Privacy Policy - Sol-Up Solar

Privacy Policy 

Sol-Up, LLC and its affiliates (“Sol-Up, LLC,” “we,” “us,” “our”) value your privacy. This Privacy  Policy applies to the website www.solup.com and Sol-Up, LLC and describes how we collect,  use, and disclose your Personal Information and how to exercise any rights you may have with  respect to this information. It governs information we collect through Sol-Up, LLC websites,  interactive services, email programs, and mobile device applications (collectively, the “Websites”  or “Sites”) and information we collect from you or third parties through any other means to  provide our services or perform other business activities (collectively, “Services”).

Please read this Privacy Policy before using our Websites and/or Services. By accessing or  using our Websites and/or Services, you agree to our use of your Personal Information  consistent this Privacy Policy, as they may be amended from time to time, subject to your rights  described below.

If you provide information to us or we collect Personal Information about you in connection with  a financial transaction (potential or complete), your nonpublic personal information may also be  governed by federal, state, and territorial financial privacy laws, such as the Gramm-Leach Bliley Act, and the financial privacy notices provided pursuant to those laws. In the event of a  conflict or inconsistency between this Privacy Policy and a financial privacy law or notice, the  applicable financial privacy law or notice governs.

This Privacy Policy does not apply to Personal Information Sol-Up, LLC collects from or about  its job applicants, employees, or contractors. For information about Sol-Up, LLC’s privacy  practices regarding Personal Information from or about job applicants, employees, or  contractors, please read the Sol-Up Employee and Contractor Privacy Notice.

If you have questions about our Privacy Policy, please email us at info@solup.com. 

TABLE OF CONTENTS 

  1. Information We Collect
  2. How We Collect Information
  3. Third-Party Data Sources
  4. Cookies and Interest-Based Advertising
  5. How We Use and Disclose the Information We Collect
  6. Data Security
  7. Children’s Privacy
  8. Additional Consumer Rights
  9. Contact Us

INFORMATION WE COLLECT

We collect information that personally identifies, relates to, describes, or is capable of being  associated with you (“Personal Information”), including:

  • Identifiers such as name, signature, social security number, driver’s license number,  mailing address, garaging address, email addresses, phone numbers, fax numbers, and  Sol-Up, LLC account credentials;
  • Characteristics of protected classifications under Nevada, California, or federal law such  as age and gender;
  • Other demographic information such as any co-owners or co-tenants of your home, and  what languages you speak;
  • Commercial information such as payment card or bank account information, your utility  company and services your utility company provides, past and present energy  generation and usage (including use generated by appliances and devices), pool and  utility settings, dwelling age, size and type, whether you rent or own your home, details  about appliances and other energy-related equipment used in the home or building,  mapping information, details about the home or building’s structure for system design,  data regarding solar irradiance, product interest and purchase history, financial account  status and balance, and information about solar-related equipment in your home,  including make, model, serial number, and location in your home, the energy it  generates (including power, voltage, current, frequency and flow rates), its settings,  schedules, alerts, system installation and roof diagrams;
  • Internet or other electronic network activity information such as browsing/search history,  IP address, and data collected by cookies and similar technologies;
  • Geolocation data such as geographic location indicators from mobile, web, and product  that are approximate and/or which are not used to locate a particular individual;
  • Audio, electronic, visual, thermal, olfactory, or similar information such as call recordings,  chat transcripts, testimonials, photos, and satellite imagery of your home or building, and  pictures or videos you upload to or send through the Website or by using our Services;
  • Biometric Information such as a retina or iris scan, fingerprint, voiceprint, or scan of hand  or face geometry used to identify an individual. Our biometric disclosure is found here;
  • Professional or employment-related information such as employer, job title, and income;  • Education information such as education level; and
  • Inferences drawn from other Personal Information or data that relate to your  preferences, interests, characteristics, psychological trends, predispositions, behavior,  attitudes, intelligence, abilities, and aptitudes, such as credit reports or credit scores.

