Introduction

At Array, we understand and respect your need for privacy. This Privacy Notice (“Notice”) describes how we collect, use, share, and protect your personal information.

This Privacy Notice contains the following information:

This Privacy Notice (“Notice”) describes how we collect, use, share, and protect your personal information and the rights and choices you have with respect to your information when you:

• Visit the Array website, https://arraytechinc.com/ (our “Site”);
• Request a quote or product information from Array;
• Purchase Array products and technology;
• Manage a project with Array technology (such as installations or site management);
• Visit our offices;
• Work with Array in a business context, such as vendors and transportation partners;
• Communicate or interact with us, including through email, phone, or in person; or
• Engage in marketing activities such as interacting with Array at trade shows or conferences, downloading white papers from our website, attending Array webinars, or signing up for email marketing.

This Notice applies to personal information that we have about you that identifies, relates to, describes, can be associated with, or could reasonably identify you as an individual. “Personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This definition also applies to “sensitive personal information” (SPI), a category of personal information including financial account log-in credentials or health data that requires elevated protections under the CCPA. Personal information does not include data that is anonymous, de-identified, or aggregated (such as summary statistics or metrics).

This Notice does not cover:

• Job applicants – To learn more about personal information we collect and use when you apply for a job with us, or for our recruiting purposes, please see our Job Applicant Notice.
• Array employees or contractors – To learn more about personal information we collect and use from our employees and contractors, please contact privacy@arraytechinc.com.

How We Collect Information

We collect personal information from the following sources:

• Directly from you, like when you fill out our contact form or request a quote;
• From other companies or professional contacts through referrals;
• From Array events or trade shows you attend;
• Automatically from analytics services (e.g., Google Analytics) when you use our Site, and
• Other public sources like LinkedIn.

We collect personal information from the following sources:

• Directly from you, like when you fill out our contact form or request a quote;
• From other companies or professional contacts through referrals;
• From Array events or trade shows you attend;
• Automatically from analytics services (e.g., Google Analytics) when you use our Site, and
• Other public sources like LinkedIn.

The information that we collect from you depends on how you interact with us and the choices that you make. We collect the following categories of information:

• Basic Identifying Information including real name, alias, and email address.

• Demographic information including your age and gender.
• Professional information including your company name, role, and industry.
• Geolocation information including the country, region, and/or city where you are based.
• Device Information including device identifier, internet protocol (IP) address, cookies, beacons, pixel tags, or similar unique identifiers.
• Internet or other electronic network activity information, including your interactions with and history of browsing our website.
• Audio or Visual information including CCTV footage from our physical locations or videos from recorded webinars.
• Payment information when you agree to enter into a contract to purchase Array products.
• Other information you may choose to share when you contact us; for example, you may choose to share personal information in the freeform field of our “Contact Us” form.

We limit our use of your personal information to the purposes described in this Notice. Array uses your information in the following ways:

• Communicate with you – We use your personal information to communicate with you as necessary and based on your interactions with us and with this Site.
• Send and improve marketing communications – We use your personal information for certain marketing activities according to your preferences, such as communicating with you via email. We also use this information to advertise and market products and services, including through targeted advertising.
• Operate our Site – We use your website usage information and other information gathered by analytics partners to provide, operate, monitor, maintain and administer our Site. For questions about how we use cookies, see our Cookie Notice.
• Perform contracts – We use your personal information to create and administer accounts, complete transactions, payments, billing, and requests according to contracts for the purchase of Array products.
• Improve our products – We use your personal information to provide, develop, and customize products and services, respond to your inquiries, and perform our contractual obligations.
• Ensure necessary functionality – We use your personal information to provide the necessary functionality required for you to use our Site.
• Promote the security of our Site – We use personal information to investigate and prevent malicious, deceptive, fraudulent, or illegal activity, and enforce our terms and policies.
• Legal, regulatory, safety, and compliance purposes – We use your personal information to cooperate with law enforcement, to comply with applicable legal and regulatory obligations, respond to governmental requests, or to enforce Array policies, terms and conditions, or other agreements.
• Other purposes – We process your personal information for other purposes about which we notify you in advance or for which we receive your consent (such as in the event of a corporate sale, merger, or acquisition).

We only disclose personal information as described below:

A.   Legal or Business Purposes

We collect and process your personal information only where we have a legal or business purpose for doing so under applicable laws. That means we collect and use your personal information only:

• With your consent;
• To fulfill our contractual obligations to you;
• To operate our business, including to improve and develop our services, for fraud prevention purposes, to improve user experience, or for other legitimate interests; and/or
• As otherwise required by law.

