In this Policy, personal information is any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. This Policy also describes the measures we take to protect the security of the personal information we collect and how you can contact SunPower about our personal information protection practices.
To the extent that we use your personal information in ways not set out in this Policy, we will provide a specific notice at the time of collection, and obtain your consent to the collection and use, where required by applicable law.
Click below to jump to a specific section of this Policy:
- Our collection of personal information
- Our use of your personal information
- Direct Marketing Communications and Unsubscribe or Opt-out
- Use of interactive features and copyright infringement notices
- Disclosures of your personal information
- Storage and use of your personal information outside your jurisdiction
- Changes to the Policy
- Exercise of your rights
- Contact Us
The Digital Platforms are not directed to and should not be used by minors. We do not knowingly collect personal information from minors (namely, individuals under the age of 18).
The personal information we directly collect from you
When you visit and interact with our Digital Platforms, we collect information about you, including personal information that may directly or indirectly identify you.
The following explains the categories of personal information we may collect from you and how we collect such information:
- Online Forms: When you complete an online form to allow SunPower, or a SunPower authorized independent distributor, to contact you, we collect identifiers such as your name, address, telephone number, and email address. We may also collect information relating to your energy consumption, geolocation information, and images of your home from publicly available sources, such as Google Earth.
- Communications with SunPower: When you contact SunPower by telephone, email or other electronic means, such as online chat, or social media accounts, including through private message features, we collect identifiers and any other personal information you choose to provide, as explained below.
- Telephone: When you contact SunPower by telephone, we will collect the telephone number that you use to call SunPower. During a call, SunPower may additionally collect your name, address, email address, and information about your energy needs and usage, as well as information about your SunPower system and any issues you may be experiencing. If you are representing a business contact for a commercial client or prospect, this may include your personal information. SunPower records its telephone calls for training and quality assurance purposes. You have the option to proceed on a recorded or non-recorded line.
- Email and Electronic Means: When you communicate with SunPower via email or other electronic means, including through any virtual assistant, we will collect your user or screen name, email address, name and any personal information you voluntarily choose to include in the communication, so that we can respond to your inquiry and provide you with quality service.
- Business Contacts: SunPower collects the personal or business contact information you provide at trade shows or similar events, including through business card scans or drops, to allow us to contact you or to receive information about us, opportunities with us, or our product or services.
- Testimonials: When you provide testimonials to SunPower for us to publish on the Digital Platforms or in marketing materials, with your consent, we collect and may publish identifiers that may include your name, contact information, and information about your experience with SunPower products and services.
- Product Warranty Registrations: If you register a product warranty with SunPower or authorize an independent distributor to do so on your behalf, we will collect your name, address, information about products purchased, and contact information, including telephone number and email address.
- Social Media, Online Forum, Blogs, Message Boards, Chat Rooms: You may choose to interact with SunPower via social media platforms on which SunPower is active, including, but not limited to Facebook, LinkedIn, or through blogs, chat or messaging features available through the Digital Platforms. Relating to these interactions, SunPower may collect your screen name, real name and any information that you choose to provide such as posts, comments or feedback that you post or leave on pages, feeds or inboxes belonging to SunPower. There are areas of the Digital Platforms and social media platforms that are visible to other users or the general public, e.g., blogs. We recommend that you do not post personal information to these areas of the Digital Platforms. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN PUBLIC AREAS OR FORUMS.
- Applications: When you sign up or use a SunPower application or service, we collect the personal information you provide to create a profile or account. This may include identifiers such as your name, address, zip or postal code, telephone number, and e-mail address.
- Surveys: If you respond to surveys issued by SunPower, we will collect your e-mail address, name, and any information you provide in response to or relating to the survey. If we disclose information relating to the survey to third parties, we will do so in non-identifying, aggregated form.
- Consent: We may use your personal information for any other purpose for which you consent (including any purposes disclosed in this Policy).
- Combining Information We Collect: We may combine any of the information we collect from or about you and use it in the manner described in this Policy.
The circumstances in which we collect information from you outlined above include where we collect information from you in your personal capacity or where you are acting on behalf of a third party whom you represent, (for instance as an employee, contractor or agent).
We do not seek sensitive information about you (such as health or medical history, ethnicity, political leanings, religious beliefs, trade union membership, sexual preferences, etc.) and you should not provide such information to us.
