SunPower Corporation Privacy Policy

Last Updated: March 6, 2024

SunPower Corporation and its affiliates ("SunPower," "we," "us," "our") respect your privacy. This Privacy Policy ("Policy") describes our privacy practices, how SunPower collects, uses, and shares your “Personal Information” and other information as defined below in connection with our solar and storage technology and energy services, when you apply for a solar panel system lease or other form of financing through or from us, (collectively, “Services”) the SunPower website, our mobile applications, and digital services (collectively, the "Digital Platforms") that link to or post this Policy, as well as offline. It also explains your choices with respect to your Personal Information, and how you can contact us and exercise your legal rights. This Policy is incorporated by reference into our Terms of Use, which also applies when you access or use the Digital Platforms.

By using our Services and Digital Platforms, you agree to let us collect and use your Personal Information as described in this Policy. Therefore, before you provide us with any Personal Information, you should review this Policy in its entirety and understand its terms.

We may change this Policy from time to time. Please review the "Last Updated" legend at the top of this page to see when this Policy was last revised and any effective date. Any changes to this Policy will become effective when we post the revised Policy, unless otherwise specifically noted in the legend. If you have any concerns about this Policy, please contact SunPower via the contact information provided in the "Contact Us" section below.

This Policy describes:

  1. Personal Information We Collect

  2. How We Collect Your Personal Information

  3. How We Use Your Personal Information

  4. How We Disclose Your Personal Information

  5. Copyright Claims

  6. Collection of Information by Third Parties

  7. How We Protect Your Personal Information

  8. Storage of Your Information Outside of The United States and Canada

  9. Children’s Privacy

  10. Privacy Policy Changes

  11. Your Choices Regarding Your Personal Information

  12. Questions About This Policy

  13. Privacy Information for California Residents.

  1. PERSONAL INFORMATION WE COLLECT

SunPower collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to any individual or a household (“Personal Information”). SunPower also collects non-Personal Information that cannot be linked or associated with any individual person or household. When non-Personal Information is combined with other information so that it does identify an individual person, we treat that combination as Personal Information. SunPower may also collect, use, disclose, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your Personal Information but is not considered Personal Information as this data does not directly or indirectly reveal your identity.

We may collect, use, store, and transfer different kinds of Personal Information about you, which we have grouped together as follows:

  • Identifiers such as your first name, last name, and online identifiers (e.g., screen name, cookies, mobile advertising IDs, and Device IDs), date of birth, ID type, ID number, ID expiration date and Social Security Number.

  • Contact Information such as your mailing address, email address, and telephone numbers.

  • Financial Information such as your financial history, including account balances and payment history; credit reports, scores and history; income and tax information, credit card information (card number, security code, expiration date), and/or bank account information.

  • Profile Data such as employment, employment verifications, utility bills, information about your energy needs and usage, products and services you obtain from us, your interests, your comments on our content, and your registration to participate in events (either in-person or online). For employment applicants, occupation, resume or CV, employment and education history.

  • Technical Information such as your hardware model, internet protocol (IP) address, other unique identifiers, geolocation, operating system version, browser type and settings, the settings of the device you use to access a Service, the locations of the web pages you view right before arriving at, while navigating, and immediately after leaving, the Digital Platforms, and how long you visit the web pages.

  • Usage Data such as information about the Digital Platform(s) you use, the date and time, the duration of your usage, the files downloaded or viewed, and other information about your interaction with content offered through our Digital Platforms.

  • Marketing and Communications Information such as your preferences in receiving marketing from us and third parties, email communications, and your communication preferences.

  • Inference Data including inferences drawn from the Personal Information identified above.

Sensitive Personal Information as defined under California law, such as location data associated with your IP address, geolocation, your Social Security, National Id Number, driver’s license number/document, passport number or document, your photograph, video or audio recording provided in testimonials with your consent. Data collected from job applicants and employees also includes their social security number, driver’s license number, state identification card number, tax identification number, or financial account information. Information job applicants or employees may voluntarily disclose includes ethnicity, race, religion, veteran status, disability status, and/or sexual orientation racial or ethnic origin, gender, religious or philosophical beliefs, and union membership. Data collected from vendors may include diversity information such as racial or ethnic origin and gender. We do not use or disclose Sensitive Personal Information for any business purposes other than as permitted by law.

