U.S. Data Protection Policy and Privacy Notice

  1. INTRODUCTION

This U.S. data protection policy and privacy notice (“Policy”) describes how TerraForm Power (as defined below) collects, processes, and uses Personal Data (as defined under applicable law), including when you use our websites (as defined below), contact us, or provide us with certain Personal Data. You can also view our Website Terms of Use here.

Other policies may apply instead, depending on how you interact with us. If you are a TerraForm Power employee and a California resident, please see our California Employee Data Protection and Privacy Notice. If you submit an employment application to TerraForm Power and are a California resident, please see our California Applicant Data Protection Policy and Privacy Notice, available here.

This Policy may change from time to time, and you should review it periodically. This Policy was last updated in August 5, 2024.

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

  1. DEFINITIONS

The following definitions shall apply to this Policy:

“TerraForm Power”, “we”, “us”, “our” means entities owned, operated, and/or managed by TerraForm Power Partners, LP that conduct material business activities in the United States.

“Websites” means TerraForm Power websites that link to this Policy.

  1. THE TYPES AND SOURCES OF PERSONAL DATA WE COLLECT

Where this Policy applies, TerraForm Power may collect and process the following categories of Personal Data about you, depending on how you interact with us, and from the sources identified as follows:

(a) We collect Contact Information and Demographic Information. We collect and process Personal Data directly from you, 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. On some Websites, we collect a username and password if you create an account. We may also collect information related to your recreational or other use of a TerraForm Power project site. 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 TerraForm Power 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 Financial Information. 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 Audio/Visual Information. For example, when you visit certain properties, we may capture or collect photos and record audio and video (including through the use of security cameras and other technologies). Our service providers may collect information this way. We may provide such recordings and information to customers and governmental authorities, including, without limitation, law enforcement and public health officials, including for safety and security purposes.

(g) We collect other Personal Data you submit or send to us.   We may collect Personal Data that you provide when you contact TerraForm Power 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. We collect information you provide in connection with a survey response. Such information may include contact information such as name, job title, company name, phone number, and email address. It may also include information about how you use different TerraForm Power project sites – for example, for recreation.

(h) 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.

(i) 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 financial account information, account login 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.

  1. HOW WE USE YOUR PERSONAL DATA

Each of the above categories of Personal Data may be collected, stored, disclosed and processed by TerraForm Power 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 TerraForm Power'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) and to conduct due diligence, background and related checks. We will also screen against publicly available government and/or law enforcement agency sanctions lists. We may use third party providers 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 Websites 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;

(t) for targeted advertising and interest-based ads. We and our third-party advertising partners display targeted advertising, cross-context behavioral advertising, and interest-based advertising using device, network, and other activity information and inferences from cookies and tracking tools gathered over time and across websites, apps, or 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 third-party partners might also link your name or email address to other information they collect. Learn more about these third-party partners in Section 5(e), 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;

(u) ) to 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 may also aggregate your information with other individuals’ information to understand preferences and trends over time; and

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

We use Sensitive Information for necessary or reasonably expected purposes – specifically, to provide you with services (i.e., to accept and make payments or log in to our Website), for tax purposes, and as authorized by law.

We may use de-identified or aggregated data for any purpose, unless prohibited by law. 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 TerraForm Power collecting, using, storing, processing and disclosing your Personal Data as set out in this Policy.

  1. DISCLOSURE OF YOUR PERSONAL DATA

TerraForm Power 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 TerraForm Power:

(a) for the purpose of the management and administration of TerraForm Power'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) for the purposes of TerraForm Power receiving services (for example, TerraForm Power'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 above;

(e) With advertising partners for marketing purposes. We share information with third-party advertising partners through 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 information 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

(f) to the extent required by law (for example, if TerraForm Power 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 TerraForm Power policies and procedures, including (without limitation) in order to comply with tax reporting requirements and other statutory reporting and disclosures to regulatory authorities), or to establish, exercise or defend its legal rights. This may include 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 TerraForm Power);

(g) as part of a transaction, financing, or for other business needs (for example, if TerraForm Power sells any of its businesses or assets, applies for a loan, or opens bank accounts, in which case TerraForm Power 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

(h) if TerraForm Power 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 TerraForm Power about you will be accessible to, and may be acquired by, the third party buyer.

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

  1. LINKS TO OTHER WEBSITES

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. TerraForm Power 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.

  1. TRANSFERS OF PERSONAL DATA

TerraForm Power 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 TerraForm Power, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, TerraForm Power affiliates or agents, and TerraForm Power 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 TerraForm Power to otherwise transfer your Personal Data outside your jurisdiction provided it is in compliance with such data protection and privacy laws.

  1. HOW WE SAFEGUARD YOUR PERSONAL DATA

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

  1. RETENTION AND DESTRUCTION OF PERSONAL DATA

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

(a) The purpose for which TerraForm Power is using it. TerraForm Power 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 TerraForm Power must retain your Personal Data.

Depending on the requirements of the data protection law of your jurisdiction, TerraForm Power 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.

  1. YOUR PRIVACY RIGHTS AND CHOICES

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 TerraForm Power holds. TerraForm Power honors rights requests as and to the extent required under applicable laws based on your state of residence. If you live in California, Colorado, Connecticut, Montana, Oregon, Texas, 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, to know the third parties to which we disclosed personal information (for Oregon residents), and to 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@Terraform.com, via webform HERE or by phone at +1 844-749-2387. 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 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 https://www.google.com/safetycenter/tools/#manage-your-ads-preferences.

YOUR CALIFORNIA PRIVACY RIGHTS

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. TerraForm Power 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 TerraForm Power delete your Personal Data, except in circumstances where TerraForm Power 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 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 California Consumer Privacy Act.

How to Submit: If you wish to exercise any of the rights enumerated in this section, please contact us at [email protected], via webform HERE or by phone at +1 844-749-2387.

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(e) of this Policy (to the extent permitted by applicable law).
  1. CHILDREN

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.

  1. Use of Personal Data in relation to data subjects in Canada

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 TerraForm Power. 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 us using the details set out below or use the opt-out facility provided in the CEM. Please note that in some cases TerraForm Power is permitted to send you certain CEMs after you opt out, such as where required to enforce legal rights.

  1. QUESTIONS AND CONCERNS

If you have any questions or concerns about TerraForm Power's handling of your Personal Data, or about this Policy, please contact us using the contact information set out below.

Department: Legal & Regulatory

Email: Privacy@Terraform.com

Call: +1 844-749-2387