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PRIVACY POLICY FOR Uplight, Inc.

Last Updated: August 8, 2019

Uplight, Inc. (“Uplight,” “we,” “our,” or “us”) delivers end-to-end consumer engagement products, applications, and services (the “Services”) via our open, secure, and scalable platform. This Online Privacy Policy (this “Policy”) explains how we may collect, use, and disclose your personal information. This Policy applies to Uplight Connect, the Services and Uplight’s websites (the “Sites”).

In some cases, we may act as an agent of the energy service provider with which you have a customer relationship (the “Utility Provider”).  In such a situation, the Utility Provider has engaged Uplight to provide Services. This Policy does not apply to the non-personal information that is collected by, used by, disclosed by, or disclosed to your Utility Provider. This Policy only applies to Uplight’s collection, use, and disclosure of personal Information. For more information about your Utility Provider’s privacy practices please contact your Utility Provider directly.


PERSONAL INFORMATION WE COLLECT

We collect personal information about you in various ways when you use our Sites or Services. Personal information as used in this Policy means information relating to an identified or identifiable individual, whether such information is public or non-public. The personal information we collect allows us to offer our Services in a personalized and meaningful manner. The following are the types of personal information we collect:

Personal information you give us: We receive the personal information you provide to us such as your name, email address, phone number, address, and home profile. Our Services offer you the opportunity to create a profile and submit questions and comments that may be visible to other users of the Services. The information you provide in areas that are visible by other logged-in users of the Services may be read, collected, and used by others who access them. We may also receive and securely store information about you from certain in-home smart devices and appliances. You can choose not to provide certain information, but that may limit your ability to take full advantage of the Services we provide. We may also collect personal information that is necessary for our legitimate interests, which will be disclosed to you at the time of collection. Uplight will use this personal information for the purposes of which it was collected.

Personal information from your Utility Provider: We may receive and store certain personal information about you from your Utility Provider. For example, your Utility Provider may provide us your historic energy usage information so that we may present more meaningful information to you and personalize Services in a meaningful manner.

Automatically collected information: We receive and store certain types of information from you every time you use the Sites or Services. For example we may automatically log your browser type, language preference, the date and time of your visit to the Sites, your Internet Protocol (IP) address, and the website you visited before our Sites. In addition, we receive and store information about your use and activity on our Sites and within our Services.

  • Cookies. We may automatically collect information using “cookies.” Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Sites and Services and improve your experience on our Sites and within our Services. You can set your browser to not accept cookies, but that may prevent us from providing you with the full range of Services we offer. Also, please be aware that if you visit other websites you may be required to accept cookies. The use of cookies placed by third parties on other websites is not covered by this Policy. We do not have access or control over such cookies.
  • Web Beacons. We may collect information using web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
  • Other. We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Services we provide. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.

Your energy use information: We may receive and store information directly from your energy management system or devices, if applicable. For example, we may receive and securely store the times at which your household energy use is at its highest or lowest, and may store your settings on certain Home Area Network appliances such as a smart thermostat.


HOW WE USE THE PERSONAL INFORMATION WE COLLECT

We use and disclose your personal information only as described in this Policy or as disclosed to you on our Sites or within our Services. For example, we may use or disclose your personal information:

  • To operate and improve our Sites and Services;
  • To fulfill your requests for certain products or changes in Services;
  • To communicate with you about the Sites or Services and to respond to any questions or concerns that you may have;
  • To better understand your needs and provide you with more personalized Services;
  • For market research, project planning, troubleshooting problems, detecting and protecting against errors, fraud, or other criminal activity;
  • To third-party contractors (i.e., device manufacturers, website hosting providers, payment processors, log monitoring analysts, forensic data scientists, threat monitoring aggregators, user data analysts, marketing assistants, and other service providers for legitimate purposes permitted by applicable law) that provide services to us and are contractually bound to safeguard your personal information, in which case Uplight will remain liable for the acts and/or omissions of such third-parties with respect to the processing of your personal information;
  • To your Utility Provider for their own purposes and subject to their privacy policy and practices;
  • To our corporate subsidiaries and divisions (i.e., affiliates, parent company, sister companies, joint ventures, or other companies under common control) listed at the end of this Policy;
  • To third parties in connection with any merger, acquisition, reorganization, change in capital structure, or sale of all or part of the business or any sale or transfer of assets of Uplight;
  • To link or combine with other personal information we receive from third parties, to help understand your needs and provide you with better Service;
  • When we have a good faith belief that disclosure is necessary to comply with law, for national security reasons, to protect or defend our rights or the rights of other users of our Sites or Service, to enforce our Terms of Use, or act in an emergency to protect someone’s safety; or
  • Otherwise with your express consent.

