FLUENCE NISPERA PRIVACY POLICY
This Privacy Policy for Fluence LLC (doing business as Fluence) ("we," "us," or "our"), describes how and why we might access, collect, store, use, and/or share ("process") your personal information when you use our services ("Services"), including when you:
Download and use our mobile application (Fluence Nispera),
Use Fluence Nispera; an asset performance management application designed for data analysis of functionality regarding powerplants
1. KEY POINTS OF OUR PRIVACY POLICY
This summary provides key points from our Privacy Policy, but you can find out more details about any of these topics by clicking the link following each key point or by using our scrolling down for detailed information.
What personal information do we process?
When an account is created for your use of our Services and you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use.
Do we process any sensitive personal information?
We do not process any information which is considered "special" or "sensitive" in certain jurisdictions, for example your racial or ethnic origins, sexual orientation, and religious beliefs.
Do we collect any information from third parties?
In certain cases, we may be provided your personal data from your companies or employers to create user profiles for you.
How do we process your information?
We process your information to provide, improve, and administer our Services, provide you better Services and to comply with the law. We may also process your information for other purposes with your consent for sending push notifications and locating your proximity to premises.
In what situations and with which parties do we share personal information?
We may only share your personal data for providing Services.
How do we keep your information safe?
We have adequate organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.
What are your rights?
Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
How do you exercise your rights?
The easiest way to exercise your rights is by submitting a data subject access request as detailed below by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. HOW DO WE KEEP YOUR INFORMATION SAFE
8. DO WE COLLECT INFORMATION FROM MINORS?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
11. DO WE MAKE UPDATES TO THIS NOTICE?
We collect personal information that is provided for the creation of your user and while you are using our Services or otherwise when you contact us.
The personal information we collect may include the following: name and surname, phone number, email address of the user.
We do not process sensitive information.
Application Data: If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:
Geolocation Information: We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
Mobile Device Data: We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
Push Notifications: We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.
Diagnostic Data: We may collect anonymized security diagnostics data such as application state and security, device state and security, anonymous application instance ID and device ID to provide a security report, improve security tools and prepare mobile security reports as well as articles.
This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
We process your personal information for a variety of reasons including but not limited to:
To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service such as user creation or proximity
To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure,
We only process your personal data with your consent only when we require the Services to process either your geolocation information for proximity calculation or for push notifications.
We process your personal information such as your name, surname and e-mail information as well as information about how you use our Services when it is necessary to fulfill our contractual obligations to you, including providing our Services.
We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to: diagnose problems and/or prevent any problems.
We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
In legal terms, we are generally the "data controller" under European data protection laws of the personal information described in this Privacy Notice, since we determine the means and/or purposes of the data processing we perform. This Privacy Notice does not apply to the personal information we process as a "data processor" on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the "data controller" responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers' privacy practices, you should read their privacy policies and direct any questions you have to them.
We may need to share your personal information in the following situations:
When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). Google Maps uses GPS, Wi-Fi, and cell towers to estimate your location. GPS is accurate to about 20 meters, while Wi-Fi and cell towers help improve accuracy when GPS signals are weak, like indoors. This data helps Google Maps provide directions, but it is not always perfectly precise.
We share anonymized security diagnostics such as application state and security, device state and security, anonymous app instance ID and device ID with our security service providers for cyber security of our application.
We may share your information with our suppliers to better our services and provide you our systems.
We do not use any cookies or other tracking technologies in our App or Service.
We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than until the deletion of the user.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
We do not knowingly collect data from or market to children under 18 years of age.
By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.
In some regions (like the EEA, UK, and Switzerland), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information.
We will consider and act upon any request in accordance with applicable data protection laws.
If you are located in the EEA or UK or Switzerland and you believe we are unlawfully processing your personal information, you also have the right to complain to applicable data protection authorities.
You have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided below.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. We will only use personal information provided in your request to verify your identity or authority to make the request. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes.
If you have questions or comments about this notice, you may contact our Data Protection and Privacy Manager by email at dpt_global@fluenceenergy.com or contact us by post at:
Fluence Energy
Data Protection and Privacy Office
Schallershofer Strasse 143
Erlangen 91056
Germany
If you are a resident in the European Economic Area or Switzerland, we are the "data controller" of your personal information. We have appointed a contact point to be our representative in the EEA and Switzerland. You can contact them directly regarding our processing of your information, by email at dpt_eu@fluenceenergy.com, by visiting https://fluenceenergy.com/, by phone at +49 301 663 6272, or by post to:
Fluence Energy
Data Protection and Privacy Office
Schallershofer Strasse 143
Erlangen 91056
Germany
We may update this Privacy Notice from time to time. The updated version will be indicated by an updated "Revised" date at the top of this Privacy Notice. If we make material changes to this Privacy Notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Notice frequently to be informed of how we are protecting your information.