This Privacy Policy explains the policies and procedures of M Power Energy Solutions L.P. (“MPOWER”) regarding personal and other information about our customers. 

This Privacy Policy describes our practices in connection with information that we collect through our websites, software applications, social media pages, commercial electronic messages, third party service providers, partners and your purchase of the Tesla Powerwall (the “Powerwall”) through MPOWER, or personal information that you otherwise provide to MPOWER. By providing personal information to us or by using our products or services, you agree to the terms and conditions of this Privacy Policy.

Personal Information That We May Collect

This Privacy Policy applies to personal information, which is information that can be used to contact or identify you. Personal information may include your name, home and business mailing addresses, telephone number, e-mail address, payment card, or other billing information.

We may collect personal information in a variety of ways, including:

  • Through the Services: We may collect personal information through our websites, software applications, social media pages, e-mail messages, or other digital services (the "Services"), e.g., when you sign up for a newsletter or make a purchase.
  • From other sources: We may receive your personal information from other sources, such as public databases, joint marketing partners, and social media platforms.
  • Customers who purchase a Powerwall will receive access to an account which is hosted on our website. We may collect and process the following types of data for your account that you elect to provide to us: your customer registration information; the status of your Powerwall order; warranty and other documentation for your Powerwall; and general information about your Powerwall.
  • Telematics Log Data: To improve our services for you, we collect certain telematics data regarding the performance, usage, operation, and condition of your Powerwall, including the following: battery use management information, battery charging history, electrical system functions, software version information, and other data to assist in identifying and analyzing the performance of the Powerwall. We may collect such information via remote access.
  • Remote Powerwall analysis: We may be able to dynamically connect to your Powerwall to diagnose and resolve issues with it.

How We May Use Personal Information

We control access to personal information, including taking steps to restrict access to personal information to individuals within MPOWER and between MPOWER and its partners who need such information to perform their jobs and are bound by enforceable confidentiality obligations. We may use personal information for a variety of reasons, such as those listed below:

  • To respond to your inquiries and fulfill your requests, such as to send you newsletters or product information.
  • To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase, and provide you with related customer service.
  • To advise you of important safety-related information.
  • To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
  • To monitor your Powerwall’s performance and provide services related to your Powerwall.
  • To present products and offers tailored to you and to enhance our lists with information from other sources.
  • To allow you to participate in contests and similar promotions and to administer these activities.
  • To facilitate social sharing and communications functionality.
  • For our business purposes, such as: data analysis; audits; fraud monitoring and prevention; developing new products and services; enhancing, improving, or modifying our products and services.

How We May Share Personal Information

Personal information we collect may be disclosed to third parties when necessary to perform services on our or on your behalf, including the following:

  • To MPOWER affiliates for the purposes described in this Privacy Policy.
  • To our third party service providers to provide services such as website hosting, data analysis and storage, payment processing, order fulfillment, wireless connectivity to the Powerwall, information technology and related infrastructure commercial electronic message delivery, credit card processing, auditing, marketing, and other similar services.
  • To other third party business partners to the extent that they are involved in your purchase or the service of your Powerwall or related products. We share limited personal information to allow you to take advantage of those services if you elect to utilize them, with such partners as finance, leasing, registration, and title companies.
  • To third-party sponsors of contests and similar promotions, if you elect to participate.
  • To your social media account provider, if you connect your Services account and your social media account. If you do so, you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media account provider’s privacy policy.
  • To a third party in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
  • MPOWER may transfer and disclose information, including personal and non-personally identifiable information, to third parties to comply with a legal obligation (including, but not limited to, subpoenas); when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our policies and procedures; to respond to an emergency; to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or to protect the rights, property, safety, or security of the Services, MPOWER, third parties, visitors to our Services, or the public, as determined by us in our sole discretion.

We do not share your personal information with unaffiliated third parties for their marketing purposes unless you opt in to that sharing.
How We May Collect or Share Information That Does Not Personally Identify You
We may also collect and share information that cannot, on its own, be used to identify you. We and our third party service providers may collect such information in a variety of ways, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the MPOWER App) you are using. We use this information to ensure that the Services function properly.
  • Using cookies in connection with your account and our website: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other web traffic data. Our service providers and we use the information for security purposes, to facilitate online navigation, to display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve their design and functionality, understand how the Services are used, and assist us with resolving questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and to display them to you. We may also use cookies in online advertising to track responses to our advertisements, and we may use cookies or other files to track your use of other websites.

