Privacy
DGEI PRIVACY NOTICE
DG Energy & Infrastructure LLC (“DGEI,” “we,” “us,” or “our”) provides this Privacy Notice to explain how information submitted in connection with a prospective lease or related transaction, and information collected through DGEI’s website, may be collected, used, disclosed, retained, and protected.
1. Information We Collect
DGEI may collect information that you provide through DGEI’s website intake form or otherwise in connection with DGEI’s evaluation of a prospective transaction, including:
- Name, business name, title, address, email address, telephone number, and other contact information;
- Information concerning a business, its ownership, operations, locations, and principals;
- Information relevant to creditworthiness, financial condition, lease qualification, and transaction structuring;
- Information concerning a proposed property, project, lease, or related transaction; and/or
- Other information voluntarily provided to DGEI.
DGEI may also collect information about you from other sources, subject to applicable law, including the business you represent, brokers and leasing agents, referral sources, lenders, financing sources, capital partners, credit reporting agencies and commercial credit information providers, public records, and publicly available sources.
Website and Automatically Collected Information. When you visit DGEI’s website or use its online intake tools, DGEI and its service providers may temporarily process limited technical information necessary to operate and secure the website and services. This may include a hashed form of an IP address used for security, abuse prevention, and rate-limiting purposes.
Cookies and Similar Technologies. We do not currently use non-essential cookies or similar tracking technologies. We may use analytics, advertising, or similar technologies in the future. Where required, DGEI will obtain consent before activating those technologies and will provide information about their use and available choices through an appropriate consent or settings mechanism.
Do not submit confidential documents or sensitive personal information through DGEI’s website intake form, including tax returns, bank statements, detailed financial statements, customer contracts, trade secrets, Social Security numbers, personal bank-account or payment-card information, government-issued identification numbers, passwords or access credentials, personal credit reports, or other sensitive personal, confidential, or proprietary information.
If DGEI requires such materials, DGEI will provide instructions for a separate document exchange subject to an applicable non-disclosure agreement.
2. Purposes for Which Information May Be Used
DGEI may use information collected in connection with a prospective transaction to:
- Identify and communicate with prospective customers, lessees, guarantors, and other transaction participants;
- Evaluate eligibility, qualifications, financial condition, and creditworthiness;
- Evaluate, negotiate, structure, price, finance, document, and administer a potential lease or related transaction;
- Conduct appropriate diligence and verification;
- Communicate with brokers and leasing agents, prospective capital partners, lenders, financing sources, professional advisors, and service providers concerning a proposed transaction;
- Evaluate or carry out an actual or proposed merger, acquisition, reorganization, financing, or sale or transfer of all or part of DGEI’s business, assets, or a project;
- Comply with applicable legal, regulatory, accounting, recordkeeping, and compliance requirements;
- Establish, exercise, or defend DGEI’s legal rights; and/or
- Maintain appropriate business and transaction records.
Submission of information does not obligate DGEI to approve an applicant, extend credit, offer particular terms, or enter into any lease or other transaction.
2A. Lawful Bases for Processing
Where the UK GDPR, EU GDPR, Swiss Federal Act on Data Protection, or other applicable data-protection law requires a lawful basis for processing, DGEI processes personal information only when it has a lawful basis to do so. Depending on the circumstances, DGEI may rely on one or more of the following bases:
- where you are a party to a contract with DGEI in your individual capacity (for example, as a guarantor), steps taken at your request before entering into that contract, and performance of that contract;
- DGEI’s legitimate interests in identifying and pursuing prospective transactions; evaluating qualifications, creditworthiness, and proposed transaction structures; conducting diligence; communicating with transaction participants and financing sources; protecting DGEI’s systems and business; and establishing, exercising, or defending legal rights, provided those interests are not overridden by applicable individual rights;
- compliance with legal obligations applicable to DGEI; and/or
- your consent, where consent is required by applicable law, including for certain optional marketing communications and, if introduced, non-essential cookies or similar technologies.
Where DGEI relies on consent, you may withdraw that consent at any time without affecting the lawfulness of processing before withdrawal.
Where the law of your jurisdiction does not recognize one or more of the bases listed above, or requires consent (including separate or express consent) for the processing of personal information, its disclosure to third parties, its transfer outside your jurisdiction, or its use to evaluate creditworthiness, DGEI will obtain consent in the form required by that law before engaging in the applicable processing.
