2020 Incubatenergy® Privacy Policy, powered by EPRI 


Incubatenergy® Labs Collaborative Innovation Demonstrations Program Privacy Policy

Effective Date: December 1, 2019

This Privacy Policy (“Policy”) applies to the access, use, and processing of your individual and personal information under the EPRI Incubatenergy® Labs Collaborative Innovation Demonstrations Program (“Program”), which currently operates through the https://labs.incubatenergy.org website (“Program Website”).  You and your company’s (together, the “Project Participant”) participation in the Project is voluntary, subject to the terms of this Policy, as well as any collateral documents relating to the Program as may be issued by EPRI, its members and their designees, including but not limited to any Participation Agreement (“Participant Application”).  Please be advised that the Program Website is hosted by a third-party entity whose data practices are separately governed.  Please refer to https://www.iubenda.com/privacy-policy/124825/legal for further information.  

This Policy is meant to help you understand what information EPRI collects via this Program, why it is collected, and how you can manage your information. This Policy is not intended to apply to any other projects, contracts, or uses of personal information not described in this Policy in respect of EPRI, its members and designees. 

We may update the Policy from time-to-time, so you may wish to check the Program Website to review any changes in the latest version of the Policy.  If we make material changes to the Policy, we will notify you by placing a prominent notice on the Program Website.  We may also notify you of changes to the Policy in other ways, such as via email or other contact information you have provided.  If you do not consent or wish to comply with these terms at any point, please do not use or submit personal information through the Program Website.   

Who We Are:  EPRI is a non-profit scientific research organization recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code of the United States of America.   We conduct research in the field of electric utilities to make electricity more reliable, sustainable, resilient, affordable and environmentally safe for the general public. (the “Purpose.”)  EPRI’s intellectual property includes the Incubatenergy® and the TI Innovation Lab Programs and platforms.

Before you use this site, please carefully review this Privacy Policy together with the Terms and Conditions [MJ1](together, the “Agreement”).  It is important that you read and understand the terms provided in the Agreement.  

INFORMATION EPRI COLLECTS

Personal information is data that can be used to identify you as an individual by reference to a direct identifier such as name or contact information, or with indirect identifiers, such as device identifiers that permit the physical or online contacting of a specific individual (“Personal Information”).

EPRI may collect Personal Information from Program applicants (“Participants”) to evaluate such Participants’ applications and screening materials, including business operational data, for participation in the Program.  EPRI collects Personal Information to help you stay connected and informed about the Program, such as to provide you with important Program updates and any related services.  We also seek continuous improvements to the Program’s on-line and off-line presence, which means that we may use new Personal Information that you voluntarily provide to EPRI to provide Program related services that better reflect your preferences. 

EPRI will be the controller of your Personal Information that is provided to, or collected by or for, or processed by EPRI in connection with the Program, as further described below:

  • Data You Provide to EPRIEPRI collects your Personal Information when you consent to participate in the Program by voluntarily submitting a Participant Application. This is information that can personally identify you and includes your name and business contact information, such as address, email address, and phone number.  We use this information to screen applicant company(ies) for potential participation in Incubatenergy® Labs demonstration projects.  Unless you have indicated your preference to opt out, we may also include your application information in our EPRI Tech Portal, which is accessible by our 450 member utilities for their technology scouting efforts. 

We may also log any Personal Information that you provide when you contact us by phone, e-mail, postal mail, or otherwise communicate with us through online tools available through the Program Website.  EPRI may also collect Personal Information you provide in response to EPRI’s surveys or questionnaires in connection with the Program.

EPRI and its Program partners may hold meetings, labs, and other events related to various stages of the Program.  We will log your visits and attendances to all such events as part of your participation in our Program.    

  • Data You Generate. On a case-by-case basis, EPRI and its vendors collect Personal Information about your usage of the Program Website, as further detailed below.  

We log usage data when you visit or otherwise engage with the Program Website, such as when you view or click on content, or perform a search, or upload/download information.  We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use.  This helps us to understand user engagement with our content and the preferences of our users, such as to promote our online presence,. If you engage with us including through use of the Program Website, you consent to the terms of our Cookies Policy.  

