Last Updated: December 19, 2019
Effective Date: January 1, 2020
We may change this Policy from time to time. Please review the “Last Updated” legend at the top of this page to see when this Policy was last revised and any effective date. Any changes to this Policy will become effective when we post the revised Policy on the Digital Platforms, unless otherwise specifically noted in the legend. If you have any concerns about this Policy, please contact Nu Solar Power via the contact information provided in the “Contact Us” section below.
- THE INFORMATION WE COLLECT
- What Personal Information We Collect from You
When you visit and interact with our Digital Platforms, we collect information about you, including Personal Information. Personal Information is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
The following explains the categories of Personal Information we collect from you within the last twelve (12) months and how we collect such data.
- Online Forms: When you complete an online form to allow Nu Solar Power, or a Nu Solar Power authorized independent dealer, to contact you, we collect identifiers such as your name, address, zip code, telephone number, and e-mail address. We may also collect information sufficient to validate your identity as the party submitting the form, which may include your IP address, location information, information about your device, e.g., operating system, and a screenshot or screen recording of the form submission process.
- Communications with Nu Solar Power: When you contact Nu Solar Power by telephone, or e-mail, we collect identifiers and any other Personal Information you choose to provide, as explained below.
- Telephone: When you contact Nu Solar Power by telephone, we will collect the telephone number that you use to call Nu Solar Power. Nu Solar Power records its telephone calls for training and quality assurance purposes. During a call, Nu Solar Power may additionally collect your name, address, e-mail address, and information about your energy needs and usage. If you are a business contact for a commercial client or prospect, this may include business personal information.
- E-mail and Electronic Means: When you communicate with Nu Solar Power via e-mail or other electronic means, including through a virtual assistant, we will collect your e-mail address, name, and any Personal Information you voluntarily choose to include in the communication so that we can respond to your questions and provide you with quality service.
- Social Media, Online Forum, Blogs, Message Boards, Chat Rooms: You may choose to interact with Nu Solar Power via social media platforms on which Nu Solar Power is active, including, but not limited to Facebook, LinkedIn, review sites like Yelp, or through blogs, chat or messaging features available through the Digital Platforms. Relating to these interactions, Nu Solar Power may collect identifiers such as your screen name, real name and any information that you choose to provide such as posts, comments or feedback that you post or leave on pages, feeds or inboxes belonging to Nu Solar Power. There are areas of the Digital Platforms and social media platforms that are visible to other users or the general public, e.g., blogs. We recommend that you do not post personal details to these areas of the Digital Platforms. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN PUBLIC AREAS OR FORUMS.
- Business Contacts: Nu Solar Power collects the personal or business contact information you provide at trade shows or similar events, including through business card scans or drops, to allow us to contact you or to receive information about us, opportunities with us, or our product or services.
- Testimonials: When you provide testimonials to Nu Solar Power for us to publish on the Digital Platforms or in marketing materials, with your consent, we collect and may publish images of you, audio and/or video recordings, and identifiers that may include your name, contact information, and information about your experience with Nu Solar Power products and services.
- Applications: When you sign up or use a Nu Solar Power application or service, we collect the Personal Information you provide to create a profile, account, generate a quote or estimate, provide payment (e.g., credit card or bank account information) or to receive information about the performance of your system or Nu Solar Power products. This may include identifiers such as your name, address, zip code, telephone number, and e-mail address, as well as financial information to provide payments and information about your solar usage (see below).
- Information About Your Solar Usage: When you purchase or lease a solar system from us or one of our authorized independent dealers, which may include services like energy monitoring, you provide us directly with Personal Information about yourself and your household or give us access to information about the use of the solar system by your household. This information may include identifiers such as your name, location of the installation, energy produced by the system, energy utilized (energy demand), or the time of day when the energy is utilized. This data is incorporated into our monitoring system and used for various purposes, such as to monitor the performance or your system and to provide you services you have agreed to receive, e.g., system maintenance.
- Surveys: If you respond to surveys issued by Nu Solar Power, we will collect identifiers such as your e-mail address, name, and any information you provide in response to or relating to the survey. If we disclose information relating to the survey to third parties, we will do so in non-identifying, aggregated form. We may disclose your feedback about the performance of an independent dealer or installer to that independent dealer or installer in identified fashion.
