Privacy Policy (Historic)

Last updated April 29, 2020.

We appreciate your interests in our products and online services, including our App and website, www.helioscope.com and www.folsomlabs.com. Folsom Labs, Inc., a Delaware Corporation (“Folsom Labs”, “we”, “our”, or “us”) is committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, store, process, transfer and use data that identifies you or makes you identifiable, as a natural person (hereinafter “personal information”).

This Privacy Policy applies to our websites, including www.helioscope.com, and any other website that links to this Policy (our “Sites”), to our products and services (collectively, our “Service”). By accessing or using our Service, you signify that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Service.

WHO IS THE CONTROLLER OF YOUR PERSONAL INFORMATION?

Folsom Labs is the controller of your personal information. We are responsible for, and control, the processing of your information.

Wherever our customers use our Service to process content relating to third parties (containing personal information relation to these third parties), we have contractually committed ourselves to only process such information on behalf and under the instruction of the respective customer, who is the data controller. This Privacy Policy does not apply to such processing and we recommend you to read the Privacy Policy of the respective customer, if their processing concerns your personal information.

If you wish to contact us, you can find our contact details at the end of this Privacy Policy.

WHAT INFORMATION DO WE COLLECT?

In the context of rendering our Services, we may collect information about you. This information regularly includes the following:

If you sign up for a free trial and create an account or request our products or services on behalf of your company or if you make a purchase: Name, company name, email address, phone number, IP address and browser metadata, billing address, and credit card information. In addition, we collect your input data on the solar projects you are working on, which include the locations of projects, names of customers, engineering details (such as component used in the array, system size and energy yield calculations) and the costs and revenues generated by the solar plant.
If you contact us (via our Sites or via phone, email or letter), e.g. for an information request support request or any other inquiry: email address, information on our communication with you and any additional information you provide us with.
If you sign up for our newsletter: Name, email address, information on whether you are already a customer, marketing campaign information such as your reaction to our marketing, whether you open our marketing emails or click the links contained in these emails.
If you merely visit our Sites: IP address, information on what pages you visit, browser data, browser type, device type, device ID, Uniform Resource Locators (URL), date/time stamp, language preferences, and other actions you take on the Sites.

HOW DO WE COLLECT YOUR INFORMATION?

This personal infrmation is collected in many ways and may include:

personal information you provide to us directly: Most of the personal information we receive comes to us voluntarily from our users in the course of using our Services, such as when visiting our Sites, communicating with us or in the process of requesting and using our Service.You are free to choose which information you want to provide to us or whether you want to provide us with information at all. However, some information, such as your name, email address, payment information and information on your requested Services may be necessary for the performance of our contractual obligations. Without providing this information, you will not be able to request or use certain Services or enter into a contract with us.
personal information collected via technology: As you use our Sites, we may collect passive information through the use of cookies. Please see below for more information.
Information we receive from third parties: From time to time, we may receive information about you from third parties and other users, for example if you choose to link, create, or log in to your Folsom Labs’ account with a third party website that uses Folsom Labs’ API, or whose API we use, we may receive information about you or your connections from that third party. We may also receive personal information from law enforcement agencies and marketing partners.

WHY AND ON WHICH LEGAL GROUNDS DO WE COLLECT AND USE YOUR PERSONAL INFORMATION?

Please note, that the notice on the legal grounds refers to the legal justifications under the European General Data Protection Regulation (“GDPR”) only.

The reasons for using your personal information may differ depending on the purpose of the collection. Regularly we use your information for the following purposes and on the following legal grounds:

We use your information in order to perform our contractual services or in preparation for a contract with you. If you order Services from Folsom Labs or if you contact us to request our Services, we use your information to provide to you the features and functionality of the Services. Information we use includes: information we need to contact you or otherwise communicate with you; information to manage your account; information to enable the usage of Services; information necessary for customer support; information for invoicing and payment follow up.
We use your information if justified by our legitimate interests. The usage of your information may also be necessary for our own business interests. For example, we may use some of your information to evaluate and review our business performance, create financial statements; improve our Services or to identify potential cyber security threats. If necessary we may also use your information to pursue or defend ourselves against legal claims. If you are already a customer, we may use your email address and names for our email marketing campaigns. You can object to this use at any time by following the link to unsubscribe at the bottom of our marketing emails or click here.
We use your information after obtaining your consent. In some cases, we may ask you to grant us separate consent to use your information. You are free to deny your consent and the denial will have no negative consequences for you. You are free to withdraw your consent at any time with effect for the future. If you have granted us consent to use your information, we will use it only for the purposes specified in the consent form. This includes our marketing campaigns. If you sign up to our email newsletter or when providing us with your email address you allow us to use this email address for email marketing, we will use your personal information to send you emails containing newsletters, promotions and special offers. You may unsubscribe from our email marketing at any time by following the link to unsubscribe at the bottom of our marketing emails. You may also contact us via email address provided at the end of this Privacy Policy to request that we remove you from our email list.
We use your information to comply with legal obligations. We are obligated to retain certain information because of legal requirements, for example, tax or commercial laws.

We will only use your information for the purposes for which we have collected them. We will not use your information for other purposes. We do not use your personal information for automated individual decision-making.

WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We may share your personal information with:

Service providers and advisors: We share your information with third party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include processing of payments, handling of data processing, data verification, data storage, maintenance, and security. These third parties include: Slack, Google Analytics, Amazon AWS, Cloud Flare, Heroku, Datadog, Pusher, Sentry, Stripe, Rediscloud, Amplitude, Logrocket, Olark, Mailchimp, and Mailgun. Any such service providers and advisors will be given limited access to personal information as it reasonably necessary for delivering its service and will, by appropriate data processing agreements, be bound to only process personal information on Folsom Labs’ behalf and under its instructions;
Purchasers and third parties in connection with a business transaction: We may disclosed your information to third parties in connection with an Folsom Labs-related transaction, such as a merger, sale of Folsom Labs assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings;
Law enforcement, regulators and other parties for legal reasons: We may disclose your personal information to third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Folsom Labs, our visitors, or others; and
Other third parties: We will share your personal information with third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate.

HOW DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION?

We automatically collect certain types of usage information when you visit our Service, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”). We may collect analytics data or use third-party analytics tools such as Google Analytics, Mixpanel, New Relic, Segment and Amplitude, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. You can learn more about Google’s practices at https://policies.google.com/technologies/partner-sites and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.

We use or may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content; (c) recognize and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Service.

We and our third-party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.

How to manage cookies: The cookies we use are designed to help you get the most from the Services but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of the Services. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.

We honor Do Not Track signals from your browser.

HOW DO WE USE THIRD-PARTY TRACKING AND ONLINE ADVERTISING?

We want you to understand how we use your information in the context of online advertising and tracking.

Google Analytics and Advertising. We use Google Analytics to recognize you and link the devices you use when you visit our site or Service on your browser or mobile device, log in to your account on our Service, or otherwise engage with us. Google Analytics allows us to better understand how our users interact with our Service and by use of Google AdWords we tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at https://policies.google.com/technologies/partner-sites. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google AdWords, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://adssettings.google.com, or by visiting NAI’s online resources at https://www.networkadvertising.org/choices.

HOW DO WE SAFEGUARD YOUR INFORMATION ON INTERNATIONAL DATA TRANSFERS?

As we are located in the USA, any information you provide, will be processed and stored in the USA. If you are in the European Union or European Economic Area, this may mean that your personal information will be stored in a jurisdiction that offers a level of protection that may, in certain instances, be less protective of your personal information than the jurisdiction you are typically a resident in.

If we transfer information from the European Union to third parties outside the European Union and to countries not subject to schemes which are considered as providing an adequate data protection standard, we will enter into contracts which are based on the EU Standard Contractual Clauses with these.

If you wish to inquire further about the safeguards we use, please contact us using the details set out at the end of this Privacy Policy. We will take reasonable steps to ensure that your personal information is treated securely and in accordance with applicable law and this Privacy Policy.

HOW DO WE STORE AND PROTECT YOUR INFORMATION?

We will store personal information for as long as necessary to fulfil the purposes for which we collect the personal information, in accordance with our legal obligations and legitimate business interests. In general, customer data will be retained for five years after the account creator and all users become inactive, or can be deleted immediately upon request.

We implement a variety of security measures to maintain the safety of your personal information when you use our Services. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

WHAT RIGHTS AND CHOICES DO YOU HAVE?

We want you to understand your rights and choices regarding how we may use your personal information. Depending on how you use your information, these rights and choices may include the following:

Profile Settings. You may update your profile information by logging into your online account.

How to control your communications preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in the bottom of such communications. We make every effort to promptly process all unsubscribe requests.

Modifying or deleting your information. If you have any questions about reviewing, modifying, or deleting your information, or if you wish to cancel your account, please contact us using contact details at the bottom of this Privacy Policy.

EU users’ specific rights and choices. If you are a resident in the European Union, you have the following rights in respect to your personal information that we hold:

Right of access. The right to obtain access to your personal information.
Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete.
Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
Right to restriction. The right to obtain restriction of the processing undertaken by us on your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
Right to portability. The right to portability allows you to move, copy or transfer personal information easily from one organization to another.
RIGHT TO OBJECT: YOU HAVE THE RIGHT TO OBJECT TO ANY PROCESSING BASED ON OUR LEGITIMATE INTERESTS WHERE THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. YOU CAN OBJECT TO MARKETING ACTIVITIES FOR WHATEVER REASON WHATOSEVER.

If you wish to exercise one of these rights, please contact us using the contact details below.

You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

CHILDREN’S PRIVACY

Folsom Labs does not knowingly collect or solicit any information from anyone under the age of 13 on this Service. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us using the contact details listed at the end of this Privacy Policy.

From children under the age of 16 residing in the EU, we will not process any personal information on the ground of a consent.

LINKS TO OTHER WEB SITES AND SERVICES

The Service may contain links to and from third-party websites of our business partners, advertisers, and social media sites and our users may post links to third-party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.

HOW TO CONTACT US

If you have any questions or concerns about our Privacy Policy or if you want to exercise your rights, please contact us at support@helioscope.com or write to us at Folsom Labs c/o Aurora Solar, P.O. Box 7775, PMB 14534, San Francisco, CA 94120-7775

CHANGES TO OUR PRIVACY POLICY

We may make changes to our Privacy Policy from time to time. Please review our policies regularly as updated policies will apply to your future use of our Services. Continuing to use our Service after we publish changes to this Privacy Policy means that you consent to the changes.