Website Data Protection & Privacy Policy

This is the website data protection policy and privacy notice (“Policy”) for Luminace (as defined below).

At Luminace, we respect your privacy and this Policy governs how Luminace collects, processes and uses your Personal Data (as defined under applicable law) when you use the Websites (as defined below).

This Policy may change from time to time and you should review it periodically. This Policy was last updated March 2023.

If you are a California resident, click here to view “Your California Privacy Rights,” in Section 10, and our notice at collection for information provided pursuant to California law.

The following definitions shall apply to this Policy:

“Luminace”, “we”, “us”, “our” means Luminace Holdings, LLC and its subsidiaries and those subsidiaries of TerraForm Power Operating, LLC that form part of the Luminace business.

“Websites” means Luminace websites that link to this Policy unless such websites have their own data protection policy and privacy notice on their websites.

If you are a Luminace employee, Luminace's policies and practices regarding the collection and processing of your Personal Data are detailed in Brookfield Renewable Employee and Personnel Data Protection Policy and Privacy Notice. If you make an application for employment with Luminace, the collection and processing of your Personal Data is detailed in Luminace's Applicant Data Protection Policy and Privacy Notice, which is available here Applicant Privacy Policy

For all other individuals, Luminace may collect and process the following categories of Personal Data about you, depending on how you interact with us, from the sources identified as follows:

(a) We collect Contact Information and Demographic Information. We collect and process Personal Data directly from you as part of completing and submitting forms to us (including, but not limited to, name, age, date of birth, address, gender, nationality, citizenship, phone number, email address, and contact information). We collect business contact information from our business customers, including a job title, company name, and business email or phone number. We may collect this information when you sign up for our emails, attend an event, contact us, or submit a request to us. Our vendors and service providers may also give us this information. Please note that if you do not provide certain Personal Data to Luminace when requested (and where relevant, provide your consent) we may not be able to provide you with access to all areas of the Website and associated services.

(b) We collect Device, Internet, and Network Activity Information. We collect technical information passively through cookies, web beacons, pixels, tags, and other tracking tools (see below) about the services that you use and how you use them. We may also collect this information through our ads and emails we send. This technical information includes device identifiers, IP address, your navigation throughout the Websites, how often and when you visit, and other technical and browsing preferences including your general location and entry point to the Websites. We collect information about your browser, operating system, and Internet connection, and the pages you visit. We collect information about users over time and across different websites when you use the Website. For example, we may look at what site you came from, or what site you visit when you leave us. Third parties help us collect personal information this way, including Google Analytics. Learn more about how you can control these tools in Section 10, “Your Privacy Rights and Choices” below.

(c) We collect Payment Information. We collect billing information, including your credit card information and billing address, in connection with certain services we offer. We collect financial account numbers, payment routing information, and government ID numbers from our business contacts. Our vendors and service providers may also give us this information.

(d) We collect Location Information. We collect information about your general location, using your address, ZIP code, and IP address.

(e) We collect Identity Verification Information. For security purposes, we may collect identity verification information from you, such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws, or other authentication information.

(f) We collect other Personal Data you submit or send to us. We may collect Personal Data that you provide when you contact Luminace for any reason, such as to express an interest in obtaining additional information about our services, direct questions or concerns about our services to us, use a “Contact Us” form or similar features, sign up for our emails or attend an event, or download certain content. Such information may include contact information such as name, job title, company name, phone number, and email address.

(g) We collect Reputation & Background Check Data. We may collect Personal Data from you and from third parties in connection with performing diligence on our service providers and business partners. This data may include contact details, information concerning business practices, creditworthiness, reputation and business history, and job titles or roles.

(h) We collect Inferences. We collect and draw inferences about you, such as your interests, your preferences, and your characteristics, using Personal Data collected about you.

Some of this information, including payment information and government ID numbers, may be considered “sensitive” under the laws of certain jurisdictions. Whether information is sensitive information will depend on the laws of your jurisdiction.

Each of the above categories of Personal Data may be collected, stored, disclosed and processed by Luminace as permitted by law and for the following business purposes:

(a) to provide you with marketing communications and inform you about news and information relating to our business and services, including new product launches, product updates and general business news (see Section 10 below for further information);

(b) to assess your application for Luminace's products and services, where applicable;

(c) to understand your needs and interests and to respond to your enquiries;

(d) to analyze and improve our services;

(e) for the management and administration of our business;

(f) to provide you with the products and services for which you subscribe;

(g) to comply with and in order to assess compliance with applicable laws, rules and regulations (including tax reporting purposes pursuant to tax legislation), industry codes, voluntary codes we decide to adopt, or good practice, anywhere in the world and internal policies and procedures including the Websites Terms of Use;

