UPDATED: April 19, 2024

AZTEC Engineering Group Inc. (“AZTEC,” “We,” “Us,” and “Our”) is committed to sustaining Your (“You” and “Your”) trust in Us. This Privacy Policy describes Our policies and procedures regarding how We collect, use, and disclose (“process”) Your information when You visit this website and any of Our websites that link to this privacy policy or engage with Us in related ways, including sales or marketing.

If You do not agree with Our policies and practices, please do not visit Our website or purchase any services We offer.

Information We Collect
We may collect personal information about and from You if You contact Us to inquire about Our services. We will also collect information that is necessary for Us to provide You the services that You request, to help serve Your needs, to make customized offerings of Our services for You, and to fulfill legal and regulatory requirements. This includes the geographic location of the property for which You are asking Us to do a solar power plant layout simulation. We will check that information against the topographical information You provide to verify that the location is not in a country in which We are prohibited from providing Our services. We do not request or require “sensitive” or “special category” information.

Both the amount and type of information We collect will be limited to what is necessary for the reasons above. The purpose for collecting this data is to provide You the services You requested from Us. We collect and hold Your information for as long as reasonably necessary to provide those services or to fulfill legal and regulatory requirements.

By purchasing one of Our services, You give Us consent to contact You regarding that purchase as part of Our commitment to customer service. All personal information that You provide to Us must be true, complete, and accurate, and You must notify Us of any changes to such personal information. Additionally, You are responsible for protecting the confidentiality of Your login information.

If You opt-in, you may receive marketing emails from Us, You voluntarily consent to receive such messages. We also track email usage information to improve Our emails, deliverability, and enhance the content sent to You. You may contact Us regarding this use at any time using the contact information below.

We shall keep Your information on Our mailing list until You withdraw Your consent. You may opt out of receiving these messages at any time by using the opt-out links in every email or contacting Us.

AZTEC is owned by Tecnica y Proyectos, S.A. (“TYPSA Group”). Other companies owned by TYPSA Group perform tasks necessary to run simulations for solar power plants through PVGRAd. We do not share this information with any third parties outside TYPSA Group, except as stated below.

You must be at least 18 years old to make a purchase from Us. We do not knowingly solicit information from or market Our services to people who are under the age of 18. If We learn that You are under age 18, We will deactivate Your account and take reasonable measures to delete Your information from Our records. If You become aware that We’ve collected information from children under age 18, please contact Us.

Payment Information
We process customer payments using Square. The processing of Your payment information is governed by their privacy policy. We never have access to Your credit card or other payment information.

Legal Bases for Processing Your Information for EU and UK-based Users
We process Your personal information only when it is necessary and We have valid legal reason to do so, including with Your consent, to comply with the law, to provide You with services You purchased, to protect Your rights, and to fulfill a legitimate business interest.

The General Data Protection Regulation (“GDPR”) and UK GDPR require Us to explain the valid legal bases We rely on in order to process Your personal information:

Consent: We will process Your information when You have given Us permission to do so for a specific purpose. You can withdraw this consent at any time.

We are a U.S.-based company. If We transmit a person’s personal information from overseas, We will only do so with Your consent to the transmission or otherwise in accordance with the applicable privacy laws. Purchasing services that requires You to voluntarily provide Us with Your personal information is an expression of Your consent to send Your information from the European Union (“EU”) or the UK as part of the transaction process.

Performance of a Contract: When You purchase Our services, You enter into a contract with Us for the purchase, which requires You to provide Your personal information.

Legal Obligation: We may process Your information when We believe it is necessary to comply with Our legal obligations, including to cooperate with law enforcement or a regulatory agency, to defend Our legal rights, or when disclosure is required as evidence in litigation.

Vital Interests: We may process Your information when We believe it is necessary to protect Your vital interests or the vital interests of a third party, such as situations involving a potential threat to someone’s safety.

Pursuant to the GDPR, We are subject to the investigatory and enforcement power of the Federal Trade Commission (“FTC”) in the United States, which oversees acts or practices in or affecting commerce by any person, partnership, or corporation.

Moreover, in compliance with the GDPR, in the context of an onward transfer of Your information, We shall remain liable under the GDPR if Our agent processes Your information in a manner inconsistent with the law, unless We prove that We are not responsible for the event giving rise to the damage. For clarification, pursuant to the GDPR, AZTEC does not have any entities or subsidiaries within the company.

If You reside in the European Economic Area or UK and You believe We are unlawfully processing Your personal information, You have the right to complain to Your Member State data protection authority or the UK data protection authority. If You are located in Switzerland, You may contact the Federal Data Protection and Information Commissioner.

We comply with the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU to the United States.

We are committed to resolve complaints about Our collection or use of Your personal information. EU individuals with inquiries or complaints regarding Our privacy policy should first contact Us at: support@PVGRAd.com. You may, under certain conditions, invoke binding arbitration for complaints regarding GDPR compliance not resolved by any of the other mechanisms.

