Effective Date: January 1, 2023
GENERAL PURPOSE
Bloom Energy Corporation, on behalf of itself and its affiliates, (together, “Bloom Energy” or “we” or “us”), has developed this Privacy Statement and Cookie Policy (the “Privacy Policy”) to demonstrate our commitment to protecting the personal and private information of those visiting our websites and applications that link to this Privacy Policy (our “Sites”).
This Privacy Policy is based on applicable privacy and data protection principles in the countries in which we operate. This Privacy Policy is intended to summarize and inform our customers and users (“users” or “you”) of our online privacy and data protection practices regarding the collection, use, and disclosure of personal information when you use our Site, to inform our customers and other users about how we define, gather and utilize personal information, and how personal information is used, shared, and secured, and how you can take steps to exercise and protect your privacy rights.
This Privacy Policy applies to personal information processed by us in our business, including on our Site and other online or offline offerings (collectively, the “Services”). Bloom Energy will take reasonable steps to protect user privacy consistent with the guidelines set forth in this Privacy Policy and the applicable laws. Bloom Energy is the controller for the personal information we process, unless otherwise stated. For information on how to contact us, please refer to the Questions and Feedback section below.
This Privacy Policy forms part of our Terms of Use. To read our Terms of Use, click here.
Job candidates and employees: Please see our Applicant and Employee Privacy Notice available on our career site.
ACCEPTANCE OF THIS PRIVACY POLICY
By accessing the Site, you acknowledge that you have read and understand the Privacy Policy and that we will collect, use and share your information as set forth below. Bloom Energy reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time for any reason. Each time you use the Site, the current version of the Privacy Policy will apply. Accordingly, your continued use of the Site following a change in the Privacy Policy represents your acceptance of the new Privacy Policy to the fullest extent permitted by law. We suggest that you regularly review this Privacy Policy and our Terms of Use for changes and to ensure that you understand and accept our privacy practices and your obligations in accessing and using the Site.
DEFINITIONS
For the purposes of this Privacy Policy:
“Personal information” generally means any information which relates to a living, identifiable person. It may include names, identification numbers, addresses, telephone numbers, email addresses, and other information that, alone or in combination with other information, may be used to identify a person.
“Processing” covers all activities relating to the use of personal information by Bloom Energy, from its collection through to its storage and disposal and every phase in between.
In processing your personal information, we pledge to fully comply with recognized standards of privacy protection. Bloom Energy will ensure that all personal information is processed in compliance with this Privacy Policy and the following guiding principles (“Principles”):
- Lawfulness, transparency, and fairness
- Purpose limitation
- Data minimization
- Accuracy
- Storage limitation
- Confidentiality and integrity
COLLECTION
We gather information on our users by tracking pages visited and collecting information from voluntary submissions. We may use various technologies as well (e.g., cookies) to collect information from your computer and about your activities on our Site. We collect aggregate information regarding which pages of our Site users’ access or visit.
Categories of Data We Collect
We may collect the following categories of personal information about you (note that we may not collect all of the categories or example data listed):
Personal Identifiers, such as name, alias, signature, telephone number, postal address, email address, unique personal identifier, online identifier, internet protocol address, account name, social security number or other government issued identification number, driver’s license number, passport number, financial account number or information, medical information or other similar identifiers.
Demographic Information, such as age, race, color, religion, national origin, citizenship, veteran or military status, marital status, sex, gender, gender identity, gender expression, sexual orientation, physical or mental disability or union membership, to the extent you choose to disclose this information or are required under applicable employment laws.
Internet and Technical Information, such as internet protocol address, data from cookies, data from web beacons, device identifiers, server log records, browsing history, search history, interaction with a website, application or advertisement, interaction with marketing emails, geolocation, etc.
Corporate Affiliation, such as employer, relationship to our company and business title.
Communications, such as content of communications you send to us;
Social Media Content, such as community discussions and comments on our Sites and any other information that is publicly available or that you consent to making available on corporate social sharing sites.