(h) to confirm and verify your identity (this may be for a privacy rights request, or it may involve the use of a credit reference agency or other third parties acting as our agents); to conduct due diligence, background and related checks; and to screen against publicly available government and/or law enforcement agency sanctions lists (ourselves or through third party providers we use to conduct these verifications and searches);

(i) to detect, investigate and prevent fraud and other crimes or malpractice;

(j) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or to communicate with you about this Policy or our Website Terms of Use;

(k) to obtain legal advice or to establish, exercise or defend legal rights;

(l) the administration and maintenance of databases storing Personal Data;

(m) to comply with our contractual obligations;

(n) for ongoing review and improvement of the information, content and services provided on the Websites to ensure they are user friendly and to prevent any potential disruptions such as cyber-attacks;

(o) to analyze and report on the Website's traffic, marketing and usage trends;

(p) to allow you to use and access functionality provided by the Websites;

(q) to conduct analysis required to detect malicious data and understand how this may affect your IT system;

(r) for statistical monitoring and analysis of current attacks on devices and systems for the on-going adaption of the solutions provided to secure systems and devices against current attacks;

(s) for in-depth threat analysis; and

(t) for purposes we disclose when we collect your information, or as otherwise set out in this Policy.

We use certain categories of Personal Data for targeted advertising, cross-context behavioral advertising, and interest-based ads. We and our third-party advertising partners display targeted advertising, cross-context behavioral advertising, and interest-based advertising using information from cookies and tracking tools and inferences gathered about you over time and across websites, apps, or other platforms. These ads can be served on websites, on social media, in apps, and in emails. The ads may be based on your browsing habits, purchases, location, or online activities. The ads can be about our products or other companies’ products and services. We and our third-party partners gather information about you for this purpose from the cookies, pixels, tags, web beacons, and other tracking tools described in this Policy. Our partners might also link your name or email address to other information they collect. Learn more about these third-party partners in Section 5, below. Sharing your information in connection with these advertising activities may be considered a “sale” or “sharing” as defined under certain privacy laws. Learn more about your choices for this kind of advertising in Section 10, “Your Privacy Rights and Choices,” below.

We use Sensitive Information for necessary or reasonably expected purposes – specifically, to provide you with services (i.e., to accept and make payments), to perform diligence on our service providers and business partners, for tax purposes, and as authorized by law.

We combine information. We may combine information collected online with information collected offline. We may combine information that we get from another party with information we already have.

We use de-identified or aggregated data for any purpose, unless prohibited by law. We aggregate your information with other individuals’ information to understand preferences and trends over time. We do not attempt to re-identify de-identified data, except as permitted or required by law.

If you are located in a jurisdiction which requires us to obtain your consent to collect, use, store, process and disclose your Personal Data, you understand that by accepting the terms of this Policy you expressly provide your consent to Luminace collecting, using, storing, processing and disclosing your Personal Data as set out in this Policy.

Luminace may share or provide access to your Personal Data among its affiliates and business units and to third parties, agents, service providers, and contractors outside of Luminace:

(a) for the purpose of the management and administration of Luminace's business;

(b) in order to facilitate the provision and enhancement of services to you (including the management of your project);

(c) for the purpose of the administration and maintenance of the databases storing Personal Data;

(d) to the extent required by law (for example, if Luminace is compelled by an obligation or a duty to disclose your Personal Data where we believe it is necessary or appropriate to comply with any legal obligation, rule, regulations or internal Luminace policies and procedures, including (without limitation) in order to comply with tax reporting requirements and other statutory reporting and disclosures to regulatory authorities), to establish, exercise or defend its legal rights, or disclosure to regulatory bodies or government agencies and in order to investigate unauthorized attempts to modify the Websites, install harmful files or cause damage to the Websites or to Luminace);

(e) as part of a transaction, financing, or for other business needs (for example, if Luminace sells any of its businesses or assets, applies for a loan, or opens bank accounts, in which case Luminace may need to disclose your Personal Data to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes); or

(f) if Luminace or any of its affiliates, divisions or business units is acquired by a third party, including in the unlikely event of a bankruptcy, in which case the Personal Data held by Luminace about you will be accessible to, and may be acquired by, the third party buyer.

Luminace may share Personal Data with service providers for the purposes of Luminace receiving services. For example, Personal Data may be shared with Luminace’s accountants, administrators, auditors, service providers, custodians, depositories, third party managers, paying agents, professional advisors, IT and communications providers or any entity we reasonably consider necessary for the purposes outlined above. These service providers will be expected to be subject to confidentiality requirements (either by contract, professional obligation, duty or otherwise) that require them to only use your Personal Data as described in this Policy.

