Effective Date: December 22, 2017
Although Cypress Creek Renewables does not look for or respond to "do not track" signals, you can find information on tracking technologies in Section 8-A, and certain choice options regarding Tracking Technologies in Section 8-A;
Your options regarding accessing and changing certain of your Personal Account Data are available in Section 7;
Your options regarding promotional communications are explained in Section 8-C;
Cypress Creek Renewables' policies and practices regarding Personal Information collected from children are explained in Section 6; and
Cypress Creek Renewables does not currently service or solicit consumers in California, however, California residents have certain privacy rights detailed in Section 11.
Collection of Information
Cypress Creek Renewables may ask you to provide Personal Information (e.g., name, address, e-mail, phone number, etc.), as well as other information (e.g., property size, etc.). Section 1-A ;
Cypress Creek Renewables obtains Utility Account Data about its customers from their utilities. Section 1-A;
Cypress Creek Renewables and third parties may collect information from you automatically as you access the Online Services (e.g., information about the devices you use to access the Online Services and your usage activities). Section 1-B;
The information Cypress Creek Renewables receives via the Service may be combined with information Cypress Creek Renewables receives from third parties and sources outside of the Service. Section 1-C
Use of Information
Sharing of Information
to interact with our customers' utility services in connection with their solar generation and credits and related matters;
deliver and improve Cypress Creek Renewables' products and services;
for Cypress Creek Renewables' and third party marketing and other purposes;
to financial investors in connection with financings;
in connection with corporate transactions (e.g., merger or sale); and
in connection with your use of third-party services via the Service. Section 4; and
Cypress Creek Renewables may share your non-Personal Information, aggregate and/or de-identified information about you except as prohibited by applicable law.
Questions and How to Contact Cypress Creek Renewables
Cypress Creek Renewables
3250 Ocean Park Boulevard, Suite 355,
Santa Monica, CA 90405
Attention: Legal Department
Table of Contents
1. INFORMATION WE COLLECT
A. Information about You that You Provide.
Cypress Creek Renewables, and/or its Service Providers (defined below), may collect information you provide directly to Cypress Creek Renewables and/or its Service Providers via or in connection with the Service. For example, Cypress Creek Renewables collects information when you use or register for the Service, subscribe to notifications, apply to qualify to become a customer, apply for or inquire about employment, or communicate or transact through or in connection with the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties. For more information on Third-Party Services' data collection and practices, see Section 4. For more information on Service Provider data collection and practices, see Section 1-C.
Information Cypress Creek Renewables, its Service Providers and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, address, full payment account number, and Social Security Number ("Personal Information"); and (2) demographic information, such as your age, zip code, property size, and your interest in our products and services ("Demographic Information"). With regard to Social Security Numbers, it is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their business functions.
In addition, if you apply to become, or become, a customer of our Customer Services, you consent to our collection of information about your utility account ("Utility Account Data") from your utility, and otherwise, which may include both Personal Information and utility account and usage data.
B. Information Collected Automatically.
Cypress Creek Renewables, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Online Services ("Site Usage Information"). Site Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Site Usage Information is combined by or on behalf of Cypress Creek Renewables with Cypress Creek Renewables Collected PI, Cypress Creek Renewables does not consider Site Usage Information (including, without limitation, unique device identifiers) to be Personal Information or Cypress Creek Renewables Collected PI. For more information on Third-Party Services' data collection and practices, see Section 4. For more information on Service Provider data collection and practices, see Section 1 and Section 2. For information on choices some of these third parties may offer you regarding automated data collection, see Section 8.
The methods that may be used on the Service to collect Site Usage Information include:
Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), embedded scripts, and other tracking technologies now and hereafter developed ("Tracking Technologies") may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior:
Web Beacons ("Tracking Pixels")
Web beacons are small graphic images, also known as "Internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Cypress Creek Renewables' web server, or from a third party with which Cypress Creek Renewables works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
Some information about your use of the Service and certain Third-Party Services may be collected using Tracking Technologies across time and services, and used by Cypress Creek Renewables and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third-Party Services. See Section 8 regarding certain choices regarding these activities.
Cypress Creek Renewables is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 8 so that your consent to encountering them is meaningfully informed.
C. Information Cypress Creek Renewables Collects From Other Sources.
D. Information from Consumer Reporting Agencies (Credit Bureaus) and Consumer Reports.
Consumer Reporting Agencies (CRAs) maintain sensitive personal financial and other information on millions of Americans and, because of the nature of the information, the Federal Fair Credit Reporting Act ("FCRA") strictly limits who can get access to the information, typically in the form of consumer reports, and what they can do with that information.
