Blue Planet Energy Systems Privacy Policy

UPDATED AS OF: July 3, 2023

This privacy policy (the “Privacy Policy”) is designed to give you useful information about the way we collect and use your personal information through your use of this website, and to tell you about your privacy rights and how the law protects you.It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

1. Background

Blue Planet Energy Systems, Inc. (BPES) understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits our websites (www.blueplanetenergy.com) (each being “Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.

2. Definitions and Interpretation

In this Privacy Policy, unless the context otherwise requires, the following expressions have the following meanings:

“cookie” means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;

“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data on the basis of our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us using the details in section 5; and “personal data” means any information relating to an identified or identifiable natural person.

3. Information About Us

This privacy policy is issued on behalf of BPES. When we mention “BPES”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in Blue Planet Energy responsible for controlling and processing your data.

4. What does this policy cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to third-party websites, plug-ins and applications. We have no control over how your data is collected, stored, or used by other websites and are not responsible for their privacy statements. We advise you to check the privacy policies of any such websites before providing any data to them.

5. What information do we collect?

We may collect certain types of Personal Information (i.e., information that can be used to identify you as an individual, such as your name, email, telephone number, home address, demographic information (such as Zip Code, age), or payment information (such as account or credit card number) about you in a variety of ways, depending on your interactions with us, as described further below. We may also collect information from other parties, such as our dealers, as described further below.

Contact and Demographic Information: Contact Information includes information that may be used to contact you or identify you. Examples include your name, address, phone number, email address, owner account information, online identifier, user ID, demographic information (such as Zip Code and age), and social media IDs.

Product and Service Data: Product and Service Data includes product ownership records associated with your current and/or prior owned products. Examples include product ownership transactions,, recall records, warranty records,and incentive offers that you accept.

Interaction and Feedback Data: Interaction Data includes information regarding your interactions with BPES (such as Blue Planet Energy’s support) via telephone, email, chat, text and/or postal mail. Examples include comments and feedback that you provide to us (including customer testimonials); information collected in connection with your participation in sweepstakes, contests, games, special events, promotions, blogs and chats, and surveys (“Programs”); and call center records and screen, audio and/or video recordings of such interactions.

Online Activity Data: Online Activity Data includes information regarding your online interactions with Blue Planet Energy’s Platforms and other websites, where applicable. Examples include your browsing history on Blue Planet Energy’s Platforms, information collected from Blue Planet Energy’s cookies, IP addresses, and publicly available social media information (such as publicly available information that you post on social media sites).

Marketing Interaction Data: Marketing Interaction Data includes information regarding your pre- and post-sale marketing interactions with Blue Planet Energy. Examples include information collected at events, product purchase negotiation information, product service marketing information, direct marketing information, and retention marketing information.

Payment Information: Payment Information includes payment-related information in connection with your purchase of products and/or services from BPES. Examples include your credit card number or payment platform number.

Research Data: Research data includes data collected by Blue Planet Energy related to Blue Planet Energy’s consumer and product research. Examples include your responses to surveys, and information you provide as part of a focus group.

Legal Activity Data: Legal Activity Data includes information collected in connection with legal claims. Examples include information relating to disputes, claims, reimbursements and recalls.

Business-to-Business (“B2B”) Data: B2B Data includes information related to our business-to-business and vendor relationships. Examples include business contact information provided to us online or offline to consummate the relationship and carry out business functions. Examples include your name, title, company you work for, address, email address, and phone number.

6. how we collect information

We may collect Personal Information about you in a variety of ways, depending on your interaction with us or certain other parties. We may also supplement the information we collect about you directly and through our Platforms with information that we receive from other parties.

Directly from You: We may collect Personal Information directly from you. This may happen in a variety of ways, including, but not limited to, when you use the Platforms, when you use or subscribe to services that we offer (such as Connected Services), when you use applications that we offer (such as the Blue Planet Energy App), when you purchase a product, shopping information including the items you view, put in your cart or add to your wishlist, and when you interact with Blue Planet Energy’s members. . We may also collect Personal Information from you when you submit comments to us or participate in programs. You may also provide us with written, audio or video feedback or testimonials that contain Personal Information.