1.1 How Long Will You Use My Personal Information?

We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

1.2 If You Do Not Provide Personal Information.

Where we need to collect Personal Information by law, or under the terms of a contract we have with you or relating to your property or residence, and the data is not provided when requested, we may not be able to perform the contract we have or are trying to enter into. In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at that time. You can withdraw your consent at any time by contacting us as identified in the “Contact Us” section of this Policy. You may also opt out of continuing to receive communications from SunPower related to products and services of SunPower or third parties other than those which you have inquired about or are receiving. We may, however, collect, use, or disclose Personal Information without your knowledge or consent in exceptional circumstances where such collection, use, or disclosure is permitted or required by law.

1.3 Collection Of Information By Third Parties

We do not control or endorse the third-party sites or applications that may be accessible through the Digital Platforms. Thus, this Policy does not apply to information provided to third-party sites or gathered by the third parties that operate them. Before visiting a third-party site or using a third-party application, whether by means of a link on the Digital Platforms or otherwise, and before providing any information to a third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that site or application, and you should take the steps you feel are needed to protect your privacy and security.

2. HOW WE COLLECT YOUR PERSONAL INFORMATION

2.1 What Personal Information We Collect from You

We collect information about you, including Personal Information. “Personal Information” is defined in this Policy as information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

The following explains the categories of Personal Information we collect from you and how we collect such data.

  • Online Forms: When you complete an online form to allow SunPower, or a SunPower authorized independent dealer, to contact you, we collect Identifiers and Contact Information. To validate your identity as the party submitting the form, we may also collect Technical Information, Sensitive Information (including geolocation data), and a screenshot or screen recording of the form submission process.

  • Communications with SunPower: When you contact SunPower by telephone, or e-mail, we collect Identifiers and any other Personal Information you choose to provide, as explained below.

    • Telephone: When you contact SunPower by telephone, we will collect the Contact Information (telephone number) that you use to call SunPower. SunPower records its telephone calls for training and quality assurance purposes. During a call, SunPower may additionally collect Contact Information (e.g., name, address, e-mail address), and Profile Data (information about your energy needs and usage). If you are a business contact for a commercial client, vendor or prospect, this may include business personal information.

    • E-mail and Electronic Means: When you communicate with SunPower via e-mail or other electronic means, including through a virtual assistant, we will collect your Contact Information (e.g., e-mail address, name), and any other Personal Information you voluntarily choose to include in the communication so that we can respond to your questions and provide you with quality service.

    • Chat Feature: When you interact with our Chat feature, we may ask for your name, email address, phone number, account or order number. Any other Personal Information you provide is at your own discretion and not required for your use of the site or our Services. We may combine the information we collect from you with other Personal Information we have about you as described in this Policy. Any information combined with Personal Information will be treated as Personal Information. We may maintain transcripts of chats and other written communications.

  • Social Media, Online Forum, Blogs, Message Boards, Chat Rooms: You may choose to interact with SunPower via social media platforms on which SunPower is active, including, but not limited to Facebook, LinkedIn, review sites like Yelp, or through blogs, chat or messaging features available through the Digital Platforms. Relating to these interactions, SunPower may collect Identifiers (e.g., screen name, real name) and any information that you choose to provide such as posts, comments or feedback that you post or leave on pages, feeds or inboxes belonging to SunPower. There are areas of the Digital Platforms and social media platforms that are visible to other users or the general public, e.g., blogs. We recommend that you do not post personal details to these areas of the Digital Platforms. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN PUBLIC AREAS OR FORUMS.

  • Business Contacts: SunPower collects the personal or business Contact Information you provide at trade shows or similar events, including through business card scans or drops, to allow us to contact you or to receive information about us, opportunities with us, or our products or Services.

  • Testimonials: When you provide testimonials to SunPower for us to publish on the Digital Platforms or in marketing materials, with your consent, we collect and may publish Sensitive Information (e.g., images of you, audio and/or video recordings), and Identifiers that may include your name, contact information, and information about your experience with SunPower products and Services.

  • Applications: When you sign up or use a SunPower application or Service, we collect the Contact, Financial, and Profile Information you provide to create a profile, account, generate a quote or estimate, provide payment (e.g., credit card or bank account information) or to receive information about the performance of your system or SunPower products. If you submit an application to lease a solar product from us or finance a product through an independent entity, we collect your Contact, Financial, Identifiers, Marketing and Communications, and Profile Information. This Personal Information is used to assess your eligibility for the financial product applied for, to otherwise process your application.

  • Online Account: If you sign up or use a SunPower application or Service, we collect Personal Information you provide to create a profile, account, collect payment or to receive information about the performance of your system or SunPower products. This may include your Contact, Financial, and Profile Information.

