Overview

Welcome to the Evergreen Solar, Inc. (“Evergreen” or “we”) web site (the “Evergreen Site”). Evergreen values the privacy of our customers, partners, and others who visit and use the Evergreen Site (collectively or individually, “You” or “Users”).

This Privacy Notice describes what information we gather from You, how we use that information, and what we do to protect it. By using the Evergreen Site, You expressly accept the information handling practices described in this notice.

Your use of the Evergreen Site and any personally identifiable information You provide on the Evergreen Site are subject to the terms of this Privacy Notice. Evergreen encourages you to read this Privacy Notice carefully.

What Information Does Evergreen Collect?

  • Information that You Provide: You may provide to Evergreen what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number, credit card number and billing information) when using the Evergreen Site.
  • Information Automatically Collected by Technology: When You visit the Evergreen Site, we may automatically record certain information from your web browser by using different types of technology. This “automatically collected” information may include Internet Protocol address, web browser type, the web pages or sites that You visit just before or just after the Evergreen Site, the pages You view on the Evergreen Site, and the dates and times that You visit the Evergreen Site.

How Does Evergreen Use the Information We Collect?

  • Evergreen is interested in improving your experience on the Evergreen Site. As such, Evergreen uses the information You provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Evergreen Site.
  • In addition, Evergreen uses all of the information that we collect to understand and analyze the usage trends and preferences of our Users, to improve the way the Evergreen Site works and looks, and to create new features and functionality.

When Will Evergreen Share this Information?

  • Evergreen does not sell products directly to end users, but we appreciate your interest in our products. If You would like to receive additional information about Evergreen products, You may choose provide your contact information to Evergreen through the Evergreen Site for such purpose, which contact information may include your email address and other personally identifiable information. Evergreen will share such information with third parties to enable them to send You promotional and informational messages about Evergreen products and other related products and services.
  • Evergreen relies on its authorized service providers to provide hosting and maintenance for the Evergreen Site, as well as other services for Evergreen. Evergreen requires these service providers to safeguard personally identifiable information You provide to Evergreen. To the extent it is necessary for these service providers to complete their contractual obligations to Evergreen, these third parties may have access to or process your personally identifiable information. Evergreen generally limits their use of your personally identifiable information to the purpose for which it was shared.
  • Evergreen may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.
  • Evergreen also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Evergreen from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Evergreen Site; or to protect the rights, property, or personal safety of Evergreen, our Users, or others.

Your Choices About Sharing Information:

You may, of course, decline to share your personally identifiable information with Evergreen, in which case neither Evergreen or its third party representative will be able to provide to You additional information about Evergreen products.

Evergreen’s Commitment to Children’s Privacy:

Protecting the privacy of young children is especially important to Evergreen. For that reason, Evergreen does not knowingly collect or maintain personally identifiable information on Evergreen Site from persons under 13 years-of-age, and no part of Evergreen Site is directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE EVERGREEN SITE AT ANY TIME OR IN ANY MANNER. If Evergreen learns that personally-identifiable information of persons less than 13-years-of-age has been collected on Evergreen without verifiable parental consent, then Evergreen will take the appropriate steps to delete this information.

Evergreen’s Commitment to Data Security:

Evergreen uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information You transmit to Evergreen, and You do so at your own risk. Once we receive your transmission of information, Evergreen makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Evergreen learns of a security systems breach, then we may attempt to notify You electronically so that You can take appropriate protective steps. Evergreen may post a notice on the Evergreen Site if a security breach occurs. Depending on where You live, You may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach You should notify us at privacy@evergreensolar.com.

Special Note to International Users of the Evergreen Site:

The Evergreen Site is hosted in the United States, which does not have the same data protection laws as the European Union. If You are visiting the Evergreen Site from the European Union or other regions with laws governing data collection and use that differ from United States law, please note that You are transferring any information that you provide on the Evergreen Site to the United States, and by providing your personally identifiable information you consent to:

  • The use of your personally identifiable information for the uses identified above in accordance with this Privacy Policy; and
  • The transfer of your personally identifiable information to the United States as indicated above.

In the Event of Merger or Sale:

In the event that Evergreen is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

Changes and Updates to this Privacy Notice:

This Privacy Notice may be revised periodically without further notice to You and this will be reflected by a “last modified” date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the Evergreen Site constitutes your agreement to this Privacy Notice and any future revisions.

In the event we revise this Privacy Notice to make it materially less restrictive on our use or disclosure of personally identifiable information You have provided to us, we will make reasonable efforts to notify You and obtain your consent before implementing such revisions with respect to such information.

Effective Date, Date Last Modified:

This Privacy Notice is effective as of March 31, 2007.

This Privacy Notice was last modified on March 31, 2007.

Evergreen Contact Information:

We would be glad to hear from you. Please contact Evergreen Solar with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices at: 138 Bartlett Street, Marlboro, MA 01752-3016 USA and email: privacy@evergreensolar.com. We will respond to your inquiry within 30 days of its receipt.