Publicly Available Sources: We may collect Personal Information from publicly available sources. For example, BPES utilizes third-party social media management services to collect and analyze publicly available information on various social media sites.

From Other Individuals: We may also collect Personal Information from other individuals. For example, some features on the Platforms may permit users to submit information about other people. If you wish to invite your friends to participate in a program offered through the Platforms or forward particular content from the Platforms to your friends, you will be asked to submit your friends' email addresses. Our use, sharing and protection of the other person's information will also be subject to the terms of the applicable program and this Privacy Statement.

From Other Parties: We may also collect Personal Information from other parties, our business partners, our service providers, and certain other-party companies (such as our authorized dealers, distributors, local dealer associations, data brokers and other data providers). Information from such other parties may have been collected online, offline, or through publicly or commercially available sources. In addition, we may collect information from other parties in the ways described below:

  • Requests to Other Parties. Other parties may provide your information to us at your request. For example, if you are on another website and you opt in to receive information from Blue Planet Energy, that website will submit to us your email address and other information about you so that we may contact you as requested.
  • Applications and Websites; Social Media. You may also choose to participate in another party’s application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on another party’s website) or use another party’s website where you allow us to collect (or the other party to collect and share) information about you, including online activity data and other Personal Information, such as lists of your friends, "likes," comments you have shared, groups, location, and your activity on the other party's website. Services like Facebook Connect give you the option to post information about your activities on our Platforms to your profile page to share with others within your network. In addition, we may receive information about you if other users of another party’s website give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections" web page, profile page, or similar page on a social networking or other third-party website or interactive service.

Automatically From Your Devices:  We may also collect the following types of Online Activity Data automatically when you use the Platforms:

  • Usage Information. Whenever you visit or interact with the Platforms, we, as well as any other-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms are accessed and used ("Usage Information"). Usage Information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on the Platforms, such as interactions with friends and group activities. This information helps us keep our Platforms fresh and interesting to our visitors and allows us to tailor content to a visitor's interests. Usage Information is generally non-identifying, but if Blue Planet Energy associates it with you as a specific and identifiable person, Blue Planet Energy treats it as Personal Information.
  • Device Identifier. We automatically collect your IP address or other unique identifier ("Device Identifier") for the Device (computer, mobile phone, tablet or other device) you use to access the Platforms. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your device by its Device Identifier. We, and our affiliates, service providers, business partners, and other parties, including authorized dealers, may use a Device Identifier to, among other things, administer the Platforms; help diagnose problems with our servers; analyze trends; track users' web page movements over time and across different websites, Platforms, or other mobile, online, or offline services; to help identify you and your shopping cart, and gather broad demographic information for aggregate use.
  • Cookies; Pixel Tags. The technologies used on the Platforms to collect Usage Information, including Device Identifiers, include but are not limited to: cookies (data files placed on a Device when it is used to visit the Platforms), mobile analytics software and pixel tags (transparent graphic images, sometimes called web beacons or tracking beacons, placed on a web page or in an email, which indicates that a page or email has been viewed). Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, by using one of their applications either on or otherwise connected to our Platforms (e.g., social media login credentials or vehicle configuration shared to social media), you may enable interaction between your activities on the Platforms and your activities on such social networking sites. We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Platforms (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location or demographic information). To customize your cookie settings for Blue Planet Energy.com, visit Blue Planet Energy.com and click on "Cookie Consent Options".

Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the website may not function properly or may be slower if you refuse cookies. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests. If you block or delete cookies, not all tracking that we have described in this Privacy Statement will stop.

We use cookies provided by Google Analytics to collect statistical information about the use of the website. You can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout (requires you to install a browser add-on).