  • Information About Your Solar Usage: When you purchase or lease a solar system from us or one of our authorized independent dealers, which may include Services like energy monitoring, you provide us directly with Identifiers and Profile Information about yourself and your household or give us access to information about the use of the solar system by your household. This information may include your name, location of the installation, energy produced by the system, energy utilized (energy demand), or the time of day when the energy is utilized. This data is incorporated into our monitoring system and used for various purposes, such as to monitor the performance or your system and to provide you Services you have agreed to receive, e.g., system maintenance.

  • Surveys: If you respond to surveys issued by SunPower, we will collect Identifiers and any information you provide in response to or relating to the survey. If we disclose information relating to the survey to third parties, we will do so in non-identifying, aggregated form. We may disclose your feedback about the performance of an independent dealer or installer to that independent dealer or installer in an identified fashion.

  • Leasing and Financing: If you request information from SunPower, or lease or finance the purchase of products or Services through SunPower or a SunPower affiliate (SunPower Financial, SunPower Capital, LLC, Blue Raven Solar), or a SunPower authorized independent dealer, we will collect Identifiers, Contact, Identifiers, Marketing and Communications, and Profile Information. For example, when you finance a product through us, SunPower Capital, LLC may collect information from you, and any co-applicants or co-owners of the dwelling associated with your installation, including your Identifiers, Contact Information, Marketing and Communications Information, Sensitive Personal Information (e.g., Social Security or National Identity Number), Financial Information (e.g., financial history, including account balances and payment history; credit reports, scores and history and income information); and Profile Data (e.g., employment, including employment verifications and utility bills).

  • Payments: If you make a payment to us, either directly or through one of our approved service providers, we collect information necessary to process the transaction and validate your identity. This may include Identifiers and Contact Information, and depending on the payment methodology, Financial Information (e.g., payment card information or bank account information). When you use a SunPower approved service provider to make a payment, your use of the service is subject to that service provider's Terms and Conditions and Privacy Notice.

  • Career Opportunities: If you apply for a career opportunity with us, we may collect Identifiers, Contact Information, Sensitive Information (e.g., Social Security or National Identity Number); Profile Data (e.g., employment and education history, resume or CV; references or other information included in a voluntary background or driving record search); and information about you contained in any related communications, including a cover letter.

We do not collect other sensitive information about you and you should not provide such information to us.

2.2 Cookies and other Automated Technology

The Digital Platforms use cookies, pixel tags, analytics tools, and other similar technologies to collect information about your equipment, browsing actions, and patterns to help our Digital Platforms function effectively, improve the Services we provide, and assist us with our marketing as set forth below. SunPower may also combine this information with other information in our possession or that we receive from third parties to contact you about about products offered by or through SunPower, including through email or regular mail. These technologies collect the following information about you from your browser whenever you access or use the Digital Platforms.

  • Web Browsers: Like most site operators, we gather Technical Information and Sensitive Personal Information (e.g., location data associated with your IP address) from your computer and internet connection of the sort that web browsers, depending on their settings, may make available.

  • Cookies: We may collect Technical Information from you using a "cookie." A "cookie" is a string of information that a site caches or stores on your computer, and your browser provides to the Digital Platforms, each time you submit a query to the Digital Platforms. For more information on your ability to disable your cookies, please see "Your Choices Regarding Your Personal Information" below.

  • Web Beacons: We use technology known as "web beacons" to collect web information. A "web beacon" is an object that is embedded in a web page. It is usually invisible to you but allows site operators to check whether you have viewed a particular web page or e-mail communication. We may place web beacons on pages of the Digital Platforms. You may not decline web beacons. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

  • Session-Replay Technologies. We may use third party services that employ software code to record users’ interactions in a manner that allows us to watch recorded replays of those user sessions. The replays include users’ clicks, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. We will seek your consent before using session-replay technologies. If you do not want us to use session replays, when you are asked for your consent, you must indicate that you do not consent.

  • Data Analytics: We may use third-party data analytics service providers such as Google Analytics to measure the web traffic on different parts of our Digital Platforms in order to improve it. Google Analytics, which anonymously tracks users who have JavaScript enabled, uses technical tools like first-party cookies and JavaScript code to collect Technical Information about your interactions with our Digital Platforms. Google may retain and use, subject to the terms of its privacy policy, information collected in your use of the Google Analytics Information Disclosures and Sharing. Google Analytics offers website visitors the ability to prevent Google from recording, processing, and using the data generated by the Google Analytics cookie. You may opt-out by downloading and installing the browser plug-in available through Google at the following link: http://tools.google.com/dlpage/gaoptout.

  • Cross-Device Tracking: We use data analytics companies, advertising networks, or social media companies, and features offered by data analytics services or the Facebook Pixel, to engage in "cross-device tracking," which occurs when platforms, publishers, and advertising technology companies try to connect a consumer's activity across smartphones, tablets, desktop computers, and other connected devices. The goal of cross-device tracking is to enable companies to link a consumer's behavior across devices.