Wherever practicable, we will enable you to deal with SunPower anonymously or pseudonymously, however, in many cases it is not practicable to interact in this way. If you choose not to provide some of your personal information, this may prevent us from providing our products or services to you or limit our ability to provide the level of service you would normally expect from us.
Personal information that we collect on the Digital Platforms
The Digital Platforms contain links to other third-party websites. If you follow a link to any of those third-party websites, please note that they have their own privacy policies and practices. SunPower does not accept any responsibility or liability for third-party websites' policies or collection, use, disclosure or management of your personal information. Please check these policies before you submit any personal information to any third-party websites.
Personal Information SunPower receives from third parties
- Third Parties with Whom We Have a Relationship – SunPower may receive your personal information from third parties with whom we have a relationship, including our authorized independent distributors, in connection with your purchase of a SunPower system, e.g. a warranty registration.
- Purchase of Personal Information from Unaffiliated Third Parties – Where permitted by applicable law, SunPower may choose to purchase your personal information from third-parties, e.g. lead generators, and will use your information in accordance with applicable law (and with your consent, where required), to determine whether you are interested in purchasing a SunPower product or service, whether that product or service is right for you, or whether the opportunity to become a SunPower installer or distributor is of interest to you.
- Referral Programs: We may receive your personal information from third-parties as part of a referral program, including our "Refer a Friend" or "Friends and Family" programs and offers. These may include programs offered by your employer, trade groups or affiliation groups. Your information will only be used for determining your interest in a SunPower product. If you provide us with personal information about any third-party who is an individual, you must obtain that person's permission to give us the information and inform them that you have given the information to us.
- Third-Party Site Information: Some of our applications leverage data, including images, from third-party sites or databases, including "Google Earth" images included in our "design a system" or "estimator" functionalities or utility information provided to us by your utility company with your consent. Where required, we will seek your consent to collect this data.
We use the personal information or non-identifiable information we collect to facilitate the business relationship we have with you, to comply with our legal and financial obligations, and to pursue our legitimate business interests, which include the business purposes set out below:
- To provide or deliver to you the information, products, services, support or transactions you requested from us, including through the Digital Platforms, such as a consultation/quote with SunPower or an approved SunPower installer or independent distributor (where available), blog or newsletter subscription, or our energy savings calculation/ estimators, to process your order, and to supply and/or install such products and related services, including product maintenance, product safety notices and warranty servicing, where applicable.
- To respond to your queries, including where you have provided us your contact information at a trade show or similar event.
- If we communicate with you by telephone (for instance, if we call you to conduct a consultation you have requested via the Digital Platforms or if you call our customer service center with a query about one of our products or services), we may record and monitor our call to help train our staff and to ensure a high quality of customer service.
- Where you have submitted your personal data relating to a job application, to process and evaluate your application.
- To directly market our products, services and, where relevant, installer opportunities or distributorships, to you.
- If you are interested in purchasing our products and services, to provide independent distributors/ installers of our products in your area with your information so they can contact you with purchasing and pricing details. Or if you have provided your information to a distributor/installer that chooses to disclose this information to us, including for warranty registration and servicing purposes.
- To better understand how you use the Digital Platforms and to produce statistical reports of aggregate website activity.
- To identify patterns and trends related to your use of the Digital Platforms to enable us to improve the design and operation of the Digital Platforms and your browsing experience.
- To improve our products and services.
- To validate your identity in connection with any consents obtained from you via the Digital Platforms.
- To analyze and improve the effectiveness of our marketing programs and the Digital Platforms.
- From time to time, we may release in aggregate the browsing information we have gathered from visitors, such as by publishing a report on trends in the usage of the Digital Platforms which may be anonymous.
- To gather further information about you from third party sources. For instance, we may use your email address to gather information about which social networks and other web services you subscribe to for analytical or personalisation purposes to improve our products and improve the Digital Platforms for users.
- To manage our contractual relationships with vendors, suppliers and other third parties with whom we do business.
- To conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business and to improve the effectiveness of our marketing activities.
- To allow you to participate in interactive features of our service, when you choose to do so.
- Where you have agreed, we may use your personal information to send you information promoting our and selected third parties' products and services by post, fax, telephone, email, text and/or via social networks and other web-based services you subscribe to, and where required by law, we will ask for your consent at the time we collect your personal information to conduct any of these types of marketing, (subject to paragraph 4 below).
