Energy Harbor Corp. (the “Company”) respects your right to privacy. This Privacy Notice summarizes what personal information we may collect, how we may use this information, and other important topics relating to your privacy and data protection.

It is the Company’s policy to comply with all applicable privacy and data protection laws. This commitment reflects the value we place on earning and keeping the trust of our customers, business partners, and others who share their personal information with us.

This Privacy Notice applies to the Company’s website (the “Website”), located at www.energyharbor.com. It also applies to personal information we may otherwise collect: (i) through our products and services; (ii) when you interact with us by means other than the Website, for example, in person or by telephone; and (iii) from our customers, distributors, suppliers, vendors, and other business partners (collectively “Business Partners”).

The Company’s Use, Collection, and Disclosure of Personal Information

To the extent required by applicable law, whenever the Company collects personal information, we will:

• provide timely and appropriate notice to you about our data practice through this Privacy Notice;

• collect your personal information only for specified and legitimate purposes. The information we collect will be relevant, adequate and not excessive for the purposes for which it is collected;

• process your personal information in a manner consistent with the purposes for which it was originally collected or to which you have subsequently consented;

• take commercially reasonable steps to ensure that your personal information is reliable for its intended use, accurate, complete, and, where necessary, kept up-to-date;

• not use your personal information for direct marketing purposes without giving you an opportunity to “opt-out”; and

• take appropriate measures, by contract or otherwise, to provide adequate protection for personal information that is disclosed to a third party or transferred to another country, including transfers within the Company. 

What Personal Information Do We Collect? 

The Company collects the following types of personal information:

Information You Provide

The Company collects personal information you provide us, which may include: (i) contact information, such as your name, company name, job title, address, e-mail address, and phone number; (ii) username and password for any accounts you may establish; (iii) additional information about how you use our products or services; (iv) comments, questions, requests, and orders you may make; (v) financial information needed to process payments if you make purchases, such as credit card or account information or tax identification number; and (vi) information about your preferences, such as your preferred methods of communication and the types of products and services in which you are interested.

Information Automatically Gathered from Your Device

Device and browser information:

The Company may collect technical information about your device, such as device type, browser type, IP address, operating system, and device identifier. The Company collects this information automatically from your device and web browser through cookies and similar technologies.

Information about how you interact with us:

The Company may collect technical data about your usage of the Website and how you interact with our digital advertisements and promotions, such as content viewed or downloaded, features used, links clicked, Company promotional emails opened, and dates and times of interactions. The Company collects this information using cookies and similar technologies.

Location information:

The Company may collect location information, including precise real-time location information from your device and imprecise location information derived from, for example, your IP address or postal code.

Cookies and Similar Technologies

Cookies:

A “cookie” is a file of information placed on your device when you visit a website. Cookies and similar technologies can enhance your user experience by saving your preferences, personalizing your online experience, and sometimes providing you with advertising which is tailored to your interests. 

The Website uses “session cookies.” A session cookie does not identify you personally and expires after you close your browser.

The Website also uses “persistent cookies.” These cookies do not expire when you close your browser. Persistent cookies stay on your computer until you delete them or they expire. By assigning your computer a unique identifier, we are able to create a database of your previous choices and preferences which can be provided by us automatically, saving you time and effort on future visits.

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled. You may wish to visit www.allaboutcookies.org which contains comprehensive information on how to modify the cookie settings on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile phone or tablet you will need to refer to your device manual. Please note that you will not be able to opt out of receiving certain cookies that are strictly necessary for the delivery of a service requested by you.

Analytics

The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, but please note that if you do this you may not be able to use the full functionality of this website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. To opt out of being tracked by Google Analytics across all websites, visit https://tools.google.com/dlpage/gaoptout.

Information from Business Partners and other Third Parties

The Company collects personal information through our Business Partners. This information may include contact information, such as name, company name, job title, address, e-mail address, and phone number.

The Company may also obtain personal information from other third-party sources, including publicly and commercially available sources. We may combine the information we receive from our Business Partners and other third-party sources with information that we collect from you or your device, as described above. 

You have choices about the personal information you provide the Company. You may choose not to provide information that we request, but if you do so, we may not be able to provide you a relevant product or service or a particular feature of the Website. 

How We Use Your Personal Information 

The Company may use your personal information to:

Develop and manage our relationships with you and our Business Partners

This may include: (i) delivering services or carrying out transactions that you or our Business Partners have requested; (ii) providing information about the Company’s products, services, transactions, and advertisements, that may be of interest to you; (iii) providing you and our Business Partners a more consistent experience in interacting with the Company, including by learning more about you and how you use and interact with the Website, products, and services; and (iv) planning, managing, and performing under our contractual relationships with our Business Partners.

Communicate with you or your company

This may include: (i) informing you of the Company’s products, services, and promotional activities that may be of interest to you or your company; (ii) providing information about relevant Company products, services, and transactions, including, for example, pricing information, technical data, invoice, shipping, or production information, warranty or recall information, or information about product or service improvements; (iii) responding to questions or inquiries that you make, including customer service requests; and (iv) inviting you to participate in, or informing you of the results of, customer satisfaction or market research surveys.