Legal Bases for Processing Your Information for Users in Canada
We may process Your information when You have given Us Your express consent to do so for a specific purpose or You consent is implied. You can withdraw this consent at any time. However, there are some exceptions where We are legally allowed to process Your information without Your consent, including:
• When collecting is in the individual’s interests and consent cannot be timely obtained.
• For investigations and to detect and prevent fraud.
• For certain business transactions.
• When the collection is necessary to assess, process, or settle an insurance claim.
• To identify an injured, ill, or deceased person and/or to communicate with their next of kin.
• If We have a reasonable belief that an individual has been, is, or may be the victim of financial abuse.
• If the collection is reasonably related to investigating the breach of an agreement or contravention of Canadian law.
• To comply with a subpoena, warrant, court order, or rules of a court regarding records production.
• If the information was provided by an individual in the course of their employment, business, or profession, and the collection is consistent with the purposes for which the information was provided.
• If the collection is solely for a journalistic, artistic, or literary purpose.
• If the information is publicly available and is specified by the regulations.

Cookies
We may use cookies on Our site. These cookies track how Our site is used which will help inform Us which areas are useful to users and what areas need improvement. You can turn off these cookies through Your browser settings. Look for the cookie acceptance bar on Your first visit. If You turn off cookies, You may still access this site.

Unless You opt-out of cookies, when You visit the site, Our web analytics system may automatically collect additional information from You. This information does not reveal Your specific identity (like Your name or contact information) but may include device and usage information, such as Your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when You use Our services, and other technical information. This information is primarily needed to maintain the security and operation of Our services as well as for Our internal analytics and reporting purposes. Our site may also collect anonymous aggregate “traffic data” (contains no personally identifiable information about individual users) that may help Us improve Our site and services.

Sharing Information with Others
We may share Your information with third parties, such as consultants or service providers, who assist Us with the company’s operations. We require those third-party service providers to enter into confidentiality agreements with Us, prohibiting them from using the information for any other purpose other than those they were paid to provide.

Additionally, We may share Your information with a third party if We have a good-faith belief that sharing the information is necessary to comply with a law, regulation, or enforceable government request including court orders; to investigate potential violations or technical issues on Our site; or to protect against harm to Us, Our users, or Our affiliates’ rights, property, safety, or to the public as permitted by law. We must disclose Your personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
For all other uses, We will seek Your consent to use Your personal information in a way that is not directly related to the reason that We collected it and We do not have relevant current permission from You unless so permitted by law. You may opt out of having Your information shared with a third party or used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by You by contacting Us using the information below.

Additionally, if We ever sell the business or any of the business’ assets to a third party, We may share or transfer Your information in connection with or during negotiations of any merger, sale, financing, or acquisition of all or a portion of Our business to another company.

Your Rights Regarding Your Information
At any time, You may request that We:
• Update Your personal information,
• Correct Your personal information,
• Delete Your personal information,
• Give You access to or a copy of Your personal information,
• Refrain from processing Your personal information, or
• Terminate Your account at any time.

We will consider and comply with such requests as permitted by contract or the applicable data protection laws. Furthermore, We will not discriminate against You if You exercise Your privacy rights.

Users’ Rights for Certain Residents of the United States
If You are a resident of California, Colorado, Connecticut, Utah, or Virginia, You may have additional privacy rights under Your state’s laws.

Please note, We have not sold or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months, except as stated herein.

California Residents
California has two privacy laws: California Consumer Protection Act (“CCPA”) and California Privacy Rights Act (“CPRA”). Under these laws, once a year, at no charge, You may obtain information about what categories of personal information We have disclosed to third parties for direct marketing purposes and the names and addresses of those third parties. Additionally, depending on the circumstances, You have a right to know:
• Whether We collect and use Your personal information;
• The categories of personal information that We collect;
• The purposes for which the collected personal information is used;
• Whether We sell or share personal information to third parties;
• The categories of personal information that We sold, shared, or disclosed for a business purpose;
• The categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;
• The business or commercial purpose for collecting, selling, or sharing personal information; and
• The specific pieces of personal information We collected about You.

We will verify Your identity prior complying with Your request. Whenever possible, We won’t request additional information than what We already collect, and if additional information is needed, it will be deleted once We identify Your identity. You also have the right to designate an authorized agent to make a request under the CCPA on Your behalf; however, We may deny a request from Your authorized agent if they do not submit proof that they have been authorized to act on Your behalf.

In accordance with the CCPA, if You opt-out from future selling or sharing of Your personal information to third parties, We will act on that request within fifteen (15) days from the date Your request was submitted.

Colorado Residents
Under the Colorado Privacy Act (“CPA”), in addition to the rights listed above, You have the right to be informed about whether We are processing Your personal information and the right to opt out of the processing of Your personal information if it’s used for targeted advertising, the sale of personal information, or profiling people.

Please note that these rights are not absolute, and We may decline your request as permitted by law. If We decline Your request, You can contact Us to appeal Our decision. Within forty-five (45) days of receiving Your appeal, We will provide a written response to Your appeal, including any actions taken or not, and provide an explanation for Our decision.

