Privacy Policy


DENOWATTS® PRIVACY POLICY

Date of Last Revision: April 1, 2024

Denowatts Solar, LLC (“Denowatts”, “we”, “us” or “our”) respects your privacy and, to that end, has established the following privacy policy (the “Policy”) that applies to the Personal Data (as defined below) collected by Denowatts when an individual (“you” or “your”) accesses, uses or otherwise interacts with any of the following items (collectively, the “Denowatts Items”):

  • the Denowatts general-information website located at denowatts.com (the “Website”), blog and news postings website located at blog.denowatts.com (the “Blog and News Site”), and all other similar websites designed to provide general information about Denowatts, as may be offered and operated by Denowatts from time to time,
  • the Denowatts cloud-based and other solar performance management services, as offered and provided by Denowatts, from time to time, and via its companion business tools listed below (the “Services”),
  • the Denowatts online portal located at denowatts.com for accessing, using and otherwise interacting with the Services (the “Portal”),
  • the Denowatts software application that is made available by Denowatts, from time to time, and downloaded by you, whether on your desktop or laptop computer or your mobile device, for accessing, using and otherwise interacting with the Services (the “Application”),
  • any and all application programming interfaces that are made available by Denowatts, from time to time, for accessing certain data and information as part of, and otherwise using and interacting with, the Services (each, an “API”, and collectively, the “APIs”),
  • the Denowatts technical-information websites located at denowatts.com (the “Support Information Site”) and docs.denowatts.com (the “Knowledge-Base Site”) that provide certain guides, documents and other materials with technical support information, including documentation for APIs, guides for using the Portal and installation instructions for Deno® sensors and other related Equipment, that are made available by Denowatts from time to time, and
  • all other websites, applications, software, materials, reports, content, data and other items (including the Equipment Software and Portal Software), as may be offered and provided by Denowatts, from time to time, in connection with the provision by Denowatts of the Services (including via Modbus protocol transfer).

As used in this Policy, the term “Personal Data” means any information about an identified or identifiable individual.

All other terms used, but not defined in this Policy, shall have the respective meanings given to them in the Denowatts Master Terms and Conditions available at denowatts.com/terms-of-use (the “Master Terms”).

This Policy (1) applies to your Personal Data, only, and (2) explains how your Personal Data is collected, accessed, used, shared, disclosed and stored by Denowatts, only.

This Policy does not apply to (1) any third-party applications, software, websites, products, services or other items even if, from time to time, any of such third-party items is included or integrated in any way in or with, or linked to, any of the Website, Portal, Application or other Denowatts Items, including the links that we may provide, from time to time, on one or more of our websites (such as the Knowledge-Base Site) to the Denowatts training courses available on a third-party online platform, or (2) if you are an Authorized User, any collection, access, use, sharing, disclosure or storage of your Personal Data by your Authorizing Entity (as defined below), or by any other person or entity (whether Customer or Provider) that is a member of your Project Team (as defined below), when they view, access and use the categories of information described below under the heading “Authorized User - Project Team”. Denowatts cannot control, and does not accept any responsibility or liability for, any privacy or similar policy of (or the collection, access, use, sharing or disclosure of your Personal Data by) (a) any provider of any of the third-party items described in item (1) of this paragraph, or (b) your Authorizing Entity or any other member of your Project Team (including any such policy of your Authorizing Entity that may be contained in an employee handbook). Please review the terms of all applicable third-party privacy and similar policies before you visit, access, use or submit any data to or through any such third-party items, or to any such third-party item provider, Your Authorized Entity or any other member of your Project Team.

With respect to each subscription for Services that has been purchased and maintained by the applicable Customer (the “Subscribing Customer”):

  • “Authorizing Entity” means, with respect to each Authorized User, the entity (whether the Subscribing Customer or one of its Providers) that (1) is the employer or principal of such Authorized User, and (2) has authorized such Authorized User to access and use, on its behalf, the Subscription Service (as defined below);
  • “Project Team” means the Subscribing Customer, each of its Providers, and each of the Authorized Users of the Subscribing Customer or any such Provider; and
  • “Subscription Service” means (1) with respect to the Subscribing Customer or any Authorized User of the Subscribing Customer, the Customer-Accessible Items, or (2) with respect to any Provider of the Subscribing Customer or any Authorized User of such Provider, the Provider-Accessible Items.