- If you agree to receive direct marketing from other companies, we may disclose your email address and other contact details to other companies so that they can contact you directly about their products and services.
- We use personal information to comply with international laws applicable to publicly traded companies, including those relating to the detection, prevention and monitoring of fraud, anti-corruption, and money-laundering, which including obligations like Know-Your-Customer and reporting obligations.
- To monitor, detect and prevent fraud.
We may send you marketing communications, including email communications about our products and services, invite you to our events, or otherwise communicate with you for direct marketing purposes, provided that we do so in accordance with applicable law, including any consent requirements. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in paragraph 11 below.
Copyright infringement notices submitted to us by you will be forwarded to the person responsible for the alleged copyright infringement. Other complaints about the content of our Digital Platforms may also be forwarded to any persons referred to in the complaint.
We may share your personal information with trusted third parties or in other instances, including where required by law. We will use contractual or other means, (e.g. Binding Corporate Rules (BCRs)), to protect personal information disclosed to third parties where required to ensure that the recipient keeps the personal information confidential and does not use it for any other purpose except performing the services.
- Related Bodies Corporate: We share personal information we collect amongst SunPower's related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth)) to provide our products and services and for internal business administrative purposes.
- Business Partners: We share personal information with business partners, including independent distributors or installers, to provide our products and services.
- Service Providers: We share personal information with service providers that: (1) process information on our behalf; (2) provide infrastructure, products or services to us or on our behalf or help us operate or improve our business, including mailing services, printing, archival and contract management services; (3) participate with us in the provision, maintenance, or operation of the Digital Platforms, including application, development and technical support, processing, storing, hosting and data analysis; and (4) provide you with information, products and/services relating to your SunPower system or when it is necessary to provide information, products or services to you.
- Our Professional Advisers: We share personal information with our professional advisers (such as lawyers, accountants or auditors) to the extent that is reasonably required.
- Financiers: We share personal information with third parties for the purpose of providing financing of your purchases of products or services from us.
- Your representatives: We share personal information any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives.
- Corporate Transactions: In the event we enter into or intend to enter into a transaction that alters our business structure, such as a sale, reorganization, merger, joint venture, change of control or other disposition of all or any portion of our business, assets or stock, we may share your personal information with third parties to facilitate and/or complete the transaction.
- By Law, to Protect Rights and to Comply with Our Policies: We disclose your personal information if required or authorized to do so by applicable law, including when: (1) required to do so by law, e.g. in response to a subpoena or court order (domestic or overseas) or an inquiry by regulators anywhere in the world; (2) we believe, in our sole discretion, that disclosure is reasonably necessary to protect against fraud, or to protect the contractual or property or other rights of us or other users, third parties or the public at large; or (3) we believe that you have abused the Digital Platforms by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
We store your personal information in different ways, including in paper and in electronic form, both at our own premises and with the assistance of our service providers.
We take all reasonable precautions and implement appropriate technical and organizational measures to ensure a level of security to protect the security and the confidentiality of your personal information against unauthorized access, disclosure, alteration or destruction. Third-parties who provide services related to our information technology systems are also obliged to protect the security and the confidentiality of your personal information against unauthorized access, disclosure, alteration or destruction. However, no data transmission over the Internet or from a website can be guaranteed to be secure from intrusion. Therefore, while we use reasonable efforts to protect your personal information in accordance with data protection legislation requirements, we cannot guarantee its absolute security. Any unauthorized access to or use of the Digital Platforms or the information stored by us should be reported to us immediately by sending us an email.
All personal information you provide to us is stored on our secure servers (and the secure servers of our service providers), accessed and used subject to our security policies and standards (and the security policies and standards of our service providers). Where we have given you (or where you have chosen) a password and/or user name which enables you to access certain parts of the Digital Platforms, you are responsible for keeping this password and/or user name confidential and for complying with any other security procedures that we notify you of. We ask that you never share a password with anyone.
Your personal information may be accessed by staff or suppliers in, transferred to, and/or stored at, a destination outside Australia in which data protection laws may be of a lower standard than in Australia. We store the information we collect via the Digital Platforms and other sources (such as our customer call centers) on centralized computer systems hosted by or on behalf of SunPower. These are located outside of Australia, including in the European Economic Area, the United States and the Philippines.
