Terms of Use – Privacy Policy

Terms of use

Last Modified: Nov 20, 2024

PLEASE READ THESE TERMS AND CONDITIONS. BY USING herecomesthesolar.net , YOU AGREE TO ABIDE BY THIS AGREEMENT.

Mobile Terms of Service

Here Comes The Solar offers complimentary SMS text messaging services to communicate with you regarding our services and offers. This includes, but is not limited to: appointment scheduling and confirmation; response to a quote, estimate, or service inquiry; project scheduling and updates; feedback requests; and general follow up.

By consenting to Here Comes The Solar’ SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Here Comes The Solar through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information. Promotional messages may include promotions, specials, and other marketing offers.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Here Comes The Solar. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text “END” or “STOP” to the number in which you are receiving our messages or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

(1) Acceptance of the Terms and Conditions and any Modification hereafter.

To enhance the user experience on herecomesthesolar.net, we collect data about the visitor computer including operating system, web browser, java script enabling status, IP address, and referral URL. We may use this data to re-market our website to those visitors by launching advertising campaigns on reputable advertising companies.

(2) Modification to or Termination of Services.

You acknowledge and agree that we may modify or terminate the services provided on the Website and any of its features at any time or terminate your access to them without notice to you. You acknowledge and agree that we shall not be liable to you or any third party as a result of any such modification or termination. You may discontinue use of the Website at any time without notice to us.

(3) Privacy Policy.

Registration data and other information about you collected on the Website, which may include personally identifiable information you voluntarily submit, are subject to the Website’s Privacy Policy. The Privacy Policy can be found at https://herecomesthesolar.net/legal/privacy-policy/. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.

(4) The Website.

The Website is designed to help you locate information regarding home improvement projects and services. The Website also connects you with contractors and other providers who may be able to assist you with your home improvement projects and services. We own and retain all intellectual property rights in and to the Website.

(5) Links to Third-Party Websites.

Some information provided to you on the Website may contain links to information that resides on third-party websites not owned or controlled by us. Unless the link is to an article or content on another website owned by us, we do not claim ownership to the content on other websites you reach by clicking on a link from the Website. Your rights to such content will be regulated by the terms of those third-party websites. You acknowledge and agree that we are not responsible for any third-party content and that you must evaluate any such third-party content and bear all risks associated with any use of the content, including any reliance on the accuracy or completeness of the information.

(6) Use of the Website.

You may use the Website for your individual personal use and you agree that you will not reproduce, duplicate, copy, sell, trade or otherwise exploit the Website for any commercial purpose. You agree to access the Website through the interface provided by the Website using a standard web browser. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or the content thereon. Nor may you use any network monitoring, discovery software or other programs or methods to determine the Website architecture or to extract content from the Website or information about its usage or users.

Copyright Infringement. If you are a copyright owner or agent thereof and believe that content on the Website infringes upon your copyright, please submit notice, pursuant to the Copyright Protection Law of the defending party’s jurisdiction to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached By email: [email protected]

(7) Disclaimers.

ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER herecomesthesolar.net, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT: (A) THE WEBSITE OR CONTENT THEREON WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (C) THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; or (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

(8) Limitation of Liability

IN NO EVENT SHALL herecomesthesolar.net, OR ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS (“THE herecomesthesolar.net PARTIES”) BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS WEBSITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT herecomesthesolar.net OR ANY OF THE herecomesthesolar.net PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. herecomesthesolar.net’S AND THE herecomesthesolar.net PARTIES’ COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE OR SERVICES PROVIDED ON THE WEBSITE, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, herecomesthesolar.net’S AND THE herecomesthesolar.net PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

(9) Indemnity.

You agree to defend, indemnify and hold harmless Here Comes The Solar and its directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned on the Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or the services and the content thereon or your breach of this Agreement.

(10) Choice of Law.

This Agreement shall be regulated by and construed under the laws of the defending party’s jurisdiction without giving effect to its conflict of laws principles. You and herecomesthesolar.net hereby submit to the exclusive forum, jurisdiction and venue of the courts located in defending party’s jurisdiction for any claim related to, arising from or in connection with this Agreement and/or your use of the Website.