We receive data from your devices and networks, including social media, and location data.  When you visit or leave our Program Website (including our plugins or cookies or similar technology), we receive the URL of both the site you came from and the one you go to next.  We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier.  If you use our Program Website from a mobile device, that device will send us data about your location.  However, we will honor any privacy settings you have set to prevent location tracking on your device. 

For purposes of the Program, EPRI may also combine the data generated by the Program media with the personal information you provide to EPRI. 

  • Data From Third PartiesDuring the course of the Program, EPRI may collect supplemental data about you from you and/or from third parties that may be combined with other data to provide a better understanding of your technology and business model. This combined data set will not contain personally identifying information.

EPRI uses appropriate and reasonable security measures as required by relevant law and security best practices to maintain and secure your Personal Information and further require the third parties with whom EPRI works to implement and maintain appropriate technical organizational and training measures to protect your Personal Information. 

INFORMATION EPRI SHARES

EPRI may share your Personal Information with third-parties in the following cases: 

  • With your consentEPRI may ask for your permission to share certain Personal Information with a funder(s) of the Program to provide a better basis for assessments of your company, technology or proposed demonstration project, and may contact you in specific situations. 
  • With utility collaborators, contractors, and service providers. EPRI may share your Personal Information with third-party utilities, contractors, or service providers with whom EPRI works to help develop and successfully implement the Program, including maintenance of data collection processes during the Program and development of research findings after the Program, or by interacting with the Program. For example, EPRI may work with electric utilities and other participants in the EPRI Program to compile applicants’ information and technologies within the EPRI Technology Portal database for cataloguing purposes.  This compilation may be used to invite applicants and a pool of other startup companies to submit a proposal in the Program.  In other instances, if you experience technical issues with the Program, EPRI may contact EPRI’s vendors, and share that portion of your Personal Information necessary to allow proper and efficient troubleshooting of the problem. These third-party entities will have access to your Personal Information as reasonably necessary to perform tasks in connection with the Program and are contractually obligated not to disclose or use your personal information for any other purposes.

Based on your explicit consent, as supplemented by any EPRI Project Participation Enrollment Agreement, EPRI may also share limited raw data generated from the Program or any demonstration pilot or project with third-party utilities, contractors, or service providers to support further research findings related to the Program. All data collected in connection with the Program will be secured and protected as provided in this Policy and in accordance with any privacy and security obligations under applicable data protection laws, whether in the United States or outside the U.S. EPRI may share your Personal Information with those third parties that have agreed in writing to privacy and security measures acceptable to EPRI and consistent with relevant legal obligations and regulatory duties to protect your privacy. 

  • With the Public in Aggregate, Anonymized FormThe purpose of the Program is to gain a better understanding of the technologies that may address industry-prioritized needs and research gaps in the electric utility industry and correlations to electric power system infrastructures, with the larger goal of pursuing promising opportunities to help make electricity more reliable, affordable, and environmentally safe. 

To that end, EPRI will publish results of the Program, which results may include analyses derived from your Personal Information. However, any such information will be produced and shared in aggregate or other de-identified form so your personally identifiable information cannot be readily discerned. Also, EPRI may generate and publish reports about the results of your proposed project within the Program, but EPRI will not publish any data at a level of detail that may reasonably be combined with other data to identify you. 

  • For legal reasonsEPRI will disclose your Personal Information outside of EPRI when required by law, subpoena, or other legal process. EPRI will share information with the requesting government agency or investigatory body, including law enforcement or regulatory authorities. 

RIGHTS TO ACCESS AND CONTROL YOUR DATA     

EPRI will collect and use your information as described in this Policy, which includes your rights to control the collection, use, and sharing of your data, as provided below: 

  • Delete your data. You can request erasure or deletion of all or some of your Personal Information, such as in connection with your termination from the Program. 
  • Change your dataYou can directly edit some of your Personal Information through the Program Interface. You may also request EPRI to change, update, or fix your Personal Information in certain cases, including correcting inaccuracies. 
  • Object to, limit or restrict use of your dataYou can ask EPRI to stop using your Personal Information in certain cases, such as in connection with your request to terminate participation in the Website, in which case EPRI will cease processing some or all of your Personal Information. 
  • Right to access your dataYou may request access to a copy of the Personal Information EPRI has on file for you. 
  • Direct marketingEPRI does not use or share Personal Information for direct marketing or other commercial purposes without your permission.

