Effective Date: August 7, 2015
Your Consent to Communications:
By providing your contact information to us, you consent to receive email messages, text messages, phone calls, faxes and postal mail, including that of a promotional nature, from the Sunnova Group at the contact information you provide. Messages may be about the status of your account, billing, maintenance and service requests, and our promotional offerings. You are not required to provide consent in order to purchase property, goods or services from us. You represent that you are legally competent and have legal authority to form a contract and provide this consent with respect to the contact information you provide. You may not consent on behalf of someone else or provide someone else’s contact information. We will obtain the date, time and content of your messages to us; and may retain or destroy such communications in accordance with the Sunnova Group’s applicable data retention policy.
You may elect to no longer receive promotional communications, and any communications to your mobile device, by contacting us at email@example.com or using the unsubscribe link at the bottom of each email message.
If we believe that the security of your personal information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as practicable under the circumstances. If we have your email address, we will notify you by email. You consent to our use of email as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please email us at firstname.lastname@example.org.
Reasons We Collect Your Information:
We collect your personal information because it helps us deliver a superior level of customer service, is necessary to fulfill requests for information or to provide requested services, and assists in the management of our business. We use your personal information to provide our services and to improve those services and our Website, to tell you about offers we think you may value, to customize the content you see, and to conduct market research, which we may describe when we collect the information and, in certain cases, request your consent.
Information Collected Through Use of Our Website:
The information we gather through our Website falls into three categories: (1) information you voluntarily supply to us when you request information about an offering, initiate transactions, make a purchase, request support, participate in promotions or surveys, submit comments or questions or otherwise communicate with us or third parties who assist us in operating our Website, conducting our business, or servicing you (“Third Parties”), (2) information about your solar system and your generation or use of power and (3) information collected automatically as you use our Website.
Registration and Other Personally Identifying Information.
Personal Information is information that can be used to identify you as an individual or allow someone to contact you. We may collect Personal Information about you when you register to use certain features of our Website, subscribe to a newsletter, fill out a form or otherwise enter information on our Website. When you do so, we may collect Personal Information, including your name, postal address, email address, phone number, location, your utility company, the type of home you own, whether you rent or own your home, any co-owners or co-tenants of your home, your past and present energy usage, username and password, reminder questions and answers and communication preferences, such as which newsletters you would like to receive. In addition, when you request certain offerings we make available, we may need to check your credit history, which means we may request your social security number and date of birth. Finally, if you purchase certain products or services from us, we may collect information regarding energy you generate and use, your credit card or other payment information, employment and income information and/or your financial account status and balance.
If you purchase certain products or services from us, we may collect information about your solar system and the electricity usage in your home. This information may include:
Information Collected Automatically When You Use the Website.
The Sunnova Group or Third Parties may collect certain information automatically when you use our Website, including but not limited to:
Personalization and Tracking Technologies.
Like most website and mobile application operators, we, or Third Parties, use embedded scripts, "cookies", web beacons and other tracking technologies to operate, analyze and improve our Website and tailor content and advertising to user interests. Third Parties and other companies involved in the delivery of advertisements you see on our Website and other websites also may use tracking technologies to collect information about your use of our Website.
You may be able to set your browser to accept or reject most cookies, or to notify you when a cookie is set. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.) It is up to you to decide whether to allow us or Third Parties to set cookies, but if you block cookies, you may not be able to view or access some of the features of our Website. However, you can still create an account. Please be aware that certain browsers cannot block or delete so-called "Flash" cookies, which use a feature of the Adobe Flash video player to store information on your computer. For information about how to delete Flash cookies, please visit the Adobe website.
Ad Serving Technologies.
Web Beacons and Other Tracking Technologies.
Web beacons (sometimes called "transparent GIFs," "clear GIFs," or "pixel tags") are small strings of code that embed a small graphic image (usually invisible) on a web page or in an email or advertisement. When your browser downloads a web beacon, the server that sends the corresponding image to your browser can recognize and store certain types of information such as cookies previously set, the time and date that you viewed the page embedded with the beacon and a description of that page.
Information We May Obtain From Other Sources:
We may combine any information collected through our Website with other information that we obtain about you, your computer, and/or device from other companies and sources, including Third Parties and public databases. The following are examples of information we may collect from other sources:
How We Use The Information We Collect:
Our primary goals in collecting information are to provide you with our products and services, answer your questions, provide support and customize your experience when using our Website to make it more valuable to you. We only use payment and identity verification information as necessary to complete a particular transaction, including processing payment, providing a requested service, enforcing legal rights or complying with applicable law.
In addition, we and Third Parties generally use other information that we or they collect about you to:
How We Disclose Information:
Except as otherwise expressly noted herein or on our Website, we may share any personal information collected through our Website with Third Parties who may market related products and services that we believe may interest you. We may share your personal information:
We will not publicly post or publicly display in any manner your social security number (a) unless authorized or required to do so by specific or federal state law or regulation or (b) for internal verification or administrative purposes. We may disclose your social security number to Third Parties who obtain your credit history for us, help us collect unpaid amounts due, and extend credit to you.
Your non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses without notice.
Legal Compliance, Business Transfers and Other Disclosures.