(11) Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Web technology information: This may be personal or non-personal information and collected by us or third parties under contract with us. We use two third party services: ActiveProspect’s TrustedForm Script is used to independently document users’ consent to be contacted. The TrustedForm Script is embedded on this website and collects the following information when you interact with the page(s) where the script is present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the TrustedForm Script was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser. For more information about ActiveProspect’s data use and collection policies and practices, please review the ActiveProspect Privacy Policy, located at ActiveProspect. Similarly, we utilize Jornaya’s LeadiD script which is embedded on this website and also collects information such as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, IP address and number of clicks and tracks users’ movements around the site (including the capture of visual snapshots of the user’s activity on the site). To review Jornaya’s data use and collection policies and practices, please visit: Jornaya. The information collected from this technology is combined with other aggregate data to issue a unique identifier for that site visit.

Agreement to Arbitrate

(a) Here Comes The Solar and you agree to arbitrate any and all disputes and claims between us arising out of or relating to these Terms of Use, our Privacy Policy, or use of the sites, via the sites or through a mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. These terms to arbitrate are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction.

This agreement to arbitrate otherwise includes, but is not limited to claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms of Use.

For purposes of this arbitration provision, references to ” herecomesthesolar.net,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the sites.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms of Use, including this agreement to arbitrate, you and herecomesthesolar.net are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of these Terms of Use or your relationship with herecomesthesolar.net for any reason.

(b) A party who intends to seek arbitration must first send to the other, by electronic mail, a written Notice of Dispute (“Dispute Notice”). The Notice to herecomesthesolar.net should be addressed to the following email address (“Dispute Notice Address”):

Here Comes The Solar
[email protected]

Attention: Legal Department
The Dispute Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from herecomesthesolar.net (“Demand”). If herecomesthesolar.net and you do not reach an agreement to resolve the claim within 30 days after the Dispute Notice is received, you or herecomesthesolar.net may commence an arbitration proceeding.

(c) After herecomesthesolar.net receives notice at the Dispute Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms Of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.

All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as other terms and conditions of these Terms of Use, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these Terms of Use, including, but not limited to any claim that all or any part of this arbitration provision or these Terms of Use are void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms of Use permit class or representative proceeding. For the avoidance of doubt, the court and arbitrator shall be bound by these Terms of Use, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless herecomesthesolar.net and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your permanent residence. Case management and other hearings shall be heard via telephone unless agreed to otherwise. Except as otherwise provided for herein, herecomesthesolar.net will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse herecomesthesolar.net for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.

(e) YOU AND herecomesthesolar.net AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.

(f) Notwithstanding any provision in these Terms of Use to the contrary, we agree that if herecomesthesolar.net makes any change to this arbitration provision (other than a change to the Dispute Notice Address) after your enrollment in a service or program or your use of the herecomesthesolar.net Sites, you may reject any such change and require herecomesthesolar.net to adhere to the language in this arbitration provision as written at the time you initially requested or received any services from us if a dispute between us arises, by providing Notice to herecomesthesolar.net at the Dispute Notice Address in subsection (b) above.

Last Modified: Nov 20, 2024

Privacy Policy

Last Modified: Nov 20, 2024

This Privacy Policy (“Policy”) of Here Comes The Solar owner and operator of herecomesthesolar.net (“Website,” “us,” “our,” or “we”), which will always be at https://herecomesthesolar.net/privacy-policy/ is intended to help you understand our privacy practices and how we collect, use, disclose and process your personal information. We also describe your rights and choices with respect to how we process your personal information. This Policy applies to www.herecomesthesolar.net, and all other websites and domains on which a link to this Policy appears (including all subdomains, collectively the “Site(s)”). This Policy does not apply to any other websites owned or operated by Here Comes The Solar that do not link to this Policy, terms for which are included with those sites individually. We have a “data controller” or direct relationship with all individuals accessing the Sites, submitting personal information via the Sites for any reason, or calling any phone number posted on our Sites

ACCEPTANCE:

Any entity accessing the Sites (“you”) represents and warrants that you accept the data practices and terms described in this Policy. If you do not agree with this Policy, please discontinue your use of the Sites immediately.