- Leasing and Financing: If you request information from Nu Solar Power, or lease or purchase products or services from Nu Solar Power Capital, LLC, or a Nu Solar Power authorized independent dealer, we will collect information such as your name, address, information about products leased or purchased, and contact information, including telephone number and e-mail address. For example, when you finance a product with us, Nu Solar Power Capital, LLC may collect information from you, and any co-applicants or co-owners of the dwelling associated with your installation, including your contact information (e.g., name, address, phone number, e-mail address); proof of identity; Social Security or National Identity Number; financial history, including account balances and payment history; credit reports, scores and history; employment and income information, including employment verifications; and utility bills.
- Payments: When you make a payment to us, either directly or through one of our approved service providers, we collect information necessary to process the transaction and validate your identity. This may include identifiers such as your name, contact information (address and telephone number), and depending on the payment methodology, your payment card information (card number, security code, expiration date, or bank account information). When you use a Nu Solar Power approved service provider to make a payment, your use of the service is subject to that service provider’s Terms and Conditions and Privacy Notice.
- Career Opportunities: If you apply for a career opportunity with us, we may collect information such as your contact information (name, address, phone number, e-mail address); proof of identity; Social Security or National Identity Number; employment and education history, including information in a resume or CV; references or other information included in a voluntary background or driving record search; and information about you contained in any related communications, including a cover letter.
- Consent: We may use your Personal Information for any other purpose for which you consent.
- Combining Information, We Collect: We may combine any of the information we collect from or about you and use it in the manner described in this Policy.
We do not collect sensitive information about you (such as health or medical history, ethnicity, political leanings, religious beliefs, trade union membership, sexual preferences, etc.) and you should not provide such information to us.
- Cookies and other Automated Technology
- Web Browsers: Like most site operators, we gather non-identifying information from your computer and internet connection of the sort that web browsers, depending on their settings, may make available. That information includes your Internet Protocol address, operating system and browser type and version number, and the locations of the web pages you view right before arriving at, while navigating, and immediately after leaving, the Digital Platforms. Such information helps provide information on traffic data and location data, date and time of access, frequency and other communication data and details of referring websites actions, and patterns.
- Web Beacons: We use technology known as “web beacons” to collect web information. A “web beacon” is an object that is embedded in a web page. It is usually invisible to you but allows site operators to check whether you have viewed a particular web page or e-mail communication. We may place web beacons on pages of the Digital Platforms. You may not decline web beacons. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
- Cross-Device Tracking: We use data analytics companies, advertising networks, or social media companies, and features offered by data analytics services or the Facebook Pixel, to engage in “cross-device tracking,” which occurs when platforms, publishers, and advertising technology companies try to connect a consumer’s activity across smartphones, tablets, desktop computers, and other connected devices. The goal of cross-device tracking is to enable companies to link a consumer’s behavior across devices.
- Social Media Plug-ins: We may use social media plug-ins on our Digital Platforms from companies like Twitter, Facebook, YouTube, and LinkedIn to enable you to easily share information with others. We use the information collected from the plug-ins to learn about your interests and to help us better understand how to serve you. This information may include your preferences about how to contact you or further develop a business or professional relationship with you, your product or marketing preferences, and demographic data. The social media plug-ins may allow these companies to receive Personal Information about you and your visit to our Digital Platforms. When you visit our Digital Platforms, the operators of the social media plug-ins place cookies on your computer that enable them to recognize you on their websites after you have visited our Digital Platforms, or that enable them to add the information collected from your visit to our Digital Platforms with your prior activity on those websites. We do not control what information is collected by the social media plug-ins or the information practices adopted by those social media companies. For more information about social media plug-ins from social media websites, you should refer to those companies’ privacy and data sharing statements.
- Information Nu Solar Power Purchases or Receives from Third Parties
Nu Solar Power may purchase or receive information, including identifiers such as your name, address, e-mail address and telephone number from third parties to be used to market Nu Solar Power products and services to you as explained below.
