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PRIVACY POLICY

GENERAL

This Privacy Policy describes how SolarCity (together with its affiliates, “SolarCity”) collects, uses and shares the personal information that it gathers when you use www.SolarBonds.SolarCity.com (the “Platform”) and/or the information, features, products, services and tools on the Platform (the “Services”). “Personal information” generally means any information that could allow someone to identify or contact you or your computing device. Such information may include, for example, your name; email address; phone number; home, postal or other physical address; other contact information; birth date; social security number; gender; occupation; industry; payment or identity verification information; financial account information; and Internet Protocol (“IP”) address. The term does not, however, include information that cannot reasonably be used to identify you, such as aggregated or anonymous information.

SolarCity may collect this information at many points in its relationship with you, including when you provide information online or in writing, either on applications or forms or through other methods; when third parties provide SolarCity with information to verify your identity or prevent fraud; when third parties that you authorize to provide information to SolarCity do so; and when you provide or authorize the provision of information about your transactions, account balances, trading activity and payment history.

Please note that SolarCity may obtain separate consents from you (or provide separate notices to you) regarding particular uses or disclosures of personal information. For example, SolarCity may provide you with one or more privacy notices that describe your rights under federal and state law with respect to the non-public personal information that SolarCity obtains in connection with your financial transaction. To the extent that there is any conflict between this Privacy Policy and any such separate consents or notices, the separate consent or notice will control.

SolarCity may use your personal information in order to provide the Services and other services that you may request, to respond to communications from you, to help you open new or additional accounts, to deliver advertising content to you, and otherwise for its everyday business purposes. There are times when it may disclose your Personal Information to third parties in order to provide the Services.

Some of the specific reasons for which SolarCity may use and disclose your personal information include:

  • SolarCity will use and share certain personal information with third parties in order to carry out its everyday business activities, process your orders, service your account, provide you with personalized accounts available through its websites, communicate with you, and provide you with excellent customer service. The third parties to which SolarCity may provide information for such purposes include, for example, service providers, information technology providers, mailing and other business process providers, outsourcing providers, analytic data service providers; and parties that provide transaction confirmations, banking, registrar, transfer agency, registered agent, financing, payment, trustee, or recordkeeping services, as well as regulators.
  • SolarCity may use your personal information to contact you by phone, regular mail and email regarding information about pricing, financing, investments, offers, and promotions.
  • If you invest in debt investments through the Platform, SolarCity will communicate with you via phone, regular mail and electronic mail regarding your investment. SolarCity also may send you correspondence via regular and electronic mail regarding offers and promotions available to you. SolarCity may collect information about your transactions with SolarCity, the features of any order for product or service that you place with SolarCity and any specific instructions you give SolarCity regarding a purchase or service. SolarCity also may collect information from you in other ways, such as when you correspond with SolarCity, participate in an online survey or contact the customer support team.
  • SolarCity may share your personal information to third parties who help us to operate and improve our business.
  • SolarCity may use and share certain personal information with third parties when SolarCity, its subsidiaries or its affiliated companies seek financing or other funding from third parties, or in connection with any proposed or actual merger or other business combination or separation (including, but not limited to, a voluntary or involuntary change in SolarCity’s business or structure, a reorganization, the sale of all or part of SolarCity’s stock or assets, spinoff, bankruptcy, or dissolution).
  • SolarCity also may use and disclose technical information about your account, such as your user name, password, password reminder questions and answers, and communication preferences in order to operate the Services, to enable you to have a personalized experience with the Services, and for the other reasons described herein.
  • SolarCity may use your personal information to create de-identified, anonymized, aggregated or similar non-personally identifiable data, which SolarCity generally may disclose to third parties and otherwise use for any lawful business purpose.
  • SolarCity may use and disclose your personal information to engage in routine business uses that an ordinary and reasonable person should expect in the context of the Services that it provides, the reasons for which it collects personal information, and/or the ways that similar businesses ordinarily operate, including, for example, uses and disclosures:
    • for security purposes, including to verify and authenticate your identity, authority, or other characteristics or information;
    • to detect, prevent, or otherwise address fraud, security or technical issues, claims, or other liability or harm to you, SolarCity, or others;
    • to respond to questions or requests or to contact you for lawful purposes, including for surveys;
    • to vendors and their service providers who reasonably need the personal information to do their jobs, which may include helping SolarCity to analyze how the Services are used, diagnose service or technical problems, customize content or deliver personal communications, and/or protect the security or integrity of the Services;
    • to respond to or participate in commercial disputes (e.g., lawsuits or investigations), including with respect to enforcing applicable provisions of this Privacy Policy and SolarCity’s Terms of Use;
    • to persons appearing to have a lawful interest in the personal information (e.g., to an insurance company processing an insurance claim involving you);
    • to comply with applicable law, regulation, legal process, or enforceable governmental requests (such as subpoenas, warrants, summons, investigative demands from law enforcement, regulators or others, national or international security letters or demands, etc.), or in order to investigate, prevent, or take action regarding suspected or actual fraud or other illegal activities;
    • to exercise or perform a legal, ethical, contractual or other right or obligation; or
    • in accordance with your express instructions or for such other lawful purposes as may be disclosed or evident at the time that you provide personal information to SolarCity (e.g., when you provide personal information in response to a survey, to sign up for an event, or to register for a newsletter).

