Privacy statement

Last updated: 7 June 2018

SolarPower Europe (1040 Brussels, Rue d’Arlon 69-71B and company registration number 0427.557.687), hereinafter also “we” and/or “us” and/or “SolarPower Europe”) respects your privacy. To better protect your privacy we provide this Statement explaining our online information practices and the choices you can make about the way your information is collected and used concerning the Solar O&M Best Practices Mark (Platform). To make this Statement easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

We strongly urge you to read this Statement and make sure you fully understand and agree with it, before you access or use any of our services. If you do not read, fully understand and agree to this Privacy Statement, you must immediately leave this website, application or service, and avoid or discontinue all use of any of our services.

Capitalized terms which are not defined herein shall have the meaning ascribed to them in our Terms of Use [http://www.solarmaintenancemark.com/terms-of-use/].

1. GENERAL TERMS

1.1 This privacy statement informs you about how SolarPower Europe collects and manages personal data regarding the (development of the) Solar O&M Best Practices Mark.

1.2 The purpose of this Privacy Statement is to provide visitors of the website and users of the Solar O&M Best Practices Mark Platform www.solarmaintenancemark.com with clear explanation of when, why and how we collect and use your personal data and it explains your statutory rights. This Privacy Statement is not intended to override the terms of any contract you have with us, nor any rights you might have under applicable data privacy laws.

1.3 We strongly urge you to read this Statement and make sure you fully understand our practices in relation to your personal data, before you access or use any of our Services. If you read and fully understand this Privacy Statement, but remain opposed to our practices, you must immediately leave this website, application or service, and avoid or discontinue all use of any of our Services. Where you have read this Statement but would like further clarification, please contact us at admin@solarmaintenancemark.com.

2. WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

2.1 We do not collect any personal data of visitors of the website who are not registered, except for cookies (please see Section 10).

2.2 In order to maintain and develop our Solar O&M Best Practices Mark and Solar O&M Best Practices Mark Platform, and to improve these if needed, it is necessary for us to process certain personal data of registered Adherents such as Company Name, Website URL, Company Logo Address, Email address, Phone number, etc. This information is only collected when voluntarily submitted by you.

2.3 Additionally, if you acquire the Solar O&M Best Practices Mark, we shall:

2.3.1 Publish your Company’s name, logo, website URL and contact email address on the website in the Company’s directory [http://www.solarmaintenancemark.com/companies/]

2.3.2 Publish your Company’s name in an edition of the SolarPower Europe monthly newsletter.

2.4 Furthermore, all information related to the Company, including your address, is gathered and processed in the interest of our own marketing purposes. We may for example send you emails to inform you of various opportunities our site has to offer or news about our services. This is an ‘opt-in’ list, which means that you can choose to receive our communication when you give us your contact details.

2.5 Finally, note that while we are offering links to other websites we are not responsible for the policies of other companies, so please review their privacy Statement should you visit their websites.

3. WHY DO WE COLLECT SUCH INFORMATION?

In the following paragraphs, you can read about the purposes of collecting personal data and the applicable legal grounds.

3.1 Providing our product and our services: If your Company registers on the Solar O&M Best Practices Mark Platform and declares compliance with the Mark by accepting the Terms of Use, we will publish the Company name, Company logo, website URL and contact email on the Website. This is necessary for the conclusion and performance of our contract (detailed in the Terms of Use) with you. We also collect data such as the name of the person representing your company, address, telephone number and EU VAT identification number. We may use such information collected from you to verify your identity, for invoicing purposes, to establish and set up your account, verify or re-issue a password, log your activity and contact you from time to time. You will receive email notifications whenever a new version of the Solar O&M Best Practices Mark logo and Checklist is available with a deadline to update your Checklist and logo. The information helps us improve our services and customize your browsing experience. In addition, this information helps us track any fraudulent activities and other inappropriate activities and monitor content integrity. If you are ordering and/or subscribing on behalf of an organisation, we have a legitimate interest in processing your data as contact details for the conclusion and performance of the contract.

3.2 Customer management: In order to provide optimal customer experience, we process personal data such as company name, address, name of the person representing your company, email address, telephone number for the purpose of customer management. We carry out this processing on the basis of our legitimate interest in knowing our customer and maintaining our relationship with you, with a view to providing a stellar customer experience.