Please be aware that you may have fewer rights in respect of information stored in and disclosed from the European Economic Area, the United States or the Philippines by SunPower about you. In such instances, SunPower has engaged suppliers who are United States Privacy Shield certified and/or have otherwise agreed to protect such information in accordance with European data protection laws.
In addition, each of SunPower's operating subsidiaries have executed BCRs relating to how data is handled and/or transferred. These BCRs were approved by competent supervisory data protection authorities in the European Union, and provide adequate protection to personal information within SunPower all over the world, even in cases where SunPower undertakings are established in countries where the level of data protection is not considered commensurate with the level offered by Australian data protection laws. A summary of these BCRs can be found here. A list of all operating subsidiaries bound by these BCRs can be found here.
In accordance with applicable data protection legislation, we will retain your personal information for as long as is necessary for the purposes for which it was collected. Certain transaction details and services and correspondence, such as those relating to your purchase of SunPower products or the warranty on your SunPower products, may be retained until the time limit for claims in respect of the transaction has expired or in order to comply with regulatory requirements regarding the retention of such personal information, and then archived in accordance with legal requirements, i.e. with statutory limitation requirements. Certain personal information, including those of individuals who provide personal information to SunPower, but who do not purchase SunPower products or services within two years of initial contact with SunPower, will be deleted or otherwise archived after two years from the initial date of contact with SunPower.
Due to changes in technology, applicable law and our activities or due to other business reasons, we may need to modify this Policy from time to time. The "Last Updated" date at the bottom of this Policy will let you know when it was last revised. Any changes to this Policy will become effective when we make the revised version of this Policy available on our website, sunpower.com.au and update the links to the Policy on the Digital Platforms. We will not provide you with a notice advising of the change. It is therefore important that you regularly check our website, sunpower.com.au, and the Digital Platforms for any changes affecting this Policy. If you have concerns about this Policy, please contact us via the contact information provided in the "Contact Us" section below.
Under the relevant data protection legislation you have the following rights regarding your personal information:
- Access – You can ask to see the personal information SunPower holds about you. SunPower may validate your identity and access rights. SunPower may charge you a fee to access your personal information. We will advise you of any fee in advance. Applicable law or regulatory requirements may prevent us from disclosing some or all the personal information we hold about you. Some personal information may have been destroyed, erased or anonymized. Where we cannot provide you your personal information, we will tell you why, subject to any legal or regulatory restrictions.
- Correction or Deletion of Personal Information – You may request correction or deletion of the personal information we hold about you. SunPower reserves the right not to change or delete personal information it considers to be accurate or necessary to be maintained. We reserve the right to request legal confirmation of changes. If personal information is inaccurate, we will revise it and, unless it proves impossible or involves disproportionate efforts or cost, inform agents, service providers or other third parties, which were provided with inaccurate information, so their records may be updated.
- Withdrawal of Consent – If you consented to the collection, use or disclosure of your information, you may (in certain instances) withdraw that consent at any time, which will not affect the lawfulness of the collection, use or disclosure before your consent was withdrawn.
- Complaints – You have the right to lodge a complaint to us or the data protection authority if you believe that SunPower has not complied with the requirements of relevant data protection laws with regard to your personal information.
You can exercise these rights by writing to us at SunPower Corporation Australia Pty Ltd, Suite 12, 214 Bay St., Brighton VIC 3186, Australia or by sending an email to firstname.lastname@example.org, including your full name, contact details and a copy of your identity document.
SunPower Corporation Australia Pty Ltd can be contacted about this Policy or our collection, use, disclosure or management of your personal information at the following:
SunPower Corporation Australia Pty Ltd
Suite 207, 28 Riddell Parade
Elsternwick VIC 3185
Send us an email
Telephone: 1 800 786 769
Data Protection Authority
If you are not satisfied with the way in which we handle your query, concern or complaint, you can contact the Office of the Australian Information Commissioner by any of the following methods:
Phone: 1300 363 922 (calling from inside Australia)
Phone: +61 2 9284 9749 (calling from outside Australia)
TTY: 133 677 then ask for 1300 363 922
Fax: +61 2 9284 9666
Mail: GPO Box 5218, Sydney NSW 2001
This Policy was last updated on August 14, 2019