The FCRA permits a CRA to release a consumer report ("Credit Report") for certain permissible purposes, and no other. One of the main purposes is for a business that "intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer." Cypress Creek Renewables is a "creditor" who conducts credit transactions with customers that contract to purchase its Service for a price that is billed and then paid. Accordingly, Cypress Creek Renewables has a permissible purpose to obtain Personal Information and other information from a CRA on its customers, whether new or transferred from another provider.
Another broad permissible purpose is "in accordance with the written instructions of the consumer to whom it relates." Thus, a company who is not your creditor can obtain your Credit Report, but only with your clear written authorization, which may be by "electronic signature." We may also rely on this permissible purpose.
In its business with you, Cypress Creek Renewables may rely on an Independent Service Provider ("ISP"), an agent who performs multiple administrative tasks for Cypress Creek Renewables more efficiently that Cypress Creek Renewables could do them in-house. One of those tasks is to obtain Credit Reports to determine whether a consumer meets the eligibility criteria for Service and continues to meet them over time.
Because the ISP is purely acting as our agent in this regard, it cannot use any Personal Information that it receives from your Credit Report for its own purposes or for any purpose other than following the directions of its principal, Cypress Creek Renewables. And Cypress Creek Renewables in turn can use the information in the Credit Report only in connection with its creditor relationship with you, and it cannot furnish Personal Information from the Credit Report to any third party that does not have a permissible purpose under the FCRA except as you may consent. Failure to have and maintain a credit score at or above Cypress Creek Renewables' standard may be grounds for termination of your contract or to deny your original application.
It is important to understand that Cypress Creek Renewables can use some of its Personal Information about you for marketing and other purposes. That would be the Personal Information it obtains directly from you (Section A, above) or through other means (Sections B and C, above) than from a CRA. It is only Personal Information from a CRA that is strictly limited by the FCRA.
2. HOW WE USE THE INFORMATION WE OBTAIN.
Determine your eligibility to enroll in Cypress Creek Renewables' programs;
Contract with you for, and provide our solar management services to you;
Allow you to participate in the features we offer on the Service;
Facilitate, manage, personalize, and improve your Service experience;
Process your application and/or registration and manage your account;
Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
Cypress Creek Renewables' marketing and other purposes;
Improve the Service and for any other internal business purposes;
Tailor our content, advertisements, and offers;
Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so; and
Prevent and address fraud, breach of policies or terms, and threats or harm.
3. INFORMATION WE SHARE WITH THIRD PARTIES.
Cypress Creek Renewables may share non-Personal Information, and Personal Information that is not deemed Cypress Creek Renewables Collected PI hereunder (provided that Cypress Creek Renewables is aware of no restrictions of Cypress Creek Renewables' use, if any) with third parties for any purpose. However, Cypress Creek Renewables' sharing of Cypress Creek Renewables Collected PI, including Utility Account Data, that has not been de-identified, is subject to the following:
Marketing: Subject to your communications choices explained in Section 8-C, we may use your Personal Information to send you marketing communications. Subject to applicable law, we may also share your Personal Information with third parties for third party marketing purposes, including with our affiliates, service providers and in connection with Corporate Transactions; provided, however, that California residents have the rights detailed in Section 11 and Credit Reports are subject to the limitations set forth in Section 1-D.
Credit Reports: Except as permitted by applicable law or with your consent, we will not share Credit Reports with third parties; provided, however, that we may share de-identified Credit Report information with third parties such as our financiers and our ISPs have access to Credit Reports to perform services for us as discussed in Section 1-D.
Your Disclosure or Consent: As more fully described in Section 4 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Cypress Creek Renewables Collected Personal Information (as well as your other Personal Information and your non-Personal Information) with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third party data receipt and collection is subject to the privacy and business practices of that third party, not Cypress Creek Renewables.
Cypress Creek Renewables' agents, vendors, consultants, and other service providers (collectively "Service Providers") may receive, or be given access to your information, including, without limitation, Utility Account Data, Personal Information, Demographic Information, and Site Usage Information, in connection with their work on Cypress Creek Renewables' behalf. For more information on choices Service Providers may offer you, see Section 8. For information on consumer credit reports, see the "Credit Reports" subsection of Section 3.
