Better Earth may update this Policy from time to time. Please review the “Last Updated” legend at the top of this Policy to see when this Policy was last updated, which shall be deemed the effective date of this Policy. Any changes to this Policy will become effective when we post the revised Policy on the Digital Services and send you notice of such changes, unless otherwise expressly specified by Better Earth. If you have any concerns about this Policy, please contact Better Earth by using the contact information provided in the “Contact Us” section below.
INFORMATION WE COLLECT
When you visit / interact with the Digital Services, we collect information about you that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). The following explains the categories of Personal Information we collect from you within the last twelve (12) months and how we collect such data.
Information We Collect Directly
- Information Regarding Your Solar Usage: When you purchase or lease a solar system, which may include services like solar usage monitoring, you provide us directly with Personal Information about yourself and your household and give us access to information about the use of the solar system by your household. This information may include: (i) energy installation data (home details, such as dimensions of your roof, electric system configuration, existing solar capacity, installation date, and energy serial number), (ii) energy product data (data regarding system performance, usage, operation, battery efficiency, and condition of your energy product), (iii) energy diagnostic logs (for identifying and troubleshooting software or connectivity issues, and other debugging log reports). We collect your energy installation data in order to fulfill your request for products and services based on our contract with you. We collect your energy product data in order to provide you with services, security of functionality, and improve our products over time based on our legitimate interests. We also collect energy diagnostic logs in order to assess and repair software or product issues based on our legitimate interests in ensuring product safety and performance.
- Consent: With your consent, we may collect and use your Personal Information for any purpose.
- Online Forms: When you complete an online form to allow Better Earth, or a Better Earth independent dealer, to contact you, we collect identifiers such as your name, address, region, zip code, telephone number, email address and contact preference. We collect such identifiers in order to communicate with you, process your request, and provide products or services, based on consent or our contract with you. We also collect information to help us validate your identity as the party submitting the form, which may include your IP address, location information, information about your device, e.g., operating system, and a picture of your submission form and related information. We collect this information in order to optimize the Digital Services’ performance, based on either your consent, our contract with you and/or our legitimate interests in improving user experience and security.
- Communications with Better Earth: When you contact Better Earth by telephone, or email, we collect identifiers and any other Personal Information you choose to provide. We collect this information in order to communicate with you, confirm your identity, and provide products or services based on consent or our contract with you. When you contact Better Earth by telephone, we collect the telephone number that you use to call Better Earth. Better Earth may record its telephone calls for training and quality assurance purposes. During any call, Better Earth may collect your name, address, email address, product specifications regarding your solar system, if any, and information about your energy needs and usage. When you communicate with Better Earth via email or other electronic means, we will collect your email address, name, and any Personal Information you voluntarily choose to include in the communication so that we can respond to your questions and improve our user experience and services.
- Social Media, Online Forum, Blogs, Message Boards, Chat Rooms: You may choose to interact with Better Earth via social media platforms on which Better Earth is active, including, among others, Facebook, Instagram, LinkedIn, review sites, including, without limitation, Yelp, or through blogs, chat or messaging features available through the Digital Services. From these interactions, Better Earth may collect identifiers such as your given name, screen name and other information that you choose to provide such as posts, comments or feedback that you post or leave on pages, feeds or direct messages you send to Better Earth. Some aspects of the Digital Services and social media platforms may be visible to other users or the general public, e.g., blogs. WE STRONGLY ADVISE YOU TO NOT POST PERSONAL DETAILS TO THESE AREAS OF DIGITAL SERVICES. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN PUBLIC AREAS OR FORUMS.
- Testimonials: When you voluntarily provide testimonials to Better Earth for publication on the Digital Services or in marketing materials, with your consent, we collect and may publish images of you, audio and/or video recordings, and identifiers that may include your name, contact information, and information about your experience with Better Earth products and services.
- Drone Footage. When you provide Better Earth consent to film and photograph your property, we also collect imagery, map and/or geolocation data and video taken during the filming or photography session.
- Business Contacts: Better Earth collects the personal or business contact information you provide at trade shows, conventions, or similar events, including through business card information, to allow us to contact you or to receive information about us, opportunities with us, or to describe our products or services in more detail.