B.    Service Providers

We disclose your information to service providers that require access to your information to support our business operations. The service providers that Array shares your information with include:

• Professional services advisors to protect and manage our business interests;
• Cloud hosting providers to provide data storage and processing services;
• Business partners to ensure effective delivery and installation of Array products;
• Corporate and information technology service providers to facilitate business operations and communications; and
• Other suppliers, subcontractors, partners, and vendors acting on our behalf.

These service providers may only access and use your personal information as necessary to provide services to Array.

C.    Legal or Public Authorities

We disclose personal information to legal or public authorities when disclosure is required:

• To comply with any applicable law, regulation, legal process, or government request;
• To enforce or apply agreements, or initiate, render, bill, and collect for products and services (including disclosure to collection agencies to obtain payment);
• To protect against harm to the rights, property, or safety of Array, you, or the public;
• To protect you or others from fraudulent, abusive, or unlawful use of these services, and other fraudulent activity; and
• To respond to an emergency.

Where required or permitted by applicable law, Array protects personal information by requesting protective orders or confidentiality agreements, redacting personal information from documents prior to production or disclosure, or other legally permissible means.

D.   Marketing Partners, Third Parties, and Other Vendors

Array does not sell your personal information in exchange for money. For Array uses certain third parties for analytics and advertising services, and disclosing Personal Information to these third parties in exchange for valuable services may be considered a “sale” under various privacy laws. In certain circumstances we also “share” Personal Information for cross-context behavioral advertising and/or targeted advertising.

We disclose personal information in this way through cookie collection. By default, we disabled any cookies that are not strictly necessary for use and operation of the site. Other cookies, if you opt in to their collection, may disclose information to third parties in a way that would be considered a “sale” or “share.”

If you opt in to optional cookies, we “sell” or “share” the following categories of personal information.

• Basic Personal Identifiers
• Internet or other electronic network activity information

If you opt in to optional cookies, we “sell” or “share” these categories with third parties, including:

• Social media marketing providers, such as Facebook and Google
• Email marketing providers

E.    Business Transfer or Transaction 

We may disclose or transfer personal information about you as part of a corporate business transaction, like a merger or acquisition, divestiture, sale of company assets, or in the event of insolvency, bankruptcy, or receivership. In these cases, we may transfer personal information as a business asset.

When you provide personal information to us, we use data hosting service providers in the U.S. to store information we have about you.

We also transfer personal information we have about you to third parties as described in the “How We Disclose Information” section above. These third parties may be located outside of your home country. In circumstances that require us to transfer your information to third parties in countries that are not deemed to have appropriate safeguards for your personal information, we will only transfer such information where we have adequate measures in place to provide appropriate safeguards, such as standard contractual clauses.

Although the data protection laws of various countries may differ from those in your own country, we take appropriate steps to ensure that we and others on our behalf process your personal information as described in this Notice and under the law.

We retain your personal information for as long as necessary to do achieve the purpose for which we collected it, including to satisfy any legal, accounting or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, why we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

We use reasonable and appropriate administrative, technical, and physical safeguards to protect the information that we have about you from loss, theft, and unauthorized use, access, modification, or destruction. We also require third parties and service providers acting on our behalf or with whom we share your information to maintain security measures in accordance with industry standards.

Notwithstanding our security safeguards, it is impossible to guarantee absolute security in all situations. If you have any questions about the security of our Site and Services, please contact us as described in the “Contact Us” section. For your own security, please do not send any confidential personal information to us outside of our Site or business communications.

A.   Your Rights

Depending on where you live, you may have certain choices and rights available when it comes to how we collect and use your personal information. Array extends these rights to everyone, regardless of where you are located. Below is a summary of those choices and rights, and information on how to exercise them.

• Access – You have the right to request access and receive information about personal information we collect, how we use your personal information, and how we share it. This includes the right to request proof of our authorization to process personal information by law or by consent.
• Portability – You have a right to receive your information in a structured, machine-readable format.
• Correct – You have the right to request correction of your personal information, where it is inaccurate or incomplete.
• Delete – You have the right to request that we delete your personal information under certain circumstances.
• Opt-out of the Sale or Sharing of Information – You can opt out of any disclosures of information that Array exchanges for valuable consideration, or for the purpose of cross-contextual behavioral advertising. To exercise this right, please click the “Do Not Sell or Share My Information” link at the footer of this page.
• Object to Processing – You can object to our processing of your personal information based on our legitimate interests. We will no longer process your personal information unless we can demonstrate an overriding legitimate purpose.
• Object to Automatic Decision Making or Profiling – You have the right to object to the use of your personal information for automated decision making or profiling. Array does not currently use automatic decision making or profiling, so no further action is required to exercise this right.
• Limit the Use of Sensitive Personal information – You have the right to limit the use of sensitive personal information collected by us to only uses which are necessary to perform business functions. We only use sensitive personal information for purposes which are necessary to the business, so there are no additional steps to take to limit this processing.
• Restrict Processing – You have the right to ask us to restrict processing of your personal information:
  • Where you believe your personal information is inaccurate and while we verify accuracy;
  • Where we want to erase your personal information as the processing is unlawful, but you want us to continue to store it;
  • Where we no longer need your personal information for our processing, but you require us to retain the data for the establishment, exercise, or defense of legal claims; or
  • Where you have objected to us processing your personal information based on our legitimate interests, and we are considering your objection.
• Non-Discrimination – You have the right to not receive discriminatory treatment for exercising any of your rights. We will not treat you differently for exercising the rights described above.
• Appeal – If we deny your privacy request, you may be entitled to submit an appeal. We will include instructions for how to submit your appeal in our response explaining our decision to deny your request.