CHANGES TO THIS POLICY:

We may revise this Policy from time to time and without prior notice to you. Except as otherwise noted in this Policy, such changes may apply to any personal information we already hold about you or personal information collected after the Policy is modified. Changes will be posted on this page and are effective as of the “Last Modified” date at the top of this Policy. Please visit this page regularly so that you are aware of our latest updates. Continuing to access or use this Site after any changes become effective indicates your acceptance of the revised Policy.

In addition, we may provide you with “just-in-time” disclosures or additional information about the data processing practices of specific parts of our Site. Such notices may supplement this Policy or provide you with additional choices about how we process your personal information.

THIRD PARTIES:

This Policy does not apply to information processed by third parties, for example, when you visit a third party website or interact with third party services including those you may access by following a link from the Sites or those with whom we may share information as set forth in this Policy. Please review any third parties’ privacy policies before disclosing information to them.

When you call a number posted on the Sites or otherwise submit an inquiry for an estimate, quote or service, we share this information with our network of Partners (each, a “Partner”), who pay us to provide this service, to enable them to match you with contractors (“Contractors” or each, a “Contractor”) who can provide you with estimates and other information related to your inquiry. Our terms of service require that Partners utilize Personal Data in accordance with all applicable local, state and federal laws, rules and regulations. Note that any Personal Data transferred to our Partners or Contractors as part of our services is no longer under our control. Each Partner and Contractor has its own Privacy Policy, and you should contact those Partners and Contractors directly regarding their use of your Personal Data.

PERSONAL INFORMATION:

“Personal Data” means any information about an identified or identifiable individual and any performance, log and cookie information that may be linked with an identifiable individual. We collect and process the following types of information. Note: Specific Personal Data elements listed in example are provided for example only and may change. We may create anonymous records from Personal Data for certain business purposes of ours, of our Partners and of our Affiliates as defined below. Any information that is anonymized or aggregated is no longer Personal Data and we may indefinitely use it, share it and retain it for any reason.

“Contact Data”: Personal Data about you used to contact you. For example: your name, company name, title, email address, physical address, phone number, and/or username. “Performance & Log Data”: Information created by your use of our Sites. For example: your IP address, browser type, operating system, command line information, diagnostic information related to the Site (i.e. crash activity reports), the referring webpage, pages visited, date, your geo-location, your mobile carrier, your device and application IDs and search terms. Note that Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.

“Cookies”: A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by a software application. In some cases, Cookies and similar automated data collection technologies may be used to collect personal information, or information that becomes personal information if we combine it with other information.

“Web Pixels”: A web pixel is small HTML code snippet which is loaded when a user visits a website or opens an email. It is used for tracking user behavior on our Sites such as referring sites and form submissions. In some cases, Web Pixels may be used to collect personal information, or information that becomes Personal Data if we combine it with other information.

“Other Data”: Any other information that an individual provides to us. For example: survey responses, blog comments, or other communication submitted to us.

COLLECTION AND PROCESSING:

We collect your Personal Data through our Sites and over the phone when you call an inquiry number listed on our Sites. Our Sites are public, any information that is disclosed on our Sites may appear on search engines, or other publicly available platforms and may be “crawled,” searched and used by unaffiliated third parties. Please do not post any information that you do not want to reveal publicly and please do not call us from any phone number you do not give us permission to utilize and share as provided below.

Quote Requests: When you submit a request for an estimate, quote or other information through our Sites, we may use your Personal Data to match your request with a Partner or Contractor in our network. Our “Partner Network” is a collection of Partners that have networks of local Contractors to provide home services.

Customer Service: When you contact us through the Sites, including submitting a “contact us” or other online inquiry form, subscribing to a newsletter or blog, downloading a whitepaper or other informational document, entering a contest, registering for a demo or webinar, completing an online survey or any other means, we may record your Contact Data in our customer relationship management system and use your Personal Data to respond to you, or provide this information to a Partner so that the Partner or Contractor may respond to you. If you provide a mobile phone number to us, you are explicitly allowing us and our Partners and Contractors permission to send text messages to that number to respond to your request and to contact you at that number via an auto-dialer or with a recorded message, which we may do at our discretion.

