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Privacy Policy

NEW ENERGY CAPITAL PARTNERS, LLC – PRIVACY POLICY

This Privacy Policy sets forth how New Energy Capital Partners, LLC, its subsidiaries and affiliates (referred to herein collectively as “New Energy Capital” or “we” or “us”) collect and process personal information about you. We are providing this Privacy Policy to you to satisfy disclosure requirements required under data protection and privacy regulations adopted by regulatory authorities in the jurisdictions in which New Energy Capital conducts business. These regulations require that New Energy Capital ensure that you understand what personal information we collect and how we use, process and share your personal information. 

This Privacy Policy applies to visitors to this website (“Site”).  New Energy Capital provides separate privacy notices to other categories of individuals, such as current clients and investors, third-party service providers, and prospective clients and investors.  If you provide personal information to us about a person other than yourself, you must ensure that the other person understands how their information will be used. You may only provide us with that person’s details with their consent and after they have been given access to information about how we will use their details, including the purposes set out in this Privacy Policy.

If you visit this Site, you should review this Privacy Policy carefully and in conjunction with the Terms and Conditions of the Site, which detail other important information relating to your use of the Site.

If you believe that we have or may have information from or about someone under 18 years of age, please contact us at info@NewEnergyCapital.com.

Collection of Personal Information

We collect the following data:

  • Legal name
  • Addresses
  • Social security or tax identification number
  • Capital account balance of each of our funds to which you subscribe
  • Contributions and distributions from each of our funds to which you subscribe
  • In the case of an investor that is an individual retirement account, information with regard to such account

You directly provide us with most of the data we collect when you complete the Subscription Booklet and other related forms, and we may receive other data from our affiliates and service providers.  

Use of Personal Information

We will use your personal information: (i) to comply with our legal and regulatory obligations; (ii) to comply with our obligations under our contracts with you; and/or (iii) because we have a legitimate business interest in processing it, including for the following purposes (as applicable):

  • to respond to your questions and handle and resolve complaints;
  • to comply with our obligations in connection with record-keeping requirements and applicable anti-money laundering, anti-corruption and bribery, terrorism financing rules, sanctions, and the prevention and detection of crime or other applicable laws or regulations of jurisdictions in which New Energy Capital conducts business;
  • to report to self-regulatory organizations, state governments, and the federal government pursuant to the Sections 1474-1474 of the United State Internal Revenue Code of 1986, as amended from time to time (or any corresponding provisions of succeeding law);
  • to maintain and provide appropriate management of our relationship with you;
  • to exchange mail correspondence or documentation which may involve providing your contact details to couriers and service providers in charge of the delivery service;
  • to contact you to set up meetings and/or phone calls between you and your New Energy Capital business contact(s).

Where New Energy Capital is relying on its legitimate interests as the grounds for processing your personal information, we must carry out an assessment to ensure our interests do not override any rights you may have.

Sharing and Transfer of Personal Information

We may share the personal information we store about you with:

  • New Energy Capital affiliated entities;
  • third-party service providers, vendors, contractors, and agents of New Energy Capital as part of normal business operations, including providers of:
  • accounting and banking services;
  • data processing services;
  • information technology services and platforms/applications; and
  • courier services or other package delivery services;
  • third party outsourcing providers;
  • third parties acting on your behalf, such as consultants and other agents;
  • governmental authorities and/or law enforcement officials as required;
  • financial institutions, to wire payments from/to you; and
  • advisors who provide audit, financial, and legal advice to New Energy Capital.

New Energy Capital may also disclose your personal information to particular parties pursuant to your express consent, to fulfill your instructions, to comply with applicable laws and regulations, or to fulfill other applicable requirements.

Personnel employed by service providers generally may have access to your personal information for the purpose of performing duties for New Energy Capital but are prohibited from using such information for other purposes. 

Your personal information may be transferred to or shared with entities located in the United States, the European Union or in other countries which are deemed to offer an adequate level of protection, or in countries where data protection laws might not exist or be of a lower standard than in the European Union. This includes the transfer of personal information among the New Energy Capital affiliated entities and the jurisdictions in which they operate. As of the date of this notice, New Energy Capital has affiliates solely within the United States. 