By accessing, using or otherwise interacting with any of the Denowatts Items in any manner, you (1) agree and consent to the collection, use, storage and disclosure of your Personal Data as outlined in this Policy, and (2) acknowledge and agree that the Denowatts Items (a) may not be used by you (and are not intended to be used for) any household, family, consumer, personal, residential or other non-commercial purpose, and (b) may be used by you, if you are an Authorized User of an Authorizing Entity, on behalf of your Authorizing Entity, only.

Denowatts reserves the right to revise this Policy, at any time and in its sole discretion, by posting the revised Policy on the Website, Portal and Application. In the event that: (1) Denowatts believes any revision may result in a material to your rights under this Policy, Denowatts will make reasonable efforts to notify you, including by sending an email to the email address that you have provided to us; or (2) applicable law requires your prior consent to any new use of your Personal Data, Denowatts will obtain your consent prior to such use. Your continued use of any of the Denowatts Items following any such posting or notification constitutes your acceptance of the revised Policy.

Collection of Information

The following is a list of the categories of information, which may include your Personal Data, that Denowatts may collect, receive or generate through operating or otherwise providing the Denowatts Items, including through the use of technologies, such as cookies, as described below under the heading, “Cookies and Third-Party Analytics”. Please note that the examples provided within each category of information below are meant to be illustrative and not an exhaustive list.

When you use any of our websites (whether or not having an account with Denowatts):

  • Contact and Other Information that You Provide: Your name, email address and/or phone number are collected if you:

(1) submit the web forms that may be available on the Website or Support Information Site from time to time, including (a) the “General Contact” form on the “Contact” page of the Website, (b) the forms accessible by clicking the buttons on the Website labeled “Request a Demo” or “Contact Us to Learn More”, (c) the form accessible by clicking the button on the Website labeled “Request Quote” (this form also asks for the name of the solar project site and, if you provide it, the name of the project site owner, address of the project site and any other project or site related information), and (d) the “Contact us” form on the Support Information Site (this form also asks for the name of the solar project site and description of the issue for which you are seeking support);

(2) use the meeting schedulers that may be available on the Website from time to time, including the schedulers accessible by clicking the buttons on the Website labeled “Let’s Book a Meeting to Discuss” or “Let’s Book a Time to Talk” (these schedulers also ask for the name of your company);

(3) chat with us using the chat function on the Website or Support Information Site; or

(4) email or call us using our contact information available on any of our websites or below in this Policy.

We may also collect any feedback, suggestions, comments, testimonials and such other similar communication that you provide us by any of the methods described above in this bullet (including web form submission, chat function, email or otherwise). If any of such feedback, suggestions, comments, testimonials or other similar communication constitute Feedback or Developments under the Master Terms, or User Feedback or User Developments under the Authorized User Terms (as defined below), then they will be addressed by the applicable provisions of the Master Terms or Authorized User Terms, as the case may be, and as further described below under the heading “Authorized User - Content/Images/Developments/Feedback”.

  • Log Data for Web Forms, Meeting Schedulers, Chat Function and Polling: If you submit web forms, or use the meeting schedulers or chat function, as described in the previous bullet, or respond to polling questions that may be available on our websites, including by clicking the “Yes” or “No” buttons on various pages of the Support Information Site as to whether an article was helpful – your log data (which may include Internet Protocol (IP) address, Internet Service Provider (ISP) information, browser type, operating system, and access time) is collected by using cookies and similar technologies as described below under the heading “Cookies and Third-Party Analytics”.
  • General Usage Information: Information about your general usage of our websites is collected by using cookies and similar technologies as described below under the heading “Cookies and Third-Party Analytics”.

When you are involved with a Subscription Service:

  • Contact Person - Contact Information: If you are the contact person for the Subscribing Customer or any of its Providers, your name, your company’s name and your other contact information are collected, including your email address, phone numbers (including for office and mobile phones), fax number, title (and department) and address.
  • Subscribing Customer - Billing/Payment Information:

(1) If you are the billing contact for the Subscribing Customer, your name, your company’s name and your other contact information are collected, including your email address, phone numbers (including for office and mobile phones), fax number, title (and department) and address; and

(2) Denowatts collects any payment information that is provided for processing of payments for the Subscribing Customer’s subscription fees (such as payments made by check or ACH), except for credit card information (credit card payments are handled by one or more third-party payment-related service providers (including payment gateway service providers and payment processors) that may be engaged by Denowatts, from time to time).