- Accounts / Profiles: When you sign up or use a Better Earth application or service, we collect the Personal Information you provide to create a profile, account, generate a quote or estimate, provide payment (e.g., credit card or bank account information) or to receive information about the performance of your system or Better Earth products. This may include identifiers such as your name, address, zip code, telephone number, and email address, as well as financial information to provide payments and information about your solar usage (see below).
- Contests and Sweepstakes: On occasion, Better Earth may conduct or sponsor contests or sweepstakes with the opportunity to win prizes. Each contest/sweepstakes has its own terms and conditions (“Official Rules”). As part of entering a contest or sweepstakes online through the Digital Services or through a third-party provider site, certain personal information (including your name, address, phone number) is required. This information will be used as described in the Official Rules.
- Leasing and Financing: If you lease your solar system, we collect and convey to a third-party leasing/financing service provider information such as your name, address, information about products leased or purchased, and contact information, including telephone number and email address, as well as additional information. For example, when you finance a Better Earth product or service through an independent leasing/finance provider, Better Earth may provide information to such independent leasing/finance provider for purposes of facilitating such lease, including information regarding any co-applicants or co-owners of the dwelling associated with your installation, such as contact information (e.g., name, address, phone number, email address); proof of identity; social security number; financial history, including account balances and payment history; credit reports, scores and history; employment and income information, including employment verifications; and utility bills. In addition, and separately, these independent leasing/finance providers may similarly collect and/or confirm this same, and likely additional, information for their use in establishing and servicing such lease. We do not control what information is collected by these independent leasing/finance providers nor the information collection and sharing practices adopted by them. For more information about such information collection and sharing practices of these third-party providers, you should refer to those companies’ privacy and data sharing statements.
- Surveys: If you respond to surveys administered by Better Earth, we will collect identifiers such as your email address, name, and any information you provide in response to or relating to the survey. If we disclose information relating to the survey to third parties, we will do so in non-identifying, aggregated form. We may disclose your feedback related to the performance of a dealer, agent, or installer to that independent dealer or installer in identified fashion for quality assurance purposes.
- Combining Information We Collect: We may combine the information that we receive from and about you, including information you provide to us and information we automatically collect through the Digital Services, as well as information collected from other online or offline sources, including from third-party sources and from your installed solar system.
We do not collect sensitive information about you (such as medical information, information regarding ethnicity, political or religious beliefs, union or other trade membership, sexual orientation, etc.) and you should not provide such information to us.
Cookies and other Automated Technology
- Web Browsers: Like most online technologies, we gather non-identifying information from your computer and internet connection of the sort that your browser, depending on its settings, may provide. That information includes your internet protocol address, operating system and browser type and version number, and the locations of the web pages you view right before arriving at, while navigating, and immediately after leaving, the Digital Services. Such information helps provide information on traffic data and location data, date and time of access, frequency and other communication data and details of referring websites actions, and patterns.
- Web Beacons: We use technology known as “web beacons” to collect web information. A web beacon is a technique used on web pages to unobtrusively allow an operator to check that a user has accessed certain content. Web beacons are typically used by third parties to monitor the activity of users at a website for the purpose of web analytics. We place web beacons on pages of the Digital Services. You may not decline web beacons. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
- Cross-Device Tracking: We use data analytics companies, advertising networks, or social media companies, and features offered by data analytics services or the Facebook Pixel, to engage in “cross-device tracking,” which occurs when platforms, publishers, and advertising technology companies try to connect a consumer’s activity across smartphones, tablets, desktop computers, and other connected devices. The goal of cross-device tracking is to enable companies to link a consumer’s behavior across devices.
- Social Media Plug-ins: We use social media plug-ins on our Digital Services from companies like Twitter, Facebook, Instagram, YouTube, and LinkedIn to enable you to easily share information with others. We use the information collected from the plug-ins to learn about your interests and to help us better understand how to improve the Digital Services user experience. This information may include your contact preferences, marketing preferences, product or service preferences and other demographic information. The social media plug-ins may allow these companies to receive Personal Information about you and your visit to our Digital Services. When you visit our Digital Services, the operators of the social media plug- ins place cookies on your computer that enable them to recognize you on their websites after you have visited our Digital Services, or that enable them to add the information collected from your visit to our Digital Services with your prior activity on those websites. We do not control what information is collected by the social media plug-ins or the information practices adopted by those social media companies. For more information about social media plug-ins from social media websites, you should refer to those companies’ privacy and data sharing statements. Please read these policies carefully to understand your options; you should take the steps you feel are needed to protect your privacy and security.
