Introduction

Fluence Energy, LLC, and our global subsidiaries and affiliates (“Fluence”, “Company”, “us” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy, the California Privacy Rights Act (CPRA), the General Data Protection Regulation (GDPR), Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) and other relevant country data protection regulations.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.fluenceenergy.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

In this policy, “personal information / data” refers to any information that identifies you personally, including contact information such as your name, email address, company name, address, phone number, and other information about yourself or your business. “Processing” refers to any operation or set of operations performed on personal data or sets of personal data. As a global company, Fluence operates both as a “Data Controller” and a “Data Processor” as defined in the GDPR.

This policy applies to information we collect on or through this Website. It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by any third party; or
  • any third party, including through any application or content (including advertising) that may link to the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 15 years of age. No one under age 15 may provide any information to the Website. We do not knowingly collect personal information from children under 15. If you are under 15, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 15, we will delete that information. If you believe we might have any information from or about a child under 15, please contact us using the details in our “Contact Information” section.

Information We Collect About You

We collect several types of information from and about users of our Website, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, and job title (“personal information”);
  • that is about you but individually does not identify you, such as your employer’s name and location; and/or
  • about your internet connection, the equipment you use to access our Website, and usage details.

Information You Voluntarily Provide to Us

The information we collect directly from you on or through our Website may encompass:

  • Information that you provide by completing forms on our Website, including at the time of requesting further services or information.
  • Records and copies of your correspondence (including email addresses), if you reach out to us based on the contact information provided on our Website.

Information We Collect Through Automatic Data Collection Technologies

As you explore and interact with our Website, we may use automatic data collection technologies to accumulate certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, comprising traffic data, location data, logs, and other communication data, and the resources that you access and use on the Website.
  • Information about your computer and internet connection, such as your IP address, operating system, and browser type.

The information we gather automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser Cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website
  • Flash Cookies. Certain features of our Website may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  • Log Files. There is information about your computer hardware and software that is automatically collected by us. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times, and referring website addresses.

We do not collect personal information automatically, but we may link the aforementioned statistical data to personal information about you that we collect from other sources or you provide to us.

Methods of Data Collection

We gather this information:

  • Directly from you when you provide it to us; and
  • Indirectly, as you navigate through the site. Information collected indirectly may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website are served by third parties, including ad networks and servers, content providers, and application providers. These third parties may use cookies, web beacons, or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information, or they may collect information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, in the following ways:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide through it.
  • To allow you to participate in interactive features on our Website.
  • To improve our Website, products, or services, marketing, or customer relationships and experiences.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fluence Energy, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Fluence Energy, LLC about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • • To comply with any court order, law, or legal process, including responding to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fluence Energy, LLC, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties products or services, you can opt out by sending us an email stating your request to the email stated under the “Contact Information” section. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product service purchase, warranty registration, product service experience, or other transactions.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

Your Rights Under GDPR, CPRA, and APP

Under GDPR, CPRA, and APP, you have specific rights regarding your personal data. Since Fluence operates in many regions, you can see your general and most comprehensive rights on this page. Therefore, while your rights set out in the data protection regulations that may vary regionally are generally included on this page, your rights that may differ may be included in the documents on the sub-page links. If there is no relevant right in the data protection regulations of your country or region, your rights will be processed according to the restrictions of that territory or country. Thus, please keep in mind that you may be asked for additional information to confirm which country you are in when making rights requests. These include:

  • Right of Access: You have the right to request a copy of the personal data we hold about you.
  • Right to Rectification: If the personal data we hold about you is incorrect or incomplete, you have the right to have this information corrected or completed.
  • Right to Erasure (Right to be Forgotten): In certain circumstances, you have the right to have your personal data erased. Your information can be erased if the data is no longer necessary for the purpose for which it was collected, and we have no other legal ground for processing the data.
  • Right to Restriction of Processing: You have the right to request the restriction of processing of your personal data. This allows you to ask us to suspend the processing of personal data about you, for example, if you want us to establish its accuracy or the reason for processing it.
  • Right to Data Portability: You have the right to obtain and reuse your personal data for your purposes across different services.
  • Right to Object: You have the right to object to the processing of your personal data in certain circumstances, including for direct marketing purposes.
  • Rights about automated decision-making and profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
  • Right to withdraw consent at any time: You have the right to withdraw your consent at any time when we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

For EU residents,
In our EU Privacy Policy, Fluence explains in the context of the EU GDPR requirements how our company uses the personal data we collect from you when using our website or the service referenced therein.

For UK residents,
In our EU Privacy Policy and UK Privacy Rights Addendum, Fluence explains in the context of the EU GDPR and UK Data Protection regulations requirements how our company uses the personal data we collect from you when using our website or the service referenced therein.

For California and US residents,
Fluence has obligations which are set out in CCPA, CPRA, and other applicable State and Territory privacy laws. Fluence’s Privacy Policy and Addendums complies with these requirements.
We do not disclose personal information to third parties for direct marketing purposes. Nevertheless, California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.
As per the CPRA, you have the following additional rights:
• Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by the California Consumer Privacy Act (CCPA).
• Right to Opt-Out of Sale of Personal Information: You have the right to direct us not to sell your personal information at any time (the “right to opt-out”). To exercise the right to opt out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: [Insert the “Do Not Sell My Personal Information” document link here].

For Australian residents,
Fluence has obligations concerning the collection, use, disclosure, and storage of personal information. These obligations are set out in the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act), and other applicable State and Territory privacy laws. Fluence’s Privacy Policy and Addendums complies with these requirements.
As per the Australian Privacy Principles, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal information infringes the Australian Privacy Principles.
To exercise these rights, please contact us using the details in our “Contact Information” section. Please note that we may need to retain certain information for recordkeeping purposes, to complete transactions, or to comply with our legal obligations.

Disclosure of Personal Information Outside Australia
Some of the third parties to whom we may disclose personal information may be located overseas. The countries in which those third parties may be located are:
“United States of America.”
Fluence will take reasonable steps to ensure that any person to whom personal information is disclosed outside Australia will deal with that information in a way that is consistent with the APPs.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. If any payment transactions will exist in the future and/or personal information transactions will be encrypted using SSL technology.

Unfortunately, it is important to remember that no method of transmission over the Internet or electronic storage is 100% secure and the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

If you have any questions or comments about this Privacy Policy or how we handle your personal information, or if you wish to exercise your legal rights about your personal data, please contact us at:

Fluence Energy
4601 Fairfax Dr #600, Arlington, VA 22203 USA
Attention: Data Privacy Team & General Counsel
Email: dpt_global@fluenceenergy.com

We are committed to working with you to obtain a fair resolution of any complaint or concern about your privacy.