  • Social Media Plug-ins: We may use social media plug-ins on our Digital Platforms from companies like Twitter, Facebook, YouTube, and LinkedIn to enable you to easily share information with others. We may collect Profile Data (your interests) and Marketing and Communications Information use from the plug-ins to learn about your interests and to help us better understand how to serve you. The social media plug-ins may allow these companies to receive Personal Information about you and your visit to our Digital Platforms. When you visit our Digital Platforms, the operators of the social media plug-ins place cookies on your computer that enable them to recognize you on their websites after you have visited our Digital Platforms, or that enable them to add the information collected from your visit to our Digital Platforms with your prior activity on those websites. We do not control what information is collected by the social media plug-ins or the information practices adopted by those social media companies. For more information about social media plug-ins from social media websites, you should refer to those companies' privacy and data sharing statements.

  • Managing Cookies: If you wish to manage the cookies and other technologies that are placed on your device when you visit the Digital Platforms, you may do so by visiting our Cookie Policy, and clicking on the "Change Preferences" link at the bottom of the page. Please note that because cookies are device, not user, specific you will need to do this from each device you use to visit or access the Digital Platforms.

2.3 Information SunPower Purchases or Receives from Third Parties

SunPower may purchase or receive information, including Identifiers such as your name, address, e-mail address and telephone number from third parties to be used to market products and Services offered through or by SunPower to you as explained below.

  • Third Parties with Whom We Have a Relationship - SunPower may receive your Personal Information, such as your Contact, Identifiers and Financial Information, from third parties with whom we have a relationship, including our authorized independent dealers, home builders, and other service providers, such as those that assist with providing lease or financing products to you, including in connection with the underwriting, e.g. approval of those products or the servicing of those products. This information is collected from third parties: (1) to determine whether you are interested in, and qualify for, a financing product through SunPower, Service or solar panel financing options and whether that product, Service or option is right for you; and (2) to maintain your relationship with SunPower, which may include to transfer or assign a lease or loan in connection with the sale of your home.

  • Third Parties You Authorize to Provide Us With Information – Third parties from which SunPower Capital may receive Personal Information may include our escrow agents, mortgage brokers, real estate agents, your energy company/provider, or individuals authorized to act on your behalf including pursuant to a Power of Attorney, whom you authorize to provide information to us on your behalf, including in connection with the sale of your home, transfer of your lease or loan, or buy-out of your lease with us.

  • Financial Institutions and Consumer Reporting Agencies: In accordance with applicable law, we may receive your Personal Information, such as Contact, Identifiers and Financial Information from third-party financial institutions and credit reporting agencies who assist in processing your Personal Information and assessing your eligibility for a solar panel lease/financing product or service. Your consumer report is used in accordance with applicable laws.

  • Purchase of Data from Unaffiliated Third Parties - Where permitted by applicable law, SunPower may purchase your Personal Information from third parties to whom you have provided Personal Information, e.g., lead generators, and will process your data in accordance with applicable law (and with your consent, where required) to determine whether you are interested in purchasing a SunPower product or Service and whether that product or Service is right for you.

  • Co-Applicants: We may also collect your Personal Information from co-applicants or co-owners of a dwelling associated with your installation which may include your Contact, Profile and Financial Information.

  • Utilities - Where permitted by applicable law, and with your consent, SunPower may obtain information about your energy consumption from your utility provider. This information may be used by SunPower to provide monitoring services and calculate energy savings relating to your system and may also be used by SunPower to understand how you use your system.

  • Referral Programs - We may receive your information from third parties as part of a referral program, including our "Refer a Friend" or "Friends and Family" programs and offers. These may include programs offered by your employer, trade groups or affiliation groups. Your information will only be used for determining your interest in a product or Service offered by or through SunPower.

  • Third-Party Site Information - Some of our applications leverage data, including images, from third-party sites or databases, including Google Earth images included in our design a system or estimator functionalities, or utility information provided to us by your utility company with your consent. Where required, we will seek your consent to receive this data.

  • Links to Third-Party Sites - If you follow a link to any third-party sites or use sites of a third-party service provider, please note that they may have their own privacy policies and practices. SunPower does not accept any responsibility or liability for their policies or processing of your Personal Information. Please check these policies before you submit any Personal Information to any third-party sites.