Notwithstanding anything to the contrary stated herein or on our Website, we may occasionally release information about users of our Website when we deem such release appropriate to comply with law, respond to compulsory process or law enforcement requests, or protect the rights, property or safety of our customers or prospective customers, the public, the Sunnova Group or any third party. Over time, we may reorganize or transfer various assets and lines of business. Notwithstanding anything to the contrary stated herein or on our Website, we reserve the right to disclose or transfer any information we collect to third parties in connection with any proposed or actual purchase, sale, lease, merger, foreclosure, liquidation, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of the Sunnova Group.
When you speak with our customer service call center, your calls may be recorded for quality assurance, training, and verification purposes. By speaking with our call center, you consent to this.
Your Opt-Out Choices:
You have the right to limit some, but not all, sharing of certain personal information by Sunnova.com. You have the right to prevent the specific Sunnova Group entity from whom you obtain directly our products and services and/or to whom you have provided directly personal information from sharing your personal information, directly or through any affiliate, with nonaffiliate third parties:
Our “affiliates” include all entities within the Sunnova Group other than the specific Sunnova Group entity from whom you obtain directly our products and services and/or to whom you have provided directly personal information. “Nonaffiliates” are companies not within the Sunnova Group; they may include both financial and nonfinancial companies.
To exercise your rights under this Section and limit our ability to share your personal information:
To opt out of our use of your online viewing behavior data to serve interest-based advertising on third-party websites and email newsletters, visit this page. Note that you must opt-out separately from each computer or device and browser that you use to access our Website and if you clear your cookies, you will need to repeat the opt-out process.
Do Not Track.
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
How to Correct or Update Your Information:
Sunnova.com provides you with the ability to access and edit certain personal information that you have provided to us through our Website. To update this information, please visit the ["My Account" area] or comparable feature of the Website.
How We Protect Information:
The Sunnova Group uses commercially reasonable procedures to protect the personal information that we collect from you against loss, theft and misuse, as well as unauthorized access, disclosure, alteration and destruction. We have developed and implemented and continue to maintain and monitor a written information security program applicable to all records containing personal information. This security program is appropriate to the size, scope and type of our business, the resources available to us, the amount of stored data and the need for security and confidentiality of the personal information we store. Our Website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as commercially practicable. We use regular Malware Scanning.
No security system is impenetrable. We cannot guarantee the security of our databases or the security during transmission to us of the information you supply over the Internet. You can help us by taking precautions to protect your personal information when you are on the Internet. Change your passwords often using a combination of letters and numbers and make sure to use a secure web browser.
Children Under 13:
The Sunnova Group cares about protecting the privacy of children. We will not specifically market to or knowingly collect personal information from children under 13 for marketing purposes. Because some information is collected online, it may not appear to be the personal information of a child under 13. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you are under 13, please do not register for any of our services or provide us any information about yourself (such as your name, email address or phone number).
California Online Privacy Protection Act
See “Your Opt-Out Choices” and “How to Correct or Update Your Information” above for a description of the process maintained by the Company for an individual consumer who uses our Website to review and request changes to any of his or her personally identifiable information that is collected through our website.
See more about the California Act at: https://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf.
Your California Privacy Rights:
Your CAN SPAM Act Rights:
The CAN-SPAM Act sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to prevent receipt of emails, and spells out penalties for violations.
Reasons We Collect Your Email Address.
We collect your email address in order to:
We agree to the following with respect to our use of your email address:
Your Rights Under CAN-SPAM.
You can unsubscribe from receiving future emails by following the instructions at the bottom of each email you receive from us. We will promptly remove you from all correspondence.
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
We agree that any dispute, claim or disagreement between us (a “Dispute”) shall be resolved exclusively by arbitration.
The arbitration, including the selecting of the arbitrator, will be administered by the American Arbitration Association (“AAA”), under its Commercial Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. The arbitration will be governed by the Federal Arbitration Act (Title 9 of the U.S. Code). Either party may initiate the arbitration process by filing the necessary forms with AAA. To learn more about arbitration, you can call any AAA office or review the materials at www.adr.org. The arbitration shall be held in the location that is closest to your home.
If you initiate the arbitration, you will be required to pay all of the filing fees and all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own attorney’s fees and costs except that: (A) you are entitled to recover your attorney’s fees and costs from Sunnova if you prevail in the arbitration and the award you receive from the arbitrator is higher than Sunnova’s last written settlement offer; and (B) Sunnova is entitled to recover its attorney’s fees and costs from you if it prevails in the arbitration or if the award you receive from the arbitrator is equal to or less than Sunnova’s last written settlement offer. When determining whether your award is higher, equal to or lower than Sunnova’s last written settlement offer your attorney’s fees and costs will not be included.
Only Disputes involving you and Sunnova may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If either of us arbitrates a Dispute, neither of us, nor any other person, may pursue the Dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such Dispute be pursued on your or our behalf in any litigation in any court. Claims regarding any Dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. This means that the arbitration may not address disputes involving other persons with disputes similar to the Disputes between you and Sunnova.
BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS PROVIDED FOR IN THE LAST PARAGRAPH OF THIS SECTION, NEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
NOTWITHSTANDING THE FOREGOING, nothing herein contained shall bar the right of Sunnova to: (i) obtain injunctive relief from a court against threatened conduct that COULD cause it loss or damages, under the usual equity rules, including the applicable rules for obtaining restraining orders and preliminary injunctions; or (II) obtain A judgment from a court having jurisdiction confirming the award of the arbitrators.
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Houston, Texas 77046