7. how we use the information we collect

We use the information we collect about and from you for a variety of business purposes such as to:

  • Respond to your questions and requests such as requests for product information, new product information alerts, and brochures, or to provide other customer support to you;
  • Advise you of important safety-related information;
  • Provide services to you, such as support and battery monitoring. 
  • Provide and enhance product services to you, such as dealer support services;
  • Enable you to participate in promotional activities, or other programs;
  • Provide you with access to certain areas and features of the Platforms such as your interactions with other users;
  • Verify your identity;
  • Communicate with you about your account and activities on the Platforms and, in our discretion, changes to any Blue Planet Energy policy or notice;
  • Provide advertisements to you, including via electronic and physical means, and tailor any content, opportunities or other offers we serve you, including by providing more relevant content, advertisements, and offers over time and across multiple devices;
  • Offer other products and services to you that you may be interested in;
  • Internal research, design, marketing analysis, and analytics purposes, including to improve customer satisfaction and the Platforms, our vehicles and other products, and our services;
  • Quality control purposes;
  • Comply with laws or other legal obligations, including for dispute resolution purposes;
  • Comply with license obligations;
  • Carry out B2B functions;
  • For purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
  • You may share your location with us and we may use it for the purpose of providing you with offers and other information relevant to your location.

8. How we disclose information

Except as described here, we will not provide any of your Personal Information to any other parties without your specific consent. We may share non-Personal Information, such as aggregate data and Usage Information with other parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Statement and in the following circumstances:

Other Parties Providing Services On Our Behalf. We may disclose your Personal Information to other parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Platforms, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other parties that participate in or administer our Programs or provide marketing or promotional assistance and "powered by" partners or partners in co-branded sites. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other parties to provide you with product information and promotional and other offers.

Program Partners. If you choose to participate in a Program, your Personal Information may also be disclosed to our Program partners and may be used by our Program partners in accordance with their own privacy policies. This Privacy Statement will not apply to that company's use of your information. Sometimes the rules, terms and conditions or disclaimers that apply to a particular Program (“Program Rules”) include additional information on how we may use the Personal Information that you provide to us through your participation in the Program. If there is a conflict between the Program Rules for a particular Program and this Privacy Statement, those applying to the particular Program will govern. Please review all of the information about a Program before you provide us with any Personal Information.

Our Dealers and Distributors: We may disclose your Personal Information to our certified dealers and their holding companies, dealer advertising associations and distributors, who may use that information in accordance with their own privacy policies, including to provide you with services or to market to you. For example, we may share information such as your name and product interests with our certified dealers to save you time during your visits and to enhance your overall dealership experience. We may also combine information about your Platform visits and disclose this information to our certified dealers and other entities to provide you with enhanced experiences across Blue Planet Energy-affiliated, -branded or similar Blue Planet Energy-related offerings and Platforms.

Your Agreement To Have Your Personal Information Disclosed. You may have the opportunity to opt in to receive information and/or marketing offers from another company or to otherwise consent to the disclosure of your information to another party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information disclosed, your Personal Information will be disclosed to the other party and the Personal Information you disclose will be subject to the privacy policy and business practices of that other party.

Business Transfers. In the event that Blue Planet Energy is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.

Legal Disclosure. We may transfer and disclose your information to other parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; in connection with a legal dispute; to verify or enforce our Terms of Use or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of other parties, our customers and visitors or the public.

9. CHOICE, ACCESS, AND RETENTION OF PERSONAL INFORMATION

We provide you with choices with respect to your Personal Information. If you choose to receive e-mails from us about products and other information, we strive to keep your Personal Information updated and accurate and provide you choices regarding the e-mail communications you receive from us.

If you have signed up for the Blue Planet Energy marketing e-mail list, you can access the Preferences page and change your user profile or unsubscribe from the Blue Planet Energy e-mail by clicking the “unsubscribe” link on any Blue Planet Energy, email you have received.

For users who are not currently registered on our owner site, please call the Blue Planet Energy support team at 1-866-957-2246 to opt out from receiving e-mail communications from Blue Planet Energy. If you receive an e-mail, you may opt out at any time by following the opt out instructions provided in the e-mail you receive. Your opt out request will be processed within 30 days of the date on which we receive it.