Luminace may share Personal Data with advertising partners for marketing purposes. We share information with third-party advertising partners though tracking tools on our Websites. We may also share email addresses or other contact information with third-party partners so they can serve our advertising on their platform. These third-party partners include social media platforms, analytics companies, advertising networks, data brokers, and advertising technology companies. Personal Data received by these companies may also be subject to their privacy policies. These third parties may also share your information with others. These third parties may use the information for their own marketing purposes or the marketing purposes of others. This may include the delivery of targeted advertising, cross-context behavioral advertising, and interest-based advertising.

Luminace may share de-identified or aggregated data with third parties and service providers for any purpose, including in order to facilitate our business operations.

The Websites may contain links to other party websites that are not governed by this Policy. Linked sites may have their own privacy notices or policies, which you should review. Luminace is not responsible for the content of links or third party websites and your use of such third party websites is at your own risk.

Luminace operates globally. This means Personal Data may be processed and disclosed as described above, in any country in which we conduct business or have a service provider. Accordingly, when you provide your Personal Data to Luminace, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, Luminace affiliates or agents, and Luminace IT servers) located in jurisdictions other than your own, including but not limited to Canada.

In other circumstances, data protection and privacy laws may permit Luminace to otherwise transfer your Personal Data outside your jurisdiction provided it is in compliance with such data protection and privacy laws.

Luminace has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data, as well as to maintain the security of our information and information systems in respect of Personal Data, but the Internet is not 100% secure. We cannot promise that your use of our Websites will be completely safe.

When you contact a Luminace employee about your file, you may be asked to confirm some details relating to the Personal Data Luminace holds about you. This type of safeguard is designed to ensure that only you, or someone authorized by you, has access to your file.

The period for which Luminace will hold your Personal Data will vary and will be determined by the following criteria:

(a) The purpose for which Luminace is using it. Luminace is required to retain the Personal Data for as long as is necessary to satisfy or meet the purposes for which it was obtained including applicable legal or regulatory requirements, the length of our relationship with you, your requests, your continued use of our Websites, and ongoing obligations such as contracts and services; and

(b) Legal Obligations. Laws or regulations may set a minimum period for which Luminace must retain your Personal Data.

Depending on the requirements of the data protection law of your jurisdiction, Luminace will take reasonable steps using appropriate technical methods in the circumstances to delete or destroy your Personal Data when we no longer have a legal basis to retain it or to ensure that the information is anonymized or irrecoverable.

You can opt out of our marketing communications. To stop receiving our marketing emails, follow the instructions in any marketing email you get from us. Even if you opt out of receiving marketing emails, we will still send you transactional messages. These include responses to your questions and requests.

Residents of certain US states can exercise privacy rights. To the extent provided by the law of your jurisdiction, you may have legal rights in relation to the Personal Data about you that Luminace holds. If you live in California, Colorado, Connecticut, Utah, or Virginia, you (or your authorized agent) can:

• Ask for access to your Personal Data. We will provide access to your personal information in a portable and (to the extent technically feasible) a readily usable format in accordance with applicable law. You can also request to confirm the processing of your personal information and request to revoke your prior consent.
• Ask us to delete your Personal Data. Please note that your information may not be deleted in its entirety from our systems, and some information may be kept to comply with legal exceptions or obligations. We may also keep an archived copy of your records as required by law or for legitimate business purposes.
• Ask us to correct your Personal Data.
• Appeal our decisions, if you are not satisfied with the outcome of your request. Please send appeals by email with “Attention: Privacy Appeal” in the subject line.
• How to submit: If you are eligible to make a request, you can do so by email at privacy@luminace.com, via webform at Privacy Web Form, or by phone at 1-888-914-9661 PIN 003374 (press # after the message to ensure that the request is submitted). We will use commercially reasonable efforts to honor your request in accordance with applicable law, and we will verify your identity by email. If you have an authorized agent submit a request on your behalf, we may still verify your identity and their authority to submit a request for you. We will not discriminate against you for exercising any of the rights outlined in this Policy.
California residents can also view additional information and our notice at collection under “Your California Privacy Rights,” below.

You can opt-out of sale / targeted advertising on our Websites. You can opt out of the “sale” of your personal information, as well as certain types of “targeted advertising” on our Website (as these terms are defined under applicable laws and as described in Sections 4 and 5). Your request will be processed and fulfilled in accordance with applicable laws. To make a request, click Do Not Sell or Share My Personal Information here, or in the footer of our Site.

You can control certain cookies and tracking tools. Your browser or device may give you the ability to control cookies or other tracking tools. How you do so depends on the browser. To control flash cookies, you can go here. Why? Because flash cookies cannot be controlled through your browser settings. The Digital Advertising Alliance also offers tools to opt out of certain interest-based advertising by visiting optout.aboutads.info and optout.privacyrights.info. If you block or reject cookies and tracking tools, certain features on our Websites may not work, and not all of the tracking describe in this Policy will stop.

