01. Introduction
Solem USA, Inc., a corporation registered in the State of Delaware, under file number 61-2208418 with its headquarters located in c/o M&T CPA, 1350 Avenue of the Americas, Floor 2, New York, NY 10019 (“Solem”, “we”, “us”, or “our”), is committed to protecting your privacy.
This Privacy Policy applies to residents of the United States. It is designed to comply with applicable U.S. federal laws and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and other relevant state legislation.
Regardless of our state of incorporation, we adhere to these standards to protect the personal information of all our U.S. customers.
02. Information we collect
We collect personal information that you provide directly to us, information collected automatically, and information from third parties.
A. Information You Provide:
- Identification Data: Name, job title, username.
- Contact Data: Mailing address, email address, telephone number.
- Commercial Data: Records of products purchased, payment information (credit card numbers, billing history), and service contracts.
- User Content: Data related to your installed equipment, configuration settings, alerts, and communications with our support team.
- Professional Access Data: If you authorize a third-party professional (e.g., a landscape maintenance contractor) to access your account, we collect information regarding that authorization and the data shared.
B. Information Collected Automatically:
- Usage Data: Information about how you access our platforms, including device type, IP address, browser type, login times, and interaction with features (e.g., alert reception, equipment supervision).
- Location Data: Geolocation data necessary for the functionality of connected equipment (e.g., Wi-Fi based localization of installed products).
- Cookies and Tracking Technologies: We use strictly necessary cookies to maintain user sessions after authentication on mysolem.com. On our marketing site (solem-irrigation.com), we may use analytics cookies with your consent. You can refuse non-essential cookies via your browser settings.
03. How we use your information (Business purposes)
We use your personal information for the following business purposes:
- To fulfill our contractual obligations (processing orders, creating accounts, managing connected equipment, providing technical support).
- To send service-related notifications (e.g., equipment alerts, security updates, maintenance reminders).
- To facilitate data sharing with third-party professionals you authorize (e.g., allowing a contractor to monitor your installation).
- To send marketing communications (newsletters, product offers) where permitted by law (typically based on consent or existing business relationship).
- To maintain the security and integrity of our services and prevent fraud.
- To comply with legal obligations and defend our rights in case of disputes.
We do not use your personal information for purposes incompatible with those disclosed in this policy without your consent.
04. Sharing and disclosure of your information
Solem USA Inc. does not “sell” your personal information as defined by California law. We do not “share” your personal information for cross-context behavioral advertising.
We may disclose your personal information only in the following circumstances:
- Service Providers: We share data with trusted vendors who perform services on our behalf (e.g., payment processing, cloud hosting located in the USA, customer support, data analytics) under strict contractual obligations.
- Authorized Professionals: With your explicit request, we share data with third-party professionals (e.g., maintenance contractors) to allow them to monitor your installation or propose services. These professionals may have full access (including modification rights) or read-only access depending on the permissions you grant.
- Corporate Affiliate (Parent Company): To administer and manage the MySolem platform and application, and to provide associated technical support, your personal data is accessed by and transferred to our parent company, SOLEM S.A.S., located at 5, rue Georges Besse, 34830 CLAPIERS, France. This transfer is strictly limited to personnel with a specific need to know (e.g., IT and support team). It is governed by internal data protection agreements and standard contractual clauses to ensure your data receives a level of protection consistent with U.S. privacy standards and applicable international transfer mechanisms.
- Legal Requirements: We may disclose information if required by law, subpoena, or to protect the rights, property, and safety of Solem and our users.
- Business Transfers: In the event of a merger, acquisition, or sale of assets, user information may be transferred as part of the transaction.
05. Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required by law.
- Contractual Data: Retained for the duration of the use of our products and services. Logs are archived for 52 weeks after data deletion.
- Marketing Data: Retained for up to three (3) years after your last interaction with us, or until you unsubscribe.
- Legal Disputes: Retained for the duration of the statute of limitations for legal actions (generally up to 5 years) or for accounting purposes (up to 10 years where applicable).