If you are participating in a Program, you may be able to access and update the information you provided as part of your participation in the Program. Please see the section of the Platforms concerning the specific Program to determine if you are able to access your information and how to do so.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

10. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT OUT

We may use third-party ad network providers to help present ads on the Platforms, as well as other service providers to evaluate and provide us with information about the use of the Platforms and viewing of our content. We do not share Personal Information with these providers (unless, of course, you give us permission). Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your precise location and/or your browsing on the Platforms and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours.

Certain web browsers may provide an option by which you may request your browser to inform websites you visit that you do not wish your activities to be tracked by cookies or other persistent identifiers, commonly called “Do Not Track Signals.” Although the websites we own and operate, including but not limited to Blue Planet Energy.com, currently do not respond to Do Not Track Signals, you may choose to opt out of our use of targeting and advertising cookies on Blue Planet Energy.com by visiting Blue Planet Energy.com and clicking on “Cookie Consent Options.” You may also choose to block cookies with your browser. Please note that opting out of the use of such cookies on Blue Planet Energy.com will not impact the use of third-party cookies by other websites, which we do not control. In addition, even if you choose to opt out of targeted advertising, you will still see advertisements while you're browsing online. However, the advertisements you see may be less relevant to you and your interests.

11. Children

The Platforms are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

12. SECURITY OF YOUR INFORMATION AND PHISHING SCAMS

We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Beware of Phishing Scams

This type of e-mail solicitation is known commonly as a "phishing" scam, with the primary objective being to obtain one's Personal Information. This information can then be utilized to steal a person's identity. For example, a "Blue Planet Energy Lottery" phishing scam is often sent from Chinese (.cn), German (.de) or British (.co.uk) addresses but can originate from anywhere and look very official even to the most savvy of Internet users. Blue Planet Energy will never ask you to send passwords, login names, Social Security numbers, or other Personal Information through e-mail or U.S. mail or fax or text message. If you receive an email or letter by U.S. mail or fax or text message from Blue Planet Energy asking you to update your credit card information, do not respond: this is a phishing scam. Recipients of suspicious email like this should delete the message from their inbox and, if possible, update their email filter settings to block emails from the email address being used. The Federal Trade Commission and the Antiphishing Workgroup are also good sources of information about these types of security threats and how they may be reported to the authorities.

13. OTHER SITES

We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Beware of Phishing Scams

This type of e-mail solicitation is known commonly as a "phishing" scam, with the primary objective being to obtain one's Personal Information. This information can then be utilized to steal a person's identity. For example, a "Blue Planet Energy Lottery" phishing scam is often sent from Chinese (.cn), German (.de) or British (.co.uk) addresses but can originate from anywhere and look very official even to the most savvy of Internet users. Blue Planet Energy will never ask you to send passwords, login names, Social Security numbers, or other Personal Information through e-mail or U.S. mail or fax or text message. If you receive an email or letter by U.S. mail or fax or text message from Blue Planet Energy asking you to update your credit card information, do not respond: this is a phishing scam. Recipients of suspicious email like this should delete the message from their inbox and, if possible, update their email filter settings to block emails from the email address being used. The Federal Trade Commission and the Antiphishing Workgroup are also good sources of information about these types of security threats and how they may be reported to the authorities.

14. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

The Platforms are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. Blue Planet Energy makes no representation that the Platforms are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms, or providing us with any information, you (a) acknowledge that the Platforms are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

15. CHanges

We may update this Privacy Statement to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Platforms prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

16. DISCLOSURES FOR INDIVIDUALS IN THE UNITED STATES

Privacy laws in the United States give consumers certain privacy rights related to their Personal Information. This section contains additional information for residents in the United States regarding our Personal Information handling practices and data privacy rights.

17. CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE

Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all licensed users may make any changes to their information at any time by clicking on the Client Login / License Login section of the website, logging in, and updating the profile information.

18. Consent

By using and/or entering our site, you consent to our online privacy policy.

19. Contacting us

If there are any questions regarding this privacy policy you may contact us using the information below.

Blue Planet Energy, Inc.

55 Merchant St., 17th Floor

Honolulu, HI 96813

1-866-957-2246

legal@blueplanetenergy.com