3. HOW WE USE YOUR PERSONAL INFORMATION

We use the Personal Information set out in Section 1 or non-identifiable information we collect to facilitate the business relationship we have with you, to comply with our legal and financial obligations, and to pursue our legitimate business interests, which include the business purposes set out below:

We also use the Personal Information we collect for commercial purposes. These include:

  • To provide or deliver the information, notifications, Services, products, support or transactions you requested;

  • Create, manage, service, and collect on an account, lease relationships or other forms of financing;

  • Provide you with information regarding our solar products and financing services through SunPower (marketing);

  • Report the closing of leases to Business Partners or Financial Institutions, to secure financing for our lease portfolio, or to sell leases, individually or in groups, as allowed under our contract with you;

  • Secure financing commitments for SunPower's residential solar lease program, which may require the sale of your lease, as allowed under our contracts with you;

  • Provide services related to your lease, which may include, for example, notifying relevant Business Partners or Financial Institutions of service requests or other material events regarding your lease (e.g., the sale of your home);

  • Communicate with you, including to provide you with information or schedule consultations about your transaction, products or Services, to discuss, schedule or confirm maintenance on your system or process warranty claims, about marketing, promotional offers or surveys, and about product safety information;

  • Facilitate communications with SunPower authorized independent dealers or related third parties, like pass-through warranty holders;

  • Analyze, tailor, or improve our products and Services, including the Digital Platforms and any content or advertising thereon;

  • Analyze and improve the effectiveness of our marketing programs and the Digital Platforms;

  • Enforce our legal obligations and rights, including our Digital Platforms terms and conditions, to comply with applicable legal or regulatory requirements, and any contractual rights (e.g., the collection of debt);

  • Improve our customer service experience, including for training and quality assurance purposes;

  • Monitor the performance of your system and provide you with maintenance or troubleshoot issues with your system;

  • Analyze and improve the safety and security of our products and Services;

  • In the event of a merger, sale or other transfer event, in which Personal Information held by us about you is among the assets transferred;

  • Comply with laws applicable to publicly traded companies, including those relating to the detection, prevention and monitoring of fraud, anti-corruption, and money laundering, including Know-Your-Customer and related reporting obligations;

  • Contact you, including through email, regular mail, and via text messaging if you consent to text communications, e-mail you about products and Services that we believe may be of interest to you;

  • Provide your information to third parties, including our third-party distributors or SunPower authorized independent dealers, so that those third parties may directly contact you about products and Services. We may also provide your information to certain non-profit or advocacy organizations with whom we have a relationship to keep you informed about opportunities to become active in support of solar in your community. If you wish to opt-out of receiving e-mails from us or from third parties, please follow the instructions at the bottom of each e-mail.

  • We may use your Personal Information for any other purpose for which you consent.

  • We may combine any of the information we collect from or about you and use it in the manner described in this Policy.

We will not hold your Personal Information longer than is reasonably necessary for the disclosed purpose and as required by law.

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your Personal Information with your consent. We may also share your Personal Information with trusted third parties or in other instances, including where required by law. We will use contractual or other means to protect Personal Information disclosed to third parties where required to ensure that the recipient keeps the Personal Information confidential and does not use it for any other purpose except as directed by us.

We may disclose your Personal Information to the following categories of third parties:

4.1 Affiliated Entities: We share the information we collect with other SunPower entities, including subsidiaries and parent companies, companies related by common ownership or control, financial and/or nonfinancial companies, and joint ventures, to provide our products, Services, and for our internal business administrative purposes. ("Affiliates").

4.2 Business Partners:

  • We share Identifiers, Contact Information, and Profile Data (e.g., status of your transaction/inquiry, types of products purchased and the performance of your system) with distributors, authorized independent dealers, installers, home builders, agents, non-profit partners, companies that perform services for us, other companies or entities to which we report lease or sales consummation or closing data, or companies with whom we have marketing or affiliate relationships to facilitate the sale, installation, operation and maintenance of your system, to report the status of your inquiry about SunPower products and Services, and to provide you with the opportunity to support solar in your community. (“Non-Affiliated Entities”).

  • We share energy generation and production data related to your solar system with third parties you engaged to provide you with services.

  • You may be provided with offers, products, and services from third-party companies, such as mortgage companies or energy service providers, who may integrate with our Digital Platform (“Platform Partner”). If you choose to interact with a Platform Partner, apply for their services or offerings or otherwise link or sync your SunPower account to a Platform Partner’s product or service, you are consenting to the sharing of your information and direct us to share your information, including Personal Information, with the Platform Partner providing the service or offering. In some cases, if you click through to visit a Platform Partner’s site, you will automatically be sending your Personal Information to that Platform Partner. When this happens, you will still have to submit your application on the Platform Partner’s site. Remember, that any information you provide to a Platform Partner, whether through us or on your own, will be subject to their privacy practices and terms and conditions and you should read the Platform Partner’s privacy policy and terms carefully.