Audio, Video, or Visual Information, such as call recordings, teleconference or videoconference recordings of interviews, meetings, trainings and other events, photographs, voicemails, closed-circuit monitoring (CCTV), etc.
Contest and Survey Information, such as information and responses you provide when participating in contests or responding to survey information.
Applicant Information, such as employment and education history, screening information and employment verification information. Please see the Applicant and Employee Privacy Notice for more information.
Individual Profiles, such as inferences drawn from other personal information, including preferences, characteristics, behavior, etc.
Sensitive Personal Information, includes data about a person’s race, ethnic origin, religious or philosophical beliefs, union membership, genetic data, health, sex life, sexual orientation, account login information (financial account or credit card numbers in combination with any required access codes or passwords), precise geolocation information, biometric information, or contents of mail, email, and text messages unless Bloom Energy is the intended recipient of the communication.
Miscellaneous Information, any other voluntarily provided information in connection with our Sites, such as information you enter into a free text form.
AUTOMATIC DATA COLLECTION AND TRACKING
Usage Data
We also collect certain passive tracking data concerning how the Site is accessed and used (“Usage Data”). This Usage Data includes information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our websites that you visit, the times and dates of your visits, the time spent on those pages, and diagnostic data.
Tracking Data and Cookie Policy
We use cookies and other online tracking technologies to understand visitor activity on our Site, and to hold certain information about your visits to help improve your experience while using the Site.
A cookie is a text file sent by a web server and placed on your computer by your web browser. Cookies can be divided into two different types: “session” and “persistent.” Session cookies differ from persistent cookies primarily in that session cookies are temporary and expire and are normally deleted when you close your browser. Persistent cookies, in contrast, remain stored on your computer after you close your browser until they are deleted either because they expire, or you delete them. Bloom Energy uses session cookies and persistent cookies in connection with providing our Site. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Cookies are often used in conjunction with other Internet technologies, such as web beacons, to understand behavior on the Internet. “Local shared objects,” “LSO’s,” or “flash cookies” are data files similar to cookies, except that they can store more complex data, particularly for video, interactive gaming, and other similar services. “Web beacons,” “clear pixels,” “clear GIFs,” or “pixel tags” are small graphic images on a webpage or in an email. A “web server log” is a record of activity created by the computer that delivers the webpages you request to your browser. A “widget” is a program or application that can be embedded in a web page or mobile application and can provide real-time information, such as stock quotes or weather reports, or take information, such as online orders.
The types of cookies and other tracking technologies we use are:
Session Cookies. We may use session cookies to operate our Site and for security purposes.
Persistent Cookies. We may use persistent cookies to remember your preferences and various settings.
Local Shared Objects. We may use local shared objects to remember your settings, preferences, and usage.
Web Beacons. We may use web beacons for things such as recording the pages and advertisements clicked on by users or tracking the performance of email marketing campaigns.
Web Server Logs. We may use web server logs for things such as recording information about your browser (such as your IP address), the search term you entered or link you clicked to bring you to the Site, or tracking the performance of email marketing campaigns.
Widgets. We may use widgets to allow third parties to collect data about users viewing the Site or interacting with that widget, possibly subject to privacy policies other than this one.
In general, our purposes for using the above technologies are:
Analytical. We use cookies to analyze user activity in order to improve the Site. For example, we can use cookies to look at aggregate patterns like the average number of views on a specific Site page. We can use such analyses to gain insights about how to improve the functionality and user experience of the Site.
Your Preferences and User Experience. We use cookies to gather certain information about users, such as browser type, server, language preference, and country setting, in order to store user preferences on our Site and to make your user experience more consistent and convenient. We may also use your IP address to determine your geographic location in order to provide you with the most relevant search results. We may use persistent cookies to remember your preferences and various settings.
Referral Tracking. We use cookies to associate user activity with the third party website that referred you to our Site, or to associate user activity that we referred to a third party website. We do not share any personal information or information about individual user activities with these partner entities. We also use cookies to associate user activity with the email campaign that referred the user to our Site.