To comply with the law, law enforcement or other legal process, and in response to a government request; and
In addition, Cypress Creek Renewables may share your Cypress Creek Renewables Collected Personal Information (as well as your other Personal Information and your non-Personal Information), with our potential and current financiers and financial investors, and in connection with, or during due diligence or and negotiations of, any proposed or actual financing, merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Cypress Creek Renewables assets, or transfer of all or a portion of Cypress Creek Renewables' business to another company ("Corporate Transactions"), provided, however, that Credit Reports shall not be shared other than as part of the effectiveness of a corporate transaction to the acquiring or surviving entity unless de-identified.
4. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.
The Online Services may include hyperlinks to, or include on or in connection with the Online Services (e.g., plug-ins), websites, locations, platforms, applications or services operated by third parties ("Third-Party Service(s)"). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.
Certain functionalities on the Online Services permit interactions that you initiate between the Online Services and certain Third-Party Services, such as third party social networks ("Social Features"). Examples of Social Features include: enabling you to send content such as contacts and photos between the Online Services and a Third-Party Service; "liking" or "sharing" our content; logging in to the Online Services using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Online Services); and to otherwise connect the Online Services to a Third-Party Service (e.g., to pull or push information to or from the Online Services). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Online Services or by the Third-Party Service that you use. Also, both Cypress Creek Renewables and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
Cypress Creek Renewables may engage and work with Service Providers and other third parties to serve advertisements on the Online Services and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Online Services and elsewhere on the internet, sometimes referred to as "interest-based advertising" and "online behavioral advertising" ("Interest-based Advertising"), which may include sending you an ad on a third party service after you have left the Online Services (i.e., "retargeting").
5. DATA SECURITY AND MONITORING.
Cypress Creek Renewables takes reasonable measures to protect Cypress Creek Renewables Collected PI from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the internet and online digital storage are not completely secure and Cypress Creek Renewables does not guarantee the security of your information.
6. CHILDREN'S PRIVACY.
The Service is intended for an audience 18 years of age and older. Accordingly, Cypress Creek Renewables does not intend to collect personal information as defined by the U.S. Children's Privacy Protection Act ("COPPA") ("Children's Personal Information") in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children's Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
7. ACCESSING AND CHANGING INFORMATION.
Cypress Creek Renewables may provide web pages or other mechanisms allowing you to delete, correct, or update some of the Cypress Creek Renewables Collected PI, and potentially certain other information about you (e.g., account information). Cypress Creek Renewables will make good faith efforts to make requested changes in Cypress Creek Renewables' then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Cypress Creek Renewables' databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
8. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.
A. Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe's website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Online Services may not work and that when you revisit the Online Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no consensus among industry participants as to what "Do Not Track" means in this context. Like many online services, Cypress Creek Renewables currently does not alter Cypress Creek Renewables' practices when Cypress Creek Renewables receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you can visit http://www.allaboutdnt.com, but Cypress Creek Renewables is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Cypress Creek Renewables is not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.
B. Analytics and Advertising Tracking Technologies.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/. Some of these companies may also be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Cypress Creek Renewables supports the ad industry's 2009 Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks Cypress Creek Renewables directly engages to serve you Interest-based Advertising will do so as well, though Cypress Creek Renewables cannot guaranty their compliance. Cypress Creek Renewables is not responsible for effectiveness of, or compliance with, any third-parties' opt-out options or programs or the accuracy of their statements regarding their programs.
You can opt out of receiving certain promotional communications (emails or text messaging) from Cypress Creek Renewables at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account: and (ii) for text messages, following the instructions provided in text messages from Cypress Creek Renewables to text the word, "STOP". Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Cypress Creek Renewables may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Cypress Creek Renewables' ongoing business relations.
9. INTERNATIONAL TRANSFER.
10. EEOC / AFFIRMATIVE ACTION REPORTING.
In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission ("EEOC"), the Office of Federal Contract Compliance Programs ("OFCCP") and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information, to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
11. YOUR CALIFORNIA PRIVACY RIGHTS.
We may from time to time elect to share certain "personal information" (as defined by California's "Shine The Light" law) about you with third parties for those third parties' direct marketing purposes. California Civil Code Section 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. We do not solicit consumer in California and do not intend to collect personal information from California residents. However, if we do and you are a resident of California, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information directly from us for their or other third party direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request by contacting Cypress Creek Renewables in writing at: 3250 Ocean Park Boulevard, Suite 355, Santa Monica, CA 90405, Attention: Legal Department Any such request must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this mail address.
13. CONTACT US
Cypress Creek Renewables
3250 Ocean Park Boulevard
Santa Monica, CA 90405
Attention: Legal Department