This privacy notice applies to your interaction with Powerhome's as a prospective, current, or former Powerhome's customer, visitor, or business partner. It describes how Powerhome's collects, uses, shares, and protects personal information from and about you, along with choices you can make about such information. This Privacy Notice is not a contract and does not create any legal rights or obligations.

What Information We Collect

Identification information that can be used to identify you, such as your name, alias, address, phone number, email address, payment information, login and access credentials, signatures, or other identifiers. We may also collect online identifiers, such as your IP address when you browse our websites or use our applications.

Commercial information, such as products or services you purchased or considered purchasing

Online activities information, such as browsing history, search history, and other information when you interact with our websites, applications, and advertisements. We, and our third-party partners, may also use analytics tools to collect information about your keystroke activity and rhythms, mouse movements, scrolling, and clicks when you use our websites or mobile applications.

What Are the Sources of Your Information

We collect different types of information about you from several sources, including information you provide to us, information we automatically collect.

Information You Provide

You may choose to provide us with information when you interact with us. Examples include:

• Identification information. You may provide your contact information in case we need to reach out to you. You may also set up your login and access credentials when creating or accessing your Powerhome's online account. To complete transactions, we collect your payment information.
• Commercial information. You may provide or generate commercial information regarding your Powerhome's purchases, returns, exchanges, warranties, and rebates.
• Audio, electronic, video, or image information. You may provide audio, video or photo to us, such as uploading a photo about your home improvement project or submitting a claim.

Information We Collect by Automated Means

Our website may use cookies and tracking technologies to enhance your browsing experience, analyze trends, and gather information about how users interact with our website. You can adjust your browser settings to manage cookie preferences, but please note that certain features of our website may not function correctly if cookies are disabled.

We collect geolocation data and audio, electronic, video, or image information, online activities, and identification information (e.g., your IP address, device ID, cookie ID, mobile advertising identifier, or pixel identifier).

How We Use Your Information

Powerhome uses personal data to power our services, process your transactions, communicate with you, for security and fraud prevention, and to comply with law. We may also use personal data for other purposes with your consent.

PowerHome may use your data under the following legal bases:

• Performance of a contract: Much of our processing of personal data is to meet our contractual obligations to our users, or to take steps at users’ requests in anticipation of entering into a contract with them. For example, we handle personal data on this basis to allow you to use our Services.
• Consent: Where required by law, and in some other cases, we handle personal data based on your implied or express consent.
• Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals. These legitimate interests include but are not limited to operating our business and services; providing security for our websites, products, software, or applications; marketing; receiving payments; preventing fraud; and knowing the customer to whom we are providing services.
• Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations (such as our obligation to share data with tax authorities).

Powerhome may use your data for the following purposes:

• Account registration and management;
• Processing orders and payments, as well as enabling shipping and delivery services for goods;
• Sending emails, text messages, push notifications, and in-app messages to market or advertise Powerhome products, services, promotions, sweepstakes and events;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our services, and policy changes.
  
  

How We Store Your Information

The information that we collect from you will be processed primarily in the United States, EU, and China.

We retain personal data only for so long as necessary to fulfill the purposes for which it was collected, including as described in this privacy policy or in our service-specific privacy notices, or as required by law.

We will retain your personal data for the period necessary to fulfill the purposes outlined in this privacy policy and our service-specific privacy summaries. When assessing retention periods, we first carefully examine whether it is necessary to retain the personal data collected and, if retention is required, work to retain the personal data for the shortest possible period permissible under law.

Changes to This Privacy Notice

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our information practices or relevant laws. We will post a notice on powerhome.com that point to this privacy notice to notify you of any substantive changes to the way we collect and use information.

Marketing Terms and Conditions

By "opting in" (as that term is defined below), you accept these Terms and Conditions and agree to resolve disputes with PowerHome through binding arbitration (and, with few exceptions, not to resolve disputes in court) and you waive your right to participate in a class action lawsuit, as described in more detail in the "Disputes" section below.

Definitions

• "Email" means one or more emails sent to your email address for any purpose, including informational, transactional, marketing, promotional, or sales purposes.
• "Opt-in", "opt-in" and "opt-in" (or similar words or phrases) mean to request, join, agree, sign up, register, confirm, or otherwise consent to receive one or more recurring text messages (as well as to participate in text messaging services), outbound phone calls, and emails.
• "PowerHome" means powerhome.com.
• "Outbound Call" means one or more calls made by PowerHome to your telephone number (including your wireless telephone number, if provided) to induce you to purchase goods or services.
• "Services" means, collectively, email, outbound calls, and text messaging services.
• "Text Messaging Service" means any arrangement or situation in which PowerHome sends (or indicates that it may send, or receives a request to send) one or more text messages (including recurring text messages).

Opt-In

Opt-in to any Text Messaging Service

You authorize PowerHome to send text messages using auto dialing or non-auto dialing technology to the cell phone number you provide at the time of your opt-in. You also authorize PowerHome to include marketing content in any such text messages.

