Effective Date: 7 April 2020 (Archive of previous version)

This Privacy Policy ("Privacy Policy") governs, among other things, the types of information collected about you when you visit or register on the HOMER Energy website at https://www.homerenergy.com and its subdomains, including but not limited to users.homerenergy.com, success.homerenergy.com, support.homerenergy.com, or any other site ending in “homerenergy.com” and microgridnews.com or microgridconference.com (collectively, the “Website”); how your information may be used and when it may be disclosed; and how your information is protected.This Privacy Policy incorporates by reference the HOMER Energy Terms of Use. In the event of any conflict between the Terms of Use and the terms and conditions set forth in this Privacy Policy, this Privacy Policy shall govern. This Privacy Policy may be updated from time to time at the sole discretion of HOMER Energy.

1. Scope of Privacy Policy

This Privacy Policy applies to information collected about you by or through the Website. This Privacy Policy does not cover any information collected through any other web site. Please note that the Website may contain links to other web sites not controlled or created by HOMER Energy. We are not responsible for the privacy practices of those sites, and we recommend that you review the privacy policies of each web site that you visit.

2. Information Collected

Information you provide directly. Information you provide directly. You are not required to provide information about yourself in order to visit the Website. However, if you register to use the free Software on the Website or purchase a subscription to any of the Software on the Website, you will be required to provide us certain information about you and your organization, including:

• Contact and demographic information (such as your name, company / employer, address, email address, and phone number); and
• Other information you voluntarily provide to us.

Information we collect automatically. As you use the Services and the Website, we may collect or obtain certain information about you automatically, including:

• Your browser type and operating system;
• Your Internet Protocol (IP) address;
• Sites you visited before and after visiting the Website;
• Date and time of your visit;
• Web pages and advertisements you view and links you click on within the Website;
• Unique identifiers, including mobile device identification numbers that can identify the physical location of such devices in accordance with applicable law;
• Information collected through cookies, web beacons, and other technologies;
• Information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded; and
• Project-related data.

If you provide information on behalf of someone else (or someone else provides information on your behalf), the person providing the information must have consent to do so from the person whose information is being provided. “Information” means data that can be used to distinguish or trace your identity, either alone or when combined with other information that is linked or linkable to you. Certain parts of the Services may be offered in conjunction with another company. If you provide information in such cases, both HOMER Energy and the other company(ies) may receive the information collected and use that information according to each company’s respective privacy policy and agreement with you.

3. Use of Information

HOMER Energy desires to provide the best possible services to all of its users, and uses your Information in order to deliver these services. Your Information may also be used for the following reasons:

• Provide the Services you request, and complete any transaction you have made with us for those Services;
• Improve or enhance our Software’s functionality and support of our Software. The Information is used to ensure the Services work as intended and to troubleshoot any issues. We may also use the Information to make improvements to the Services;
• Develop new content and services. We may use the Information to enhance our general knowledge base in order to develop new content and services;
• Provide personalized services. The Information is linked to your user account and may be used to determine which Services will best serve your needs. We collect, compile and store analytical and project-related data to understand how you are using the Services, understand and analyze what kind of hybrid renewable energy systems are of interest to you, and to monitor and provide feedback and notifications to you related to the Services and products you use;
• Communicate with you. Your Information will be used so we can effectively communicate with you. Please note that receipt of our newsletter requires separate consent. If you elect to receive the newsletter, we will use your Information to provide this to you over Email;
• Measure Performance. We use the Information for analytics and measurements to understand how the Services are used. For example, we analyze the use of our products in different geographical areas and industries.
• Aggregation. We will collect, compile and store analytical and project-related data, and derive statistical information using your Information to be aggregated with the statistical information compiled or derived from other visitors to the Website or users of our Services. However, any statistical information used will be anonymous and non-identifiable to you. We aggregate statistical information to optimize the services provided and to improve the manner in which we conduct business;
• Generally enhance our understanding of the market for our products and services;
• Enable you to participate in features such as user replies or comments;
• Enable you to connect to third party vendors and business partners at your option and with your consent;
• Analyze the use of the Website and Information about visitors to the Website to understand and improve our content, marketing and service offerings;
• Protect users and prevent potentially prohibited or illegal activities in accordance with the Website’s Terms of Use and/or our End User License Agreement;
• Business transfers. We may share your information in connection with a substantial corporate transaction, such as a merger, consolidation, asset sale, or in the unlikely event of a bankruptcy; and
• For any other purposes disclosed to you at the time we collect your Information or pursuant to your consent or pursuant to updates to this Privacy Policy

Cookies. The Website uses cookies to help monitor the use of the Website so we can better understand what information is most valuable to our users and customers. A cookie is a small text file placed on your computer that identifies your computer to whomever placed the cookies. For more detailed information on cookies, please see our Cookie Policy.

We use different technologies to process your Information for these purposes. We may combine the Information among different servers and across your devices for the purposes described above. We will ask for your consent before using your information for any purpose that is not discussed above or otherwise covered in this Privacy Policy.