It is not possible, however, to list every lawful use that SolarCity might make of personal information, so the uses and disclosures described above are general, non-exclusive, illustrations. SolarCity reserves the right to engage in any lawful use or disclosure of personal information that is consistent with this Privacy Policy, but will not engage in any of the uses described above to the extent that they are prohibited by applicable law.

SolarCity uses what it believes to be commercially reasonable measures to protect your personal information from loss, misuse, or unauthorized access, disclosure, alteration or destruction For example:

  • SolarCity’s contractual agreements with nonaffiliated third party service providers (“Third Party Service Providers”) include terms to ensure that the third party will maintain the confidentiality of any nonpublic personal information it may receive concerning Users.
  • SolarCity maintains a policy and other physical, electronic and procedural safeguards that prohibit unauthorized access to or use of User records or information that could result in substantial harm or inconvenience to any User.
  • SolarCity limits access to nonpublic personal information of Users to SolarCity personnel who require such information in order to perform services for or related to Users.

Nevertheless, please be advised that no security measure, system, or control is infallible. SOLARCITY ACCORDINGLY DOES NOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF PERSONAL INFORMATION AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, DUTIES OR CONDITIONS IN THAT REGARD. If any applicable law imposes on SolarCity a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that SolarCity’s commercially reasonable precautions shall be considered to satisfy that duty unless (and only unless) SolarCity has engaged in willful misconduct.

While SolarCity strives to protect your personal information, please also note that you have a role in the security of your personal information. For example, you should not provide SolarCity with personal information that it does not request; you are responsible for controlling access to any personal computing device through which your personal information may be stored or accessed; and you are responsible for safeguarding any passwords or other log-in credentials to may be used to access to your personal information. If you provide SolarCity with information through the Platform, you must use a secure socket layer enabled browser, because SolarCity uses industry-standard secure socket layer encryption to protect the security of your information when it is transmitted over the Internet.

SolarCity uses first-party and third-party cookies. Cookies are small text files sent by a website server to your browser and stored on your computer. The use of cookies helps SolarCity understand how you are using our site. They allow SolarCity to improve the security, content, navigation and functionality of the website. Additionally, SolarCity uses cookies on the Platform and other websites on which we advertise in order to track advertising performance and to collect aggregate data on page viewing. For example, when you visit SolarCity’s websites, SolarCity may collect and store the name of the domain and host from which you accessed the site, your public IP address, the browser software and operating system you used, the date and time you accessed the site, and the pages within the website that you access.

SolarCity uses both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while you are logged into your account and expire when you close your browser. Persistent cookies are used to make tasks easier for returning users by remembering a user’s login information. Persistent cookies stay on your hard drive from one session to the next. If you do not want to receive cookies, you can change your browser or mobile device settings, though this may change your browsing experience or interfere with your use of the Services.

In addition to these cookies, SolarCity also may use other standard Internet technology, such as web beacons and similar technologies, to track your use of the Services. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for SolarCity to deliver a small (usually invisible) graphic image on a web page or in an email. Web beacons can recognize certain types of information on your computer, such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. SolarCity may use web beacons to improve your experience with the Services, including to provide you with content customized to your interests and to understand whether Users read email messages and click on links contained within those messages so that the Services can deliver relevant content. SolarCity’s web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon). The Services also may include third-party web beacons so that these third parties may receive auditing, research, and reporting information about advertisements viewed on the Services.