  • Authorized User - Account Information: If you are an Authorized User, any or all of the following user‑account related information will be collected – your name, your Authorizing Entity’s name and other contact information (including your email address, phone numbers (including for office and mobile phones), fax number, work title (and department), address and any other employment related information that you may voluntarily provide to Denowatts), the IP address that you provide to Denowatts in order to obtain the tokens needed for accessing APIs, login information (including username and password, and the email address or mobile phone number to receive account login authentication method), contact preferences (including for emails, text messages, push notifications, etc.), and any additional information or documentation that you voluntarily provide to Denowatts in order to access and use the Subscription Service.
  • Authorized User - Content/Images/Developments/Feedback: If you are an Authorized User, any files, data, images, feedback, suggestions, comments, testimonials, communications (including inquiries and support requests) or other content you provide to Denowatts (including by submissions made using the Portal, Application or Support Information Site, or by email, text message or otherwise) will be collected. (Note that, if you provide via the Portal any comments regarding certain events at the Subscribing Customer’s solar project site or any data, then such comments and data, along with your name and, possibly, email address or phone number, will be visible to members of your Project Team.)

    However, for purposes of clarity, if any of the materials described in the foregoing paragraph constitute:

(1) Customer Data, Redacted Data, Denowatts Data (or any other Denowatts Technology and Data), Developments or Feedback under the Master Terms between Denowatts and the Subscribing Customer, then each of the ownership, collection, access, use, sharing, disclosure and storage by Denowatts of such Customer Data, Redacted Data, Developments or Feedback is addressed by the applicable provisions of such Master Terms and not by this Policy; or

(2) User Developments or User Feedback (each, as defined in the Denowatts Terms and Conditions of Use for Authorized Users (“Authorized User Terms”) available here: _____), then each of the ownership, collection, access, use, sharing, disclosure and storage by Denowatts of such User Developments or User Feedback is addressed by the applicable provisions of the Authorized User Terms and not by this Policy.

  • Authorized User - Usage Data/User Activity/Mobile Device Information: If you are an Authorized User, the following information that is generated through your access, use or other interaction, on any Device, with the Subscription Service, will be automatically collected using cookies and similar technologies as described below under the heading “Cookies and Third-Party Analytics”:

(1) session, usage and other log data and metadata (including IP address, ISP information, browser type, operating system, date and time (including duration) of access, features and functionalities accessed and used (including frequency), etc.);

(2) your user session times are automatically recorded (and available to members of your Project Team); and

(3) if using a mobile Device, then additional data relating to that mobile Device (including precise geographic location, model and manufacturer, operating system, version information, system configuration information, device identification number, mobile carrier, phone network associated with the device, etc.). In addition, certain of your mobile Device’s features and functionality may be accessed by the Application, including your Device’s location services, Bluetooth, calendar, camera, contacts, microphone, GPS, gyroscope, and storage. In that event, the related data will be collected from your mobile Device. Although you can adjust the settings to configure which of your mobile Device’s features and functionality may be so accessed, you may not be able to fully use the Application or Portal depending on which features and functionality are turned off.

However, for purposes of clarity, if any of the above information (i.e., information that is generated through your access, use or other interaction, on any Device, with the Subscription Service) constitutes Customer Data, Redacted Data, Denowatts Data (or any other Denowatts Technology and Data) under the Master Terms between Denowatts and the Subscribing Customer, then each of the ownership, collection, access, use, sharing, disclosure and storage by Denowatts of such information is addressed by the applicable provisions of such Master Terms and not by this Policy.

Information from Third Parties:

Denowatts may collect information about you from our suppliers, contractors, vendors, or other such business or commercial partners, from other members of your Project Team (if you are an Authorized User) or from other legitimate sources.

Cookies and Third-Party Analytics:

  • Cookies: Cookies are small text files that (a) are placed on your computer or mobile device when you access or use our various websites, Portal, Application or APIs, and (b) collect information about your usage of our websites, Portal, Application or APIs. There are two general types of cookies – session cookies (also referred to as single-session cookies) and persistent cookies (also referred to as multi-session or tracking cookies). Session cookies last for a short duration and are erased at the end of a session (e.g., when you close your browser). Persistent cookies remain on your computer or mobile device until they expire (which can be months or years) or are manually deleted, and can track your activities on several sites. Denowatts uses cookies, which may include both session and persistent cookies, and both cookies set by Denowatts (also referred to as first-party cookies) and by others (also referred to as third-party cookies). Examples of third-party cookies include cookies utilized by (1) HubSpot, Google Analytics and Google reCAPTCHA in the provision of their respective services, (2) Vimeo to enable your ability to view our recorded webinars via the embedded Vimeo videos on the Blog and News Site, and (3) LinkedIn to enable your ability to link to our LinkedIn profile by using the LinkedIn button that appears on the Website, Support Information Site and certain of our other websites. Denowatts may also use third-party session collection tools. Denowatts does not have control over information collected by third-party cookies or third-party session collection tools.