4. Disclosure of Information and Data Transfers

HOMER Energy may use servers located outside the United States, and your Information may be processed outside the country you are located. While data protection laws vary between countries, we will apply the same protections described within this Privacy Policy regardless of where you are located, and where the processing occurs. We may share the information collected from you as follows:

• With your consent. We may share your contact or other Information in accordance with specific consent you provide us with third-party business partners or third-party technology vendors who provide microgrid systems and components and related services. Your consent may be demonstrated by affirmatively clicking on an option to provide your contact information to a third party, or “opting-in” or checking a box to allow such sharing.
• As needed to provide our services. We may use third-parties to carry out certain services, such as credit card payment and website management. These parties only have access to information as necessary to perform their functions and may not use it for any purpose other than to provide services to us.
• Aggregation. We may aggregate the Information and project-related data collected and share, sell or license this data to third parties, including third-party business partners and technology vendors who provide microgrid systems and components and related services. Any aggregated Information may include information concerning geographic location of the potential microgrid project, organization size, and similar information, but will not contain any personally identifiable information.
• Business transfers.  We may share your Information in connection with a substantial corporate transaction such as a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
• Legal requirements. We may disclose Information about our users, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations.
• Protect our Web Sites and users. We may disclose Information to protect and defend the legal rights, interests, and safety of HOMER Energy, our employees, agents, and contractors (including enforcing our agreements); to protect the safety and security of users of the Website and members of the public; and as otherwise disclosed in our Terms of Use.

5. Your Choices

You can visit and use the Website without directly providing any personal information; however, as described above, some information may automatically be collected or may be requested so you can take advantage of certain features. In addition, you must provide certain personal data in order to register for an account, purchase products, or use our Services.

You have rights concerning your Information. These rights include:

• Managing Reviewing and Updating Your Information. We strive to ensure your Information is accurate at all times. You may change or ask us to change or update your Information at any time. In the event you become aware or an error or inaccuracy in your Information, you may notify us at the address and/or email provided herein.
• Accessing Your Information. You have the right to access your Information at any time in order to receive information on how your data is being used and for what purpose.
• Exporting, Removing and Deleting Your Data. You have the right to export a copy of your Information if you want to back it up or use it for another, unrelated service. You also have the right to request that we delete all or a portion of your Information by contacting us at the address and/or email provided below. In some cases, we may retain your Information for a limited period when it is required for a legitimate business and/or legal purpose.

6. Protection of Information and Privacy by Design

We are committed to protecting your Information. We will store and process your Information only as necessary to provide our Services, and have adopted commercially reasonable technical, administrative, and physical procedures to help protect your Information from loss, misuse, unauthorized access, and alteration. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure and therefore we cannot guarantee the security of any Information you transmit to us. Some of the actions and safety measures we use to protect your Information include:

• Using encryption to keep your Information private;
• Periodic review of our information collection, storage and processing practices, including physical security measures;
• Storage of the information required to link a specific user to non-identifying information used in aggregation is stored on a separate server;
• Restricting access to your Information to our employees, contractors, and agents who have a need to know in order to provide Services or otherwise perform the uses described above. Anyone with access to your Information shall be subject to strict confidentiality obligations. A violation of these obligations will result in discipline and possible termination of employment.

7. Privacy Protections for Children

The Website is intended for adults age 18 or older. Children under the age of 18 are not permitted to use the Website pursuant to our Terms of Use and we do not knowingly collect or store contact information about children under the age of 18.

8. User-Generated Content

Website users may in some instances submit their own content for potential use on the Website. Publication of such user-generated content on the Website is subject to our discretion and compliance with our Terms of Use; provided, however, that we are not obligated to review any such user-generated content. Please remember that any information you disclose becomes public information and exercise caution when deciding whether to disclose your contact, financial, or other personal information in a submission. We cannot prevent such information from being used by others in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.

9. Third Party Sites

When you select a link to a third party web site from the Website, you will be leaving Website. Any information that you disclose on the linked third party site will be governed by that site’s privacy policy and not by this Privacy Policy.

10. Changes to This Privacy Policy

We may update this Privacy Policy to reflect changes in our practices and service offerings. If we modify our Privacy Policy, we will update the “Effective Date” at the top of this page and such changes will be effective upon posting. All prior versions of this Privacy Policy are accessible through the Archive link provided above.

11. California Residents: Your California Privacy Rights

California law permits residents to receive: (1) a listing of categories of personal information we have collected about them, (2) the identity of any third parties to whom we have disclosed personal information for a business purpose or sold personal information within the previous calendar year and (3) the categories of personal information disclosed or sold to those third parties. California law requires us to request certain personal information to verify your identity prior to these disclosures and prohibits discrimination based on your exercise of these rights. You can submit a request for disclosure by contacting us at gdpr@ul.com, calling +1-720-565-4046, or completing our online personal data access request form. Please note that we do not sell personal information to third parties or disclose personal information to third parties for the third parties’ direct marketing purposes.

12. Questions and Concerns

If you have questions or concerns regarding this Privacy Policy, please contact us at the email address below and we will do our best to respond to your request within a reasonable period of time. You may also submit questions or comments using the postal address listed below:

HOMER Energy, LLC
Attn: Privacy Desk
1790 30th Street, Suite 100
Boulder, Colorado 80301
Telephone: +1-720-565-4046
Email: info@HOMERenergy.com