Privacy Policy

Scale Microgrid Solutions Operating LLC, its parents, subsidiaries, and affiliates (together “Scale” “we” or “us”) is committed to protecting your privacy.  This privacy policy (“Privacy Policy”) applies to our public website and secured Sites, including any of its mobile versions or mobile applications (individually and collectively, the “Sites”) and describes how we collect, use, share and otherwise process Personal Data (as defined below) about visitors to our Sites, contact persons for our customers and/or prospective customers, contact persons for our suppliers of goods or services, or any other individuals about whom Scale obtains Personal Data.

In this Privacy Policy, “Personal Data" means information that (either in isolation or in combination with other information held by Scale) enables you to be identified as an individual or recognized directly or indirectly.  

By accessing or using Scale’s Sites and services, you signify that you have read, understood, and agree to our collection, use, and disclosure of your Personal Data as described in this Privacy Policy. This Privacy Policy may change from time to time; the date the policy was last revised is identified above. Your continued use of the Sites after we change the Privacy Policy means you accept those changes, so please check back periodically for updates.

1.Types of Personal Data Collected

We collect Personal Data you provide to us in a variety of ways from different sources in connection with the day-to-day management of our business and our commercial relationships, directly from the data subjects and from customers and publicly available sources. Where Scale receives data from its customers about employees of customers or other individuals, the customer is responsible for ensuring that any such data is transferred to us in compliance with applicable data protection laws.

The categories of “Personal Data” we have collected over the past 12 months or may collect in the future may include, without limitation:

• Identifiers, including name, physical address, email address, phone number, social security number, driver’s license or other government identification information, account identifiers and login credentials, and credit and identity information relating to data used to identify an individual.
  
  
• Characteristics of protected classifications under applicable laws, including age and date of birth.
  
  
• Commercial information, including payment card or bank account information, account history relating to an individual’s purchases, service profile information relating to an individual’s purchases and interests, feedback information, communication preferences, customer service and communication history, information related to home ownership or energy usage, and utility provider.
  
  
• Internet or other electronic network activity information, including IP address, log data, analytics data, application data, device ID, and other data collected through cookies and similar technologies.
  
  
• Geolocation data, including general geographic location or more precise location when permitted by law.
  
  
• Audio, electronic, visual, thermal, olfactory, or similar information, including, where permitted by law, recordings of phone calls between us and individuals and audio, image, and video recordings of visitors to our offices or events.
  
  
• Professional or employment-related information, including the business or organization an individual represents, their title with that business or organization, and information relating to their role with the business or organization.
  
  
• Job applicant or contractor data, provided by job applicants or independent contractors in connection with employment or project opportunities.
  
  
• Sensitive Personal Information, including social security number, driver’s license or other government identification information, precise geolocation data, and account login credentials. Each type of Sensitive Personal Information may also fall under another category of personal information. We only use this information for the purposes of performing the services as permitted by law.
  
  
• Demographic information, including age and date of birth.
  
  
• Inferences drawn from other personal information or data, including our predictions about interests and preferences and related service profile information.
  • We collect data when you voluntarily provide it to us.
    • This may include when you use our Sites, register or create an online account with us, apply for employment or project opportunities, purchase products or services, request information from us, sign up for newsletters or our email list, enter into sweepstakes or other promotion, fill out a survey, request customer support, or otherwise communicate with or contact us. You can choose not to provide the requested data, but you might not be able to take advantage of certain Site features.
  • We automatically collect data about your browser or device and your use of our Sites.
    • When you access and use the Sites, our technology and tools may automatically collect and record certain data (which does not identify you as an individual) about your use of the Sites (your IP address, browser type, the make and model of device used to view the Sites, unique device identifiers, the referring web page, pages visited, search terms and other information relating to your use of the Sites, browser or device).
    • Whenever you visit or interact with the Sites, we may use a variety of technologies such as cookies, clear GIFs, pixel tags, log files, and other technologies or third-party services to automatically or passively collect personal information about users of the Sites and interactions with our emails and online advertisements.
    • We may also automatically collect Energy Usage Information about your energy usage and related information as explained
  • Third-parties may also automatically collect data about you.
    • Some embedded content on the Sites may be served by third-party content providers. Please note that these companies may also use cookies, pixels, tags or other similar technologies to receive, collect and store data about you, both on the Sites and throughout the Internet. Data collection and use by those third-parties is subject to the privacy policies of those third-parties.
  • Use of Third-Party Analytics and Technologies.
    • We may use third parties' analytic and tracking tools, such as Google Analytics for Display Marketing, to better understand who is using the Sites, how people are using the Sites, and how to improve the effectiveness of the Sites and their content, and to help us or those third parties serve more targeted advertising to you across the Internet. These tools may use cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to collect and store information about you. They may also combine information they collect from your interaction with the Sites with information they collect from other sources. We do not have access to, or control over, these third parties' use of cookies or other tracking technologies.
  • Information You Provide Through Third-Party Websites or Services.
    • If you connect or link to us through a third-party website or service, such as a social media account, we may automatically receive certain information about you based on your registration and privacy settings on those third-party websites or services. This may include, but may not be limited to, your name, username, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as online activity.