- Third Parties with Whom We Have a Relationship – Nu Solar Power may receive your personal information from third parties with whom we have a relationship, including our authorized independent dealers, home builders, and lenders, to determine whether you are interested in purchasing a Nu Solar Power product or service and whether that product or service is right for you.
- Purchase of Data from Unaffiliated Third Parties – Where permitted by applicable law, Nu Solar Power may purchase your Personal Information from third parties, e.g. lead generators, and will process your data in accordance with applicable law (and with your consent, where required) to determine whether you are interested in purchasing a Nu Solar Power product or service and whether that product or service is right for you.
- Utilities: Where permitted by applicable law, and with your consent, Nu Solar Power may obtain information about your energy consumption from your utility provider. This information may be used by Nu Solar Power to provide monitoring services and calculate energy savings relating to your system, and may also be used by Nu Solar Power to understand how you use your system.
- Referral Programs: We may receive your information from third parties as part of a referral program, including our “Refer a Friend” or “Friends and Family” programs and offers. These may include programs offered by your employer, trade groups or affiliation groups. Your information will only be used for determining your interest in a Nu Solar Power product.
- Third-Party Site Information: Some of our applications leverage data, including images, from third-party sites or databases, including Google Earth images included in our design a system or estimator functionalities, or utility information provided to us by your utility company with your consent. Where required, we will seek your consent to receive this data.
- Links to Third-Party Sites: If you follow a link to any third-party sites or use sites of a third-party service provider, please note that they may have their own privacy policies and practices. Nu Solar Power does not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any Personal Information to any third-party sites.
- HOW WE USE THE PERSONAL INFORMATION WE COLLECT
We use the Personal Information set out in Section 1 or non-identifiable information we collect to facilitate the business relationship we have with you, to comply with our legal and financial obligations, and to pursue our legitimate business interests, which include the business purposes set out below:
- To provide or deliver the information, notifications, services, products, support or transactions you requested;
- To communicate with you, including to provide you information or schedule consultations about your transaction, products or services, to discuss, schedule or confirm maintenance on your system or process warranty claims, about marketing, promotional offers or surveys, and about product safety information;
- To facilitate communications with Nu Solar Power authorized independent dealers or related third parties, like pass-through warranty holders (in commercial transactions);
- To analyze, tailor, or improve our products and services, including the Digital Platforms and any content or advertising thereon;
- To analyze and improve the effectiveness of our marketing programs and the Digital Platforms;
- To enforce our legal obligations and rights, including our Digital Platforms terms and conditions, and any contractual rights (e.g., the collection of debt);
- To improve our customer service experience, including for training and quality assurance purposes;
- To monitor the performance of your system and provide you with maintenance or troubleshoot issues with your system;
- To analyze and improve the safety and security of our products and services;
- In the event of a merger, sale or other transfer event, in which Personal Information held by us about you is among the assets transferred; and
- To comply with laws applicable to publicly traded companies, including those relating to the detection, prevention and monitoring of fraud, anti-corruption, and money laundering, including Know-Your-Customer and related reporting obligations.
We also use the Personal Information we collect for commercial purposes. These include:
- To e-mail you about products and services that we believe may be of interest to you; and
- To provide your information to third parties, including our third-party distributors or Nu Solar Power authorized independent dealers, so that those third parties may directly contact you about products and services. If you wish to opt-out of receiving e-mails from us or from third parties, please follow the instructions at the bottom of each e-mail.
- HOW WE DISCLOSE PERSONAL INFORMATION
We may share your Personal Information with trusted third parties or in other instances, including where required by law. We will use contractual or other means to protect Personal Information disclosed to third parties where required to ensure that the recipient keeps the Personal Information confidential and does not use it for any other purpose except performing the services.