3.3 Product development and improvement: Naturally we strive to always improve our products in order to make them fit our customers’ needs. For this reason, and based on our legitimate interest in doing so, we process personal data such as Company name, email address, website URL, Name of the Person Representing your Company and draw insights in relation to possible improvements.

3.4 Direct marketing: for marketing purposes we will process personal data such as your Company name, email address, website URL, Name of the Person Representing your Organisation, and we may contact you in this regard. The legal ground for this processing is our legitimate interest in promoting our products and/or services, within the limits that are legally acceptable or your given consent where and to the extent required by law (e.g. in relation to specific kinds of electronic mail marketing).
You have a right to prevent direct marketing of any form at any time – this can be exercised by following the opt-out link attached to each communication or by sending an email to admin@solarmaintenancemark.com.
We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.

3.5 Compliance: to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.

3.6 Should you ever deactivate your account with us, we will keep your information on file, but only use it to comply with regulatory requirements and to contact you occasionally with the option to reactivate your account.

3.7 We will ask for your consent before using information for a purpose other than those set out in this Statement

4. PROTECTING YOUR PRIVACY

4.1 We will only use your personal data for the purposes set out in Section 3 where we are satisfied that:

4.1.1 you have provided your consent to us using your Personal data for that purpose (e.g. to provide you with promotional or marketing content), or
4.1.2 our use of your Personal data is necessary to perform a contract or take steps to enter into a contract with you,
4.1.3 our use of your Personal data is necessary to comply with a relevant legal or regulatory obligation that we have, or
4.1.4 our use of your Personal data is necessary to support legitimate interests that we have as a business (for example, to maintain and improve our Services by identifying user trends and the effectiveness of SolarPower Europe campaigns and identifying technical issues), provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights.

5. DURATION

5.1 We may retain your data as long as necessary to provide our products and services, and beyond such time to the extent legally permitted and based on our legal obligations (e.g. in relation to invoice retention) or legitimate interests (e.g. in retaining data for the purposes of responding to possible disputes or complaints or for possible reactivation of subscriptions) or until withdrawal from your side. You can cancel your account on the Solar O&M Best Practices Mark website in your account settings or by sending an email to admin@solarmaintenancemark.com (see also Section 8).

5.2 [We maintain a data retention Statement which we apply to information in our care.] Where your data is no longer required we will ensure it is either securely deleted.

6. WHERE DO WE STORE YOUR INFORMATION?

The personal data collected by us may be transferred to any third parties to whom the relevant SolarPower Europe entity subcontracts all or part of this processing. This may for instance include e-marketing service providers, hosting providers and any other relevant roles. Note that we will never sell your personal data to a third party.

In the event of transfer of personal data to a country outside of the European Economic Area, SolarPower Europe systematically ensures the application of an adequate level of protection of such personal data by means approved by applicable data protection legislation.

7. SHARING PERSONAL DATA WITH THIRD PARTIES

SolarPower Europe may share your Personal data with third parties (or otherwise allow them access to it) only in the following manners and instances:

7.1 Third Party Services

7.1.1 SolarPower Europe has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e mail distribution and monitoring services, session recording and remote access services, performance measurement data optimisation and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Service(s)”).

7.1.2 Such Third Party Services may receive or otherwise have access to Customers’ Personal data, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes.

7.1.3 Note that while our Services may contain links to other websites or services, we are not responsible for such websites’ or services’ privacy practices, and encourage you to be aware when you leave our Services and read the privacy statements of each and every website and service you visit before providing your Personal data. This Privacy Statement does not apply to such linked third party websites and services.

7.2 Law Enforcement, Legal Requests and Duties

Where permitted by local data protection laws, SolarPower may disclose or otherwise allow others access to your Personal data pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
If warranted, we may also allow access to this information in special emergencies where physical safety is at risk. We reserve the right to disclose any personal data or other information obtained from or about you, to third parties in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of our assets, to the extent that this is necessary for the process.