4.3 Service Providers: We share your Personal Information with service providers that: (1) process information on our behalf; (2) provide infrastructure, products or Services to us or on our behalf or help us operate or improve our business; (3) participate with us in the provision, maintenance, or operation of the Digital Platforms; and (4) provide you with information, products and/or Services relating to your SunPower system or when it is necessary to provide information, products or Services to you.

4.4 Financial Institutions: SunPower’s Affiliates, including SunPower Financial, SunPower Capital, LLC, SunPower Capital Services, LLC share Personal Information,, including Identifiers, Contact Information, and Profile Data, with financial institutions, or their subsidiaries, that finance the leases and other forms of financing, and other entities that help manage the leases and other forms of financing, send you notice of payments due, and reminders of past due payments. (“Financial Institutions”).

4.5 Credit Reporting Agencies: We and our affiliates may report information (e.g., regarding late payments, missed payments or other defaults on your account) to credit bureaus where allowed by law.

4.6 Data Analytics Companies, Advertising Networks, Or Social Media Companies: We use data analytics companies, advertising networks, or social media companies and features offered by data analytics services or the Facebook Pixel, to engage in marketing and "cross-device tracking," which occurs when platforms, publishers, and advertising technology companies try to connect a consumer's activity across smartphones, tablets, desktop computers, and other connected devices. In connection with the use of these companies, we may share Identifiers, Usage Data, Marketing and Communications Information, internet or other electronic network activity information.

4.7 By Law, to Protect Rights and to Comply with Our Policies: We disclose your Personal Information if: (1) required to do so by law, or in response to a subpoena or court order, regulatory inquiries, audits, or other legal requirements; (2) we believe, in our sole discretion, that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties, or the public at large; or (3) we believe that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming, or otherwise to violate applicable laws. For example, we may be required by law to provide your Personal Information to the applicable Public Utilities Commission, regional transmission operator, or your utility provider.

4.8 Corporate Transactions: In the event we enter into or intend to enter into a transaction that alters our business structure, such as a sale, reorganization, merger, joint venture, change of control or other disposition of all or any portion of our business, assets or stock, we may share Personal Information with third parties to facilitate and/or complete the transaction.

4.9 Prevention of Harm: We may disclose your Personal Information to necessary authorities if we believe you have abused a service offered by us via the Digital Platforms or otherwise by using it to attack other computer systems or to gain unauthorized access to any other computer system, to engage in spamming, or otherwise to act in an unlawful manner or to breach the Terms of Use of the Services or the Digital Platforms.

SunPower Financial and SunPower Capital, LLC do not share nonpublic personal information with unaffiliated third-parties, as defined in, and except as may be permitted by, the federal Gramm-Leach-Bliley Act (Public Law 106-102) (the “GLBA”). For more information on your rights under the GLBA, please review our GLBA Notice online or request a copy as noted in the section entitled “Contact Us” below.

5. COPYRIGHT CLAIMS

We respect the intellectual property rights of others, and we ask that users of the Digital Platforms do the same. If you believe that anything on any of our Digital Platforms infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:

As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:

5.1 SunPower DMCA Agent Pirkey Barber PLLC 1801 East 6th St., Ste. 300 Austin, TX 78702 Phone: 512-322-5200 Email: sunpowerdmca@pirkeybarber.com

5.2 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

5.3 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

5.4 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

5.5 Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

5.6 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

5.7 A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

6. HOW WE PROTECT YOUR PERSONAL INFORMATION

We take reasonable technical, administrative, and physical safeguards to protect the security of your Personal Information. Despite these measures, no system is impenetrable. We cannot guarantee the security of electronic data nor can we guarantee that the information, including Personal Information, you supply will not be intercepted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Digital Platforms, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of or you believe are reasonable. We ask you not to share a password with anyone. Any unauthorized access to or use of our Digital Platforms or information collected and maintained by our Digital Platforms should be immediately brought to our attention by contacting us through the Help Center on the mySunPower app or by calling us at 1.800.SUNPOWER (800-786-7693).

7. STORAGE OF YOUR INFORMATION OUTSIDE OF THE UNITED STATES AND CANADA

Your information may be transferred to or stored on servers in any country where SunPower conducts business, which includes outside of the United States and Canada. By using our Digital Platforms, products, and/or Services, or otherwise providing information to us, you understand that information, including Personal Information, from or about you or your use of our products or Services may be transferred to and/or stored in countries outside of your country of residence, including the United States.

