settings for Browser Cookies, please see Section H “CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION” below.

D. HOW WE USE YOUR INFORMATION

1. We may use personal information as follows:
   1. Verify your eligibility to receive our Services.
   2. To provide you with our Services, secure the Services, and optimize the functioning of the Services.
   3. To fulfill any other purpose for which you provide your information to us.
   4. To provide you with notices about your Utility Provider account(s) or Services account, including billing, payment, expiration and renewal notices.
   5. To send you marketing and promotional content we believe may be of interest to you.
   6. To carry out our obligations and establish, defend, exercise, or enforce our rights, including those arising from any contracts entered into between you and us. For example, we may process information you provide to identify any fraudulent, harmful, unauthorized, unethical or illegal activity such as use of another individual’s identity and we may use your information as necessary to defend ourselves in litigation or enforce our rights or agreements with others. We may also use your personal information in connection with conducting, completing, or responding to audits or audit results.
   7. To notify you about changes to our Services or services offered by your Utility Provider and managed through our Services.
   8. To allow you to participate in interactive features.
      
   9. To allow us or our third-party providers to support our Services and the methods used to provide them.
   10. To allow us to compile, collect, and use anonymous and aggregate data generated from or based on your information, your use of our Services, or your use of your Utility Providers’ services, for analytical and other business purposes.
   11. To provide you with support in using our Services.
   12. Understand usage patterns, store information about your preferences (allowing us to customize our Services according to your individual interests), speed up your searches, and recognize you when you return to our Websites.
   13. Conduct recruiting and hiring activities for opportunities with us, such as to review the information you submit to determine if your qualifications and experience match any available opportunities with us, to conduct background checks and verify the information you provide, communicate with you regarding any opportunities, improve our recruiting processes, process your onboarding if hired, and comply with applicable labor and employment laws.
   14. In any other way we may describe at the time you provide the information to us.
   15. For any other purpose with your consent.
   16. To comply with applicable laws and regulations, including to comply with subpoenas and other court orders to process data where we have determined there is a legal requirement for us to do so. We may provide information to government authorities or agencies as required by applicable law.

E. DISCLOSURE OF YOUR INFORMATION

We may disclose personal information as follows:

1. We may disclose personal information that we collect or you provide as described in this policy, in each instance, to recipients who are bound by contractual obligations to keep your personal information confidential and use your information only for the purposes for which we disclose your information to them, as follows:
   1. to our subsidiaries and affiliates;
   2. to your Utility Providers;
   3. to our contractors, service providers, and other third parties that we use to support our business, for example, such as payment processors, hosting providers, marketing providers, customer relationship management, and recruitment management;
   4. to a potential buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets which occurs for any reason, in which your personal information we process might be among the assets transferred;
   5. to fulfill the purpose for which you provide the information to us;
   6. for any other purpose disclosed by us when you provide the information to us; or
   7. with your consent.
      
2. We may also disclose personal information:
   1. to comply with any court order, law, or legal process, including to respond to any government or regulatory reporting, disclosure, or other requirement;
   2. to enforce or apply our Service terms of use or other posted legal terms (available on our Websites) and other agreements between us, including for billing and collection purposes; and
   3. to investigate, prevent or take action regarding illegal activities, including suspected fraud.
      
3. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SunCentral, our customers, your Utility Providers or others.
4. We may disclose anonymous and aggregated information that does not identify any individual without restriction.

F. PERSONS UNDER THE AGE OF 13

Our Services are not intended for children under 13 years of age. No one under age 13 may provide any information through our Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use our Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us customerservice@suncentral.net.

G. THIRD-PARTY WEBSITES AND APPLICATIONS

 Our Services may provide links to third-party websites and applications, including social media platforms and features. These third-party websites may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Services. We have no control over, do not review, and cannot be responsible for these third-party websites and applications or their content. The terms of this policy do not apply to these third-party websites and applications, their content, and their data processing practices. We encourage you to review the privacy policies posted on such third-party websites and applications.

H. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

1. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
   1. Tracking Technologies – Do Not Track Disclosure. SunCentral does not track its customers across third party websites to provide targeted advertising. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.
   2. Browser Cookies. You can set your browser to refuse all or some Browser Cookies, or to alert you when cookies are being sent. As of the date of this policy, the following pages provide information for frequently used browsers:
      1. Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
      2. Firefox: https://support.mozilla.org/en-us/kb/enable-and-disable-cookies-website-preferences
      3. Safari: http://www.apple.com/legal/privacy/
      4. Chrome: https://support.google.com/accounts/answer/61416?hl=en
      5. Opera: http://www.opera.com/help/tutorials/security/cookies/Browser Cookies. You can set your browser to refuse all or some Browser Cookies, or to alert you when cookies are being sent. As of the date of this policy, the following pages provide information for frequently used browsers:
      6. If you disable or refuse cookies, some parts of our Services may then be inaccessible or not function properly.
   3. Promotional Offers from SunCentral. If you do not wish to have your email address or other contact information used by SunCentral to promote our own or third-parties’ products or services, you may opt-out by using the opt-out functionality in the message or contacting us at customerservice@suncentral.net. This opt-out does not apply to transactional communications related to providing our Services and assisting your service providers. SunCentral may continue to send you informational messages regarding Services you’ve ordered or inquired about even if you opt out of promotional messages.
   4. Text Message Terms. If you elect to receive text messages, we will send you recurring text messages regarding your account activity, transaction activity, promotions, and other news and information about us to the mobile number you provided even if your mobile number is registered on any state or federal Do Not Call list. If you do not agree to these Text Message Terms, do not sign up for text messages. You understand that you do not have to sign up for text messages in order to participate in a community solar program or with SunCentral, and your consent to these text message terms is not a condition of any purchase or participation with SunCentral. Your participation in text messaging is completely voluntary. Your wireless carrier may assess certain fees or charges associated with your use of text messaging. We are not responsible for such fees. Your carrier may restrict or prohibit certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Our text message program applies only to mobile devices registered in the United States and with United States carriers. Please review your wireless carrier’s policies and contact them if you have any questions. You acknowledge that you are at least eighteen years of age and you have the consent of the wireless account holder to sign up for text messages and pay for any related fees. We may use an automatic dialing system or automated number selection system to send you text messages. Neither we nor the carriers are liable for any delays or failures in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. You are responsible for updating your number with us and ensuring your account information is correct. Messages may be sent via SMS or MMS messaging. Text messages may be promotional or transactional (in response to your registration for our Services, for example) in nature. You can cancel our text message alerts at any time by texting “STOP” in response to the text message you received, after which we will send a text message to confirm that you have been unsubscribed. After this exchange, you will no longer receive text messages from that particular number. If you want to receive our text alerts again, respond to the unsubscribe confirmation with START or change the phone number in your account and we will start sending text alerts to you again. If at any time you forget what keywords are supported, text “HELP” to the text message you received and you will receive instructions on how to use our service as well as how to unsubscribe. Please contact us as at info@suncentral.net with any questions regarding our text messages.
   5. Do Not Track Signals. There are different ways to prevent tracking of online activities. Some web browsers may allow you to enable a do-not-track feature that alerts the websites you visit that you do not want your online activities to be tracked. Our Services may not recognize or react in response to do-not-track signals. At present, no generally accepted standards exist on how companies must respond to do-not-track signals. In the event a final standard is established, we will assess and provide an appropriate response to these signals.
   6. Choosing not to share your Personal Information. You may choose not to provide personal information. If you choose not to provide personal information (or ask us to delete it as set forth below), we may not be able to provide you with our Services or certain functionality of the Website. We will tell you what information you must provide to receive the Service or Website functionality by designating it as required at the time of collection or through other appropriate means.

I. ACCESSING AND CORRECTING YOUR INFORMATION

1. You may review and change some of your personal information at any time.   Most of your information is accessible, and editable, by you through our Services, but if you are unable to do so, contact us at platform@pivotenergy.net for subscribers to our Services, or for all other inquiries, at customerservice@suncentral.net.
2. You may also send us an email at customerservice@suncentral.net, asking to request access to, correct or delete any personal information that you have provided to us. We cannot delete all of your personal information except by also deleting your Service user account. We may not be able to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Some requests to change your personal information may prevent us from fulfilling your orders or requests for Services, and so we may not be able to change certain of your personal information without causing a Service interruption. In such a case, we are not liable for such interruptions to Services.

J. ADDITIONAL CALIFORNIA PRIVACY RIGHTS

1. California Civil Code Section §1798.83, or “Shine The Light” law permits users of our Services that are California residents to request and obtain, once a year and free of charge, certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please send an email to info@suncentral.net or write us at 1601 Wewatta Street, Suite 700, Denver, CO 80202.
2. If you are a resident of California and under 18 years of age, and have a registered account with us, you have the right to request removal of unwanted data that you publicly share through our Services. To request removal of such data, please contact us using the contact information provided. We will make sure the data is not publicly displayed, but please be aware that the data may not be completely or comprehensively removed from our systems.

K. DATA SECURITY AND RETENTION

1. We have implemented measures designed to help us keep your personal information secure from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of our systems, including those that store your personal information or provide our Website or Services. Any transmission of your personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures offered through our Services.
2. The safety and security of your information also depends on you. If you have a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
3. Generally, we will retain your personal information as needed to fulfill the purposes for which it was collected, comply with our legal obligations, resolve disputes and enforce our agreements.

L. CHANGES TO OUR PRIVACY POLICY

It is our practice to post any updates that we make to this policy on the publicly-available portion of our Services. If we make material changes to how we treat our users’ personal information, we will post the updated policy to our Website. The date this policy was last updated is identified at the top of the first page of this policy. You are responsible for periodically visiting this policy to check for any changes.

M. CONTACT INFORMATION

To ask questions or comment about this policy or our privacy practices, please send an email to us at customerservice@suncentral.net or write us at 1601 Wewatta Street, Suite 700, Denver, CO 80202.