PRIVACY NOTICE

Last updated July 23, 2020

Thank you for choosing to be part of our community at Ecolution KWH LLC (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at privacy@ecokwh.com.

When you visit our website https://www.ecokwh.com and any related sites operated by us that post a link to this Privacy Notice (the “Website”), and more generally, use any of our services (the “Services”, which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

We process personal information as a Controller as defined in the General Data Protection Regulation (“GDPR”). The Controller is the entity (or legal person) with whom you provide your personal information and which determines the purposes and means of the processing of personal information. A Processor is the entity (or legal person) that processes the personal information on behalf of a Controller. We are not responsible for the privacy policies, content or practices of third parties or other websites to which you choose to link from the Website. We encourage you to review the privacy policies of those other websites and third parties so you can understand how they collect, use and share your information.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as any related services, sales, marketing or events. Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. USE OF VARIOUS TECHNOLOGIES?
5. HOW LONG DO WE KEEP YOUR INFORMATION?
6. HOW DO WE KEEP YOUR INFORMATION SAFE?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. YOUR CALIFORNIA RIGHTS?
10. THIRD PARTY INTERACTION.
11. DO WE MAKE UPDATES TO THIS NOTICE?
12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us
We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us. The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; and other similar information. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected
We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies as set forth below.

2. HOW DO WE USE YOUR INFORMATION?

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
• To deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
• For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing, and your experience. We use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
• Investor Acquisition
• Partner Acquisition

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We may process or share your data that we hold based on the following legal bases:

• Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. Personal information may be disclosed to trusted persons working together with us in connection with the operation of the Website. Examples include third parties who assist in hosting our web servers, analyzing data, providing marketing assistance, and providing customer service. We also may share aggregated anonymous information about visitors to the Website with third parties so that they can understand the kinds of visitors to the Website and how those visitors use the Website. We may also contact you about any updates to the Website.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, collection of debts, or as evidence in litigation in which we are involved.
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Insolvency. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court.

In each of these situations, the recipients of your data may potentially be located in countries whose data protection legislation is different from your country. If you are a resident in any EU member state, for example, you must be aware that the EU authorities do not generally consider that the regulations of non-EU countries ensure an adequate or equivalent level of protection as compared to the EU data protection regulations.

4. USE OF VARIOUS TECHNOLOGIES?

*Cookies: We use “cookies” to help personalize and maximize your online experience and time online. A cookie is a text file that is either stored in your computer’s memory temporarily or placed on your hard drive by a Web page server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer and can only be read by a web server in the domain that issued the cookie to you.

When you return to the Website, cookies enable us to retrieve the information you previously provided, so you can easily use the features that you customized. Because of our use of cookies, we can deliver faster and more accurate results and a more personalized site experience. For example, a cookie helps us to recall your specific information (such as User ID, password and preferences).

Most cookies expire after a defined period of time or you can delete cookie files stored on your computer any time. While most Web browsers are initially set up to accept cookies, you can reset your Web browser to refuse cookies or to indicate when a cookie is being set. However, if you choose to decline cookies, that may hinder performance and negatively impact your experience on the Website. For example, without cookies, you will not be able to set personal preferences and may have difficulty completing financial transactions.

We may allow third party cookies as part of online advertising campaigns to determine and track site traffic landing from our advertising banners that have been placed on the websites of third parties. The data collected via these cookies is anonymous and the information is not linked to your personally identifiable information without your permission.

*Web Beacons: The Website may also contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those web pages and to deliver co-branded services. Web beacons are not used to access your personal information; they are a technique we use to compile aggregated statistics about our Website’s usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Because Web beacons are the same as any other content request included in the recipe page, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.

We may use analytic services providers (“Analytic Companies”) and cookies in order to improve our services, user experience and analyze how the Website is used. Aside from the approximate location (IP address), the information collected by the Analytic Companies is mostly anonymous traffic data including browser information, device information and language. The information collected is used to provide an overview of how people are accessing and using the Website.

We utilize the Smartsheet work execution platform to assist with communications and the sharing of documents. Smartsheet Inc. is certified under the E.U.-U.S. Privacy Shield and we concluded a data processing agreement with Smartsheet covering the processing of user data on our behalf. Further information on Smartsheet’s terms of use and data protection can be found under the following links: https://www.smartsheet.com/legal/privacy and https://www.smartsheet.com/legal.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). However, we may retain an archival copy which is not accessible by you or third parties on the Internet. The archival copy is retained only for as long as we reasonably consider necessary for audit and record purposes. We will retain logs, demographic, indirect, and statistical information about you and keep an archival copy of this information in an anonymous form.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@ecokwh.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

9. YOUR CALIFORNIA RIGHTS?

We do not share Personal Information with third parties for their direct marketing purposes unless you affirmatively agree to, or opt in to, such disclosure. California customers may request further information about our compliance with California laws by e-mailing us at privacy@ecokwh.com. 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 e-mail address.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

10. THIRD PARTY INTERACTION

As a user of the Website, you may interact with, purchase goods and/or services, or participate in promotions of advertisers, members, partners, or sponsors showing their goods and/or services on the Website. Unless otherwise stated, any such interaction, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that the Company, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees have no liability, obligation or responsibility for any such interaction, purchase or promotion between you and any such third party.

11. DO WE MAKE UPDATES TO THIS NOTICE?

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at privacy@ecokwh.com or by post to:

Ecolution KWH LLC
1460 Golden Gate Parkway, Suite 103
Naples, FL 34105
United States

HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.