Terms of Service

Introduction

Baya Build Inc. and its affiliates (“Baya Build”) respect your concerns about privacy. This Privacy Policy explains Baya Build’s policies and procedures regarding information we collect from or about our customers and their use of our products and services. Baya Build intends to provide you with a level of comfort and confidence in how we collect, use, share, and safeguard information that we collect. This Privacy Policy also explains how you can contact us if you have any questions or concerns. By providing information to us or by using our products or services, you agree to the terms and conditions of this Privacy Policy.

Information We May Collect

We collect two main types of information related to you or your use of our products and services: (1) information from or about you or your devices; (2) information from or about your property or project. Depending on the Baya Build products and services you request, own, or use, not all of these types of information may be applicable to you.

From or about you or your devices

We may collect information from or about you (such as your name, address, phone number, e-mail, payment information, driver’s license or other government identification information) or your devices in a variety of ways, including:

Through our Digital Services: We may collect information from or about you through our websites, software applications, social media pages, e-mail messages, or other digital services (the “Digital Services”), e.g., when you sign up for a newsletter, make a purchase, or register your product with us. From other sources: We also may receive information about you from other sources, such as public databases, joint marketing partners, certified installers and social media platforms. Baya Build Account: Customers who purchase certain Baya Build products will receive a Baya Build Account, which is hosted on our website. We may collect and process the following types of data for your Baya Build Account that you elect to provide to us: your customer registration information; the status of your order; warranty and other documentation for your Baya Build products; and general information about your Baya Build products (including, for example, bill of materials, features or extra packages), and similar information. You can access your Baya Build Account to update the information from or about you in that account at any time. When you visit our website or otherwise use our Digital Services, we may use cookies, pixel tags, analytics tools, and other similar technologies to help provide and improve our Digital Services, and as detailed below:

Cookies: 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 Digital Services, pages visited, language preferences, and other web traffic data. We, and our service providers, use the information for security purposes, to facilitate online navigation, to display information more effectively, to personalize your experience while using the Digital Services, and to otherwise analyze user activity. We can recognize your computer to assist your use of the Digital Services. We also gather statistical information about the usage of the Digital Services in order to continually improve their design and functionality, understand how the Digital Services are used, and assist us with resolving questions regarding the Digital Services. Cookies further allow us to select which of our offers are most likely to appeal to you and to display them to you. We may also use cookies to see how you interact with our offers, and we may use cookies or other files to understand your use of our websites. If you do not want information collected through the use of cookies when using your Baya Build 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 Digital 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 Digital Services. Pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Digital Services to, among other things, track the actions of users of the Digital Services (including e-mail recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Digital Services and response rates. Analytics tools: 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.

From or about your Baya Build

We also may use information we collect for other purposes, including:

For our business purposes, such as data analysis, audits, fraud monitoring and prevention, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities. Except as described above and below, Baya Build may use or share information that does not personally identify you for any purpose, such as for operational or research purposes, for industry analysis, to improve or modify our products and services, to better tailor our products and services to your needs, and where legally required.

How We May Share Information We Collect

We may share information we collect with our service providers and business partners, with other third parties you authorize, with other third parties when required by law, and in other circumstances. Examples of how we share information with these parties and under these circumstances are provided below.

With our service providers and business partners

We may share information with our service providers and business partners when necessary to perform services on our or on your behalf, such as in the following circumstances:

With Baya Build affiliates for the purposes described in this Privacy Policy. Baya Build affiliates are companies that are owned or controlled by Baya Build Inc. and companies in which Baya Build Inc. has a substantial ownership interest. With our third party service providers and channel partners to provide services such as website hosting, data analysis and storage, payment processing, order fulfillment and product installation, wireless connectivity to Baya Build products, information technology and related infrastructure, customer service, product design, product diagnostics, maintenance or related services, e-mail delivery, credit card processing, auditing, marketing, voice command processing, and other similar services. With other third party business partners to the extent that they are involved in the purchase, lease, or service of your Baya Build products. We share limited information from or about you or your Baya Build products to allow you to take advantage of those services if you elect to utilize them, with such partners as finance, leasing, registration, title companies, electric utilities, permitting authorities and insurance companies. With other third parties you authorize