Information We Receive or Purchase from Third Parties
Better Earth may receive or purchase information, including identifiers such as your name, address, email address and telephone number from third parties to be used to market Better Earth products and services to you as explained below.
- Third Parties with Whom We Have a Relationship – Better Earth may receive your personal information from third parties with whom we have a relationship, including our independent dealers, home service providers, home developers, and sources of finance, to determine whether you are interested in purchasing a Better Earth product or service and whether that product or service is right for you.
- Purchase of Data from Unaffiliated Third Parties – Where permitted by applicable law, Better Earth may purchase your Personal Information from third parties, e.g. lead generators, and will process your data in accordance with applicable law (and with your consent, where required) to determine whether you are interested in purchasing a Better Earth product or service and whether that product or service is right for you.
- Referral Programs – We may receive your information from third parties as part of a referral program. These may include programs offered by any number of groups with which you are affiliated or individuals with whom you have a personal relationship. Your information will only be used for determining your interest in a Better Earth product.
- Utilities – Where permitted by applicable law, and with your consent, Better Earth may obtain information about your energy consumption from your utility provider. This information may be used by Better Earth to provide monitoring services and calculate energy savings relating to your system, and may also be used by Better Earth to understand how you use your system.
- Third-Party Site Information – Some of our Digital Services use information from third-party sources such as Google Earth images for use in providing initial customer estimates, or utility information provided to us by your utility company. Where required, we will seek your consent to receive this data.
HOW WE USE YOUR INFORMATION
We use the Personal Information set forth above or non-identifiable information we collect to facilitate the business relationship we have with you, to comply with our legal obligations, and to pursue our legitimate business interests, which include the purposes set out below:
- To comply with applicable laws, including those relating to the detection, prevention and monitoring of fraud, anti-corruption, and money laundering and related reporting obligations;
- To communicate with you, including to provide you information or schedule consultations about your installation, products or services, to discuss, schedule or confirm maintenance on your system or communicate regarding warranty claims, marketing, promotional offers or surveys, and about product safety information;
- To analyze and improve the safety and security of our products and services;
- To conduct research, develop and promote new products and services, and to improve or modify our existing services including the Digital Services and any content or advertising thereon;
- To enforce our legal obligations and rights, including our Digital Services terms and conditions, and any contractual rights;
- To present our Digital Services and related content to you;
- In the event of a merger, sale or other transfer event, in which Personal Information held by us about you is among the assets transferred;
- To improve our customer service experience, including for training and quality assurance purposes;
- To provide your information to third parties, including our affiliates or Better Earth independent dealers, so that those third parties may directly contact you about products and services;
- To provide your information to certain non-profit solar advocacy organizations in order to inform you about opportunities in the solar community;
- To facilitate communications with Better Earth independent dealers or related third parties;
- To monitor the performance of your system and provide you with maintenance or troubleshoot issues with your system;
- To assess the suitability of your home for a solar system;
- To analyze and improve the effectiveness of our marketing programs and the Digital Services;
- To provide or deliver information, notifications, services, products, support or transactions you requested; and
- To contact you, including through email, U.S. mail, and via text, if you consent to text communications, email you about products and services that we believe may be of interest to you.
We use the information we collect from and about you in any other way we describe when you provide the information to us. If you wish to opt out of receiving emails from us or from third parties, please follow the instructions at the bottom of each email.
HOW WE DISCLOSE PERSONAL INFORMATION
We may share your Personal Information with trusted third parties or where required by law. We make use of confidentiality agreements or other means to protect Personal Information disclosed to third parties where required to ensure the Personal Information is used solely for performing the services.