2. Use of Collected Data

We collect and use the types of data described above to assist in the administration and operation of the Sites and to provide you an efficient, meaningful, and customized experience. We may use the data to:

• To analyze, improve, operate, and maintain the Sites, and other systems, and to develop new products and services.
• To provide you with information, products, or services that you request from us, and to contact and communicate with you when necessary.
• To plan, implement and evaluate energy-use and efficiency programs, such as demand response programs.
• To assess the suitability of your site for decentralized energy resources system.
• To allow you to take certain actions related to your account, including, but not limited to, monitoring your decentralized energy resources system, including your solar production, and managing your account and contact information.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Sites and/or services and products.
• To perform credit checks and process credit card payments.
• To provide you and other users with customized content, targeted offers, and advertising on the Sites, or across other websites, mobile applications, social media or online services, or via direct mail, email, and/or telemarketing regarding offers, contests, events, news, programs, and other retail opportunities from us and/or selected third parties that we believe may be of interest to you.
• To use your data in an aggregated non-specific format for analytical and demographic purposes.
• In any other way we may describe when you provide the information to us.

3. How We Share Data.

We have shared over the past 12 months or may share in the future the type of personal data identified in Section 1 above in the following manners:

• Affiliates and Subsidiaries. We may share your data collected on this Sites with our subsidiaries or affiliated companies.
  
  
• Service Providers. We may provide collected data to our service providers. They may use your data to perform services for us and may have access to, store and process your Personal Data to provide services on our behalf.
  
  
• Law Enforcement and Safety. We may also share or disclose your data to comply with a court order or other legal obligation, to enforce the Sites Terms of Use, and to protect the rights, property or safety of our users and other third-parties. We may disclose data to government or law enforcement officials or private parties as we determine, in our sole and absolute discretion, is necessary or appropriate to respond to claims or to comply with legal processes, to comply with laws, regulations or ordinances or to prevent or stop illegal, unethical or actionable activity.
  
  
• Business Transfer. In the event that Scale undergoes a merger, acquisition by another company or sale of its assets, bankruptcy, reorganization or other business transaction your data will, in most instances, be part of the assets transferred.
  
  
• Financial institutions. We share Personal Data with financial institutions in connection with financing services to provide to you, as well as for invoicing and payments.
  
  
• Market Program Administrators. We may disclose your information to utilities, ISOs/RTOs, curtailment service providers, and distributed energy resource providers in order to deliver services to you and to facilitate your enrollment and participation in grid services, demand response, and other programs.
  
  
• Aggregate or anonymous non-personal information. We may disclose aggregate, anonymous, or de-identified non-personal information to third parties for their marketing or analytics uses.

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3. How We Share Data.

We have shared over the past 12 months or may share in the future the type of personal data identified in Section 1 above in the following manners:

• Affiliates and Subsidiaries. We may share your data collected on this Sites with our subsidiaries or affiliated companies.
  
  
• Service Providers. We may provide collected data to our service providers. They may use your data to perform services for us and may have access to, store and process your Personal Data to provide services on our behalf.
  
  
• Law Enforcement and Safety. We may also share or disclose your data to comply with a court order or other legal obligation, to enforce the Sites Terms of Use, and to protect the rights, property or safety of our users and other third-parties. We may disclose data to government or law enforcement officials or private parties as we determine, in our sole and absolute discretion, is necessary or appropriate to respond to claims or to comply with legal processes, to comply with laws, regulations or ordinances or to prevent or stop illegal, unethical or actionable activity.
  
  
• Business Transfer. In the event that Scale undergoes a merger, acquisition by another company or sale of its assets, bankruptcy, reorganization or other business transaction your data will, in most instances, be part of the assets transferred.
  
  
• Financial institutions. We share Personal Data with financial institutions in connection with financing services to provide to you, as well as for invoicing and payments.
  
  
• Market Program Administrators. We may disclose your information to utilities, ISOs/RTOs, curtailment service providers, and distributed energy resource providers in order to deliver services to you and to facilitate your enrollment and participation in grid services, demand response, and other programs.
  
  
• Aggregate or anonymous non-personal information. We may disclose aggregate, anonymous, or de-identified non-personal information to third parties for their marketing or analytics uses.