Security. We use cookies to limit certain types of cyber-attacks and other data security incidents.
Testing, Usability, and Performance. We use cookies to ensure users receive a consistent user experience while we conduct A/B testing on certain aspects of our Site in order to improve our product offerings. We also use cookies to improve the performance and reliability of our Site.
Fraud/Spam Prevention. We use cookies during fraud reviews and investigations. Some of our cookie/device tracking happens via third party vendors. Other times, we use our own indexes to identify activity related to specific cookies.
Analytics
We may use third-party Website Providers to monitor and analyze the use of our Site.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Site available to Google Analytics by installing the Google Analytics opt-out browser add-on here. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about site activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/.
HubSpot Analytics
HubSpot Analytics is a web analytics service offered by HubSpot, Inc. HubSpot utilizes cookie and usage data collected to track and examine the use of the Site, analyze demographic information, and to prepare reports on user activities and share them with other HubSpot services. HubSpot may use the data collected to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of HubSpot, please visit the HubSpot Privacy Policy web page: https://legal.hubspot.com/privacy-policy.
LinkedIn Analytics
LinkedIn Analytics is a web analytics service offered by LinkedIn that collects data about your visits to our website. LinkedIn may use the data collected to contextualize and personalize the ads on its own advertising network.
For more information on the privacy practices of LinkedIn, please visit the Linked in Privacy Policy web page: https://www.linkedin.com/legal/privacy-policy. To learn more about how to opt-out of LinkedIn’s use of your information, please click here.
Behavioral Remarketing
We use remarketing services to advertise on third party websites to you after you visited our Site. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Site.
Opting-Out
None of the above technologies are strictly necessary to access our Site. You may reset your browser to refuse all cookies or to allow your browser to alert you when a cookie is set, however, certain parts of the Site may function differently and not as well. Unless you have adjusted your browser setting so that it will refuse cookies, our Site will issue cookies when you log on to the Site. For more information about how to manage your cookie preferences, you should use the “help” menu of your web browser or explore the customer support sections of your web browser. Please note that you need to configure each browser on each device that you use if you wish to opt-out or block some or all cookies.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu, https://youradchoices.ca/choices/, and www.aboutads.info/choices/.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes
“Do Not Track” Signals
Bloom Energy does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
SOURCES OF PERSONAL INFORMATION WE COLLECT
We collect personal information directly from you or from publicly available sources, such as search engines, career networking sites, public databases, etc. We also collect personal information through automated means, such as cookies and web beacons.
In addition, Bloom Energy employs software programs to identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage Bloom Energy’s computers or the network, and monitor and fine-tune the performance of our network. These programs may detect additional information from your computer such as your IP address and other technical information. This information is used only for the purpose of maintaining the security and performance of our Sites, networks and computer systems.
USE OF PERSONAL INFORMATION
We process your personal information in accordance with applicable laws and the Principles listed above. In order to comply with these Principles, Bloom Energy will advise you on how we process your personal information in this Privacy Policy. We may use any personal information collected pursuant to this Privacy Policy:
- To provide our services, products, and features to you;
- To manage the Site;
- To measure and improve those services, products, and features;
- To develop internal and external analyses;
- To contact you or, if applicable, your designated representative(s) by post, telephone, electronic mail, facsimile, etc., in connection with your relationship and/or account;
- To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you (you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us using the information below);
- To facilitate our internal business operations, including assessing and managing risk and fulfilling our legal and regulatory requirements;
- To administer, operate, facilitate, and manage your relationship and/or account with us. This may include sharing such information internally, as well as disclosing it to our affiliates or other third parties;
- To protect our users and provide them with customer support;
- To provide you with news, special offers, marketing and promotional materials and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or inquired about or otherwise might be interested in, unless you have opted not to receive such information;
- To audit downloads of information from the Site and also make follow-up contact with you by email in relation to the material you have accessed; and
- Other purposes you consent to, are notified of, or are disclosed when you provide personal information.