Marketing: We may use your Personal Data to keep you updated about our products and services and send you promotional material about herecomesthesolar.net and participating Partners and as permitted by applicable law, on behalf of our parent company, affiliates, subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”) and partner companies. Promotional materials may include marketing communications, online surveys, notifications regarding our events and webinars and those of our Partners, Contractors, Affiliates and other third-party partners. If you provide a mobile phone number to us, you are explicitly allowing us and our Partners and Contractors permission to send text messages, recorded messages, and/or use an auto-dialer to contact that number for marketing and promotional purposes, which we or our Partners and Contractors may do at our discretion. You may opt-out of our marketing communications at any time.

Cookies & Similar Tech: When you access the Sites or open one of our HTML emails, we may automatically record Performance & Log Data by using Cookies, Web Pixels, web beacons, click-stream tracking and similar automated data collection technologies. We use this Personal Data for essential and functional purposes including for site administration, to improve the performance and usability of the Sites, and analyze how users interact with the Sites. On certain portions of our Sites, we may collect Personal Data through these technologies for advertising, remarketing or other similar purposes.

Security: We process your Personal Data to enhance the security of our Sites and to combat spam, malware or other security risks. This may include monitoring your activities on our Sites. Without processing your Personal Data for such purposes, we may not be able to ensure the security of our Sites.

Additional Processing: If we process Personal Data in connection with your use of the Sites in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights and Choices) unless otherwise stated when you provide it.

SHARING:

Information we collect may be shared with a variety of parties depending upon the purpose for and context in which that information was provided. In all cases where we share Personal Data with third party service providers acting on our behalf, we will use a “minimum necessary” standard to disclose only that information required for satisfying the purpose of or performing the service for which the information is disclosed. We generally transfer Personal Data according to the following:

Consent: We will share your Personal Data in accordance with your consent for us to do so. By submitting any Personal Data via our Sites or by calling a number published on our Sites you are providing consent for us to share your Personal Data with Partners in our Partner Network, and for those Partners to share your Personal Data with Contractors.

Partner Network: When you submit a request for a quote, we may share your Personal Data with Partners in our Partner Network who pay us to provide this service. Our Partners may use your Personal Data to connect you with a Contractor to assist you with your home services project and may share your Personal Data with such Contractor in order to contact you to offer its services. If you provide a mobile phone number to us you are explicitly allowing us, and any Partner or Contractor with whom you are matched by our service, permission to call and send text messages to that number to respond to your request and to contact you at that number via phone call, text message, an auto-dialer or recorded message, which we or our Partners or Contractors may do at our discretion. Note that Partners and Contractors are third parties. Any Personal Data transferred to a Partner or Contractor as part of our services, is no longer under our control and is subject to the privacy policies of such Partner or Contractor.

Service Providers: In connection with our general business operations, to enable certain features, and in connection with our other legitimate business interests, we may share your Personal Data with service providers or sub-processors who provide certain services or process data on our behalf. Our contracts with these service providers dictate that they only use your information in connection with the services they perform for us and you consent to our sharing of information with these parties by using our Sites subject to this Policy.

Affiliates: In order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future Affiliates. You hereby agree to our sharing some or all of your information and Personal Data with our Affiliates.

Third-Party Partners: When you complete an online inquiry form to which you were referred by a third-party partner, any information collected through an online inquiry form hosted on the Sites may be shared with the referring third party partner. We may share your Personal Data with third parties for marketing or adverting purposes, as permitted by law. For example, when you sign up for a webinar co-hosted by us and a third-party partner, we may share your Personal Data with the third-party partner. Third party partners may use your Personal Data for their own purposes subject to their own privacy policies.

Business Transactions: Your Personal Data may be processed in the event of a business transaction, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction or may part of the assets transferred, in such case the acquiring company will possess any rights given to us under this Policy.

Legal Disclosures: In limited circumstances, we may without notice to you or your consent, access and disclose your Personal Data any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, or in the vital interests of us or any person. Note, these disclosures do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

RETENTION:

We retain Personal Data for so long as necessary to service the purpose(s) for which your Personal Data was processed and for a reasonable time thereafter, or as necessary to comply with our legal obligations, to resolve disputes or enforce our agreements. While retention requirements can vary by jurisdiction, we generally apply the retention periods noted below:

Site Activity: We may store any information about your activity on our Sites or any Other Data created, posted or shared by you on our Sites for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.