    We believe that cookies are important and helpful tools in the operation of our various websites, Portal, Application or APIs, including because certain cookies:

(1) allow these items to function more efficiently, including to personalize your experience, such as retaining your personal settings and preferences on our Portal or Application (often referred to as functional cookies);

(2) enable Denowatts to assess the performance of these items, including by analyzing how they are used (such as by collecting your log data from your use of the web forms and meeting schedulers available on certain of our websites (as described above under the heading “Log Data for Web Forms, Meeting Schedulers, Chat Function and Polling”), and information about your general usage of our various websites (as described above under the heading “General Usage Information”)), in order to improve user experience and monitor their operational status (often referred to as performance cookies); and

(3) are necessary for the operation of these items, including to monitor their functionality and to allow you to use certain features and functions, such as your ability to view our recorded webinars via the embedded Vimeo videos (often referred to as necessary cookies).

You may be able to set your browser or device settings to prevent or reject cookies, or you may be able to manually delete any cookies set. However, please note that, by doing so, especially with respect to necessary cookies, you may not be able to access, or may experience difficulty in accessing, all features and functions of these items.

  • Google Analytics: Denowatts may use Google Analytics service to collect certain information about how you use our various websites, Portal or Application. Information on how Google Analytics collects, uses and processes data can be found at the site, "How Google uses information from sites or apps that use our services", located at google.com/policies/privacy/partners/. Google Analytics has created a tool, which allows you to opt out of Google Analytics: https://tools.google.com/dlpage/gaoptout.
  • Google reCAPTCHA: We use certain HubSpot products and services to provide our webforms and meeting schedulers (which are described above under the heading “Log Data for Web Forms, Meeting Schedulers, Chat Function and Polling”). HubSpot has implemented Google reCAPTCHA service (designed to protect websites from fraudulent activities, spam and abuse) on certain of their products and services. We have enabled this element on certain of our webforms (including the “Contact us” form on the Support Information Site) and meeting schedulers (including the scheduler accessible by clicking on the “Let’s Book a Meeting to Discuss” button on the Website). When you access those features, you will see a “protected by reCAPTCHA” badge with links to Google’s privacy policy (where you can learn more about the data collected by Google) and terms of service (where you can get additional information on Google services and products). We may, from time to time, enable it on other webforms, meeting schedulers and other features of our websites.
  • “Do Not Track” Notice: Although Denowatts does not respond to “do not track” signals that may be transmitted by your web browser, please note that none of our various websites, Portal, Application and other Denowatts Items collect information about your activities across third-party websites or third-party online services.

Use of Information

Denowatts may use the information described above, which may include your Personal Data, (1) as may be instructed by you, (2) if you are an Authorized User, as may be instructed by your Authorizing Entity or any of the other members of your Project Team, (3) with appropriate consent (including, if you are an Authorized User, as provided in any applicable provisions of the Master Terms or Authorized User Terms), and (4) in any of the following ways:

  • to provide and operate the Denowatts Items, including in connection with your access and use of the applicable Denowatts Items,
  • to provide you with the Subscription Service, including any technical or other support services,
  • to create and administer your Authorized User account, including identifying you when you sign-in, to share your information with the other members of your Project Team as described below under the heading “Authorized User – Project Team”, and for other purposes permitted by the Contract for the Subscription Service (including the Master Terms and Authorized User Terms),
  • to personalize or otherwise tailor your experience on the Website and our other websites,
  • to personalize or otherwise tailor your experience, as an Authorized User, with the Subscription Service,
  • to analyze, modify or improve (including performing upgrades, error resolution and maintenance) any of the Denowatts Items, including the Website, Portal and Application,
  • to create new or modified products, databases and services,
  • to contact you regarding your use, as an Authorized User, of (or any changes to) the Subscription Service, including the Portal, Application or other Denowatts Items, any account management matters, or any security incidents,
  • to facilitate communication (a) between Denowatts and you, including responding to your questions or comments (including those that you submit to us via any of the webforms available on the Website or our other websites or, if you are an Authorized User, via the Portal or Application), or (b) between you, as an Authorized User, and members of your Project Team,
  • to interact with agents, service providers, contractors and other third parties that provide Denowatts with certain fulfillment and other services in connection with the operation or provision of the Website, Subscription Service or other Denowatts Items,
  • to send periodic emails, text messages or push notifications, including (a) for marketing purposes (unless you opt out, as described below under the heading “Email/Text Messages/Push Notifications and Opt Out”) or (b) with respect to a Subscription Service, for billing and other administrative purposes,
  • to de-identify information associated with you (including by placing or combining it in aggregated form) and to use the resulting information for research, improving the Denowatts Items, developing new products, databases and services, and other legitimate business purposes (note, however, that, if any such resulting information constitutes Customer Data, Redacted Data or Denowatts Technology and Data, then the use of such resulting information is addressed by the applicable provisions of the Master Terms, as further described above under the headings “Authorized User - Content/Images/Developments/Feedback” and “Authorized User - Usage Data/User Activity/Mobile Device Information”),
  • to detect, prevent illegal activities or conduct, to detect, prevent fraud or intellectual property infringement, to protect our rights (including any intellectual property rights), to enforce any rights of Denowatts under any agreements with you, and for other legally permissible purposes,
  • to comply with state and federal law, subpoena or other legal proceedings or process, including responding to lawful requests by national security, law enforcement or other governmental authorities,
  • to the extent necessary for Denowatts to conduct its general business administrative operations and functions, including accounting, billing, payment processing, legal and recordkeeping, and for other legitimate business purposes.

If you are not an Authorized User and provide Denowatts, from time to time, or any time, with any feedback, suggestions, comments, testimonials or other similar communications or information (including via web form submission, chat function, email or otherwise), then all such information (except only for your Personal Data) shall automatically become (and be deemed to be) Denowatts property, and you hereby assign all of your right, title and interest in and to such information to Denowatts.

Email/Text Messages/Push Notifications and Opt Out:

Email addresses and mobile phone numbers provided, including for account setup, may be used by Denowatts to send emails, text messages and push notifications for the purposes listed above and, as applicable, to respond to queries or other communication that you send to Denowatts.

Denowatts may also send emails, or (if you provided a mobile or other phone number) call you, with occasional Denowatts news, updates, promotions, related product or service information, etc. For these occasional emails or calls, if at any time you would like to unsubscribe from receiving them, (1) detailed unsubscribe instructions will be located at the bottom of these types of emails, or (2) email or mail us using our contact information that is listed below (under the heading labeled “Contact Information”). Where required under applicable law, Denowatts will only send you marketing communications with your consent. And, even if you have consented, you have the right to change your mind and unsubscribe from marketing communications at any time by using the methods described in this paragraph.

If you are an Authorized User, then please note that you cannot unsubscribe from, or opt out of, certain correspondence and communications from Denowatts regarding its provision of the Subscription Service, including messages that relate to your Authorized User account or are necessary to your access to, among other things, the Portal or Application (including for login verification). You would need to stop using the Subscription Service, and cancel your Authorized User account, in order to stop receiving such correspondence or communications.

Authorized User – Project Team:

Each member of a Project Team will have access to each other member’s user activity on the Portal, Application and APIs. Accordingly, if you are an Authorized User, the following categories of information, which may include your Personal Data, will be visible to and shared with, and may be accessed and used by, each member of your Project Team:

  • certain of your Authorized User account information (as described above under the heading, “Authorized User - Account Information”), including your name and contact information,
  • any content and images (as described above under the heading, “Authorized User – Content/Images/Developments/Feedback”) that you upload via the Portal or Application to Denowatts server, and
  • certain elements of your session and user activity (as described above under the heading, “Authorized User – Usage Data/User Activity/Mobile Device Information”).

Disclosure of Information to Outside Parties

Denowatts is not in the business of selling, renting or leasing your Personal Data to others.