Safeguarding of Personal Information

New Energy Capital maintains established internal policies and procedures as well as physical and electronic safeguards that comply with applicable standards to safeguard access to personal information in our possession from accidental or unlawful destruction, loss, alteration, unauthorized use or disclosure. We endeavor to limit access to personal information about you to those employees, agents and other authorized parties who need to know the information to enable New Energy Capital to provide products or services to you. Please note that such safeguards, however, do not guarantee that personal information transmitted via the Internet or stored in our systems or is otherwise under New Energy Capital’s care will be absolutely safe from unauthorized use or intrusion from third parties due to the inherent nature of the Internet.

Retention of Personal Information

Personal information stored by New Energy Capital is generally retained for a period of seven years from: (a) the date the data record was created; or (b) a particular trigger event depending on the type of data record containing the personal information. Examples of trigger events are: (i) the tax filing year in which an invoice for services received is paid; (ii) date of contract expiration or termination; and (iii) account closure or fund dissolution date.

Your Rights

The rights described in this paragraph are applicable to you only if you reside in a jurisdiction where the provision of such rights is required by the data protection and privacy laws and regulations of the governing regulatory authority. As such, where required by applicable law or regulation, you may ask New Energy Capital for a copy of your personal information, to correct it, to erase it, or to transfer it to other organizations. You may also have rights to object to some processing and, where we have asked for your consent to process your personal information, to withdraw this consent. In particular, you have rights to object to direct marketing at any time.

You should also be aware that these rights may be limited (for example, access to personal information may be denied if making the information available would reveal personal information about another person or if we are legally prevented from disclosing such information). In addition, New Energy Capital may be able to retain data even if you withdraw your consent, where we can demonstrate that we have a legal requirement to process your personal information. Where we must collect and process personal information in order to comply with applicable law or enter into and perform services under an agreement with you, if you do not provide the personal information we may not be able to enter into the agreement or provide services as contemplated by any agreement we have in place. Where we are not able to fulfill a request you make because your rights are limited, we will inform you of the reasons as to why when responding.

Depending on the type of personal information processing described in this Privacy Policy, we may be operating as a sole or joint controller. If operating as joint controllers, the entities jointly determine the means and purposes of the processing of your personal information. However this has no impact on your rights and how you can exercise them against either of the joint controllers by contacting us as set out below.

Should you have any questions or requests in relation to your rights, please email info@NewEnergyCapital.com. We will attempt to deal with all requests at the earliest opportunity. In addition, if you have unresolved concerns you have the right to complain, where permitted, to competent data protection authorities.

Use of Technology and Cookies

Technology

When you visit our Site or open our emails, we may collect certain information by automated means (such as by cookies, web server logs, web beacons and JavaScript). The information we may collect in this manner includes your IP address, network location, browser characteristics, device characteristics, operating system, referring URLs, information on actions taken on our Sites, and dates and times of website visits. We also may use these and similar technology in emails we send you to collect certain information, such as whether you opened or clicked on links in our email.

We may use third-party web analytics services on our Site. These service providers help us analyze how visitors use the Site. The information obtained for this purpose (including your IP address and other information collected by automated means) may be disclosed to or collected directly by these service providers.

The providers of third-party plugins and widgets on our Site, such as embedded videos and social media sharing tools, may use automated means to collect information regarding your use of the Site and your interactions with the plugins and widgets. This information is subject to the privacy policies or notices of the providers of the plugins and widgets.

Cookies

The Company may collect certain information about you through the use of cookies. Cookies are pieces of information, or files, placed on your device’s disk that provide information including how and when pages on the Site are accessed by users. To find out more about cookies please visit www.allaboutcookies.org.

We use the following types of cookies on our Site (note that some cookies may fall into multiple categories): 

Test Cookies – These cookies are simply to test whether or not your browser supports cookies. It stores a simple “True” or “False” value. If True, then the below cookies are applied.

Tracking Cookies – These cookies are used to track anonymous user movement throughout the site for statistical purposes. For example, it may track the duration of a user’s visit to a certain page or for example, to allow the Company to determine the number of users that visited a given page of the Site, or that read a certain press release.

Required Cookies – These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for, such as remembering your login details, cannot be provided. 

Analytics Cookies – These cookies remember choices you make, such as the duration of your session. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. The information these cookies collect may be anonymized (such as the IP address through which you visit the Site) and they cannot track your browsing activity on other websites. The Company uses a Google Analytics cookie to collect this information; you have the right to opt-out of having the Google Analytics cookie placed on your browser. 

When visiting the Site, you may receive a pop-up banner informing you of our use of cookies.