B.   Exercise your Rights

If you wish to exercise any of the above rights, you may contact us in the following ways:

• Sending an email with your request to privacy@arraytechinc.com; or
• Calling us at 1-888-992-8318.

We fulfill requests within a reasonable time of receiving your request. Please note that your request may be limited in certain cases, for example if complying with your request would conflict with:

• Federal, state, or local law;
• Regulatory inquiries;
• Subpoenas; or
• Exercising or defending legal claims.

To tell Array “Do Not Sell or Share My Personal Information,” click on “Do Not Sell or Share My Information” in the footer of our website and toggle off all optional cookies.

C.   Identity Verification

To help protect your privacy and maintain security, we take steps to verify your identity before responding to requests. To verify your identity to make the request and confirm that the personal information relates to you, we may ask for information that you have shared with us, such as name and email.

D.   Authorized Agents

Depending on the jurisdiction in which you reside, you may have an authorized agent submit an access request on your behalf. If you wish to use an authorized agent, you must provide the party with written permission signed by you. We may deny a request from an authorized agent if the agent cannot provide your signed permission demonstrating that you have authorized them to act on your behalf.

E.    Communications Preferences

You can choose whether to receive optional communications from us by email, such as marketing communications. If you receive these optional emails from us and would like to stop, you can do so by following the directions in that message or by contacting us as described in the “Contact Us” section below.

F.    Browser or Platform Controls

In addition to the rights listed above, you may exercise your rights regarding the collection of personal information using the following tools:

• Cookie controls – You may adjust your cookie settings using the cookie consent manager button in the bottom left corner of your screen. By default, Array only uses strictly necessary cookies to collect information from your browsing session. If you choose to reject cookies, it could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies may also be deleted. For more information, see our Cookie Notice.
• Do Not Track and Universal Opt Outs – Some browsers include a “Do Not Track” (DNT) setting that can send a signal to the websites you visit, indicating you do not wish to be tracked. Our websites do not respond to browser DNT or other universal opt out mechanisms. Instead, you can use the range of other tools to control data collection and use, including the GPC, cookie controls, and advertising controls described above. Please see our Cookie Notice for more information.
• Mobile advertising ID controls – Android and iOS operating systems provide options to limit tracking.
• Email web beacons – Most email clients have settings that allow you to prevent the automatic downloading of images, including web beacons, which avoid the automatic connection to the web servers that host those images.

Array’s Site, services, and products are not directed to children under 16. We do not knowingly collect personal information from anyone under the age of 16. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us as described in the “Contact Us” section below. If we become aware that we have collected personal information from anyone under the age of 16 without verification or parental consent, we take steps to remove such information.

Under the Shine the Light law, California customers may request information about whether a business has disclosed personal information (as defined in that law) to any third parties for their direct marketing purposes. We do not share such information for direct marketing purposes.

We periodically review and update this Notice to describe new Services or changes to our practices. You can determine when we last updated this Notice by referring to the date at the top of this Notice. We encourage you to review the Notice whenever you interact with us to stay informed about our privacy practices and the ways that you can help protect your privacy.

If we make significant changes to this Notice, we will notify you through a prominent notice on our Site or via email address you have provided. If you do not agree with the privacy practices disclosed in the Notice, we recommend you stop using our Site.

To the extent that the above rights apply to you, Array encourages you to contact us with any complaints and issues at privacy@arraytechinc.com. If your complaints or issues remain unresolved, you may also address any grievance directly with the relevant data protection authority in the country where you live, where you work or where you feel your rights were infringed.

• If you live in the European Economic Area, you may find contact information for your Data Protection Authority here.
• If you live in Brazil, you may contact your Data Protection Authority here.
• If you live in California, you may contact the California Privacy Protection Agency here.
• If you live in the US outside of California, you may find contact information for your state Attorney General here.

To submit questions about this Notice or other privacy-related inquiries, please contact us by:

• Sending an email with your question to privacy@arraytechinc.com; or
• Calling us at 1-888-992-8318.