Lunar Energy Privacy Policy

Last Updated: 6 October 2023

Lunar Energy, Inc. and its affiliates (“Lunar,” “we,” “our,” and/or “us”) values the privacy of individuals who use our website (https://www.lunarenergy.com (our “Site”)), customer mobile application (the “Lunar Energy App”), installer application (the “Installer App”), home battery system and associated hardware (the “Lunar Home Battery System”), and related services, such as through participation in a grid services program operated by Lunar (collectively, our “Services”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share personal information from or about the users of our Services (“you” or your”). By using our Services, you agree to the collection, use, and disclosure of your personal information as described in this Privacy Policy. Beyond the Privacy Policy, your use of our Site is also subject to our Terms of Service.

INFORMATION WE COLLECT

We may collect a variety of personal information from or about the devices you use to access the Services from various sources, as described below.

A. Information You Provide to Us

Account and Profile Information.  When you sign up for an account, register to use our applications, or sign up for notifications or updates, we ask you for your name and email address.  After you create an account, you may also be asked to update your profile, and provide us with your address and information related to your utility provider, such as the name of your utility provider, your energy tariff, and other relevant information about your energy usage.

Communications.  If you contact us directly, we may receive personal information about you.  For example, if you contact us through a form on our Services, we will receive any information you provide on the form such as your name, email address, country, zip code, solar array size and/or monthly electricity bill, and the contents of your message.  When you communicate with us online, third party vendors may receive and store these communications on our behalf.  When we send you emails, we may track whether you open them, or whether you access any links included in our emails, to learn how to deliver a better customer experience and improve our product offerings through our website.

Careers.  If you decide to apply for a job with us, you may submit your contact information and your resume online.  We will collect the personal information you choose to provide us as part of your job application, such as your contact information, education, and employment experience.  If you apply for a job with us through a third-party platform (such as LinkedIn) or job board, we will collect the personal information you make available to us through such third-party platform or job board.

B. Information We Collect When You Use Our Site

Location Information.  When you use our Site, we may infer your general location information (for example, your IP address may indicate your general geographic region).  If you have the Lunar Home Battery System, we also receive the location of the home where it is installed.  We use this location information to enable our optimized battery control and to generate predictions about your household energy behavior in connection with your use of the Services.

Device Information.  We receive information about the web browsers and devices you use to access our Services, including internet protocol (IP) address, web browser type, operating system version, and device identifiers.

Usage Information.  To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with our Services, like how you use our applications and how often, the pages or other content you view, the searches you conduct, and the dates and times of your visits.

Information Automatically Collected from Your Lunar Home Battery System.  If you have the Lunar Home Battery System, we automatically receive information related to your household energy consumption and solar energy generation, battery usage, and utility grid import and export.  Depending on your hardware configuration, we may also receive energy consumption information related to specific circuits or electrical devices in your home.

Information Automatically Collected from Lunar and Other Home Battery Systems for Grid Services Programs. By participating in a grid services program operated by Lunar, you authorize us to automatically receive and store information related to the operation of your home battery to facilitate your participation in the program. This includes information regarding your home battery’s installed location, energy consumption and charging, power rating, energy capacity, device identifiers, and other energy telemetry and battery configuration information.

Information from Cookies and Similar Technologies.  We and third-party partners collect information using cookies, pixel tags, or similar technologies.  Our third-party partners, such as analytics partners, may use these technologies to collect information about your online activities over time and across different services.  Cookies are small text files containing a string of alphanumeric characters.  We may use both session cookies and persistent cookies.  A session cookie disappears after you close your browser.  A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Site.  Below is an overview of the types of cookies we and third parties may use to collect personal information.

• Strictly necessary cookies. Some cookies are strictly necessary to make the Site available to you. We cannot provide you with the Site without this type of cookie.
• Functional cookies. These are used to recognize you when you return to the Site.  This enables us to adapt our content for you, and remember your preferences (for example, your choice of language or region).
• Analytical or Performance cookies.  We also use cookies for analytics purposes in order to operate, maintain and improve our Site.  We may use our own analytics cookies or use third party analytics providers such as Google Analytics to collect and process certain analytics data on our behalf.