Marketing: We store information used for marketing purposes indefinitely until you unsubscribe. When you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.

Cookie Data: We retain any information collected via cookies, clear gifs, flash cookies, webpage counters and other technical or analytics tools up to one year from the expiry of the cookie or date of collection. Cookies owned by third parties may have other retention periods.

Call Recording: As required by applicable law, we will inform you that a call will be recorded before doing so. Any recorded telephone calls with you may be retained for a period of up to six years.

Note that any Personal Data transferred to our Partners or Contractors as part of our services is no longer under our control. While our terms of service require that Partners and Contractors utilize Personal Data in accordance with all applicable local, state and federal laws, rules and regulations, each Partner and Contractor has its own data retention policy. You should contact those Partners or Contractors directly regarding their retention of your Personal Data.

YOUR RIGHTS AND CHOICES:

Rights: You have the following rights in your Personal Data, in each case to the extent required/permitted under applicable law, and subject to our rights to limit or deny access or disclosure under applicable law.

Access: You may request a list of your Personal Data that we process by submitting an official request in writing via email to address provided below.

Rectification: You may correct any Personal Data that we hold about you by emailing us at the address provided below and indicating both the inaccurate and corrected information.

Erasure: You may request that we delete your Personal Data from our systems once per year by making an official request in writing via email to the address provided below and indicating the specific information you would like permanently deleted from our systems.

Data Export: You may request a copy of your Personal Data in a common portable format of our choice by submitting an official request in writing via email to the address provided below.

We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity. We also reserve the right to retain certain account information for our recordkeeping or compliance purposes.

Note that any Personal Data transferred to our Partners or Contractors as part of our services is no longer under our control. Our terms of service require that Partners and Contractors utilize Personal Data in accordance with all applicable local, state and federal laws, rules and regulations. Each Partner and Contractor has its own policies and procedures for you to exercise your rights. You should contact those Partners and Contractors directly regarding exercising your rights regarding your Personal Data.

Choices:

It is possible for you to access and use the Sites without providing any Personal Data, but you may not be able to access certain features or view certain content and some portions of the Sites may not function properly. You have the following choices regarding Personal Data we process:

Consent: If you consent to processing you may withdraw your consent at any time to the extent required by law.

Opt-Out: Any communications from us that are not service-related or transactional in nature will offer you an “unsubscribe” option. You may opt-out of receiving marketing communications from us by following the opt-out instructions included in such communications or contacting us at the email provided below. It may take up to 30 days for us to process an opt-out request. We may send you other types of transactional and relationship email communications including service announcements, administrative notices, and surveys, without offering you the opportunity to opt-out of receiving them. To the extent required by law, you may choose to opt-out of sharing Personal Data with third parties. Note that any Personal Data transferred to our Partners and Contractors as part of our services is no longer under our control. Our terms of service require that Partners utilize Personal Data in accordance with all applicable local, state and federal laws, rules and regulations. Each Partner and Contractor has its own opt-out procedures, and you should contact those Partners and Contractors directly regarding their opt-out policies and procedures.

Telemarketing: We have adopted and adhere to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and state laws/regulations. If you do not want to receive non-informational calls from us, you can ask us to place your telephone number(s) on our internal Do Not Call List by emailing us at the contact information provided below. Your request must include, at minimum, your telephone number and name. If you have multiple telephone numbers, please be sure to include all numbers that you would like included on our Do Not Call List in your request. Any phone call, e-mail or any other form of communication used to confirm receipt of your Do Not Call request will not be deemed to have violated this Policy. Your request will be honored within thirty days of the request in compliance with federal and state laws. Note that any phone information transferred to our Partners or Contractors as part of our services is no longer under our control. While our terms of service require that our Partners and Contractors utilize this contact information in accordance with all applicable local, state, and federal laws, rules, and regulations including TCPA, each Partner and Contractor has its own Do Not Call List and you must contact each Partner and Contractor individually to be placed on their internal Do Not Call Lists.

Cookies: If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu or by using a variety of tools.