We may also disclose or process de-identified information for commercially legitimate and lawful business purposes. Where we have de-identified data, we will maintain and use it without attempting to re-identify the data other than as permitted under law.
We do not use sensitive personal information to infer characteristics about our business contacts.
DISCLOSURE AND TRANSFER OF PERSONAL INFORMATION
Except as set forth in this Policy, Bloom Energy will not disclose, share or sell your personal information. Personal information may occasionally be transferred to Bloom Energy affiliates and to third parties who act for or on behalf of Bloom Energy or in connection with the business of Bloom Energy, for our administrative purpose including activities such as IT management, for them to provide services to you, or to support and supplement the Services we provide. Such third parties may operate under different privacy policies. Bloom Energy may disclose the personal information collected (i) where disclosure is necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority; (ii) where disclosure would potentially mitigate Bloom Energy liability in an actual or potential lawsuit; (iii) where disclosure is otherwise necessary to protect Bloom Energy rights or property; (iv) where disclosure is necessary to protect the legal rights or property of others, including to protect the confidentiality or security of your personal information; (v) as part of a bankruptcy, merger, reorganization, or a sale of the assets of Bloom Energy, a subsidiary, or division; (vi) where disclosure is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences, and trends and dispute resolution; (vii) where disclosure is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors; or (vii) where it is otherwise necessary for us to disclose it as required or permitted by law.
We may share your information with the following categories of third parties:
Data analytics and advertising providers. We may use third-party Website Providers to monitor and analyze the use of our Site.
Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust personal information include service providers for: (i) provision of IT and related services; and (ii) processing to maintain our Human Resources Operations.
Affiliates and Subsidiaries. We may share personal information with our affiliates and subsidiaries for internal business purposes.
Public and Government Entities. We may share personal information with public and government entities as required to comply with local employment and tax laws.
Other Individuals. When you post content to the Intra-Company Site, other individuals may be able to see some information about you, such as your name and/or picture in addition to the content you post. We are not responsible for practices of the individuals who view and use your information.
Disclosures to Protect Us or Others. We may access, preserve, and disclose your personal information if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others’ rights, property, or safety; (iii) to enforce Bloom Energy policies and contracts; (iv) to collect amounts owed to us; (v) when we believe disclosure is necessary or appropriate to prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another entity, then your information may be transferred as part of such a transaction as permitted by law and/or contract.
We disclose the following categories of personal information to the following categories of third parties where necessary, appropriate, or required:
| Category of Personal Information Collected by Bloom Energy | Category of Third Parties Information is Disclosed to for a Business Purpose |
|---|---|
| Personal Identifiers |
|
| Demographic Information |
|
| Internet and Technical Information |
|
| Corporate Affiliation
|
|
| Communications |
|
| Social Media Content |
|
| Contest and Survey Information |
|
| Applicant Information |
|
| Individual Profiles |
|
| Sensitive Personal Information |
|
| Miscellaneous Information |
|
International Transfers of Data. Bloom Energy is located in the United States. Please note that by using our Sites, you give Bloom Energy your express and informed consent to transfer the personal information that you provide to Bloom Energy out of your country of residence to the United States, and to process it in the United States.
We may transfer the personal information we collect about customers and users to countries other than the country in which the personal information was originally collected. These countries may not have the same data protection laws as the country in which you provided the personal information. When we transfer personal information to other countries, we will protect the personal information as described in this Privacy Policy and comply with applicable legal requirements providing adequate protection for the transfer of personal information to countries outside the originating country.
By providing us with your personal information, you consent to this transfer to the U.S. which your country may not consider providing for adequate privacy protections. You may withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent prior to its withdrawal.
You may request more information about the safeguards that we have in place with respect to transfers of personal information by sending an email to privacy@Bloomenergy.com from the email address associated with your account.