Denowatts may share your information that it has collected, which may include your Personal Data, as described below and as described elsewhere in this Policy:

  • Denowatts may share your information, including your Personal Data, with its agents, service providers, contractors and other third parties (including payment gateway service providers and payment processors) in order to allow them to provide certain services or perform certain functions or duties on its behalf, including: (1) hosting the Website or Portal, (2) user relationship management services, including HubSpot’s CRM services, (3) performing payments processing services, (4) managing information, (5) providing internet service, data analysis, or enhancing the features and functionality of the Website, Portal, Application or other Denowatts Items, (6) administering Authorized User accounts, (7) conducting surveys or promotional activities, (8) performing certain aspects of the Services, including shipping Equipment to the Subscribing Customer, or (9) providing customer service. In all cases, these agents, service providers, contractors and other third parties are required to act in accordance with this Policy or have otherwise agreed to use this information only in order to provide or perform their respective services, functions or duties.
  • Denowatts may share your Personal Data with your consent or pursuant to your instructions or preferences, including as indicated on your Authorized User account.
  • Denowatts may share your information, including your Personal Data, in de-identified form (including in aggregated form), with third parties, including prospects, customers or partners, for business, research, marketing, advertising or other uses, including disclosing usage information to our service and license providers for licensing compliance, licensing usage calculation, and billing and support services (note, however, that, if any such information in de-identified form constitutes Customer Data, Redacted Data or Denowatts Technology and Data, then the sharing of such resulting information is addressed by the applicable provisions of the Master Terms, as further described above under the headings “Authorized User - Content/Images/Developments/Feedback” and “Authorized User - Usage Data/User Activity/Mobile Device Information”).
  • Denowatts may share your information, including your Personal Data, with professional advisers (including lawyers, bankers, tax or accounting advisers, auditors and insurers) in connection with their provision of professional services (including consultancy, banking, legal, insurance and accounting services), or as may be legally required, or otherwise reasonably necessary, to share such information with such professional advisers.
  • Denowatts may share your information, including your Personal Data, with its corporate affiliates, parent and/or subsidiary entities.

Denowatts also reserves the right to disclose your information, including your Personal Data, when Denowatts, in its sole discretion, believes that disclosure is necessary to:

  • comply with laws,
  • comply with subpoenas, warrants, court orders, government investigations, or other legal processes,
  • enforce or apply the terms of the Contract or other Denowatts policies or agreements,
  • investigate, prevent or respond to allegations of fraud, intellectual property infringement, or other wrongful, harmful or unlawful activity,
  • protect or enforce the rights, property or safety of Denowatts, its agents, employees, personnel or others, or
  • respond to an emergency or protect the personal safety of any person.

Also, in the event Denowatts enters, is involved in, or completes, a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of Denowatts’s assets (including in connection with the winding down or dissolution of its business, bankruptcy or change in control), Denowatts may make available, disclose, sell or transfer to the acquiror or other party in such transaction (including at the preliminary or due diligence stages, during the pendency, or at or following the conclusion of such transaction process) any or all information, including your Personal Data, that it has collected about you in connection with the provision or operation of any of the Denowatts Items (including the Website, Portal, Application and APIs) or otherwise in connection with the Subscription Service. By using any of the Denowatts Items, and providing your information, including your Personal Data, to Denowatts, you consent to Denowatts taking any of the actions with respect to your information, including your Personal Data, as described in this paragraph.

Denowatts may, with your consent, post your testimonials, which may contain your Personal Data, on the Website, our LinkedIn page, or on any digital distribution platform for our Application. These testimonials may also constitute Feedback or Developments under the Master Terms, or User Feedback or User Developments under the Authorized User Terms, and be addressed by the applicable provisions of the Master Terms or Authorized User Terms, as the case may be, and as further described above under the heading “Authorized User - Content/Images/Developments/Feedback”.

Accessing or changing Your Information

If you have provided your contact information to Denowatts as described above under the heading “Contact and Other Information that You Provide”, you may access, change, delete or correct inaccuracies in, such contact information by contacting Denowatts by email or mail using our contact information that is listed below (under the heading labeled “Contact Information”).

If you are an Authorized User, you may access, change, delete or correct inaccuracies in your account information as set forth in the paragraph above or through the Portal or the Application. To close your account, please contact Denowatts by any of the methods listed below under the heading “Contact Information”. Denowatts may retain certain information as required by law or as is necessary for business purposes as described below under the heading “Storage, Security and Retention”.

STORAGE, Security AND RETENTION

Denowatts has put in place reasonable administrative, technical and physical safeguards to prevent unauthorized access to your Personal Data (and has requested its suppliers to do the same). These security measures include, by way of example, password protected directories and databases to safeguard information or SSL (Secure Sockets Layered) technology to ensure that information is fully encrypted and sent across the Internet securely.

