Privacy Policy

LevelTen

Privacy Policy

LevelTen Privacy Policy

Last updated: October 6, 2020

At LevelTen, we are committed to protecting the privacy and security of your organization’s data. This Privacy Policy describes the types of data we collect and how we may use this data.

This Privacy Policy is incorporated by reference into and subject to the provisions of LevelTen’s terms and conditions of use (“Terms”) in connection with the LevelTen Platform. Some capitalized terms used in this Privacy Policy are defined in the Terms. By using and participating in the LevelTen Platform, you accept the practices described in this Privacy Policy.

The type of project data we collect

LevelTen requires users to submit certain data prior to receiving credentials to access the Platform. Additionally, LevelTen collects data from users of the Platform. Such data includes (a) individual and corporate information, including, but not limited to company and individual name, email address, mailing address, and phone number, (b) certain renewable energy and asset seller data related to renewable energy projects and/or products, such as commercial operation date, pricing, energy production, construction costs, and other project- and/or product-related attributes required for LevelTen to facilitate a transaction through the Platform, (c) certain renewable energy buyer data related to energy consumption, renewable energy procurement goals, facility location, and other related data required for LevelTen to facilitate a transaction through the Platform, (d) certain renewable energy asset buyer data related to acquisition target project specifications (geography, size, technology, etc.), lists of preferred asset sellers, and other related data required for LevelTen to facilitate a transaction through the Platform, and (c) certain Platform usage data.

How we use your data

LevelTen may display on the Platform anonymized data LevelTen collects. Such display of data will be anonymized so as not to disclose, directly or indirectly, inherently or expressly, (a) your organization’s identity or (b) in the case of sellers, the project name or a geographic location with more specificity than the state and county (or province) in which the project is located, without your organization’s consent to make such identifying disclosures. If you are a seller and choose to participate in a procurement process through LevelTen’s Request for Proposal (“RFP”) Automation software or otherwise engage in a transaction through the LevelTen Platform, then you will be asked to disclose certain additional identifying information concerning the renewable energy project and/or products offered into the RFP and/or transaction process, which will become visible to the buyer responsible for the procurement and/or the Advisor of such buyer.

LevelTen may aggregate your data with other data to create compilations and analysis of such data in a manner that does not directly or indirectly, inherently or expressly, identify your organization. All such aggregated data will inherently or expressly be anonymized. Further, LevelTen may share with other Platform users and the public such aggregated data.

The two previous paragraphs of this Privacy Policy are effective notwithstanding anything to the contrary in any mutual non-disclosure agreement, confidentiality agreement, or similar agreement between LevelTen and your organization.

Use of cookies

The Platform may use cookies to improve users’ experience. A cookie is a text file placed on a user’s computer hard disk by a web page server. Users have the ability to accept or decline the use of cookies by making modifications to web browser settings.

Policy changes

We may change our Privacy Policy from time-to-time. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy.

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LevelTen Energy, Inc. and its affiliates (“LevelTen”) provides a renewable energy marketplace and platform comprising certain proprietary software, data analytics, contract templates, and related tools and processes, to aggregate renewable energy buyers and sellers, allowing the parties to connect and transact efficiently (the “LevelTen Platform”). LevelTen is a commodity trading advisor (CTA) registered with the Commodity Futures Trading Commission (CFTC) and is a Member of the National Futures Association (NFA). The information contained herein is provided for general informational purposes only and does not constitute investment advice regarding the value of or advisability of entering into any particular renewable energy transaction. Renewable energy transactions involve substantial risk of loss, and parties are strongly advised to consult with professional and legal advisors prior to entering into any given transaction. Access to or use of the information contained herein does not establish a “client” or “customer” relationship with LevelTen within the meaning of any applicable laws or regulations. The LevelTen Platform is not designed or intended to allow users to place orders or enter into self-executing transactions within the Platform, and the offer, acceptance and contracting process for all transactions shall take place directly between buyer and seller, in their sole discretion, with the LevelTen Platform merely providing tools and information to help facilitate such transactions.

LevelTen’s Asset Marketplace software platform and services may provide certain data, analytics, and information regarding renewable energy projects to assist parties in evaluating asset transactions; however, LevelTen expressly does not provide users with any investment advice or make personal recommendations as to whether or not to enter into any particular transaction, and all transaction decisions shall be made by the user, in its sole discretion.  Moreover, the LevelTen platform is not designed or intended to allow users to place orders or enter into self-executing transactions within the platform, and the offer, acceptance and contracting process for all transactions shall take place directly between buyer and seller, with the LevelTen platform merely providing tools and information to help facilitate such transactions.  Where applicable, LevelTen is acting in the limited capacity of an “M&A Broker” within the meaning of a “no-action” letter dated January 31, 2014 issued by the Securities and Exchange Commission (“SEC”) in providing services related to the Asset Marketplace software platform and has not registered as broker or a dealer under the Securities Exchange Act of 1934.