We will remain responsible and liable for our transfer of your personal information to any third party.

We may create non-personally identifying anonymous or aggregate data from the information we collect. We may use that data for our own purposes or disclose it in a non-personally identifiable manner to:

  • Advertisers and third parties for their marketing and promotional purposes;
  • Organizations and government entities that conduct research into energy usage and/or smart-grid technologies;
  • Other users of the Services for purposes of comparing energy usage to the broader community; and/or
  • Other interested third parties.

ACCESS

We make reasonable efforts to allow you to make inquiries about the personal information we collect from you, and when appropriate we allow you access to your personal information for review and updating. If your personal information changes, you may correct or update the information under Settings once logged in or by contacting us by telephone or postal mail at the contact information listed below. If you wish to unsubscribe from newsletters or marketing emails, follow the unsubscribe instructions included in these emails. If you decide not to receive promotional emails, we may still send you transactional communications, such as those about your account or to ask you to rate a Service you have requested. For questions about the information we hold about you or to otherwise access your personal information, please contact us at privacy@uplight.com


CHOICE

Where personal information is to be used for purposes beyond that which is necessary to provide the products and Services requested or to comply with legal requirements, we make reasonable efforts to provide choices regarding how we collect, use, and disclose such personal information, including: (1) whether personal information may be shared by Uplight with a third party, and (2) where that third party is permitted to use such personal information for its own purposes (not on behalf of Uplight).

If you have an account with us, you can control preferences regarding the use and disclosure of your personal information on your user profile. If you request your account information be deleted, or if you choose to access or modify your personal information, we may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations, or to complete any transactions that you began prior to requesting such change or access. When updating or deleting your personal information, we may ask you to verify your identity before we can act on your request. We will comply with your request as soon as reasonably practicable and in accordance with applicable laws.


DATA RETENTION

We will retain your personal information for as long as your account is active, as needed to provide you Services, and as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. If you wish to cancel your account or request that we no longer use your personal information, contact us using the contact information provided below.


SECURITY OF PERSONAL INFORMATION

We take reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it.  However, no method of transmission over the Internet, or method of electronic storage is 100% secure and we do not guarantee its absolute security. If you have any questions about the security of our Sites or Services, you can contact privacy@uplight.com.


THIRD PARTIES

Advertisements and Links to Other Websites: The Sites and Services may contain links, content, and advertisements from third parties. Such links, content, and advertisements are not endorsements, authorizations or representations of our affiliation with that third party. We are not responsible for the privacy practices or the content of third parties, and we encourage you to carefully review the privacy policy of any website you visit.

Web Analytics: The Site uses a web analytics service provided by a third party (the “Web Analytics Provider”). The Web Analytics Provider uses “cookies”, to help us analyze how users use the Site. The information generated by the cookie about your use of the Site may be used to evaluate your use of the Site, compile reports on Site activity, and provide other services related to the Site. The Web Analytics Provider may transfer this information to third parties where required to do so by law, or where such third parties process the information on the Web Analytics Provider’s behalf. By using this website, you consent to the processing of data about you by the Web Analytics Provider in the manner and for the purposes set out above.

Social Media Features

Certain sections of our Sites may include Social Media Features (Features). These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Your interactions with these Features are governed by the privacy policy of the company providing it.

Framing

Certain sections of www.uplight.com utilize framing and/or masking techniques to serve content from our partners while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to Uplight.


UPLIGHT’S CLOUD-BASED PLATFORM

Via our cloud-based platform, we collect information that allows us to provide the Services.  In some cases, we may collect this information at the direction of partner companies (Partners), and we may have no direct relationship with the individuals whose personal information we process. In these cases, we work with our Partners to help them provide notices concerning the purpose for which personal information is collected and used.