SALE OF PERSONAL INFORMATION
We allow certain third parties to use cookies and other online tracking technologies to collect personal information on our Sites to support our business purposes. These third parties may analyze activity and help us personalize your experience. These third parties may also provide free or enhanced add-on services to our company, and they may use your personal information for purposes beyond the services they provide to our company (for example, building consumer profiles to help other clients with their targeted advertising or enriched analytics). These types of online exchanges of personal information may be defined as “sales” or “sharing” under applicable law(s), with some exceptions. We may “sell” or “share” (as defined by the law) the following categories of personal information to third party online analytics and advertising providers: personal identifiers; internet and technical information; corporate affiliation information (to the extent it can be derived from your activity on our website).
You have the right to opt-out of the “sale” or “sharing” of your personal information for cross context behavioral advertising or targeting purposes. To do so, you may manage your cookie preferences using the “help” menu of each browser on each device that you wish to opt-out or block some or all cookies.
You may also implement a browser setting or extension to communicate your selling and sharing preferences automatically to the websites you visit. The current “opt out preference signal” is called the Global Privacy Control (GPC). GPC is available on many browsers and browser extensions. To use GPC, download and enable it via a participating browser or browser extension. More information about the GPC is available here.
RETENTION OF PERSONAL INFORMATION
Bloom Energy endeavors to assure that all personal information is processed by entities with reasonable safeguards in place that are in accordance with the nature and sensitivity of such personal information. We will retain your personal information as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law. The criteria used to determine the retention periods include: (i) how long the personal information is needed to provide the services and operate the business; (ii) the type of personal information collected; and (iii) whether we are subject to a legal, contractual or similar obligation to retain the personal information (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
If your relationship with Bloom Energy ends, we will continue to treat your personal information, to the extent we retain it, as described in this Privacy Policy.
YOUR CHOICES
General
You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non- personal information regarding your activities on our Site and for other legal purposes as described above.
Email and Telephone Communications
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Use or this Privacy Policy).
We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.
Mobile Devices
We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. With your consent, we may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.
CHILDREN’S PRIVACY
Our Site is intended for a general audience, and we do not knowingly collect information about children or sell products or services to children. We do not knowingly collect personal information from anyone under the age of 13. If you are under the age of 13, you must ask your parent or guardian to assist you in using the Site. If you are a parent or guardian and you are aware that your child has provided us with personal information, please email us at privacy@Bloomenergy.com. If we become aware that we have collected personal information from children without verification of parental consent, we will take steps to remove that information from our servers.
If you are 16 years of age or older, you have the right to opt-out of the sale or sharing of your personal information. However, we never knowingly sell or share the personal information of minors under 16 years of age and would not do so in the future without affirmative authorization from you, if you are between 13 to 16 years of age, or from your parent or guardian if less than 13 years of age.
YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION
Only you, or someone legally authorized to act on your behalf (an “authorized agent”), may make a verifiable request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
An authorized agent must provide a power of attorney or written permission, signed by you, when submitting a verifiable consumer request on your behalf. We may require you to verify your identity directly with us and confirm you provided the authorized agent permission to submit the request.
You may have the following rights regarding your personal information under applicable laws, subject to a number of exceptions and limitations:
Right to Access Information
You may have the right to request access to the specific personal information we have collected about you, or to request:
- The categories of personal information we have collected and the purpose for which it was collected.
- The categories of sources for the personal information we collected.
- If we disclosed your personal information to a third party, the categories of third parties we disclose your personal information to, and the personal information types disclosed.
- If we sold your personal information and a list of the types of personal information sold to each category of recipient.
Right of Rectification or Correction
You may have the right to have your personal information rectified or corrected if that personal information is inaccurate or incomplete. Users are able to edit and update most of their personal information held by Bloom Energy on the Site, and if you have any queries or complaints, we encourage you to contact us at privacy@Bloomenergy.com.
Alternatively, if you do not wish to do this you may make a formal request to have Bloom Energy rectify any inaccurate personal information on your behalf.
Right to Limit or Restrict
You may have the right to object to or restrict the processing of your personal information under certain circumstances, including if we have no legitimate reasons to do so and in connection to direct marketing. If you have any queries or complaints about how we process your personal information, we encourage you to contact us at privacy@Bloomenergy.com.