You may also be asked to agree to allow us to use particular analytics cookies while you browse the Site. If you receive our cookie consent banner, you may click “Cookie Consent Tool” to see which cookies we have on our Site and choose whether to accept or opt-out of certain cookies while on the Site. Should you choose not to give your consent for us to use some or all of the analytics cookies on our Site, these cookies will not be placed on your browser while you browse the Site. 

You may configure your browser to set preferences regarding cookies such that you can have your computer warn you each time a cookie is sent. Note that you may decline placement of cookies if your internet browser permits, though this may impact your experience of using the Site, and certain portions of the Site may be inaccessible to you if you choose to do so. You may at any time delete any cookies from your hard drive. Aggregated data gathered from cookies is used by the Company to help maintain and improve the information provided on this Site for users. The Company may also employ other technical methods to track and analyze the traffic patterns on the Site, such as the frequency with which users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We take seriously the protection of your personal information and have contracts in place with these authorized third parties to protect your personal information. We may also use these technical methods in HTML e-mails that we send Site users to determine whether such users have opened those e-mails and/or clicked on links in those e-mails. The Company may collect the information from use of these technical methods in a form that is personally identifiable.

During some Site visits, the Company may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), and methods used to browse away from the page. The Company may use this information to measure Site activity, to develop ideas for improving the Site and for any other purpose to the extent permitted by applicable law.

Managing Cookies – It is always your choice to decide what cookies are stored on your device and whether you choose to delete them. By accepting cookies that are stored on your computer when you visit our Site, we infer that you have accepted the use of cookies as explained in this Privacy Policy. Please note that while you are free to decline cookies, certain features of this site may be difficult or impossible to use and offerings will not be personalized.

You can manage cookies using various means:

  1. Browser Setting.  Your browser likely supports a variety of settings to control the cookies that are set on your computer or device and to delete cookies. These settings are typically found under the “Tools”, “Settings”, or “Options” menus. You can also check the “Help” menu of your browser to learn how to change the cookie preferences through your browser settings. Note that you will need to manage the settings for each browser and device you use. Further information from several popular browsers can be found at the following sites:
  • Apple Safari
  • Google Chrome
  • Microsoft Internet Explorer
  • Microsoft Edge
  • Mozilla Firefox
  1. Online Tools. Some third parties allow you to manage cookies through online tools such as: Network Advertising Initiative, Digital Advertising Alliance, Your Online Choices, Adobe Flash, and the Interactive Advertising Bureau (IAB) Europe.
  • In order to opt out of Adobe and Google Analytics Cookies across our websites, visit:
  1. Adobe Analytics
  2. Google Analytics
  • You can opt out of cookies to tailor content or advertising to you by visiting the above links. Note that if you choose to opt out, you won’t necessarily see fewer ads. However, the ads you see may be less relevant to your interests.
  1. Browser Extensions. Some third parties have created software that can be added to your web browser to manage their or third-party cookies such as: Google Analytics and Ghostery by Evidon, Inc.  Our reference to any third party or their software or services is not an endorsement by us of such third party or their products and services and we disclaim any liability for the use or operation of any third-party software or services.

Do Not Track

We do not track visitors of the Site over time and across third party websites to provide targeted advertising and therefore the Site does not respond to Do Not Track (“DNT”) signals. 

Links to Third-Party Websites

The Site may contain links to third party websites which, in some cases, may be integrated into, and appear to be part of, the Site. New Energy Capital encourages you to read the privacy policies of other websites you link to from this Site and disclaims any responsibility for the privacy policies and procedures of any third party websites that you reach via a hyperlink contained on this Site. Such hyperlinks are provided for your convenience only, and you access them at your own risk.  We recommend that you review the Terms and Conditions for this Site for a full disclosure of our disclaimers and limitations on liability.

Updates to this Privacy Policy

New Energy Capital reserves the right in its sole discretion to modify or amend this Privacy Policy in any way at any time. Any such changes are effective upon posting and we will indicate in the Privacy Policy when it was most recently updated. You should review this Privacy Policy periodically for changes applicable to you. Additionally, note that by accessing this Site subsequent to any modification, you are deemed to have agreed to all terms of this Privacy Policy as modified or amended.

Contact Us

Please direct any questions regarding New Energy Capital’s Privacy Policy
to info@NewEnergyCapital.com

New Energy Capital Partners, LLC

53 South Main Street, Third Floor

Hanover, NH 03755

Phone: 603.643.8885

Fax: 603.653.7524

info@newenergycapital.com

This Privacy Policy was last updated September, 2019