If you do not want information collected through the use of cookies when using your account or our website, there is a simple procedure in most browsers that allows you to automatically decline cookies or gives you the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer, and you may need to log in every time you visit the applicable Services.

  • Website and application analytics: We use website and application analytics services provided by third parties that use cookies and other similar technologies to collect information about website or application use and to report trends, without identifying individual visitors. The third parties that provide us with these services may also collect information about your use of third-party websites. You can learn about Google’s practices in connection with this information collection and how to opt out of it by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
  • Use of pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including e-mail recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates. Unless combined with personal information, this information does not personally identify you or any other user of the Services.

Except as described above, MPOWER may use or share non-identifying information, such as for operational or research purposes, for industry analysis, to improve our products and services, to better tailor our products and services to your needs, and where legally required.

Links

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates, nor does it imply an affiliation with the third party.
Please note that we are not responsible for the collection, use, or disclosure policies and practices (including the data security practices) of other organizations, such as any other app developer, app provider, social media platform provider, operating system provider, or wireless service provider, including any personal information you disclose to other organizations through or in connection with our software applications or social media pages.

Security

We seek to use reasonable organizational, technical, and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "How to Contact Us" section below.

Rights and Choices

We give you many choices regarding our use and disclosure of your personal information. You may opt out at any time and free of charge from:

  • Receiving electronic communications from us or our affiliates: If you no longer want to receive marketing-related commercial electronic messages from us or our affiliates, you may opt out of receiving them by following the opt-out instructions in any e-mail received from us or by contacting us at the address below. Please note that we may still send you important administrative and safety messages even if you opt out of receiving marketing e-mails.
  • Receiving marketing-related calls from us: If you receive a marketing-related call from us and do not want to receive similar calls in the future, simply ask to be placed on our "do not call" list. Please note that we may still call you regarding administrative, safety, or service issues even if you opt out of receiving marketing calls.
  • Any processing of personal information for which you have provided your prior explicit opt-in consent by contacting us as indicated in the "How to Contact Us" section below.
  • Our collection of Powerwall data. If you no longer wish us to collect Telematics Log Data or any other data from your Powerwall, please contact us as indicated in the "How to Contact Us" section below. Please note that, if you opt out from the collection of Telematics Log Data we will not be able to notify you of issues applicable to your Powerwall in real time, and this may result in your Powerwall suffering from reduced functionality, serious damage, or inoperability.

We will comply with your request(s) as soon as reasonably practicable.

Subject to applicable law, you may have the rights to request access to and receive information about the personal information we maintain about you, update and correct inaccuracies in your personal information, and have the information blocked or deleted, as appropriate. These rights may be limited in some circumstances by local law. We give you several methods to access, correct, update, or request blocking or deletion of your personal information including:

  • You can access your account to update the personal information in that account at any time.
  • If you would like to review, correct, update, suppress, or delete personal information that has been previously provided to us by you, you may contact us at the address below.

In your request, please make clear what personal information you would like to have changed, whether you would like to have your personal information that you have provided to us suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your personal information that you have provided to us. For your protection, we may only implement requests with respect to the personal information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping or legal compliance purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.

Retention Period

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Cross Border Transfers

Some services are controlled and operated from the United States. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers. Those countries may not have the same data protection laws as the country in which you initially provided that information. When we transfer your personal information to other countries, we will protect it as described in this Privacy Policy. By using the Services or otherwise providing personal information to us, you consent to the transfer of personal information to the United States.

Updates to this Policy

We may change this Privacy Policy. Please take a look at the "Last Updated" legend at the bottom of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. By using the Services or otherwise providing personal information to us following these changes, you accept the revised Privacy Policy.

How to Contact Us

To contact us with a question or comment, to opt out from certain services, or to request access to, correction, or deletion of your personal information, please contact us:
via e‐mail at [email protected] via mail at: MaRS Centre, Heritage Building, 101 College St., Suite HL20-1  Toronto,  ON M5G 1L7

Please note that e-mail communications are not always secure, so please do not include credit card information or sensitive information in your e-mails to us.