In the last twelve (12) months, we have disclosed your Personal Information to the following categories of third parties:
Affiliates: We share the information we collect with other Better Earth entities, including subsidiaries and parent companies, companies related by common ownership or control, to provide our products, services and for internal business administrative purposes;
Service Providers: We share information with service providers that: (i) process information on our behalf; (ii) provide infrastructure, products or services to us or on our behalf or help us operate or improve our business; (iii) participate with us in the provision, maintenance, or operation of the Digital Services; and (iv) provide you with information, products and/or services relating to your Better Earth system or when it is necessary to assist, operate, and fulfill services on our behalf based on our legitimate interests to outsource certain operations;
Business Partners: We share your Personal Information, including name, contact information, and the history/status of your interaction with us, including information regarding products purchased by you and performance of such products, with independent dealers, installers, home developers, companies that perform services for us, other companies or entities to which we report sale or performance data, or companies with whom we have marketing or affiliate relationships designed to assist with sales, installations, operation or maintenance of systems, and to manage the communications between us (or our affiliates) and our customers;
Credit Reporting Agencies: Where allowed by law, Better Earth may report information regarding payments, late payments, missed payments, or other similar information regarding your account, to credit reporting agencies or entities;
Financing Entities: We share information with financing companies that finance leases and provide other forms of financing to our solar customers, and other entities that may assist in managing such leases. We do not control what information is collected by these entities or the information practices adopted by them. For more information about the collection and information use practices of these entities, you should refer to their privacy and data sharing statements;
Corporate Transactions: We may share Personal Information with third parties when/if we contemplate entering into a corporate transaction with a third party, and then solely for the purpose of facilitating such corporate transaction. For purposes of this section, “corporate transaction” includes, without limitation, any merger, reorganization, joint venture, change of control, sale of all or substantially all of our assets, or other sale of our business. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be among the assets transferred; and
THIRD-PARTY CONTENT AND LINKS
The Digital Services may contain links to third parties who partner with us or who simply provide services to us. We do not control the third-party sites or applications that may be accessible through the Digital Services. If you use those links, these third parties may collect information about you. If you have any questions about their privacy practices, you should view their privacy policies and/or contact those third parties directly. You should also take the steps you feel are needed to protect your privacy and security.
We believe we have taken appropriate measures to protect the security of your information. However, although we do our best to ensure the integrity and security of our network and systems, we cannot guarantee the success of our security measures. If applicable, you are responsible for maintaining the confidentiality of your password. Any unauthorized access to, or use of, our Digital Services, your password, or information collected and maintained by our Digital Services should be brought to our attention by contacting us as described in the “Contact Us” section below.
Protecting children’s privacy is important to us. Better Earth does not knowingly interact with or collect information from children under thirteen (13) years old. If you are a parent or guardian of a child under the age of thirteen (13) and believe your child has provided Personal Information to us, please contact us as described in the “Contact Us” section below. We will assist you in deleting your child’s Personal Information and discontinue any further use thereof. The Digital Services are intended for adults. By accessing and/or using the Digital Services, you represent that you are at least eighteen (18) years old. If we determine that you are younger than eighteen (18) years old, we reserve the right to terminate your account and discontinue your access to the Digital Services.
YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
Do Not Track. We do not currently respond to DO NOT TRACK signals.
Telephone Calls, Text Messages, Emails. If you would like to opt out from receiving marketing or informational telephone call, text messages or emails, telephone calls from us, you may do so by following the instructions contained in any of the written communications and choosing to “opt out” of those communications. You may also opt out from receiving such communications by contacting us as described in the “Contact Us” section below. You may unsubscribe at any time. Please note that we may still be required to send you administrative or other important messages, such as billing-related notices or policy changes, even if you opt out of receiving other communications. In addition, we may still send you non-marketing emails, including surveys, and where authorized, text messages related to your account and activity conducted on or through the Digital Services.
Mobile Apps. If you would like to manage whether our Digital Services send you push notifications, you may do so by changing your notification settings on your specific device.
Social Media Sharing. If you would like to manage permissions granted to social media platforms or services with regard to the sharing of your use of our Digital Services through such third-party platforms, you may do so by adjusting your user settings to reflect your preferences directly on such third-party social media platforms or services. You may also discontinue Better Earth’s access to your social media account or control what information these third-party social media platforms or services share with us through your privacy settings on such third-party account(s).