Our Do Not Track Policy: Some browsers have “do not track” features that allow you to tell a website not to track you. We will respond to opt-out preference signals to the extent required by law for your browser or device (such as Global Privacy Control, https://globalprivacycontrol.org/), but we cannot link this information to your account and we do not respond to “do not track” signals. Your selections are specific to the device, website, and browser you are using, and are deleted whenever you clear your browser’s cache.

Google Analytics: Our Websites use Google Analytics, including certain advertising features to better understand our users, create audiences for our ads, and to evaluate and improve our platforms. For more information on how to opt out of these tools, please visit https://tools.google.com/dlpage/gaoptout and http://www.google.com/safetycenter/tools/#manage-your-ads-preferences.

If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third-parties certain categories of information that identifies you. Luminace does not share Personal Data with third parties for those third parties’ own direct marketing purposes.

If you live in California, you have the right to make the following more specific requests with respect to your Personal Data. We will not discriminate against you for making any of these requests.

• Know / Access – You have the right to request that we disclose to you the categories of Personal Data we collected about you, the categories of sources from which we collected the Personal Data, the categories of Personal Data we sold or disclosed, our business or commercial purpose for collecting, selling, or sharing the Personal Data, the categories of third parties to whom we disclosed the Personal Data, and the specific pieces of Personal Data we collected about you.
• Deletion – You have the right to request that Luminace delete your Personal Data, except in circumstances where Luminace is legally entitled to retain Personal Data regardless of any such request.
• Correction – You can ask us to correct inaccurate Personal Data that we maintain about you.
• Do Not Sell or Share My Personal Data – You have the right to opt out of the sale or sharing of your Personal Data to any third parties by visiting our Do Not Sell or Share My Personal Information page. For purposes of this Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, and “sharing” means any disclosure of personal information (renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means) to third parties for cross-contextual behavioral advertising purposes; in each case, subject to certain exceptions under California law. Your selections are specific to the device, website, and browser you are using, and are deleted whenever you clear your browser’s cache.
If you are a California resident, Personal Data will include the full definition of “Personal Information” under the CCPA.

How to Submit: If you wish to exercise any of the rights enumerated in this section, please contact us at privacy@luminace.com, via webform at Privacy Web Form, or by phone at 1-888-914-9661 PIN 003374 (press # after the message to ensure that the request is submitted).

Additional Information: We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate consumer requests. We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us. California residents may designate an authorized agent to make a request on their behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent.

Additional Disclosures: For purposes of exercising these rights, please note the following regarding how we collect and use your Personal Data as described in this Policy:
• We may collect and use, for our business and commercial purposes, the following categories of Personal Data: Identifiers; payment information; Internet or other electronic network activity information; demographic information; commercial information; professional or employment information; inferences; and geolocation data. For more information, see Section 3.
• We collect and use these categories of personal information for the business and commercial purposes described in Section 4 of this Policy. We collect these categories of personal information from the sources described in Section 3 of this Policy. To the extent permitted by applicable law, we may disclose these categories of personal information for the business and commercial purposes described in Section 4 of this Policy to the categories of third parties described in Section 5 of this Policy.
• We may “sell” or “share” the following categories of personal information: Identifiers; Internet or other electronic network activity; demographic information; inferences; and geolocation data. We may “sell” or “share” these categories of personal information to the social media platforms, advertising networks, analytics companies, and ad tech companies described in Section 5 of this Policy (to the extent permitted by applicable law).

The Websites are intended for use by those over 18. We do not knowingly solicit, sell, share, or collect Personal Data on the Websites from children under the age of 18.

Canadian Anti-Spam Legislation requires that commercial electronic messages (“CEMs”) sent within Canada or into Canada from another jurisdiction may only be sent to individuals who opt into receiving them, subject to certain exceptions. Such consent may be implicit, such as by engaging in a prior business relationship, or by virtue of having one's email address listed in a public directory. These anti-spam laws also require senders to include an opt-out function such as an “unsubscribe” mechanism within a CEM. You may opt-out of the collection or use of your information by Luminace. In some cases, withdrawing your consent to the collection, use or disclosure of some or all of your personal information will prevent us from providing services to you. To opt-out, please contact Luminace Legal & Regulatory Department using the details set out below or use the opt-out facility provided in the CEM. Please note that in some cases Luminace is permitted to send you certain CEMs after you opt out, such as where required to enforce legal rights.

If you have any questions or concerns about Luminace's handling of your Personal Data, or about this Policy, please contact Luminace Legal Department using the contact information set out below.
Department: Legal
Email: privacy@luminace.com
Phone Number: 1-888-914-9661 PIN 003374