If you are a customer of one of our Partners and would no longer like to be contacted by that Partner or seek access to the personal data we have collected at the direction of the Partner, please contact that Partner directly.  If the Partner requests that we remove personal information from Uplight Connect, we will respond to their request within 30 business days.

Uplight may transfer personal information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the provisions of this Policy regarding notice and choice and the service agreements with our Partners.

Uplight will retain personal data we process on behalf of our Partners for as long as needed to provide the Services. Uplight will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.


CHILDREN

Our Sites and Services are not directed at children under the age of thirteen, and we do not knowingly collect any information from children under thirteen.


PRIVACY SHIELD

Uplight complies with the EU-U.S. Privacy Shield Program (“Privacy Shield”) and its principles as set forth by the US Department of Commerce and the European Commission regarding the collection, use, and retention of personal data from EU member states. Uplight has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. Our collection, use, and disclosure of personal information transferred pursuant to the Privacy Shield is subject to the investigative and enforcement powers of the Federal Trade Commission. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the Privacy Shield principles, Uplight commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact our privacy and security personnel at privacy@uplight.com. If your question or concern is not satisfied through this process Uplight has further committed to refer unresolved Privacy Shield complaints to JAMS, an independent dispute resolution provider located in the United States.  Information about how to file a complaint with JAMS related to our Privacy Shield program can be found at https://www.jamsadr.com/eu-us-privacy-shield.  The services of JAMS are provided at no cost to you. 

Uplighthas further committed to cooperate with EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you.

For residual Privacy Shield disputes that cannot be resolved by the methods above, you may be able to invoke a binding arbitration process under certain conditions. To find out more about the Privacy Shield’s binding arbitration scheme, please see: www.privacyshield.gov/article?id=ANNEX-I-introduction.


RESIDENTS OF THE EUROPEAN ECONOMIC AREA

In accordance with applicable laws, you may have the right to request access to, rectification, and erasure of your personal information; restriction of processing of personal information; objecting to certain processing of personal information; and the right to data portability. Where any processing of personal information is solely dependent upon your consent, you have the right to withdraw such consent at any time (For example, we suggest by using the unsubscribe link contained in an applicable marketing message or emailing us at privacy@uplight.com). Where you believe that we have not processed your personal information in accordance with applicable laws, you may lodge a complaint with the respective supervisory authority or data protection regulator. The provision of personal information by you will be for contractual, marketing, analytical purposes, or other purposes as referred to in this Policy.

To exercise your rights under these provisions, please contact us at the contact details below. When we receive your request, we may ask you to verify your identity before we can act on your request. We may withhold information where we are required by law to do so or if the search for that information would require disproportionate effort or have a disproportionate effect to, for example, the cost of providing the information, the time it would take to retrieve the data, or how difficult it may be to obtain the information requested.


CHANGES TO THIS POLICY

This Policy is subject to occasional revision without advance notice. If we make any changes in the way we use your personal information, we will notify you via email and/or post the modification on the Sites or within the Services prior to the change becoming effective. We will also update the “Last Updated” date in this Policy.


ADDITIONAL INFORMATION

For more information about this Policy or our privacy practices generally, please contact us at privacy@uplight.com.

Uplight, Inc. 
2580 55th Street, Suite 100 
Boulder, CO 80301 

This Policy encompasses the Uplight family of companies:

UPLIGHT, INC.

TENDRIL EA, LLC

TENRDIL OE, LLC 

ENERGYSAVVY INC.

FIRSTFUEL SOFTWARE, INC.

SIMPLE ENERGY, INC. 

ECOTAGIOUS INC.

FIRST FUEL EMEA LIMITED

TENDRIL AUSTRALIA PTY LIMITED

TENDRIL INTERNATIONAL B.V

TENDRIL NETWORKS UK, LTD.

For inquiries in the European Union, please contact our GDPR Representative Tendril International B.V.

Attn: GDPR Services Team
Prins Bernhardplein 200
1097 JB Amsterdam

The Netherlands

Email: GDPR-services@intertrustgroup.com