06. Your Privacy Rights (U.S. Residents)
Depending on your state of residence, you may have the following rights:
- Right to Know/Access: Request details about the categories of personal information we collect, use, and disclose, and the specific pieces of information held.
- Right to Correction: Request correction of inaccurate personal information.
- Right to Deletion: Request deletion of your personal information, subject to certain legal exceptions (e.g., completing a transaction, legal compliance).
- Right to Portability: Request a copy of your data in a portable and readily usable format.
- Right to Opt-Out: Opt-out of the “sale” or “sharing” of personal information. (Note: Solem does not sell or share data in this manner).
- Right to Limit Use of Sensitive Data: Limit the use of sensitive personal information (e.g., precise geolocation) to purposes necessary to provide our services.
- Right to Non-Discrimination: We will not discriminate against you (e.g., by denying service or charging different prices) for exercising your privacy rights.
To exercise these rights, please contact our Data Protection Officer at dpo@solem.fr. We will verify your identity before processing your request. You may designate an authorized agent to act on your behalf.
07. International Data Transfers
The location where your personal data is hosted depends on the geographic zone you declare when setting up your products on the MySolem application or platform.
- If you declare “Americas” (or “USA”) as your usage location: Your personal data is primarily hosted and processed within the United States by our cloud hosting provider, which is **ISO 27001 certified** (international standard for information security management). This ensures that your data benefits from state-of-the-art security controls at the infrastructure level.
- If you declare a location outside the Americas: Your data may be hosted in other regions (e.g., Europe) in accordance with our global infrastructure setup.
Regardless of the hosting location, to provide global technical support, administer the MySolem platform, and ensure consistent service quality, your personal information may be accessed by or transferred to our parent company, SOLEM S.A.S., located in the European Union (France), as detailed in Section 4 (“Sharing and Disclosure”).
When such transfers occur, we implement strict safeguards to protect your data. These include binding internal agreements that ensure your data receives a level of protection consistent with U.S. privacy standards, along with strict access controls limiting data access to authorized personnel only (e.g., IT and technical support teams and the Data Protection Officer).
By using our services, you acknowledge and consent to this potential transfer of information to the European Union for the specific purposes outlined in this policy.
08. Children's Privacy
Our services are not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. In certain jurisdictions (e.g., California), the age threshold for certain data processing consents may be 16. If we become aware that we have collected personal information from a child under these ages without verification of parental consent, we will take steps to delete that information.
09. Security Measures
Solem USA Inc. implements reasonable administrative, technical, and physical security measures designed to protect the confidentiality and integrity of your personal information. These measures include:
- Secure server environments and encrypted data transmission.
- Access controls and employee training.
- Regular security assessments and backup integrity checks.
- Protocols to prevent data loss, misuse, unauthorized access, and alteration.
While we strive to protect your information, no method of transmission over the Internet or electronic storage is 100% secure.
10. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. The updated policy will be posted on our website with a revised “Effective Date.” We encourage you to review this policy periodically.
11. Contact Us
If you have questions or concerns about this Privacy Policy or our data practices, please contact our Data Protection Officer: dpo@solem.fr.
If you believe your rights have been violated, you may file a complaint with the Federal Trade Commission (FTC) or your state Attorney General.
12. Your Privacy Rights Regarding Data Sales
Under the California Consumer Privacy Act (CCPA) and other applicable state laws, California residents have the right to opt-out of the “sale” or “sharing” of their personal information to third parties.
Solem USA, Inc. does not sell your personal information. We do not share your personal information with third parties for the purpose of cross-context behavioral advertising.
Because we do not sell or share your data in this manner, no further action is required on your part to opt-out. Your personal information remains confidential and is only used for the purposes described in our Privacy Policy such as providing technical support, managing your inquiries, and ensuring the security of our services.
If you have any questions about our data practices, please contact us at dpo@solem.fr.