You can visit the Google Ads Settings page here. You can use the Google Analytics Opt Out Browser add on. Digital Advertising Alliance’s opt-out page here allows you to opt out from receiving third party advertiser cookies and Web Pixels. You can visit the Network Advertising Initiative opt-out page here. You can control Facebook’s use of interest-based ads through your Facebook account settings or can visit the customer support page here. To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org. As there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS:

This Privacy Notice for California Residents (“Notice”) supplements the information contained in the other sections of this Policy and only applies to consumer users of our Sites that are residents of the State of California (“Consumer(s)” and in this Section “you” and “your”). We have adopted the terms of this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and its related regulations. Terms used in this Notice have the same meanings as defined in the CCPA.

Collection of Personal Information:

We collect Personal Information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual Consumer, household, or device. We have collected the following categories of Personal Information from Consumers within the last twelve months:

The following examples are taken directly from the CCPA, where we indicate that a category is collected, we collect at least one of the example items from each category.

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly and indirectly from activity on our Sites. For example, from customer submissions through our website or customer usage details collected automatically.
• Directly from consumers accessing our Sites and utilizing our services. For example, from phone calls made to us, emails sent to us, and form data submitted to us from Sites.
• From third parties. For example, Google and Facebook.

Sharing of Personal Information:

Personal Information we collect may be shared with service providers who provide certain services on our behalf, including but not limited to identity verification, fraud prevention, business intelligence, customer relationship management, bill collection, payment processing, marketing, hosting, and other common technology services. Our contracts with these service providers dictate that they only use Consumer information in connection with the services they perform for us and you consent to our sharing of information with these parties by using our Sites subject to this Policy.

In the preceding twelve months we have disclosed the following categories of Personal Information to our third-party service providers for a business purpose:

• Category A: Identifiers
• Category B: California Consumer personal information
• Category D: California Consumer commercial information
• Category F: California Consumer internet or other similar network activity
• Category G: California Consumer geolocation data
• Category K: Inferences drawn from other personal information

We disclose Consumer Personal Information for our business purposes to the following categories of third parties:

• Our Affiliates. For example, sharing information with companies under common control with us.
• Service Providers. For example, sharing information with an email marketing service provider.
• Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or services we provide to you. For example, providing tools which allow a customer to contact home remodeling vendors in their local area.

In the preceding twelve months we have sold the following categories of Personal Information to Partners and/or Contractors:

• Category A: Identifiers
• Category B: California Consumer personal information
• Category D: California Consumer commercial information
• Category F: California Consumer internet or other similar network activity
• Category G: California Consumer geolocation data
• Category K: Inferences drawn from other personal information

Exercising your rights to access certain information, data portability, and deletion:

The CCPA provides Consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights via a Verifiable Consumer Request.

“Verifiable Consumer Request”: means a request that:

• is submitted to the contact information provided below;
• is made by you or your authorized representative on your behalf, or by you on behalf of your minor child;
• is made only twice within a twelve-month period;
• provides sufficient information for us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative of such person; and
• describes your request with sufficient detail to properly understand, evaluate, and responds to your request.

We are unable to respond to requests when we cannot verify your identity or authority to make the request. Personal Information provided in a Verifiable Consumer Request will only be used to verify the requestor’s identity or authority to make the request and to comply with the request. You are not required to create an account with us to submit a Verifiable Consumer Request. We can only honor and respond to Verifiable Consumer Requests related to data that we hold directly in our systems. Personal Information shared with or sold to Partners, Contractors, or other third parties is subject to their Verifiable Consumer Request process and such request should be submitted directly to those Partners, Contractors, and third parties.

Access and Data Portability:

Upon receipt of a Verifiable Consumer Request we will disclose the following information

• The categories of Personal Information we collected about you;
• The categories of sources of the Personal Information we collected about you;
• The categories of third parties with whom we shared your Personal Information;
• Our business or commercial purpose for collecting or selling your Personal Information;
• The specific pieces of Personal Information we collected about you (also referred to as a Data Portability Request);
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the categories of Personal Information that each category of third party purchased;
  • Disclosures for a business purpose, identifying the categories of Personal Information that each category of third party received.

Personal Information is retained by us for various time periods, we may not be able to fully respond to what might be relevant for the twelve months prior to receipt of the Verifiable Consumer Request.