8. CHILDREN'S PRIVACY

Our Digital Platforms and Services are designed and intended for adults. By accessing and/or using the Digital Platforms or Services, you represent that you are at least eighteen (18) years old. If we obtain actual knowledge that a user is not at least eighteen (18) years of age, we will promptly delete information associated with that user.

In all events, the Digital Platforms and Services are not intended for, and we do not knowingly collect information from or otherwise market our website or other materials to children under thirteen (13) years of age. If you are a parent or guardian of a child under the age of thirteen (13) and believe that he or she has disclosed Personal Information to us, please contact us as described in the "Contact Us" section below. You may review and request the deletion of your child's Personal Information or prohibit the further use of such information.

9. PRIVACY POLICY CHANGES

We may update this Policy, and we will post an updated Policy with its effective date. We will notify you about material changes to this Policy in accordance with applicable laws.

10. YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION

10.1 Disabling Cookies and Managing the Collection of your Information for Analytics and Advertising Purposes. You can disable cookies associated with the Digital Platforms by visiting our Cookie Policy, and clicking on the "Change Preferences" link at the bottom of the page. Please note that you will need to do this from each device you use to visit or access the Digital Platforms.

10.2 Commercial E-mails, Calls and Text. You may opt-out of receiving commercial, e.g., telemarketing or informational, e-mails, telephone calls, and/or text messages from us by following the instructions contained in any of the written communications, from selecting to "opt-out" of those communications using the SunPower preferences center or by calling us at the number below. You may unsubscribe at any time. Please note that even if you unsubscribe from these commercial communications, we may still send you non-commercial (transactional) e-mails, including customer satisfaction surveys, and where authorized, text messages, related to your account, and your transactions via the Services.

10.3 Do Not Track and Global Privacy Controls. SunPower honors “Do Not Track” settings and “Global Privacy Controls”. You can go to this website to learn more about the Global Privacy Control signal and how to implement it: https://globalprivacycontrol.org/. If you are using an opt-out preference signal on your browser using these settings, the opt-out preference signal will apply only to that browser. The choices you make in response to any cookie banner will override the preferences you have made using the settings of your opt-out preference signal. Setting your opt-out preference signal within your browser will enable SunPower to honor that signal.

10.4 Mobile Apps. You can control whether our Apps send you push notifications by changing your notification settings on your mobile device.

10.5 Access and Connections to Social Media. If you connected, linked, or shared your use of our Digital Platforms via your social media profile, you can manage the permissions granted to such third-party social media services by accessing your user settings under your account. You also can remove our access to your social media account or control what information these third-party social media services share with us at any time by accessing the privacy settings in your social media account.

10.6 Automated Decision Making. We do not use automated decision-making, that results in automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you. Automated decisions are decisions made automatically based on computer determinations (using software algorithms), without human review.

11. QUESTIONS ABOUT THIS POLICY

If you have any questions or concerns, you may contact us as described in the "Contact Us" section below.

12. PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

If you are a resident of California, the California Consumer Privacy Act ("CCPA"), as amended by the California Privacy Rights Act (California Civil Code § 1798.100 et. seq.) provides you with specific rights regarding your Personal Information. These include:

  • Right to Know: Upon verification of your identity you may exercise, no more than twice in any 12-month period, the right to know what Personal Information we collected about you in the immediately preceding 12-month period, including the categories of Personal Information, the categories of sources from which the Personal Information was collected, the business or commercial purposes for which the Personal Information was collected, sold, shared, the categories of third parties with whom we share the Personal Information, and the specific pieces of Personal Information we collected about you.

  • Right to Correct: You have the right to correct inaccurate Personal Information that we maintain about you.

  • Right to Delete: You have the right to request that we delete Personal Information that we collected from you and retained, subject to certain exceptions.