SolarCity generally may use and disclose information collected through cookies, web beacons, and similar tracking technologies in order to provide the Services and for purposes of site functionality (e.g., to remember your login information), but SolarCity generally reserves the right to use and disclose personal information obtained through these means for any lawful purpose, including, but are not limited to:

  • Authentication: To recognize you if you are logged in to your account so SolarCity can personalize your experience and show you the right information.
  • Preferences, Features and Services: To know which language you prefer and what your communications preferences are. Cookies also help you fill out forms on SolarCity websites and provide you with features, insights and customized content through plug-ins.
  • Advertising: To show you advertising both on and off SolarCity websites.
  • Performance, Analytics and Research: To help SolarCity learn how well its websites and plug-ins perform, including by diagnosing or fixing technology problems reported by Users or engineers. SolarCity also uses cookies to understand, improve, and research products, features and services, including when you access SolarCity websites from other websites, applications or devices, such as your work computer or mobile device.

From time-to-time, SolarCity may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit its websites. These third parties may place material on the Services, such as banner ads, that allow the third party’s servers to place cookies in your web browser. Please note that SolarCity only can access cookies that it places on your browser, not the cookies sent to you by other companies. SolarCity also may use other third-party cookies to track the performance of its own advertisements. The information provided to third parties by means of these third party cookies does not include personal information, but this information may be re-associated with personal information after SolarCity receives it.

You may be able to “opt-out,” disable or restrict some cookies or similar information gathering tools, such as through your web or other browser settings or through third party mechanisms. However, not all cookies or other tools are so controlled and not all “opt-out” or similar mechanisms work on all browsers or access devices. Even effective opt-out opportunities can become ineffective over time or as technologies or browsers change. You can find more information about cookies and your ability to control their use at http://www.allaboutcookies.org/ or by reviewing your browser or access device settings. Although such information should be helpful, SolarCity does not control or guarantee its accuracy or that it will be effective with respect to all information gathering tools or in all circumstances. If you choose to refuse cookies or other similar tools from the Platform, some functionalities or features of the Platform might not work properly, may be slower, or may be unavailable.

California Disclosure. CA Bus. & Prof. Code § 22575 requires us to disclose how the Platform responds to Web browser “do not track” signals and/or other mechanisms that seek to provide consumers with the ability to control the collection of their personal information through online tracking technologies for certain purposes, such as targeted or behavioral advertising. If your browser or similar mechanism gives the Platform a “do not track” signal, the Platform will make commercially reasonable attempts to honor your settings (although SolarCity still may deliver and use cookies and other tracking technologies for non-marketing purposes). However, SolarCity does not make any promises or guarantees about the effects of any “Do Not Track” choice that you may make because: (a) such nuanced treatment is not necessarily available or effective for any or all browsers, mechanisms or tracking technologies, and SolarCity’s commercially reasonable attempts to honor your settings might or might not be effective to preclude tracking or behavioral advertising at all or over any particular period of time; (b) third parties may not honor your settings or SolarCity’s policies and/or may use cookies or other tracking technologies for behavioral advertising despite SolarCity’s commercially reasonable attempts to prevent them from doing so; and (c) tracking technologies, browsers, and access devices may change from time to time and SolarCity’s commercially reasonable attempts might or might not be effective for each technology or across all platforms.

CHILDREN’S PRIVACY

No part of the Services is designed or directed to children. To use or provide personally identifiable information through the Services you must be at least eighteen (18) years of age. If you are under 18, please do not send any information about yourself to SolarCity, including your name, address, telephone number, or email address.

SolarCity may collect information concerning children under the age of 18 from adults who serve as custodians for accounts held for the benefit of a child under the age of 18, in cases where the custodian is investing assets of the custodial account in investments offered by SolarCity. In such a case, SolarCity will collect information about the name and social security number of the child under the age of 18.

If SolarCity learns that it has collected personal information from a person under age 18, it will delete that information promptly. If you believe that SolarCity might have any information from a person under the age of 18, or about a person under the age of 18 other than for a custodial account, please contact SolarCity at (877) 554-7652 or mail us at Solar Bonds by SolarCity, 3055 Clearview Way, San Mateo, CA 94402.

Updated: October 9, 2014