Privacy Policy

(Revision Date: April 10, 2023)

Sunworks, Inc., and its affiliated entities (“Sunworks”), respects your privacy and are committed to protecting your online privacy through our compliance with this policy (this “Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you visit the www.sunworksusa.com or www.solcius.com websites (collectively, our “Websites“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

On our Websites.
In e-mail, text and other electronic messages between you and our Websites.
Through mobile and desktop applications you download from our Websites, which provide dedicated non-browser based interaction between you and our Websites.
When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this Policy.

This Policy does not apply to information collected by:

Us offline or through any other means, including on any other websites operated by any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Websites.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites. By accessing or using our Websites, you agree to this Policy. This Policy may change from time to time (see the below section entitled “Changes to Our Privacy Policy”). Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Children Under the Age of 16

Our Websites are not intended for children under 16 years of age. No one under age 16 may provide any information to or on our Websites. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Websites or on or through any registers or forms on the Websites, make any purchases through the Websites, use any of the interactive or public comment features of the Websites or provide any information about yourself to us, including your name, address, telephone number, e-mail address of any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at:

Sunworks Legal

1555 N. Freedom Blvd.

Provo, Utah 84604

E-mail: Legal@Sunworksusa.com

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Websites, including:

The following protected personal information (described in Section 1798.80(e) of California Civil Code): name, signature, address, telephone number, email address, and financial information.
Identifiers, commercial information, biometric information, geolocation data and network activity information.
Employment and professional related information, as well as sensitive personal information about our employees, job applicants and vendors.

We collect this information:

Directly from you when you submit it though our Websites. Such information may include, but is not limited to, information provided at the time of registering to use our Websites, information you provide by filling in forms on our Websites, information you provide when requesting additional information and/or services on our Websites, or information provided when you report a problem with our Websites.
Automatically as you navigate through the Websites. Information collected automatically may include usage details, information about your equipment, browsing actions, and patterns, IP addresses, operating system, browser type, location data, communication data and resources you access and use on the Websites, and information collected through cookies, web beacons, and other tracking technologies.

The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Websites and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Websites according to your individual interests.
Speed up your searches.
Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites.
Web Beacons.Pages of our Websites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity.

Use of Collected Information

We use information that we collect about you or that you provide to us, including any personal information, for the following purposes:

To present our Websites and its contents to you, and to notify you about changes to our Websites or any products or services we offer or provide through the Websites.
To provide you with information, products, or services that you request from us.
To offer and perform services including but not limited to residential and commercial solar installation, design, engineering, procurement, and construction services.
For auditing relating to
For security detection, protection and enforcement.
For quality control, functionality and error repair.
For ad customization.
For internal research, analysis and product development.
For legal compliance.
To fulfill any other purpose for which you provide it.

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please send an e-mail to Legal@SunworksUSA.com or send mail to Solcius Legal, 1555 N. Freedom Blvd., Provo, Utah 84604, with clear instructions to that effect.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.We may disclose personal information that we collect, or you provide, as described in this Policy:

To our subsidiaries and affiliates.
To third parties who help provide our services to you. If you finance the purchase of our services through a third-party finance company, we might facilitate the transmission of additional financial information, such as income, identifiers and commercial information to these third-party finance companies. In doing this, we do not collect or retain this additional financial information but can inform you of the third-party finance companies to whom it was sent.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Sunworks’ or its affiliates’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Sunworks or its affiliates about users of our Websites is among the assets transferred.
For any other purpose disclosed by us when you provide the information.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

We disclose employee-related information to third party service providers such as payroll and benefits providers, government agencies (such as taxing authorities), and professional advisors. We use and process sensitive personal information collected from California employees, job applicants or vendors (including racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status) to comply with laws including anti-discrimination laws and disability accommodation laws. We do not process or disclose information for purposes other than the purpose for which it was originally collected unless required by law. We do not sell personal information and we do not disclose personal information for cross-context behavioral marketing, or any other purposes not listed above.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising.You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We currently do not use technology that recognizes a “do-not-track” signal from your web browser.
Promotional Offers from the Company.If you do not wish to have your e-mail address or contact information used by the Company to promote our own or third parties’ products or services, or if you do not want us to deliver advertisements according to our advertisers targe-audience preferences, you can opt-out by sending us clear instructions to that effect via e-mail to Legal@Sunworksusa.com or by mail to Solcius Legal, 1555 N. Freedom, Provo, Utah 84604. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Accessing and Correcting Your Information

You may send us an email to Legal@sunworksusa.com or mail to Solcius Legal, 1555 N. Freedom Blvd., Provo, Utah 84604 to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of their personal information to third parties for their direct marketing purposes. See Exhibit A for additional rights for California residents regarding our use of their personal information.
Colorado, Connecticut, Virginia, Utah and Nevada
See Exhibit B for additional rights for Colorado, Connecticut, Virginia, Utah and Nevada residents regarding our use of their personal information.

You Are Not Required to Provide Personal Information

Visitors to the Websites are not required to provide personal information. If you request information or forms from us, we may ask for information, such as your name, address, e-mail address, district, school, and title. You acknowledge that if you provide any such information to us, you are doing so voluntarily.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Websites, you are responsible for keeping this password confidential. We ask that you not share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites such as message boards. The information you share in the public areas may be viewed by any user of the Websites.

If you provide Us with credit card information to complete a purchase transaction or for verification purposes, we will transmit that credit card number in an encrypted format. We use industry-standard SSL (secure socket layer) encryption. Once we receive your transmission, we will make our best effort to ensure its security on our systems.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

Changes to Our Privacy Policy

The Policy in effect at the time you use this website governs how we may use your information. The date this Policy was last revised is identified at the top of this policy. If we make material changes to how we treat our user’s personal information, we will post the revised policy and the revised effective date on this website, and we will post a notice of the same on the Websites Home Page. Please check back here from time to time to review any changes.

Contract Information

To ask questions about or comment on this privacy policy and our privacy practices, please send your comments/questions via e-mail to Legal@Sunworksusa.com or by mail to Solcius Legal, 1555 N. Freedom Blvd., Provo, Utah 84604.