Some of the Personal Information listed above may be considered Sensitive Personal  Information under relevant laws. Depending on your state of residence, this may include social  security number, driver’s license, and other identification card information, biometric information,

and your Sol-Up, LLC account credentials. Each type of Sensitive Personal Information may  overlap with a category of Personal Information listed above. Additionally, some of the Personal  Information listed above may be considered “personal information” as defined in Nevada  Revised Statutes (NRS) Chapter 603A and Cal. Civ. Code § 1798.80(e).

The type of Personal Information we collect about you may vary based on how you use the Site  and/or Services and your relationship with us.

Usage Data and Sites Activity 

We automatically collect information in connection with the actions you take on the Sites  (“Usage Data”). For example, each time you use the Sites, we automatically collect the type of  web browser you use, the type of device you use, your operating system and version, your IP  address, the pages you view, referring and exit pages, the date and time of your visit, and the  number of clicks to, from, and within the Sites, and the duration of your visits to the Sites. If the  data we automatically collect is capable of being associated with you, directly or indirectly, we  treat it as Personal Information under the categories of Identifiers or Internet or other electronic  network information, as appropriate. If this information is not capable of being individually  associated with you, we treat it as Usage Data.

Communication Recordings 

We may record calls and retain the content of text messages, chat transcripts, or other written/ electronic communications between you and us. By communicating with us, you consent to our  recording and retention of communications.

HOW WE COLLECT INFORMATION

From You and Your Equipment 

We may ask you to provide us with Personal Information when you communicate with us online  or offline, including events, surveys, and marketing or promotional programs. You are not  required to provide us your Personal Information; however, if you choose not to provide the  requested information, you may not be able to use some or all of the features of the Sites or  Services or we may not be able to fulfill your requested interaction. We may also capture  Personal Information when you contact us or through your equipment or through other means  such as phone or email.

THIRD-PARTY DATA SOURCES

We may collect Personal Information from third-party data sources such as marketing agencies,  lead generators, other Sol-Up, LLC customers, fulfillment and account servicing companies  (including sales and/or installation dealers), equipment manufacturers, credit bureaus and/or  reporting agencies, analytics firms, map and/or satellite imagery providers, public records, and  government agencies.

COOKIES AND OTHER AUTOMATED TOOLS

We use cookies (a small text file placed on your computer to identify your computer and  browser) and other automated tools such as pixels to track your interaction with our Sites and to

improve the experience of the Sites and Services, such as saving your preferences from visit to  visit to present you with a customized version of the Websites. Many web browsers are initially  set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate  when a cookie is being sent. However, certain features of our Sites may not work if you delete  or disable cookies.

We use the following types of cookies:

  • Strictly Necessary: These cookies are essential to operate the Sites and provide you  with services you have requested. They cannot be switched off.
  • Functional: These cookies enable certain features or non-essential functionality on our  Sites. For example, we might use these cookies to recognize you and remember your  preferences or settings when you return to our Sites so we can provide you with a more  personalized experience.
  • Targeting Cookies: These cookies allow us and third parties to learn more about you,  including your use of our Sites and other websites, and to advertise products/services  that might interest you as further indicated below.
  • Performance Cookies: These cookies help us and third parties understand how our  Sites are working and who is visiting our Sites.

We and third parties also use tools that enable us to track certain aspects of a user’s visit to our  Sites. This technology helps us better manage content on our Sites by informing us what  content is effective, how consumers engage with our Sites, and how consumers arrive at and/or  depart from our Sites. The software typically uses two methods to track user activity: (1)  “tracking pixels” and (2) “clear gifs.” Tracking pixels are pieces of executable code that are  embedded in a web page that track usage activity including which pages are viewed, when they  are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique  identifiers which are embedded in web pages and email messages that track whether a user  views a web page or email message. User activity information may be associated with  additional information about a user’s session and Personal Information, if provided by the user.

You can opt-out of certain types of cookies and other tracking tools by managing your  preferences through our Sites.

If you arrive at our Sites by “clicking through” from another website, then certain information  about you that you provided to that other website, such as the terms you searched that led you  to our Sites, may be transmitted to us and we may use it. You should review the privacy policy  of any website from which you reached our Sites to determine what information the operator  collects and how it uses such information. We may retain information about you provided to us  by other websites and will use it in accordance with this Privacy Policy. Such information may be  associated with other Usage Data or Personal Information.