YOUR RIGHTS REGARDING YOUR PERSONAL INFORMATION
Questions or Concerns. If you have any questions or concerns regarding your Personal Information, you may contact us directly as provided in the “Contact Us” section below.
California Residents. Effective as of January 1, 2020, the California Consumer Privacy Act (“CCPA”) (Civil Code § 1798.100) provides California residents specific rights regarding their Personal Information, including:
- Information regarding Collection, Disclosure and Sale: You have the right to be informed of the categories of Personal Information that we collect about you, the categories of sources from which the Personal Information was collected, the business or commercial purposes for which the Personal Information is used, disclosed, or sold, and the categories of third parties with whom we share the Personal Information, as set forth in this Policy.
- Access to Specific Information: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. This includes the categories of Personal Information we collected about you; the categories of sources for the Personal Information we collected about you; our business or commercial purpose for collecting or selling that Personal Information; the categories of third parties with whom we share that Personal Information; and the specific pieces of Personal Information we collected about you. If we sold or disclosed your Personal Information for a business purpose, you have the right to request two separate lists disclosing the categories of Personal Information that we sold about you and to whom; and the categories of Personal Information that we disclosed about you for a business purpose. You have the right to receive the Personal Information, which you have provided to us, in a portable, and to the extent technically feasible, readily useable format.
- Deletion Request Rights: You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.
- Personal Information Sales Opt-Out Rights: You have the right to opt out of the future sale of your Personal Information. The law defines “sale” very broadly to include making data available to third parties in some cases. We allow advertising and analytics companies to collect IP addresses and cookie IDs through our sites and apps when you use the Digital Services. After you submit your Do Not Sell request, we may continue to share some personal information with our service providers that do not constitute “sales” to help us perform advertising-related functions, including measuring the effectiveness of our ads, managing how many times you see an ad, reporting the performance of our ads, and improving when and where you see our ads. Any opt-out choices you make will only apply to the specific email address that you provide when making the request. To the extent that information disclosed is not identifiable to you, based on the information submitted with your request or based on how information is stored in our systems, e.g., not stored in a manner that allows us to link it with you, the law does not require us to identify this information and apply your request to same.
- Non-Discrimination: Unless permitted by applicable law, we will not discriminate against you for exercising any of your privacy rights under CCPA or applicable law, including by, but not limited to: denying you goods or services; charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing you a different level of quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.
- Exercising Your Rights – Only you or an authorized agent may make a verifiable consumer request related to your Personal Information. To exercise your rights, you may submit your request by contacting us as described below in the “Contact Us” section.
- Designating a Third-Party to Act on Your Behalf – In order to designate a third party to act on your behalf, that person must be registered with the California Secretary of State and must have valid written evidence of authority from you to act on your behalf, e.g. a validly executed Power of Attorney or some other written, notarized documentation that they can provide to Better Earth. Absent such documentation, Better Earth reserves the right to refuse to comply with third-party requests for information.
- Verifying Your Requests – During this verification process, and depending on the type of request made, we will first attempt to verify your identity against Personal Information we may already possess. Upon receiving your request, we may also contact you to verify your identity. In certain instances, e.g. a mismatch against known information or where you are seeking information on behalf of another person with authorization, we may seek additional verification from you, which may be in the form of a government-issued identification or passport.
- Exceptions – We may deny certain requests, in whole or in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or recordkeeping or to comply with legal obligations, to process transactions, perform continuing obligations, and facilitate requests. In the event a deletion request is denied in whole or in part, you may at that time make a “Do Not Sell” request, as set forth above.
Shine the Light. California’s “Shine the Light” law (Civil Code § 1798.83) permits users of our Digital Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us as described below in the “Contact Us” section.
In order to reach us for any purpose described in this Policy, please contact us at one of the following (below) and include your name, mailing address and email address in your correspondence to us:
Better Earth, Inc.
ATTN: Data Privacy Administrator
16720 Marquardt Avenue
Cerritos, CA 90703
Email: [email protected]
Better Earth (not its directors, officers, employees, or other agents, in their individual capacities) is solely responsible for all content and information provided via the Digital Services.
© 2023 Better Earth, Inc. All rights reserved.