Alternatively, if you do not wish to do this you may make a formal request to object to or restrict the processing of your personal information by Bloom Energy.
Right of Data Portability
You may have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format (or have this transferred to a third party). Users are able to access most of their personal information held by Bloom Energy on the Site, and if you have any queries or complaints, we encourage you to contact us at privacy@Bloomenergy.com.
Alternatively, you may make a formal request to access your personal information held by Bloom Energy. Bloom Energy will provide your personal information to you in a portable format to allow it to be transmitted to third parties.
Right of Deletion, Anonymization, or Blocking
You may have the right to request that we delete, anonymize, or block your personal information under certain conditions, such was when processing is based on your consent or when processing is unnecessary, excessive, or noncompliant. Users are able to access most of their personal information held by Bloom Energy on the Site, and if you have any queries or complaints, we encourage you to contact us at privacy@Bloomenergy.com.
Alternatively, if you do not wish to do this, you may make a formal request delete your personal information held by Bloom Energy. Once your request has been confirmed, Bloom Energy will initiate the necessary steps to execute this procedure.
Right to Opt-Out of Automated Decision Making and Profiling
You may have the right to not be subject to a decision solely based on automated processing, including profiling.
Right to Opt-In or Opt-Out of Sale or Sharing
You may have the right to opt-in or opt-out of the sale or sharing of your personal information, as defined under applicable law.
Right to Withdraw Your Consent
You may have the right to withdraw your consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our services may not be available.
Right of Non-Discrimination
You have the right not to receive discriminatory treatment by us when you exercise your rights .
Right to Appeal
You have the right to appeal if we deny your privacy request. Please contact privacy@bloomenergy.com if you wish to appeal. We will consider your request and applicable law and notify you of our decision.
Right to File a Complaint
You have the right to report concerns about our privacy practices, including the way we’ve handled your personal information, to the relevant supervisory or regulatory authority. If you would like to receive contact information for your local authority, you may contact us as provided below.
Other Rights
Under privacy and data protection legislation, an individual may have various other rights, such as the right to be informed about third parties with which your personal information has been shared and the right to request the review of decisions taken exclusively based on automated processing that could affect your rights. You also have the right to complain to a data protection authority about our collection and use of your personal information.
Some Limitations
Such rights of rectification, objection, restriction, access, portability, and deletion are subject to certain limitations, as provided for by applicable laws. Individual requests will be completed within the time allotted by relevant regulations, which starts to run from the point at which Bloom Energy confirms your request. Where permitted, please note there may be a charge for subsequent requests from the same individual, which will be determined by Bloom Energy and only imposed to the extent permitted by applicable law.
Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name, email address, phone number, or other personal information associated with your account.
Exercise Your Rights
To exercise the rights listed above:
- Submit a privacy inquiry form
- Send an email to privacy@Bloomenergy.com from the email address associated with your account
- Mail your written request to Attn: Compliance, Bloom Energy, 4353 North First Street, San Jose, CA 95134
We will process such requests in accordance with applicable laws.
LINKS TO OTHER SITES
This Privacy Policy applies only to Bloom Energy Sites and does not include third-party websites. Bloom Energy may include links to other websites that we believe may be of interest to our visitors. We aim to ensure that such websites meet the highest standard. However, due to the nature of the World Wide Web, Bloom Energy cannot guarantee the standards of every website link it provides, or be held responsible for the contents of non-Bloom Energy Sites. We encourage you to be aware when you are leaving Bloom Energy Sites and read the privacy policy of the site that you visit prior to providing any personal information.
WE HAVE NO CONTROL OVER AND ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE, OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO PLEASE CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.
SECURITY
The security of your personal information is important to us. We follow generally accepted industry standards to safeguard personal information, including physical, technical, and administrative measures to protect the information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use generally acceptable means to protect your information, we cannot guarantee its absolute security. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Site, by mail or by sending an email to you.