Interest-Based Advertising 

We may work with third-party advertisers, search providers, and ad networks (“Advertisers”) to  learn more about you and show you ads or other content that we believe would be relevant to  you. Advertisers may collect and use information about your use of our Sites or Services as well

as other websites and services. These companies may use cookies and other online tracking  technologies to collect and use your information. We and/or Advertisers may also append other  data to the data collected by Advertisers to create an interest profile of individual users. Our  Privacy Policy does not cover any use by an Advertiser of information that they may collect from  you. Advertisements may be shown via our Sites or on third-party websites. If you want to limit  interest-based advertising, please visit the Digital Advertising Alliance (DAA) Consumer Choice  Page. The DAA website allows you to opt-out of one or more interest-based advertising  networks. Opt-outs are device and browser-specific; therefore, you will need to set your opt-out  preferences for each device and browser. Deleting browser cookies can remove your opt-out  preferences; however, the DAA offers browser extensions that help preserve the opt-out  preferences you set on the DAA’s Consumer Choice Page. Please note that opt-outs only apply  to interest-based advertising. You may still receive other types of online advertising. Your device  or browser may also provide features to further limit interest-based advertising or online tracking  by Advertisers.

Information from Advertisements 

If you arrive at our Sites via an advertisement (e.g., banner ad), we may collect information  regarding the advertisement with which you interacted and your interactions (e.g., item clicked,  date, and time).

Social Media Widgets 

The Sites may include social media features, such as the Facebook, YouTube, Pinterest,  LinkedIn, Instagram, and Twitter widgets. These features may collect information about your IP  address and the pages you visit on our Sites as well as other Personal Information. A cookie  may be set to ensure that a feature properly functions. These features and social media  features are governed by the privacy policies of the companies that provide them and you  should review the relevant privacy policies before interacting with the social media features.

HOW WE USE AND DISCLOSE THE INFORMATION WE  COLLECT

We may use Personal Information for business purposes, such as:

  • Account creation, fulfillment, servicing, and customer support: to process  applications, create customer accounts, allow customers to create online accounts and  profiles, provide goods or services, keep customers informed about the status of their  services, respond to questions and address customers’ concerns, deliver updates,  upgrades, and product improvement information.
  • Marketing and market research: to send communications and offers for our or third  parties’ products and services, including offers based on consumers’ interests, personal  and business characteristics, and location; perform analytics for market and consumer  research, trend analysis, financial analysis, and anonymization of personal information.
  • Collection and credit reporting: to collect on outstanding balances, repossess  collateral and update credit reporting agencies.
  • Surveys, promotional events, contests: to administer surveys, polls, sweepstakes,  contests, loyalty programs, and other promotional events and contests.
  • Other company communications: to provide consumers with information that may be  of interest such as company newsletters, announcements, reminders, and technical  service bulletins.
  • Website use and analytics: to provide you with access to and use of our Website and  Services; analyze consumers’ use of our websites, including the use of third-party web  analytics services, which may utilize automated technologies to collect data (such as  email and IP addresses).
  • Eligibility and Pricing: to determine if consumers are eligible for certain products,  services, or offers and the pricing related to such offers.
  • Product research: to conduct research and analysis for maintaining, protecting, and  developing services, increase and maintain the safety of our products and services, and  prevent misuse.
  • Business operations: to evaluate, develop, and improve business operations, products,  and services offered; business administration and other normal business activities.
  • Compliance: to comply with applicable legal requirements, industry standards,  contractual obligations, our policies, and take actions that we deem necessary to  preserve and enforce our rights and the rights of others.
  • Information security and fraud prevention: to operate information security and anti fraud programs.
  • Energy programs: to conduct or participate in demand response or other energy use  and/or efficiency programs, including load control.
  • Renewable energy credit and wholesale market registries: to certify, register, sell,  trade or otherwise monetize environmental attributes, renewable energy credits, green  credits, and other tradeable energy or environmental-related commodities produced by  or associated with the photovoltaic solar systems.