California Civil Code Section 1798.83 entitles Consumers to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. Consumers who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us using the Contact Information below.

Deletion Requests: The CCPA provides Consumers with the right to request that we delete any Personal Information that we collected about you, subject to certain exceptions. Upon receipt and confirmation of your Verifiable Consumer Request we will delete your Personal Information from our records, unless an exception applies, and direct our service providers to similarly delete your Personal Information from their records.

In addition to submitting a Verifiable Consumer Request, requests to delete your Personal Information can be made by submitting this form.

Personal Information Sales Opt-Out and Opt-In Rights:

The CCPA provides Consumers the right to opt-out of the sale of Personal Information about their or their household, for example their name, postal or email address, and other personally identifying information. You need not be physically present in California exercise this right, provided that you have a current California residence. This right is subject to certain exemptions. For example, it does not apply to information that we share with certain third-party service providers that are performing business functions for us or on our behalf.

To exercise the right to opt-out, you, or your authorized representative, may submit an opt-out request to us using this form, or by emailing or calling us at the contact information provided below. You are not required to create an account with us to submit an opt-out request. Personal Information provided in an opt-out request will only be used to verify the requestor’s identity or authority to make the request and to comply with the request.

Following the fulfillment of your opt-out request, we will wait at least twelve months before asking you to reauthorize Personal Information sales. However, you may opt-in to Personal Information sales at any time, by contacting us using any method in the Contact Information section.

Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA: we will not deny you goods or services; charge you different prices or rates for goods or services, including through allowing discounts or other benefits, or imposing penalties; provide you a different level or quality of good or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

SECURITY:

We have implemented reasonable security measures designed to secure your Personal Data from accidental loss, unauthorized access, use, alteration and disclosure, however we do not provide any guarantee that your Personal Data will remain secure. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites. All information you provide to us is stored on our service providers’ servers which utilize industry standard security controls; however, we do not have control over and will not be liable for third parties’ security processes. Any transmission of information or Personal Data is at your own risk

MINORS:

Our services are neither directed at nor intended for direct use by individuals under the age of 18 or the age of majority in the jurisdiction where they reside. Further we do not intentionally gather information about such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Sites if you are not the age of majority in your jurisdiction unless you have the consent of your parent or guardian.

INTERNATIONAL TRANSFERS:

We operate in the United States. Our Sites may be accessed from anywhere, and users outside of our target United States markets may submit their Personal Data to us via forms, comment fields, or other input mechanisms. If you are accessing the Sites from outside the United States, or submitting your Personal Data to us from outside the United States, your Personal Data may be transferred to, stored, or processed in the United States and maintained on computers or servers located outside of your state, province, country, or other jurisdiction where the privacy laws may not be as protective those in your jurisdiction. By accessing our Sites, you understand and consent to the transfer of your information to the United States and to those third parties with whom we share it as described in this Policy, whether or not we can currently serve your jurisdiction.

Web technology information: This may be personal or non-personal information and collected by us or third parties under contract with us. We use two third party services: ActiveProspect’s TrustedForm Script is used to independently document users’ consent to be contacted. The TrustedForm Script is embedded on this website and collects the following information when you interact with the page(s) where the script is present: page URL, mouse movements and clicks, contact information inputted by the user, a snapshot of the page, including IP address of the user’s computer, time on the page, date and time that the TrustedForm Script was loaded, as well as the date and time of the various user interactions with the page, and HTTP headers from the user’s browser. For more information about ActiveProspect’s data use and collection policies and practices, please review the ActiveProspect Privacy Policy, located at ActiveProspect. Similarly, we utilize Jornaya’s LeadiD script which is embedded on this website and also collects information such as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, IP address and number of clicks and tracks users’ movements around the site (including the capture of visual snapshots of the user’s activity on the site). To review Jornaya’s data use and collection policies and practices, please visit: Jornaya. The information collected from this technology is combined with other aggregate data to issue a unique identifier for that site visit.

CONTACT INFORMATION:

herecomesthesolar.net
Email: [email protected]
Opt-out: [email protected]
Opt-out link: Click Here

Last Modified: Nov 20, 2024