8. YOUR RIGHTS IN RELATION WITH YOUR PERSONAL DATA

8.1 Subject to paragraph 8.2, certain exemptions, and in some cases dependent upon the processing activity we are undertaking, [where you reside within the European Union (EU)] you have the following rights in this paragraph:

8.1.1 to request that we provide you with a copy of your Personal data that we hold and you have the right to be informed of; (a) the source of your Personal data; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entity to whom your Personal data may be transferred;

8.1.2 to request that we cease processing your Personal data, in whole or in part, as you direct us, for any purpose, save to the extent it is lawful to do so without consent;

8.1.3 to request that we restrict the processing of your Personal data where: (a) the accuracy of the Personal data is contested; (b) the processing is unlawful but you object to the erasure of the Personal data; (c) we no longer require the Personal data for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim;

8.1.4 to request that we erase your Personal data in limited circumstances where it is no longer necessary in relation to the purpose(s) for which it was collected or processed;

8.1.5 to challenge processing which we have justified on the basis of a legitimate interest;

8.1.6 to request that we not transfer your Personal data to unaffiliated third parties for the purposes of direct marketing or any other purposes;

8.1.7 to request that we change the manner in which we contact you for marketing purposes;

8.1.8 to request that we correct any errors in your Personal data;

8.1.9 to request that we update your Personal data as required. Note that you may also correct, update or remove certain parts of such Personal data by yourself, or completely deactivate your User Account, through your User Account or User Website settings.

8.1.10 to obtain a copy of the safeguards under which your Personal data is transferred outside the EU;

8.1.11 to lodge a complaint with your local supervisory authority for data protection.

8.2 We may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

9. COMMITMENT TO DATA SECURITY

In order to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

10. USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

SolarPower Europe, together with its marketing, analytics and technology partners, uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide our Customers with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of our Customers’ preferences and authenticated sessions, to better secure our Services, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our Services.

Please note that Third Party Services placing cookies or utilizing other tracking technologies through our Services may have their own policies regarding how they collect and store information. Such practices are not covered by our Privacy Statement and we do not have any control over them.

10.1 Cookies

10.1.1 Our website uses cookies, pixel tags and other forms of identification and local storage (together referred to as “tags/files” hereunder) to distinguish you from other users of the website and of websites of our network. This helps us provide you with a good experience when you browse the website and websites of our network and also allows us to improve our website and our services.

10.1.2 In many cases, these tags/files lead to the use of your device’s processing or storage capabilities. Some of these tags/files are set by SolarPower itself, others by third parties; some only last as long as your browser session, while others can stay active on your device for a longer period of time.

10.1.3 These tags/files can fall into several categories: (i) those that are necessary for functionality or services that you request or for the transmission of communications (functionality tags/files); (ii) those that we use to carry out website performance and audience metrics (analytics tags/files) and (iii) the rest (tracking across a network of other websites, advertising, etc.) (other tags/files).

10.1.4 Internet browsers allow you to change your cookie settings, for instance to block certain kinds of cookies or files. You can therefore block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies, you may not be able to access all or parts of the website, due to the fact that some may be functionality cookies. For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org

10.1.5 Functionality and analytical tags/files do not require your consent. For analytical and other tags/files, however, we request your consent before placing them on your device. You can give your consent by allowing cookies in your browser settings, by continuing to use our website, or by clicking on the appropriate button on the banner displayed to you.

10.2 We use the following cookies on our website:

10.2.1 SolarPower Europe’s own cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

10.2.2 Google Analytics: a tool that allows us to assess how you and other web users use this website, and this information is essential in helping us to continuously improve our website’s functionality. They can be preserved from 30 minutes to 2 years.

10.2.3 Other Targeting cookies. These cookies are set by our third-party advertising partners. These may be used to create a profile of your interests and therefore present you with relevant ads on other sites that you visit. These uniquely identify your browser and device; should you choose not to allow these cookies, our targeted advertising will no longer apply to you.

11. CONTACT INFORMATION

11.1 If you have any questions about this Privacy Statement or wish to exercise any of your rights as described in Section 8, please contact us at admin@solarmaintenancemark.com. We will attempt to resolve any complaints regarding the use of your Personal data in accordance with this Privacy Statement.

11.2 For EU Member State residents, you also have a right to lodge a complaint with your national data protection supervisory authority at any time. However, we encourage you to first contact us.

12. CHANGES TO THIS PRIVACY STATEMENT

We may update and change this privacy statement from time to time, as we may find necessary and as our site evolves and grows. While we will do our best to bring updates to your attention, it is your responsibility to keep track of such updates. Your continuing use of this site constitutes an acknowledgement of any changes in this privacy statement.