We may use Sensitive Personal Information as follows:

  • Government Identifiers (social security numbers, driver’s licenses, and other  government identification cards) – to provide the Services, service accounts, collect on  accounts, and as otherwise required by law.
  • Sol-Up, LLC account credentials – to permit access to customers’ online accounts and  operate information security and anti-fraud programs.
  • Biometric information – to confirm your identity as part of our anti-fraud programs.

We may also use Personal Information and/or Sensitive Personal Information as described to  you at the point of collection or as otherwise required or permitted by applicable laws. We only  use Sensitive Personal Information related to Nevada residents for purposes permitted by  Nevada Consumer Privacy Act regulations.

Service Providers 

We may provide your Personal Information without notice to other businesses (“Service  Providers”) to provide services to us or to you on our behalf. Categories of service providers we  use may include but are not limited to:

  • Fulfillment and account servicing vendors, which help us provide products, services, and  information to you, service your account or benefits, collect survey responses, and  support our e-commerce services;
  • Payment processors, which help us to accept and process the payments for our  products and services to you;
  • Consumer/credit report services, which help us understand consumers’ eligibility and  qualification for certain financing options;
  • Marketing and communications vendors, which help us market our products/services to  you, provide space for us or dealers to market our products/services to you, or conduct  promotions, events, surveys, and other outreach campaigns;
  • Research and development vendors, which help us develop and improve our products  and services;
  • IT and network administration vendors, which provide services such as data storage and  management, website hosting, and data security;
  • Professional service firms, which provide accounting, legal, and other professional  services;
  • General service providers, which help us with day-to-day business operations such as  office support services, courier services, facilities management, and document  destruction;
  • Energy management providers, which help us facilitate, register, and implement demand  response and/or other energy management programs by reserving or discharging power  from storage devices, and managing load control; and
  • Renewable energy credit and wholesale market registries, which require the sharing of  certain Personal Information to register, certify, sell, trade, or otherwise monetize  environmental attributes, renewable energy credits, green credits, and other tradeable  energy or environmental-related commodities produced by or associated with the  photovoltaic solar systems.

Each Service Provider is expected to use reasonable security measures appropriate to the  nature of the information involved to protect your Personal Information from unauthorized  access, use, or disclosure. Service Providers are prohibited from using Personal Information  that we provide to them other than as specified by us.

In the past twelve months, we disclosed or made available each category of Personal  Information that we collect (listed above) to Service Providers.

Third-Party Sale or Sharing

Except where prohibited by law, we may sell or share (for targeted or cross-context behavioral  advertising purposes) your Personal Information with other companies who do not provide  services to us (“Third Parties”).

In the past twelve months, we may have sold and/or shared Personal Information (except  Sensitive Personal Information) as follows:

  • Industry associations and advocacy groups: we sold identifiers, commercial information,  and other demographic information to allow these associations and groups to provide  consumers with information that may be of interest.
  • Advertising, social media, and analytics companies: we sold and/or shared Identifiers  and Internet or other electronic network activity information for the purposes described  above. These companies may use your Personal Information for additional purposes  outlined in their privacy policies.
  • Providers, sponsors, and facilitators of demand response programs: we disclosed (in a  manner that may qualify as a sale in certain jurisdictions) Identifiers and Commercial  Information.

We reserve the right to sell or share Personal Information with other third parties in the future,  subject to applicable laws. We do not knowingly sell or share the Personal Information of  consumers under 18 years of age.

Other Third-Party Disclosures 

We may occasionally disclose your Personal Information with Third Parties, for purposes such  as:

  • To comply with applicable laws;
  • To respond to compulsory process or law enforcement requests;
  • To protect the rights, property, or safety of our customers or prospective customers, the  public, the Sol-Up, LLC, or any third party;
  • If we reorganize or transfer various assets and lines of business. Notwithstanding  anything to the contrary stated herein or on our Websites, we reserve the right to  disclose or transfer any information we collect in connection with any proposed or actual  purchase, sale, lease, merger, foreclosure, liquidation, amalgamation, or any other type  of acquisition, disposal, transfer, conveyance, or financing of all or any portion of the Sol Up, LLC or its assets.
  • For additional purposes with your consent where such consent is required by law.

In the past twelve months, we may have disclosed each category of Personal Information for the  purposes listed above.