SUPPLEMENTAL NOTICES
California Shine the Light
Under California Civil Code sections 1798.83-1798.84, California customers are entitled to annually request and obtain information free of charge about what categories of personal information we shared with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes in the preceding calendar year. That notice will identify the categories of personal information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please email us at privacy@Bloomenergy.com from the email address associated with your account to ensure a timely response to your request.
Nevada Residents
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by contacting us at privacy@Bloomenergy.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.
European and Brazilian Users
Supervisory Authority
If you are located in the European Economic Area (EEA), Switzerland, the United Kingdom, or Brazil you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
Data Transfers
If you are located in the EEA or United Kingdom, we will only transfer your personal information if:
- The country to which the personal information will be transferred has been granted a European Commission adequacy decision; or
- We have put in place appropriate safeguards with respect to the transfer and security of your personal information, for example through EU standard contractual clauses with the recipient, or the recipient is a party to binding corporate rules.
The Legal Basis on Which Bloom Energy Collects Your Personal information
If you are from the EEA or United Kingdom, Bloom Energy’s legal basis for collecting, using, and disclosing the personal information described in this Privacy Policy may depend on the personal information we collect and the specific context in which we collect it. We will process your personal information when:
- It is necessary for the performance of our agreement with you;
- The processing is in our legitimate interests and it’s not overridden by your rights;
- We must do so to comply with applicable law; or
- You have given us permission to do so.
Right to Object: You have a right to object to the processing of your personal information where that processing is carried out for our legitimate interest or for direct marketing.
Performance of a Contract
Most of the processing of personal information by Bloom Energy is performed on the basis that it is necessary for the performance of our agreement with you, or in order to take steps at your request prior to entering such an agreement. Please be aware that, in certain circumstances, where you do not provide personal information which is required by us, we will not be able to provide the products and services under our contract with you or may not be able to comply with a legal obligation on us. You will be made aware if this situation arises and informed of the consequences of not providing the personal information will be.
Legitimate Interest
A second ground relied upon by Bloom Energy for other types of processing of your personal information is that it is necessary for the purposes of legitimate interests pursued by Bloom Energy. Such legitimate interests will include those in which Bloom Energy sends you marketing about our products and services, where we believe you have a reasonable expectation that we will perform a particular type of processing on your behalf, or where such processing is strictly necessary for fraud detection and prevention. Bloom Energy will only rely on such a ground where an assessment has been performed balancing the interests and rights involved and the necessity of the processing in order to provide our services, products, and features to you.
Compliance with a Legal Obligation
A third ground relied upon for certain types of processing is that it is necessary in order to allow Bloom Energy to comply with a legal obligation. We will disclose your personal information in the good faith belief that such action is necessary to:
- Comply with a legal obligation;
- Protect and defend the rights or property of Bloom Energy;
- Prevent or investigate possible wrongdoing in connection with the Site;
- Protect the personal safety of users of the Site or the public; or
- Protect against legal liability.
Consent
Finally, in certain limited situations, Bloom Energy relies on your consent in order to process your personal information. Where Bloom Energy requires your consent in order to collect and process your personal information, we seek your consent at the time of collection, and such processing will only be performed where consent is secured. For example, your consent will be sought where you provide your personal information when you fill out a Site form to request more information about Bloom Energy products.
Where the legal basis for us processing your personal information is that you have provided your consent, you may withdraw your consent at any time. You will not suffer any detriment for withdrawing your consent. If you withdraw your consent, this will not make unlawful any processing which we undertook prior to your withdrawal. You can withdraw your consent by sending an email to privacy@Bloomenergy.com from the email address associated with your account or by sending a written letter to Attn: Compliance, Bloom Energy, 4353 North First Street, San Jose, CA 95134.
QUESTIONS AND FEEDBACK
If you have any questions, comments, or concerns about our privacy practices or this Privacy Policy, or you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please submit a privacy inquiry form, contact us at privacy@Bloomenergy.com or:
Bloom Energy Corporate Headquarters
4353 North First Street
San Jose, California 95134
833-681-0637
Last updated: January 1, 2023