Connecticut Residents
Under the Connecticut Data Privacy Act (“CTDPA”), in addition to the rights listed above, You have the right to be informed about whether We are processing Your personal information and the right to opt out of the processing of Your personal information if it’s used for targeted advertising, the sale of personal information, or profiling people.

The rights given under the CTDPA are not absolute, and in certain cases, We may decline Your request as permitted by law. If We decline Your request, You can contact Us to appeal Our decision. Within sixty (60) days of receiving Your appeal, We will provide a written response to Your appeal, including any actions taken or not, and provide an explanation for Our decision.

Utah Residents
Under the Utah Consumer Privacy Act (“UCPA”), in addition to the rights listed above, You have the right to be informed about whether We are processing Your personal information and the right to opt out of the processing of Your personal information if it is used for targeted advertising or the sale of personal information.

The rights given under the UCPA are not absolute, and in certain cases, We may decline Your request as permitted by law.

Virginia Residents
Under the Virginia Consumer Data Protection Act (“VCDPA”), a You (acting on behalf of Yourself as an individual or for Your household, not in a commercial or employment context), in addition to the rights listed above, have the right to be informed about whether We are processing Your personal information and the right to opt out of the processing of Your personal information if it’s used for targeted advertising, the sale of personal information for monetary consideration, or profiling people.

If You use an authorized agent to exercise Your rights, We may deny a request if Your agent does not submit proof that they have been validly authorized to act on Your behalf, and We may need to collect additional information to verify Your identity before processing Your request.

We will respond to Your request within forty-five (45) days of receipt. This response period may be extended by an additional forty-five (45) days if reasonably necessary. If this extension is needed, We will inform You within the initial forty-five (45) day response period along with the reason for the extension.

If We decline Your request, You can contact Us to appeal Our decision. Within sixty (60) days of receiving Your appeal, We will provide a written response to Your appeal, including any actions taken or not, and provide an explanation for Our decision. If Your appeal is denied, You may contact the Attorney General of Virginia to submit a complaint.

Users’ Rights for Residents of Australia and New Zealand
We collect and process Your personal information under the obligations and conditions set by Australia’s Privacy Act 1988 and New Zealand’s Privacy Act 2020 (collectively, “Privacy Acts”).

This privacy notice satisfies the notice requirements defined in both Privacy Acts, in particular: what personal information We collect from You, the source for Your personal information, for which purposes it is used, and other recipients of Your personal information.

If you do not wish to provide the personal information necessary to fulfill their applicable purpose, it may affect Our ability to offer You the services that You want, to respond to Your requests, to manage Your account with Us, to confirm Your identity, and protect Your account.

If You believe We are unlawfully processing Your personal information, You may submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner and a breach of New Zealand’s Privacy Principles to the Office of New Zealand Privacy Commissioner.

Users’ Rights for Residents of South Africa
If You are unsatisfied with how We address any complaint with regard to Our processing of Your personal information, You may contact the Office of the Regulator in South Africa and submit the POPIA/PAIA form 5 to POPIAComplaints@inforegulator.org.za and PAIAComplaints@inforegulator.org.za. General inquiries may be submitted to enquiries@inforegulator.org.za.

Safeguarding Your Information
We use appropriate and reasonable technical and organizational security measures designed to protect Your information, including protection from unauthorized use or disclosure. We have implemented physical, electronic, and procedural safeguards to maintain confidentiality and integrity of the personal information in Our possession and to guard against unauthorized access. We continue to assess new technology as it becomes available and to upgrade Our physical and electronic security systems as appropriate. In accordance with GDPR and CCPA, We perform a self-assessment of Our privacy practices and procedures at least annually.

Despite these efforts, We cannot guarantee that unauthorized third parties will not be able to defeat Our security measures. As such, We recommend that You access Our services in a secure environment.

Our policy is to permit employees and independent contractors to access Your personal information only if they have a business purpose for using such information, such as administering, providing, or developing Our services. Employees and independent contractors are provided with Your personal information on a need-to-know basis only and are bound by contract to keep all personal information confidential and protect such information in accordance with this Privacy Policy.

We delete personal information that is no longer necessary for Us to have as a business entity or to provide You with Our services.

Modifications to Our Privacy Policy
We reserve the right to amend this Privacy Policy from time to time, with or without advanced notice. Most changes will occur based on changes in the applicable laws, Our offerings, and/or Our privacy practices. We will post the latest version on Our site in a timely manner with notice on Our homepage and via email. Such revisions shall be effective immediately upon posting. We recommend that You review this Privacy Policy periodically so that You are aware of any changes. Your continued use of Our site and services indicates Your acceptance of this Privacy Policy and of the collection, use, disclosure, and management, and retention of Your personal information as described herein.

Contact Us
Please contact Us with inquiries or complaints or to submit requests regarding Your personal information held by Us at:

Privacy Officer
AZTEC Engineering Group, Inc.; Attn: Privacy Officer
501 North 44th Street, Suite 300, Phoenix, Arizona 85008