Biometric Information Retention Schedule

In circumstances where Sol-Up, LLC retains Biometric Information, we will permanently destroy  an individual’s Biometric Data within six (6) months of when the initial purpose for collecting or  obtaining such Biometric Data has been satisfied, such as:

  • You revoke your consent contained in the Biometric Notice;
  • You have not contacted Sol-Up, LLC or used our Services for a 30-month period;  • Your contract with Sol-Up has expired and you are no longer a Sol-Up customer; or  • Sol-Up, LLC no longer uses the Biometric Information.

If any Sol-Up, LLC’s Service Providers require access to Biometric Data in order to fulfill the  purpose of collecting such information, we will request that they follow the above destruction  schedule.

Links and Other Websites 

Our Sites may contain links to third-party websites, including social media platforms. Please be  aware that if you access these links, you will be leaving our site. We encourage users to read  the privacy policies of those sites, as we are not responsible for their content, links, or privacy  procedures.

OTHER IMPORTANT PRIVACY PROVISIONS 

Legal Compliance, Business Transfers and Other Disclosures 

Notwithstanding anything to the contrary stated herein or on our Website, we may occasionally  release information about users of our Website when we deem such release appropriate to  comply with law, respond to compulsory process or law enforcement requests, or protect the  rights, property, or safety of our customers or prospective customers, the public, the Sol-Up,  LLC, or any third party. Over time, we may reorganize or transfer various assets and lines of  business. Notwithstanding anything to the contrary stated herein or on our Website, we reserve  the right to disclose or transfer any information we collect in connection with any proposed or  actual purchase, sale, lease, merger, foreclosure, liquidation, amalgamation or any other type of  acquisition, disposal, transfer, conveyance, or financing of all or any portion of the Sol-Up, LLC.

DATA SECURITY

The Sol-Up, LLC uses commercially reasonable technical and organizational procedures to  protect the Personal Information that we collect from you against loss, theft, and misuse, as well  as unauthorized access, disclosure, alteration, and destruction. We have developed and  implemented and continue to maintain and monitor written information security procedures  applicable to all records containing Personal Information. Our security procedures are  appropriate to the size, scope, and type of our business, the resources available to us, the  amount of stored data, and the need for security and confidentiality of the personal information  we store. Our servers are scanned on a regular basis for known vulnerabilities in order to make  your visit to our Sites as safe as commercially practicable. We make use of industry-standard  tools and practices to protect against malware exposure.

No security system is impenetrable. We cannot guarantee the security of our databases or the  security during transmission to us of the information you supply over the Internet. You can help  us by taking precautions to protect your Personal Information when you are on the Internet.  Change your passwords often using a long combination of letters, numbers, and special  characters and make sure to use a secure, modern, updated web browser. For the purposes set  out in this Privacy Policy, Personal Information may be transferred to, processed, stored, and  accessed by us, our affiliates, and Third Parties in the United States and in other jurisdictions  where we or they operate. Courts and other authorities in these jurisdictions may, in certain  circumstances, be entitled to access your Personal Information. By using the Website, you  consent to this transfer, processing, storage, and access of your Personal Information in and/or  outside of the jurisdiction in which you reside.

CHILDREN’S PRIVACY

The Sol-Up, LLC cares about protecting the privacy of children. We will not market to, knowingly  collect, sell, or share Personal Information of children we have actual knowledge are under 16.  If a child under 16 submits Personal Information to us and we learn that the Personal  Information is the information of a child under 16, we will take reasonable steps to delete the  information as soon as possible. If you are under 16, please do not register for any of our  services or provide us any information about yourself (such as your name, email address, or  phone number).

ADDITIONAL CONSUMER RIGHTS

If you are a resident of California or Nevada, you may have additional rights to access and  control your Personal Information. Exemptions may apply, particularly if you have or had a  financial account with us. Consumer privacy rights include:

Right to Opt-Out from the Sale or Sharing of Personal Information 

You have the right to direct us not to sell or share (for cross-context behavioral advertising) your  Personal Information to Third Parties. We will process requests within 15 business days, subject  to any applicable exceptions and extensions permitted by law.