Where required by applicable law, we obtain your consent to use cookies.

Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings.  Please note that if you delete or choose not to accept cookies from our Site, you may not be able to utilize the features of our Site to its fullest potential.

C. Information We Receive from Third Parties

Installation Partners.  If you receive a Lunar Home Battery System from one of our partners in connection with your use of the Services, we may receive information about you, such as your address, the location and photos of the installation, or information about your house related to the installation, from our installation partners.  We use this information to validate proper installation and improve performance of our Services.

Grid Services Program Partners. If you participate in a grid services program operated by Lunar and sign up through your battery installer or another third party, that party will send us information about you, your service address, your phone number, the battery installed in your home and its capabilities, your electric utility provider, and IDs related to your utility service and battery.

Other Third Parties. We may receive additional personal information about you from third parties such as data or marketing partners and combine it with other personal information we have about you.

HOW WE USE THE INFORMATION WE COLLECT

We use the personal information we collect:

• We use the personal information we collect:
• To provide, maintain, improve, and enhance our Services;
• To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, respond to comments and questions, and otherwise provide support;
• To enable staff and installer training;
• For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you;
• To send you text messages and push notifications;
• To process job applications;
• To find and prevent fraud, and respond to trust and safety issues that may arise;
• To validate delivery of grid service or other energy management programs to utilities, system operators, energy regulatory authorities, or other energy market entities;
• For compliance purposes, including recordkeeping requirements for our grid services programs, enforcing our Terms of Service, End User Agreement and other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
• For other purposes for which we provide specific notice at the time the personal information is collected.

HOW WE SHARE THE INFORMATION WE COLLECT

We do not share or otherwise disclose personal information we collect from you except as described below or otherwise disclosed to you at the time of the collection.

Affiliates.  We may share any personal information we receive with our affiliates for any of the purposes described in this Privacy Policy.

Utilities and Other Energy Institutions. We may share your address, energy consumption and generation, and utility details with your energy utility provider, independent system operators, regional transmission organizations, solar companies and similar entities providing energy-related services to your home to register you for services provided by or to those entities and validate delivery of those services.

Energy Regulatory Authorities. If you participate in a grid services program operated by Lunar, we may be required to disclose information regarding your home battery system, including your home battery’s power rating and energy capacity, and your utility provider and service agreement ID to government energy regulatory authorities involved in the administration of grid services programs.

Installation Partners. With your consent, we may share your name, address, email address, and phone number, and information about your property with our installation partners so that they can contact you about your interest in our product. These communications may include promotional content and may be sent using an automatic telephone dialing system, including via text message. These installation partners include Sunrun.

Vendors and Service Providers.  We may share any personal information we receive with vendors and service providers as required and in connection with the provision of our Services.  For example, we use third-party vendors to monitor your use of certain consent forms for legal compliance purposes, including the collection of a real-time recording of information about your device, information you input into the form, and fields you click.

Marketing.  We do not rent, sell, or share personal information about you with non affiliated companies for their direct marketing purposes as contemplated by California’s “Shine the Light” law (Civil Code § 1798.83) unless we have your permission.

Analytics Partners.  We use analytics services such as Google Analytics, Google Search Console, and SEMrush to collect and process certain analytics data.  These services may also collect information about your use of other websites, apps, and online resources.  You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/ and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.  You can learn more about SEMrush practices by visiting its privacy policy at https://www.semrush.com/company/legal/privacy-policy/.

Third-Party App Integrations. If you connect a third-party application to our Services, we may share information such as your name, email, images, and whatever content you choose to share with that third party.

As Required by Law and Similar Disclosures.  We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety.  For the avoidance of doubt, the disclosure of your personal information may occur if you post any objectionable content on or through our Site.

Merger, Sale, or Other Asset Transfers.  We may disclose and transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our business or assets.

Consent. We may also disclose personal information from or about you or your Web-Browsing Devices with your permission.

YOUR RIGHTS AND CHOICES

Requesting Data Related to Household Energy Behavior.  Users of the Lunar Energy App may access information related to their household energy behavior by requesting that data via the Lunar Energy App.