The retention period for your information that Denowatts has collected, which may include your Personal Data, will vary depending on the nature of such information. For example, if you are an Authorized User, any of your Personal Data that is included in your account information (as described above under the heading “Authorized User - Account Information”) will need to be retained for at least the duration of your account, while certain of your other information that is accessible by, and available to, the members of your Project Team (as described above under the heading “Authorized User - Project Team”) will need to be retained for the duration of such accessibility and availability. In addition, as indicated above under the heading “Authorized User - Content/Images/Developments/Feedback”, any information that you upload or provide that constitutes (1) Customer Data, Redacted Data, Denowatts Data (or any other Denowatts Technology and Data), Feedback or Developments is governed by the Master Terms, and (2) User Developments and User Feedback is governed by the Authorized User Terms. Thus, by way of example, because the Master Terms provide, in part, that Denowatts may use Customer Data throughout the Subscription Period and, if in the form of Redacted Data, then during and after the Subscription Period, Denowatts will retain such information for the duration of such use. Also, if you elected to receive marketing materials from Denowatts, then we will retain your marketing preferences (including your email address or mobile phone number) until you opt out from receiving such materials. Denowatts may also retain indefinitely any anonymous/de-identified information, including site and performance data.

Denowatts may also retain your information, which may include your Personal Data, where Denowatts has an ongoing legitimate business need to do so, including (1) to the extent necessary to prevent fraud or future abuse, (2) in connection with any legal matters, including any claims, actions or other proceedings seeking to resolve disputes, (3) to protect or enforce Denowatts rights (including under any Denowatts agreements or policies), or (4) to comply with any requirements of applicable laws or other legal obligations (including under the Master Terms). For any Subscription Service, any account information, billing and payment information, and other information that are maintained as part of Denowatts business records (including for bookkeeping and accounting purposes) will be retained in accordance with Denowatts customary business and record keeping practices or as otherwise required by law or other legal obligations. Thus, for example, if you are an Authorized User, the retention periods for the matters described in this paragraph may continue even after the termination of your Authorized User account or any Subscription Period applicable to you.

Except as otherwise expressly provided above in the immediately preceding two paragraphs or elsewhere in the Contract, or pursuant to any earlier request by you to delete your information as provided in this Policy, Denowatts will, after a reasonable period of time, either delete or anonymize your Personal Data (or, if this is not feasible, will store your information until deletion is possible).

Although Denowatts uses reasonable efforts to protect your Personal Data, no security regimen is 100% effective. Thus, Denowatts cannot guarantee, and you should not expect, that your information, including Personal Data, or other communications will always remain secure, including when transmitted via the Internet. Denowatts will comply with applicable laws in notifying you of any data breach of your Personal Data.

Children’s Privacy

All Denowatts Items are intended for use by businesses and are directed to, and may only be used by, people who are at least 18 years old or older. Denowatts does not knowingly collect any information from anyone under 13 years of age.

NO Access from outside the USA PERMITTED

Currently, the Denowatts Items, including the Website, Services, Portal, Application and APIs, are available only to, and may only be used by, visitors, Customers, Providers and Authorized Users, as the case may be, that are residents of the United States and exclusively from and within the United States of America. Access or use by individuals located outside the United States or that are not residents of the United States are strictly prohibited.

Without limiting the paragraph above, if you choose to visit the Website or any of our other websites, or use the Portal, Application, APIs or any of the other Denowatts Items, from a location outside of the United States of America (in violation of this Policy and the Contract), you will be connected through and to servers located within the United States, and all information you provide will be processed on web servers and systems of Denowatts or its contractors that are located within the United States of America. By providing your information to Denowatts or using any of the Denowatts Items, you agree that all information, including your Personal Data, will be used in accordance with this Policy and pursuant to United States law. The data protection and other laws of the United States might not be as comprehensive as those in your country.

TRADEMARKS/SERVICE MARKS

“HubSpot”, “Google Analytics”, “Google”, “reCAPTCHA”, “Vimeo”, and “LinkedIn” are trademarks, service marks or brands, or registered trademarks or service marks, of their respective owners.

Contact Information

If you have any questions or concerns regarding this Privacy Policy, please contact us by email to support@denowatts.com or by mail to Denowatts Solar, LLC, 1600 Osgood Street, Suite 2056, North Andover, MA 01845. If you are an Authorized User, you may also send Denowatts a message through the Portal ticketing system or Portal feedback form.