Right to Know 

You have the right to request twice per 12-month period that we provide you (i) the categories or  specific pieces of Personal Information we collected about you; (ii) the categories of sources  from which your Personal Information was collected; (iii) the business or commercial purpose for  which we collected your Personal Information; and (iv) the categories of Third Parties with  whom we sold, shared, or disclosed your Personal Information, including the categories of  Personal Information sold, shared, or disclosed to each and the purposes for doing so.

We will not provide specific pieces of Personal Information in response to a request unless you  expressly request them.

Right to Delete 

You have the right to request that we delete any Personal Information we have collected about  you. Please understand that we are not required to honor a deletion request if a legal exemption

applies such as if we need the information to complete a requested or reasonably anticipated  transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned  with your expectations, or comply with legal obligations.

Right to Correct 

You have the right to request that we correct inaccurate Personal Information we maintain about  you. After you make a request, we will provide instructions for you to provide us with optional  documentation to support your request and we will consider it. We may decline to correct your  Personal Information if a legal exemption applies, your request is fraudulent or abusive, or if we  determine, based on the totality of the circumstances, that your Personal Information is most  likely accurate. We may decide to delete your allegedly inaccurate Personal Information instead  of correcting it.

If you wish to update your contact information or other Personal Information rather than  disputing its accuracy, please contact us using the contact information provided below.

Submitting a Request 

If you are a California or Nevada resident and would like to exercise your rights, you may submit  a request by phone by contacting us using the contact information provided below. After you  submit your request, we may contact you to obtain additional information necessary to verify  your identity. For example, we may require you to verify certain information in our files or submit  a signed declaration under penalty of perjury verifying your identity. We will not process Right to  Know, Deletion, or Correction requests without verifying your identity, so please respond  promptly. If you do not timely respond to our requests for information, we may deny your  request.

We will process requests to opt-out of sales and sharing (for cross-context behavioral  advertising purposes) within 15 business days of receipt and verified Right to Know, Deletion,  and Correction requests within 45 calendar days of receipt, subject to any applicable  exemptions and extensions permitted by law. If you request specific Personal Information and  that information creates a high risk of potential harm from disclosure to an unauthorized person,  we will withhold that information and replace it with a category identifier. For example, if we  withhold a social security number, we will inform you that we have a social security number on  file. We will give you the option to choose between mail and electronic delivery. We will retain a  copy of your Deletion request for at least two years.

Contact Information for Submitting a Request 

Email: info@solup.com

Phone: (702) 586-9800

Address: 4305 Dean Martin Dr. #150, Las Vegas, Nevada 89103

Authorized Agent 

If you are an authorized agent submitting a request, you must provide a copy of a lawful power  of attorney or written authorization from the consumer (along with proof of your identity). If you

make a request as an authorized agent, you will receive additional instructions from us after  submitting the request. We may contact you or the consumer on whose behalf you claim to act  to verify your authorization.

Non-Discrimination Notice 

We will not discriminate against any consumer for exercising their privacy rights under law or  this Privacy Policy.

Do Not Track 

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a  signal to websites requesting that a user’s activity not be tracked. Currently, our Website and  Services do not respond to “do not track” signals.

CHANGES TO OUR PRIVACY POLICY 

This Privacy Policy is effective as of May 17, 2024. Sol-Up, LLC reserves the right to revise,  amend, or modify this policy at any time and in any manner. Your use of our Websites and  Services after such changes are implemented constitutes your acknowledgment and  acceptance of those changes. Please consult this privacy statement prior to every use for any  changes. Unless otherwise noted, all changes will be effective when posted.

EXCLUSIONS 

This Privacy Policy does not govern the collection, use, or sharing of data by Third Parties or  websites that may be linked to a Sol-Up, LLC Website; nor does it govern any information that  may be collected by a Third Party in connection with a product or service altered by a Third  Party even if you request information regarding such product or service on a Sol-Up, LLC  Website.

CONTACTING US

If there are any questions regarding this Privacy Policy, you may contact us using the  information below:

Sol-Up, LLC 

4305 Dean Martin Dr. #150

Las Vegas, Nevada 89103

(702) 586-9800

info@solup.com

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