3. Disclosure of Information
DGEI may disclose information when reasonably appropriate for the purposes described above to:
- DGEI’s affiliates;
- Employees, agents, and other personnel with a legitimate business need for the information;
- Attorneys, accountants, consultants, and other professional advisors;
- Brokers and leasing agents, including members of DGEI’s leasing team and third-party brokers or leasing agents engaged by or working with DGEI or a prospective lessee, in connection with identifying, marketing, negotiating, or administering a proposed lease or related transaction;
- Service providers assisting DGEI with diligence, technology, data processing, transaction administration, or related services, and credit reporting agencies and commercial credit information providers to the extent necessary to obtain credit information about a prospective lessee, guarantor, or other transaction participant;
- Actual or prospective lenders, financing sources, capital partners, investors, or other parties evaluating participation in or financing of a proposed transaction;
- Actual or prospective acquirers, successors, or assignees, and their advisors, in connection with an actual or proposed merger, acquisition, reorganization, financing, or sale or transfer of all or part of DGEI’s business, assets, or a project, subject to appropriate confidentiality protections;
- Other persons with your consent or at your direction; and/or
- Governmental authorities or other persons when disclosure is required or permitted by applicable law.
Where DGEI provides nonpublic information to a prospective lender, capital partner, or other transaction participant, DGEI will use appropriate contractual, confidentiality, or other safeguards as appropriate to the nature of the information and transaction.
DGEI does not disclose information submitted to DGEI in connection with a prospective transaction to third parties for their unrelated marketing purposes.
4. Credit Information
Information submitted through DGEI’s website intake form may be used to evaluate the creditworthiness and financial qualifications of a prospective lessee, guarantor, or other transaction participant. DGEI’s website intake form is not intended to collect Social Security numbers, personal credit reports, personal bank-account information, or other sensitive personal financial information, and such information should not be submitted through that form.
If DGEI determines that a consumer report, personal credit report, personal financial information, or other information requiring separate notice, consent, or authorization under applicable law is necessary, DGEI will request such information separately and obtain any authorization or other documentation required by applicable law before obtaining or using that information.
5. Retention and Deletion
DGEI will retain information for as long as reasonably necessary for the purposes described in this Notice, including evaluation of the proposed transaction and DGEI’s legitimate business, legal, compliance, accounting, recordkeeping, and dispute-resolution needs.
If an application or proposed transaction is declined, withdrawn, or otherwise does not proceed, DGEI will retain the information only for the period reasonably necessary for those purposes and thereafter delete or securely dispose of the information in accordance with DGEI’s applicable document-retention practices, subject to any continuing legal, regulatory, contractual, litigation-hold, backup, or recordkeeping requirements.
DGEI determines how long to retain personal information based on the following criteria: the purpose for which the information was collected; whether a proposed transaction is under evaluation, has been completed, or has been declined, withdrawn, or otherwise has not proceeded; DGEI’s legal, regulatory, accounting, and recordkeeping obligations; the period during which claims or disputes relating to the information or transaction may arise; and any litigation hold or other legal requirement to preserve information. Where required by applicable law, DGEI will provide further information concerning the applicable retention period and will delete personal information when the purpose for which it was collected has been fulfilled or the applicable consent has been withdrawn, unless continued retention is required or permitted by applicable law.
6. Information Security
DGEI uses reasonable administrative, technical, and organizational measures designed to protect information against unauthorized access, use, alteration, or disclosure. No method of electronic transmission or storage can be guaranteed to be completely secure.
7. U.S. State Privacy Rights
Residents of certain U.S. states may have rights concerning their personal information under applicable state privacy laws, which may include rights to request access to, correction of, deletion of, or a copy of certain personal information, subject to applicable exceptions and limitations. DGEI will honor verified requests to the extent required by applicable law. Requests may be submitted to privacy@dgei.ai. DGEI may take reasonable steps to verify the identity and authority of the person making the request. DGEI will not discriminate against an individual for exercising a privacy right provided by applicable law.
DGEI does not sell personal information and does not share personal information for cross-context behavioral advertising or targeted advertising, as those terms are defined under applicable state privacy laws. If DGEI declines to take action on a privacy request, you may appeal that decision by contacting privacy@dgei.ai with the subject line “Privacy Request Appeal.” DGEI will respond to an appeal within the time period required by applicable law. If DGEI denies your appeal, you may contact the attorney general of your state of residence.
California Residents. If you are a California resident, and to the extent the California Consumer Privacy Act, as amended (the “CCPA”), applies to DGEI, you may have the rights described in this Section 7 with respect to personal information DGEI collects about you, including information collected about you in your capacity as an owner, principal, employee, or representative of a business. The categories of personal information DGEI collects, the sources from which it is collected, the business purposes for which it is used, and the categories of recipients to which it is disclosed are described in Sections 1 through 3 of this Notice, and DGEI retains such information as described in Section 5. DGEI does not use or disclose sensitive personal information for purposes that would give rise to a right to limit its use or disclosure under California law.