In the last twelve (12) months, we have disclosed your Personal Information set out in Section 1 to the following categories of third parties:
- Affiliated Entities: We share the information we collect with other Nu Solar Power entities, including subsidiaries and parent companies, companies related by common ownership or control, financial and/or non-financial companies, and joint ventures, to provide our products, services and for internal business administrative purposes;
- Business Partners: We share information, including identifiers such as your name and contact information, the status of your transaction/inquiry with us, with distributors, authorized independent dealers, installers, home builders, agents, companies that perform services for us, other companies or entities to which we report lease or sales consummation or closing data, or companies with whom we have marketing or affiliate relationships to facilitate the sale and installation of your system, and report the status of your inquiry about Nu Solar Power products;
- Service Providers: We share information with service providers that: (1) process information on our behalf; (2) provide infrastructure, products or services to us or on our behalf or help us operate or improve our business; (3) participate with us in the provision, maintenance, or operation of the Digital Platforms; and (4) provide you with information, products and/or services relating to your Nu Solar Power system or when it is necessary to provide information, products or services to you;
- Financial Institutions: Nu Solar Power Capital, LLC and Nu Solar Power Capital Services, LLC (collectively, “Nu Solar Power Capital”) share information with financial institutions, or their wholly owned subsidiaries, that finance the leases and other forms of financing, and other entities that help manage the leases and other forms of financing, send you notice of payments due, and reminders of past due payments (for more information regarding how these entities shares your Personal Information in connection with our financing options.
- Credit Reporting Agencies: Nu Solar Power Capital may report information (regarding late payments, missed payments or other defaults on your account) to credit bureaus where allowed by law;
- By Law, to Protect Rights and to Comply with Our Policies: We disclose your information if: (1) required to do so by law, or in response to a subpoena or court order; (2) we believe, in our sole discretion, that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (3) we believe that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. For example, we may be required by law to provide your Personal Information to the California Public Utilities Commission or a utility provider;
- Corporate Transactions: In the event we enter into or intend to enter into a transaction that alters our business structure, such as a sale, reorganization, merger, joint venture, change of control or other disposition of all or any portion of our business, assets or stock, we may share Personal Information with third parties to facilitate and/or complete the transaction; and
- COPYRIGHT CLAIMS
We respect the intellectual property rights of others and we ask that users of the Digital Platforms do the same. If you believe that anything on any of our Digital Platforms infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Nu Solar Power
12012 Wickchester Ln Suite 680,
Houston, TX 77079,
As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
- COLLECTION OF INFORMATION BY THIRD PARTIES
We do not control the third-party sites or applications that may be accessible through the Digital Platforms. Thus, this Policy does not apply to information provided to third-party sites or gathered by the third parties that operate them. Before visiting a third-party site or using a third-party application, whether by means of a link on the Digital Platforms or otherwise, and before providing any information to a third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that site or application, and you should take the steps you feel are needed to protect your privacy and security.
We take reasonable precautions and implement appropriate technical and organizational measures to protect the security of your information. However, neither people nor security systems are foolproof. Therefore, while we use reasonable efforts to protect your information, we cannot guarantee its absolute security. Any unauthorized access to or use of our Digital Platforms or information collected and maintained by our Digital Platforms should be immediately brought to our attention by sending us an e-mail at: Solar@NuSolarPower.com
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Digital Platforms, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of or you believe are reasonable. We ask you not to share a password with anyone.
- STORAGE OF YOUR INFORMATION OUTSIDE OF THE UNITED STATES AND CANADA
Your information may be transferred to or stored on servers in any country where Nu Solar Power conducts business, which includes outside of the United States and Canada. By using our Digital Platforms, products or services, or otherwise providing information to us, you understand that information from or about you or your use of our products or services may be transferred to and/or stored in countries outside of your country of residence, including the United States.
- CHILDREN’S PRIVACY
Our Digital Platforms are designed and intended for adults. By accessing and/or using the Digital Platforms, you represent that you are at least eighteen (18) years old. If we obtain actual knowledge that a user is not at least eighteen (18) years of age we will promptly delete information associated with that user.
In all events, the Digital Platforms are not intended for, and we do not knowingly collect information from or otherwise market our website or other materials to children under thirteen (13) years of age. If you are a parent or guardian of a child under the age of thirteen (13) and believe that he or she has disclosed Personal Information to us, please contact us as described in the “Contact Us” section below. You may review and request the deletion of your child’s Personal Information or prohibit the further use of such information.
- YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
- Disabling Cookies and Managing the Collection of your Information for Analytics and Advertising Purposes. You can disable cookies at any time by adjusting your browser settings. Browsers are different, so please refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. Please be aware, however, if you turn off cookies, you may not be able to take full advantage of all our Digital Platforms’ features.