Update Your Account.  You can update your Lunar Energy App account and profile information or delete your account through your profile settings.  If you delete your account, you will lose access to your account, your personalized household energy information, and smart optimization services offered through the Lunar Energy App. Please note that even if you delete your account, we will still receive certain information from your Lunar Home Battery System and send instructions to that device for safety and warranty purposes.

Marketing Communications.  You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.

If you choose not to provide us with the information we require, some features of our Services may not work as intended.

Grid Services Program. If you end your participation in a grid services program operated by Lunar in accordance with the program’s terms and conditions, please note that it may take some time to process your request and disable Lunar’s automatic collection of information from your home battery system in connection with the program. Ending your participation in the grid services program will not have any effect on our processing of information through other aspects of our Services, such as the Lunar Energy App or your use of other energy-related services. Please also note that Lunar may be required by law to retain certain information regarding your participation in the grid services program for recordkeeping and reporting purposes even after you end your participation.

THIRD PARTIES

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any personal information you disclose to these third parties. We encourage you to read their privacy policies before providing any personal information to them.

SECURITY

We make reasonable efforts to protect your personal information by using physical and electronic safeguards designed to improve the security of the personal information we maintain. However, as no electronic transmission or storage of personal information can be entirely secure, we can make no guarantees as to the security or privacy of your personal information.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at legal@lunarenergy.com.

INTERNATIONAL VISITORS

Our Services are hosted in the United States (“U.S.”) and intended for visitors located within the U.S. If you choose to use our Site from the European Economic Area (“EEA”), the United Kingdom (“U.K.”) or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our Services. We may transfer information from the EEA or the U.K. to the U.S. based on Standard Contractual Clauses, as needed to perform the services that you have requested from us, or with your consent. By providing any information, including personal information, on or to our Services, you consent to such transfer, storage, and processing. For more information, users based in the EEA and the U.K. should view our Addendum for European Users.

CHANGES TO THIS PRIVACY POLICY

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted.

CONTACT INFORMATION

If you have any questions, comments, or concerns about our processing activities, please email us at legal@lunarenergy.com or write to us at 755 Ravendale Dr, Mountain View, CA 94043.

Addendum for European Users

This Addendum for European Users supplements our Privacy Policy and applies to users of our Site who are located in the EEA or the U.K. (“European Users”). For European Users, “personal information,” as used in the Privacy Policy, means any information relating to an identified or identifiable individual.

LEGAL BASES FOR PROCESSING EUROPEAN PERSONAL INFORMATION

If you are located in the EEA or the U.K., we only process your personal information when we have a valid “legal basis”, including when:

• Consent. You have consented to the use of your personal information, for example to use cookies.
• Contractual necessity. We need your information to provide you with the Site, for example to respond to your inquiries.
• Compliance with a legal obligation. We have a legal obligation to use your personal information, for example to comply with tax and accounting obligations.
• Legitimate interests. We or a third party have a legitimate interest in using your personal information. In particular, we have a legitimate interest in using your personal information for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Site. We only rely on our or a third party’s legitimate interests to process your personal information when these interests are not overridden by your rights and interests.

YOUR EUROPEAN PRIVACY RIGHTS

European Users have the additional rights described below.

• You may request access to the personal information we maintain about you, update and correct inaccuracies in your personal information, restrict or object to the processing of your personal information, have the personal information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your personal information to another company.  In addition, you have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
• You may withdraw any consent you previously provided to us regarding the processing of your personal information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before you withdrew your consent.

You may exercise these rights by contacting us using the contact details at the end of the Privacy Policy. Before meeting your request, we may ask you to provide reasonable information to verify your identity. Please note that there are exceptions and limitations to each of these rights, and that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain information for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

RETENTION

We take measures to delete your personal information or keep it in a form that does not permit identifying you when this personal information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this personal information for a longer period. When determining the specific retention period, we take into account various criteria, such as the type of service provided to you, the nature and length of our relationship with you, and mandatory retention periods provided by law and the statute of limitations.