8. International Individuals
DGEI is established in the United States. If you are located outside the United States and provide personal information to DGEI, your personal information may be processed in the United States and other jurisdictions as described in this Notice. This Section 8 applies in addition to the other provisions of this Notice. Where the data-protection law of your jurisdiction applies to DGEI and provides additional protections or rights, DGEI will comply with that law to the extent applicable.
8.1 International Transfers
Personal information collected from individuals outside the United States may be transferred to, stored, accessed, or processed in the United States and other jurisdictions in which DGEI or the recipients described in Section 3 operate. Those jurisdictions may not provide the same level of data protection as your home jurisdiction. Where required by applicable law, DGEI will use an approved transfer mechanism or other appropriate safeguard, which may include standard contractual clauses approved or mandated under the law of the applicable jurisdiction (including the European Union, Switzerland, or Brazil), the United Kingdom International Data Transfer Agreement or Addendum, a transfer impact assessment or privacy impact assessment, any filing with or approval of a governmental authority required by applicable law, your consent where consent is required or permitted as the basis for the transfer, or another legally recognized mechanism.
You may contact DGEI at privacy@dgei.ai to request additional information concerning an applicable transfer safeguard and, where available and legally required, a copy of the relevant safeguard.
8.2 Data-Protection Rights
Subject to applicable law and applicable exceptions, an individual in the United Kingdom, European Economic Area, Switzerland, or another jurisdiction whose data-protection law provides such rights may have the right to request access to, correction of, deletion of, restriction of processing of, or portability of personal information; to request information about the third parties or categories of third parties to which personal information has been disclosed; to object to processing based on legitimate interests or for direct marketing; to withdraw consent where processing is based on consent; and, where provided by applicable law, to nominate another person to exercise these rights in the event of death or incapacity.
Requests, questions, and grievances may be submitted to privacy@dgei.ai. DGEI may take reasonable steps to verify the identity and authority of the person making the request and will respond within the time period required by applicable law. Individuals also may have the right to lodge a complaint with the data-protection supervisory authority or other competent regulator in the country where they reside or work, or where an alleged infringement occurred.
8.3 Required Information and Automated Decision-Making
If DGEI requests information that is necessary to evaluate or enter into a prospective transaction, failure to provide that information may prevent DGEI from evaluating or proceeding with the transaction. DGEI does not make decisions producing legal or similarly significant effects based solely on automated processing unless DGEI provides any notice and safeguards required by applicable law.
8.4 Jurisdiction-Specific Supplements
Additional information required by the law of certain jurisdictions, if any, is set out in a supplement to this Notice applicable to that jurisdiction. If a jurisdiction-specific supplement conflicts with this Notice, the supplement controls with respect to individuals located in that jurisdiction. Where required by applicable law, DGEI will make this Notice or the applicable supplement available in the local language of that jurisdiction.
9. Optional Communications
Consent to receive DGEI marketing, news, or other promotional communications is voluntary and is not a condition of submitting information, being evaluated for a transaction, or entering into a transaction with DGEI.
If DGEI sends electronic marketing communications to individuals outside the United States, DGEI will do so only where permitted by applicable law, including applicable anti-spam and electronic-communications laws. Where consent is required, DGEI will obtain consent before sending such communications and will maintain records of that consent as required by applicable law. Each electronic marketing communication DGEI sends will identify DGEI, include DGEI’s contact information, and include a functioning unsubscribe mechanism. Recipients may withdraw consent or object to direct marketing at any time through the unsubscribe method provided in the communication or by contacting privacy@dgei.ai.
10. Contact Information / Data Controller
For purposes of this Notice and applicable data-protection law, the controller responsible for the personal information described in this Notice is:
DG Energy & Infrastructure LLC1000 Johnson Ferry Rd., Suite B-250,Marietta, Georgia 30068U.S.A.privacy@dgei.aiQuestions or requests relating to information submitted to DGEI may be directed to the contact information above.
11. Changes to This Notice
DGEI may update this Notice from time to time, including in connection with changes to DGEI’s practices, technologies, geographic markets, representatives or other contact persons, or jurisdiction-specific requirements. DGEI will post the updated Notice with a revised Effective Date and, where required by applicable law, will provide additional notice of material changes or obtain any required consent.