  • Right to Opt-Out of the Sale/Sharing: You have the right to opt out of the future sale of your Personal Information. The law defines "sale" very broadly to include making data available to third parties in some cases. Like many organizations, we engage third parties to help us deliver interest-based advertisements and to deploy online tracking technologies or other online marketing services. In doing so, we may make available or transfer your Personal Information (e.g., Identifiers, Online Activity data, Geolocation data, Commercial Information, and Inferences about your use of our Digital Platforms or Services) to Advertising Companies (e.g., advertising agencies, advertising servers, sponsored content providers, social media platforms and other similar technology companies). Making such Personal Information available to Advertising Companies may constitute a "sale" of data under the CCPA. You have the right to opt out of this disclosure of your Personal Information, which may be considered a “sale” or “sharing” under California law, as set forth below. Global Privacy Control. You may opt-out of such “sale” or “sharing” by implementing the Global Privacy Control (“GPC”) signal in your browser. You can go to this website to learn more about the GPC signal and how to implement it: https://globalprivacycontrol.org Other Ways to Opt Out. You may request to opt-out by filling out our "Your Privacy Choices" form or by contacting us using the information provided in the "Contact Us" section below. Note, if you wish to disable cookies, you must separately make such a designation as set forth in Section 2 above. You also may adjust your device or browser's settings to limit how your online usage data and device data is shared with third parties. Please refer to the "Your Choices Regarding Your Personal Information" section, above, for more information about additional choices you may have for managing the collection of your Personal Information for analytics and advertising purposes. We do not knowingly sell the Personal Information of minors under 16 years of age. After you submit a request regarding Your Privacy Choices, we may continue to share some Personal Information with our service providers that do not constitute "sales" to help us perform advertising-related functions, including measuring the effectiveness of our ads, managing how many times you see an ad, reporting the performance of our ads, and improving when and where you see our ads. Any opt-out choices you make will only apply to the specific email address that you provide when making the request. To the extent that information disclosed is not identifiable to you, based on the information submitted with your request or based on how information is stored in our systems, e.g., not stored in a manner that allows us to link it with you, the law does not require us to identify this information and apply your request to same.

  • Right to Limit the Use or Disclosure of Sensitive Personal Information: You have the right to request that we limit the use and disclosure of your Sensitive Personal Information to specific business purposes approved by the CCPA. Our use of Sensitive Personal Information is already limited to the approved business purposes identified above. Please note that the only Sensitive Information that will be shared is your photograph, video or audio recording provided in testimonials with your consent. You may request to opt-out by filling out our "Your Privacy Choices" form or by contacting us using the information provided in the "Contact Us" section below.

  • Non-Discrimination: Unless permitted by applicable law, we will not discriminate against you for exercising any of your privacy rights under CCPA or applicable law, including by, but not limited to:

    • Denying you goods or services;

    • Charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

    • Providing you a different level of quality of goods or services; or

    • Suggesting that you will receive a different price or rate for goods or services or a different level of quality of goods or services.

Exercising Your Rights - Only you or an authorized agent may make a verifiable consumer request related to your Personal Information. To exercise your rights, submit your request online, which will be reviewed and responded to by SunPower's Privacy Review Team. You may also submit your request telephonically by calling SunPower at 800-786-7693 and asking to speak with a member of our Privacy Review Team, who will handle your request. Please note that these rights apply only to California consumers and business contacts.

Designating a Third-Party to Act on Your Behalf - Except where you have provided an agent with a Power of Attorney pursuant to Sections 4000 – 4465 of the California Probate Code, when using an authorized agent you must: (1) provide the agent with signed permission clearly describing their authority to make a request on your behalf; (ii) verify your own identity; and (iii) directly confirm that you have provided the authorized agent permission to submit the request. We may deny a request from an authorized agent if the agent does not provide us with the signed written permission demonstrating that they have been authorized to act on your behalf.

Verifying Your Requests - The verifiable consumer request initiated by you or your authorized agent must:

  • Include your full legal name, email, and phone number, which we will need to contact you in order to verify that you are the person about whom we collected Personal Information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. Upon receiving your request, we may also contact you via email and/or other secure communication channels to verify your identity. In certain instances, e.g., a mismatch against known information or where you are seeking information on behalf of another person with authorization, we may seek additional verification from you, which may be in the form of you providing a copy of a valid, government issued identification or a notarized attestation. We will only use this information to verify the requestor’s identity or authority to make the request.

Exceptions - These rights are not absolute and are subject to certain exceptions. For example, we cannot disclose or permit access to specific pieces of Personal Information if granting your request would present a certain level of risk to the security of the Personal Information at issue, your account with us, or the security of our Services. Additionally, the CCPA does not apply to personal information collected, processed, sold, or disclosed pursuant to the federal GLBA and its implementing regulations, or the California Financial Information Privacy Act (Financial Code Section 4050, et seq.). We may deny your deletion request if retaining the information is necessary for us or our service providers and/or contractors to:

  • Complete the transaction for which we collected the Personal Information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended functionality.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

Other California Privacy Rights - California's "Shine the Light" law (Civil Code § 1798.83) permits California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at the addresses below.

13. LEGAL DISCLAIMER

SunPower, as opposed to any of its officers, employees, or individual members in their personal capacities, is solely responsible for all content and information that it posts on the Digital Platforms.

14. CONTACT US

If you wish to contact us, please contact us at the following addresses and include your name, address, and e-mail address in your correspondence to us:

SunPower Customer Service 880 Harbour Way South, Suite 600 Richmond, CA 94804

By Telephone at: 800-786-7693

Or through the Help Center on the mySunPower app