To exercise your rights of access and control of your data, please contact EPRI’s Project Managers as provided in the CONTACT US section below. You may also access and change some of your Personal Information directly through the Program Website. We strive to respond to all legitimate requests within one (1) month and will contact you if EPRI needs additional information. 

DATA RETENTION

We retain your Personal Information over the course of the Program and as further needed to comply with the Program goals to identify evaluate, develop, and support research findings related to the Program inclusive of any demonstration project that you may perform in connection therewith. 

We will retain your Personal Information for as long a period as EPRI has a lawful basis for the continued retention or processing, including legitimate interests where the processing of Personal Information is not overridden by your interests or fundamental rights. These bases are subject to your rights to access and control your data, as described above. 

Personal information retained by EPRI as research data includes:

  • Information that you or other parties provided to EPRI in connection with the Program; 
  • Data generated from the Program, and 
  • Data combined in aggregate or other de-identified form, including any analytics performed thereon.

Any EPRI contractors or service providers used for the Program purposes will be required to promptly return and/or delete all Personal Information upon completion of the Program or termination of your participation therein. 

Personal Information may be retained for extended time period for limited purposes, such as for EPRI’s legal and compliance obligations or as necessary to validate or verify research findings.

For cross-border Data Transfers, we may process data both inside and outside of the United States of America (“US”).  Where we do transfer data, we do so either within the European Union EEA protocols, under UE-US and Swiss-US Privacy Shield frameworks, or through written contract terms in supplementation of this Agreement.

DATA SECURITY

We use appropriate and reasonable security measures as required by relevant law and security best practices. For example, EPRI uses encryption when transmitting your Personal Information wirelessly and remotely to and from your vehicle to the vendor. We also regularly monitor our systems for possible vulnerabilities and attacks. However, no system is 100% secure. We cannot warrant the security of any information that you send to EPRI, and EPRI cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. 

INTEGRATION AND MERGER

This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

COMPLIANCE AND TERMINATION

The parties will comply with all laws, including US Export Controls laws, pursuant to this Agreement, which shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, EPRI reserves the right to immediately terminate this Agreement, and/or your access to or any portion of the Program, at any time, for any reason, with or without cause. Upon termination of this Agreement by either party, your right to engage with the Program shall immediately cease, and you shall destroy all materials obtained from the Program website together with all copies thereof, whether made under the terms of this Agreement or otherwise.

LEGAL DISCLAIMERS

THE PROGRAM INCLUSIVE OF THE WEBSITE AND THE MATERIALS ON THE WEBSITE, AND ANY PRODUCT OR SERVICE OBTAINED IN CONNECTION THEREWITH, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHEREBY EPRI AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

INDEMNITY 

You agree to indemnify, defend and hold us, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any Materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Program and website.

LIMITATION OF LIABILITY

NEITHER EPRI NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS. DONORS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROGRAM AND/OR MATERIALS CONTAINED ON THE WEBSITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE ACCESSED IN RELATION THERETO. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PROGRAM, WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE PROGRAM WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

By voluntarily submitting a Program application and electing to participate in the Program, the applicant understands and does hereby agree to abide by the requirements of and relating to the 2020 Program as provided to me by EPRI from time to time during the Program, including the Incubatenergy® Labs Collaborative Innovation Demonstrations Program Privacy Policy.


CONTACT US

If you have any questions about this Policy or our data practices as they relate to the Project and/or Website, please contact EPRI’s Project Managers listed below.

Erik Steeb

Electric Power Research Institute

3420 Hillview Avenue, Palo Alto, California 94304

+1 (650) 855-7905; esteeb@epri.com