4. Opting-Out of Data Use or Withdrawing Consent

• Cookies, Tracking Options and California Do Not Track Disclosures. Certain parts of our Sites require cookies. You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Sites or take full advantage of all of our offerings. Please refer to your device's settings or your Internet browser's "Help" section for more information on how to delete and/or disable cookies or to control your tracking preferences. Our Sites may not recognize "do not track" requests or headers from some or all browsers. We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use.
  
• Unsubscribing from our marketing communications. We provide our customers, as well as individuals referred by our customers, with the opportunity to opt out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product or service. To opt out of marketing communications, please email us at legal@scalemicrogrids.com or write us at the address below with such request.
  
  
• Accessing or Updating Your Information. If you become a Scale customer, you can create an account with us. You can contact your sales representative to request a correction to or deletion of certain information you provided in connection with your account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

5. Retention of Personal Data

To the extent permitted by applicable law, we retain personal data we obtain about you as long as (1) it is needed for the purpose for which we obtained it, pursuant to this Privacy Policy, or (2) we have another lawful basis stated in this Privacy Policy for retaining that information beyond the period for which it is necessary to serve the original purpose for obtaining such personal data. Data is retained for such time periods as is reasonably required; the following criteria are considered when determining how long to retain data collected hereunder: whether required for the provision of services; to prevent harm; to promote safety, security and integrity; to protect customers; or such other purpose as we reasonably determine.  

6. Data Security

We have implemented measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

7. Children’s Online Privacy Protection Act Compliance

We do not knowingly collect, process, or sell Personal Data of consumers we know to be less than 18 years of age and will delete any such data upon becoming aware of any incidental processing. If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at legal@scalemicrogrids.com. We may not be able to modify or delete your information in all circumstances.

8. Modifications to this Privacy Policy

From time to time, we may update this Privacy Policy to reflect, among other things, changes in the law or our data collection and use practices and such modifications shall be effective upon posting by Scale. Your continued use of the Sites after an updated Privacy Policy signifies your acceptance of the updated Privacy Policy. It is important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If we make a material change to this Privacy Policy, as determined in our sole discretion, we will notify you via email.

9. Contact Us

If you have any general questions about this Privacy Policy or other aspects of the Sites or would like to correct, update or erase data provided to us, please email us at legal@scalemicrogrids.com or write to us at:

Scale Microgrid Solutions Operating LLC

Attention: Legal Department – California Privacy Rights

51-53 S. Broad St

Ridgewood NJ, 7450

10. Additional Rights for California Residents

These additional disclosures in this Section 11 supplement the information contained in our Privacy Policy by providing additional information about our personal data processing practices relating only to individual residents of the State of California. For a detailed description of how we collect, use, disclose, and otherwise process personal information in connection with our services, please visit our Privacy Policy. Unless otherwise expressly stated, all terms defined in our Privacy Policy retain the same meaning in these Disclosures.

Your California Privacy Rights

This section applies to California residents whose personal information is processed by Scale pursuant to the California Consumer Privacy Act (“CCPA”), including how we protect the personal information we process and control relating to you and the rights you may have in relation to this personal information. For purposes of this section, “personal information” has the meaning provided by the CCPA and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with you, or that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, such as the HIPAA, the FCRA, GLBA or the Driver’s Privacy Protection Act of 1994. This section does not apply to personal information we collect when we are acting as a “service provider” to process information pursuant to a contract with one of our business customers.

Your California Rights and Choices.  In addition to the rights and obligations stated in this Privacy Policy, as a California resident, you may be able to request to exercise the following rights:

The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:

• The categories of personal information we have collected about you;
  
  
• The categories of sources of the personal information;
  
  
• The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
  
  
• The categories of personal information we have sold, if any, and the categories of third parties to whom the information was sold, if any; and
  
  
• The business or commercial purposes for collecting or selling the personal information, if any.

The Right to Correct your personal information.

‍The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.

‍The Right to Opt Out of Personal Information Sales to third parties now or in the future.

You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our services or engage with you in the same manner.

‍No sales of personal data. We do not sell or share your personal data.

‍To submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

To exercise your California Consumer Rights, please submit a request by:

Emailing: legal@scalemicogrids.com with the subject line “California Rights Request,” or

Mailing at:

Scale Microgrid Solutions Operating LLC

Attention: Legal Department – California Privacy Rights

51-53 S. Broad St

Ridgewood NJ, 7450

‍California’s “Shine the Light” Law. California’s “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. To opt-out of having your personal information disclosed to third parties for their direct marketing purposes, please submit a request using one of the California consumer rights request methods designated above.