Provide and improve our Website, products, and services

This may include: (i) customizing them to your preferences or interests, making them more compatible with your technology, or otherwise making them easier to use; (ii) maintaining the security of and otherwise protecting them; and (iii) developing new Company Websites, products and services.

Address legal issues

This may include: (i) complying with our obligations to retain certain business records for minimum retention periods; (ii) establishing, exercising, or defending legal claims; (iii) complying with laws, regulations, court orders, or other legal process; (iv) detecting, preventing, and responding to fraud, intellectual property infringement, violation of our contracts or agreements, violations of law, or other misuse of the Website, products or services; and (v) protecting the Company’s rights or property, or yours or others’ health, safety, welfare, rights, or property.

The Company may also use your personal information for other uses consistent with the context in which the information was collected or with your consent.

The Company may anonymize or aggregate any of the information we collect and use it for any purpose, including for research and product-development purposes. Such information will not identify you individually. 

When We May Share Your Personal Information 

The Company will not disclose your personal information except as described here:

The Company may share your personal information with other Company entities. When we do so, these other Company entities will use your information in a manner consistent with this Privacy Notice and all applicable privacy and data protection laws.

The Company may also share your personal information with third parties we hire to perform support services for us and to help us use your personal information as described above. These third parties are required to treat your personal information in compliance with all applicable privacy and data protection laws.

In some cases, the Company may share your personal information with third parties who partner with us to provide products and services to our clients, such as distributors. If so, we will require our Business Partners to use that information in a manner consistent with this Privacy Notice and all applicable privacy and data protection laws.

The Company may share your personal information with third parties when we have a good faith belief that disclosure is necessary: (i) to comply with a law, regulation, court order, or other legal process; (ii) to detect, prevent, and respond to fraud, intellectual property infringement, violation of our contracts or agreements, violation of law, or other misuse of the Website, products or services; (iii) to protect the Company’s rights or property or yours or others’ health, safety, welfare, rights, or property; or (iv) under similar circumstances. If such an event occurs, we will take appropriate steps to protect your personal information.

The Company may share your personal information with third parties in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of the Company, or under similar circumstances. If such an event occurs, we will take appropriate steps to protect your personal information.

The Company may share your information with your permission or at your request.

The Company may share anonymized or aggregated information internally and with third parties for any purpose. Such information will not identify you individually.

Internet-Based Advertising 

As described above, we use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work/.

Security of Your Personal Information

Your personal information will generally be stored in the Company’s databases or databases maintained by our service providers. The Company maintains reasonable safeguards to protect the confidentiality, security, and integrity of your personal information. Although we use security measures to help protect your personal information against unauthorized disclosure, misuse, or alteration, as is the case with all computer networks linked to the Internet, we cannot guarantee the security of information provided over the Internet and will not be responsible for breaches of security beyond our reasonable control.

Links to Third-Party Internet Sites and Plugins

The Website may contain links to websites or mobile apps that are not operated by the Company and plugins from social media platforms and other third parties. Some examples of links to a third-party website include those websites operated by our Business Partners, suppliers, advertisers, sponsors, licensors, and other third parties. Examples of social media plugins are the Facebook “Like” button and the option to “Share” the Website through your email, Facebook, Twitter, Instagram, Pinterest, and YouTube. We provide these links and plugins as a service and do not imply any endorsement of the activities or content of the related websites, apps, or social media platforms, nor any association with their operators. To learn about the information collected by these third-party websites, apps, and plugins, please visit their privacy policies. We encourage you to review the privacy policies for the websites, apps, and social media platforms you visit before using them or providing personal information.

Retention of Your Personal Information

How long we keep your personal information will vary and will depend on the purpose and use of the information collected. There are legal requirements that we keep some types of data for specific periods. Otherwise, we will retain it for no longer than is necessary for the purposes for which the data was collected. 

Children

The Website is not intended for children under 13 years of age. The Company will not knowingly solicit or collect personal information from or about children under 13, or the relevant minimum age under applicable local legal requirements, except as permitted under applicable law.

Your Consent

By using the Website, you signify your acceptance of the terms set forth in this Privacy Notice and the practices described herein. If you do not agree to this Privacy Notice and such practices, please do not use the Website. Your continued use of the Website following the posting of any changes to this Privacy Notice will confirm your acceptance of such changes.

Changes To This Privacy Notice

Changes to this Privacy Notice will be posted on this Site, along with information on any material changes. The Company reserves the right to update or modify this Privacy Notice at any time and without prior notice. Any modifications will apply only to the personal information we collect after the posting.

Copyright © 2023 Energy Harbor Corp. All Rights Reserved.

EFFECTIVE AS OF: 3/12/2020

LAST UPDATED: March 30, 2020