- Commercial E-mails, Calls and Text. You may opt-out of receiving commercial, e.g., telemarketing or informational, e-mails, telephone calls and/or text messages from us by following the instructions contained in any of the written communications, from selecting to “opt-out” of those communications using the Nu Solar Power preferences center or by calling us at the number below. You may unsubscribe at any time. Please note that even if you unsubscribe from these commercial communications, we may still send you non-commercial (transactional) e-mails, and where authorized, text messages, related to your account and your transactions via the Services.
- Do Not Track. We do not currently respond to DO NOT TRACK signals.
- Mobile Apps. You can control whether our Apps send you push notifications by changing your notification settings on your mobile device.
- Access and Connections to Social Media. If you connected, linked, or shared your use of our Digital Platforms via your social media profile, you can manage the permissions granted to such third-party social media services by accessing your user settings under your account. You also can remove our access to your social media account or control what information these third-party social media services share with us at any time by accessing the privacy settings in your social media account.
- YOUR RIGHTS TO YOUR PERSONAL INFORMATION
- Access, Questions or Concerns
If you have any questions or concerns, you may contact us as described in the “Contact Us” section below.
- California Residents
If you are a resident of California, beginning on January 1, 2020, the California Consumer Privacy Act (“CCPA”) (Civil Code § 1798.100) provides you with specific rights regarding your Personal Information. These include:
- Information about Collection, Sale or Disclosure: You have the right to be informed of the categories of Personal Information that we collect about you, the categories of sources from which the Personal Information was collected, the business or commercial purposes for which the Personal Information is used, disclosed, or sold, and the categories of third parties with whom we share the Personal Information, as set forth in this Policy.
- Access to Specific Information: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. This includes 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; and the specific pieces of Personal Information we collected about you. If we sold or disclosed your Personal Information for a business purpose, you have the right to request two separate lists disclosing the categories of Personal Information that we sold about you and to whom; and the categories of Personal Information that we disclosed about you for a business purpose. You have the right to receive the Personal Information, which you have provided to us, in a portable, and to the extent technically feasible, readily useable format.
- Deletion Request Rights: You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
- Personal Information Sales Opt-Out Rights: You have the right to opt out of the sale of your Personal Information.
- Non-Discrimination: Unless permitted by applicable law, we will not discriminate against you for exercising any of your privacy rights under CCPA or applicable law, including by, but not limited to:
- Denying you goods or services;
- Charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Providing you a different level of quality of goods or services; or
- Suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.
- Exercising Your Rights – Only you or an authorized agent may make a verifiable consumer request related to your Personal Information. To exercise your rights, submit your request online, which will be reviewed and responded to by Nu Solar Power’s Privacy Review Team. You may also submit your request telephonically by calling Nu Solar Power at
(346) 214-7477, and asking to speak with a member of our Privacy Review Team, who will handle your request.
- Designating a Third-Party to Act on Your Behalf – In order to designate a third party to act on your behalf, that person must be registered with the California Secretary of State and must have valid written evidence of authority from you to act on your behalf, e.g., a validly executed Power of Attorney or some other written, notarized documentation that they can provide to Nu Solar Power. Absent such documentation, Nu Solar Power reserves the right to refuse to comply with third-party requests for information.
- Verifying Your Requests – During the verification process, depending on the nature of your request, e.g., whether you are seeking access to information versus deleting information, we will first seek to verify your identity against known information in our environment, such as your name, e-mail address, and telephone. Upon receiving your request, we may also contact you via email and/or other secured communication channel to verify your identity. In certain instances, e.g., a mismatch against known information or where you are seeking information on behalf of another person with authorization, we may seek additional verification from you, which may be in the form of you providing a copy of a valid, government issued identification or a notarized attestation.
- LEGAL DISCLAIMER
Nu Solar Power, as opposed to any of its officers, employees, or individual members in their personal capacities, is solely responsible for all content and information that it posts on the Digital Platforms.
- CONTACT US
If you wish to contact us, please contact us at the following addresses and include your name, address and e-mail address in your correspondence to us:
- Nu Solar Power
12012 Wickchester Ln Suite 680,
Houston, TX 77079,