• You are signing away your opt-in rights to the text messaging service.
• You confirm that you are a subscriber to the relevant telephone number, or that you are a habitual subscriber to that number on a home or business plan, and that you are authorized to opt-in.
• Supported carriers include Supported carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/ Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell, and Virgin Mobile. PowerHome and mobile carriers (including T-Mobile®) are not responsible for delayed or undeliverable messages. Please note, however, that supported mobile carriers are subject to change without notice, and the particular text messaging service you are enrolled in, including text messaging services that operate from different numbers, may be limited to a particular carrier.

By Opting In to receive Outbound Telephone Calls

• You authorize Powerhome to make outbound calls to the telephone number you provided at the time of your "opt-in" (including your wireless telephone number, if any) using an autodialer and/or general telemarketing methods. You also authorize Powerhome to call you in connection with transactional, informational, marketing, promotional, or sales-related matters.
• You are signing your "opt-in consent" to receive outbound calls.
• You confirm that you are a subscriber to the relevant telephone number or that you are a habitual subscriber to that number on a home or business plan and that you are authorized to opt in.

By Opting In to Receive Emails

• You authorize PowerHome to automatically generate, manually generate, individually generate, or as part of a mass email campaign, and to send email to the email address that you provided at the time of your opt-in (i.e., the email address listed on the opt-in form or instructions, or if none, the email address used at the time of your opt-in, or if none, the email address on file in the account associated with your opt-in). (email address) to send emails. You also authorize PowerHome to send marketing, promotional, and sales-related emails.
• You sign the "Opt-In Consent" to receive email.
• You confirm that you are the owner of the email account and address or that you are a customary authorized user of the email account and address.

Opting into any of the Services is not a condition of purchasing any product or service. In addition, for all Services, you consent to the use of electronic records to document your "opt-in". To withdraw your consent, to obtain a free copy of your opt-in record in paper or e-mail form, or to update your contact information in our records, please contact our online customer service. To view and retain an electronic copy of these Terms and Conditions, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) storage space on your printer or device. If you withdraw the above consent or opt out of any of the Services, these Terms and Conditions will still apply.

About the Services and Opting Out

• Email - Powerhome reserves the right to terminate Email at any time, with or without notice, but in any event these Terms and Conditions will still apply. To opt-out or unsubscribe from the Emails, please unsubscribe from the Emails by clicking on the "unsubscribe" link at the bottom of the Emails (or a similar link such as "click here"). Your request to opt out or unsubscribe from emails may be acknowledged, or you may be asked to clarify which emails your request may apply to (if you receive more than one type of email). To complete your request, please provide the requested clarification. In some cases, you will not be able to opt out or unsubscribe from emails related to a transaction.
• Outbound Calls - PowerHome reserves the right to terminate outbound calls at any time, with or without notice, but these terms and conditions will still apply in all cases. If you wish to opt out or withdraw your consent to receive outbound calls, please contact online customer service or, if you are speaking with a Home Solar representative, notify the Home Solar representative that you wish to opt-out or withdraw your consent.
• Text Messaging Service - Power Home Solar Services reserves the right to terminate the Text Messaging Service or your participation in the Text Messaging Service at any time, with or without notice, including, for example, before your receipt of any or all text messages you would otherwise receive, but in any event, these Terms and Conditions still apply. Message and data rates apply. Unless otherwise noted, text messaging services automatically send multiple recurring messages. For any text messaging service, you can get help by replying to the text message HELP or you can opt-out by replying to the text message STOP. Your opt-out request may generate a confirmation text message or a text message request indicating which SMS service it applies to (if you have more than one SMS service). To deselect, please provide the requested instructions.

In addition, for all services, you consent to the handling of your information as set forth in the Home Solar Products Privacy Policy, assistance can be obtained by contacting PowerHome Customer Service.

Disputes

Any dispute or claim arising out of or in any way related to the Services will be resolved through binding arbitration and not in court, except that you may file a claim in small claims court if your claim qualifies. The Federal Arbitration Act and the Federal Arbitration Act apply to these Terms and Conditions.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU WAIVE YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS COURT ACTIONS OR ADMINISTRATIVE PROCEDURES, TO RESOLVE ANY DISPUTE OR CLAIM. THE RULES OF ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, THE ARBITRATOR MAY AWARD THE SAME DAMAGES AND RELIEF AS IN COURT ON AN INDIVIDUAL BASIS AND MUST ENFORCE THE SAME LIMITATIONS AS IN COURT AS SET OUT IN THESE TERMS AND CONDITIONS.

To begin the arbitration process, you must send a Statement of Claim stating your claim to the American Arbitration Association (AAA) and serve a copy of the Statement of Claim on us, which you may choose to do by telephone, by written submission, or in person in the county in which you reside or at such other location as the parties may agree.

We both agree that any dispute resolution proceeding of any nature or in any court of law shall be conducted only on an individual basis and not as a class action, consolidated action, or representative action. This means that you may not purport to represent the class or any other person. Similarly, an arbitrator may not consolidate claims from more than one person or otherwise preside over any form of representative or class action.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial, unless such waiver is unenforceable under applicable law. This means that any claim will be decided by a judge, not a jury.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NORTH CAROLINA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST POWER HOME ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SERVICES.