We may share information with other third parties you authorize, such as in the following circumstances:

With our certified installers, where we do not directly sell you the energy products that you have requested, or with third party utilities or energy services companies, where you have agreed to allow them to monitor or control your energy product. With third party service centers or providers, if you choose to utilize them. Note that some information about you is stored on certain Baya Build products and may be accessible directly to the third party service centers or providers that you choose to utilize to diagnose or service your Baya Build product. With third-party sponsors of contests and similar promotions, if you elect to participate. With your social media account provider, if you connect your Baya Build 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.

With other third parties when required by law

Baya Build may transfer and disclose information, including information that may or may not personally identify you, 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; in response to a lawful request by governmental authorities conducting an investigation, including to comply with law enforcement requirements; 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 our products and services, Baya Build, third parties, visitors, or the public, as determined by us in our sole discretion.

In other circumstances

We may share information in other circumstances, such as:

With your employer or other fleet operator or the owner of the Baya Build product, if you do not directly own it and as authorized under applicable law. With 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).

We do not share information that personally identifies you with unaffiliated third parties for their marketing purposes unless you opt in to that sharing.

If you wish to opt out of any processing of information for which you have provided your prior explicit opt-in consent, you may do so by contacting us as indicated in the “How to Contact Us” section below.

Cross Border Transfers

Our products and services are controlled and operated from the United States. Information from or about you or your use of our products or services 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 information from or about you or your use of our products or services to other countries, we will protect it as described in this Privacy Policy. By using our products or services, or otherwise providing information to us, you consent to the transfer of information from or about you or your use of our products or services to countries outside of your country of residence, including the United States.

Rights and Choices

As detailed in the sections above, we give you many choices regarding our collection, use, and sharing of information from or about you or your use of our products or services. These include:

Configuring your browser to decline or accept cookies.
Opting out of analytics tools.
Opting out of certain electronic communications or promotional calls.
Disabling the collection of performance data from your Baya Build energy product.
Opting out of other types of data processing for which you have provided your prior explicit opt-in consent.
This section further explains the rights and choices that may apply depending on your jurisdiction.

In certain jurisdictions you may have the rights to request access to and receive information about certain information we maintain about you; update and correct inaccuracies in that information; have the information restricted or deleted; object or withdraw your consent to certain uses of information; and lodge a complaint with your local supervisory authority. You may also have the right to data portability with regard to the data you provided to us. These rights may be limited in some circumstances by local law.

You have several methods to exercise your rights, including:

You can access your Baya Build Account to update the information from or about you in that account at any time.

If you would like to exercise your rights in relation to information from or about you, you may contact us at the address below.

In your request, please make clear what information you would like to have changed, whether you would like to have the 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 the information that you have provided to us. For your protection, we may only implement requests with respect to the information associated with the particular e-mail address that you use to send us your request, or we may need to verify your identity before implementing your request.

Please note that we may need to retain certain information for record-keeping 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 information provided until after the completion of such purchase or promotion).

Security

We seek to use reasonable organizational, technical, and administrative measures to protect 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.

If you sell or transfer your Baya Build product to another person, please notify us so that we can determine whether additional steps are required to help safeguard information from or about you from disclosure to the purchaser or transferee of the Baya Build product.

Retention Period

We will retain information we collect from or about our customers, our products, and our services for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. When the information is no longer necessary for these purposes, we delete it or keep it in a form that does not identify you. When determining this retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature of our relationship with you, the impact on the services we provide to you if we delete some information from or about you, and retention periods required by law.

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 our Digital Services link. The inclusion of a link on our Digital 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 information you disclose to other organizations through or in connection with our software applications or social media pages.

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 our Digital Services. By using our products or services, or otherwise providing 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 ask about your ability to exercise your privacy rights described above, please contact us:

via e‐mail at privacy@bayabuild.com

via mail at Baya Build Inc., Attn: Legal, 45500 Fremont Boulevard, Fremont, California 94538, United States.

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.

Last Updated May 2018