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Terms of Use and Privacy Policy

Effective Date: 3/1/2020
Last Revised on: 2/15/2020
These Terms of Use (“Terms of Use”) and Privacy Policy (“Privacy Policy”) are designed to help you (“you”, “visitor” or “user”) understand generally how Kalaeloa Partners L.P. and its affiliates, Public Service Enterprise Group (PSEG) and Harbert Power Corporation (collectively “Kalaeloa Partners”, or “our”), collect, use and disclose certain information about you in connection with the website (the “Site”) on which these Terms of Use and this Privacy Policy are posted (the “KPLP URL”).

By using or accessing the Site, you expressly consent to our collection, use and disclosure of information in accordance with these Terms of Use and this Privacy Policy.

 

Indemnification
You agree to defend, indemnify and hold harmless Kalaeloa Partners and their respective employees, agents, officers, directors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, any use of the Site’s content, other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.

Information We Collect
Personal Information. “Personal Information” means information that personally identifies you, such as your name, phone number, mailing address or email address.

Except as disclosed in this Privacy Policy, we do not collect any identifiable information about visitors to the Site.

Submitted Information. www.kalaeloapartners.com may collect Personal Information about you when you submit such information to Kalaeloa Partners through the Site (“Submitted Information”). For example, Kalaeloa Partners may collect Personal Information such as your email address to send out periodic updates regarding Kalaeloa Partners .  Kalaeloa Partners may, in the future, include other requests for Personal Information from you to help Kalaeloa Partners tailor the Site for you and deliver personalized information to you. You may request changes to or the removal of your Submitted Information by contacting the Kalaeloa Partners communications manager at KPLP.Communications@gmail.com. If Kalaeloa Partners agrees to remove such Submitted Information, you acknowledge and agree that Kalaeloa Partners may continue to retain such Submitted Information in its archives and backup locations, until such archives or backups are destroyed or overwritten. You agree not to submit Personal Information about others without our prior written consent.

Browsing Information.
When you use the Site, Kalaeloa Partners’ servers (which may be hosted by a third-party service provider) collect information automatically about your activities while using the Site (“Browsing Information”). Browsing Information may include the web pages you view, the times you view them, the search terms you use, your location, information about the browser you are using as well as your IP address. An IP address is a number that identifies your computer’s location on the Internet and may be automatically assigned to your computer when you use the Internet. Kalaeloa Partners may also use “cookies” or other tracking mechanisms in connection with the collection of Browsing Information. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Kalaeloa Partners may, in the future, collect other Browsing Information from you to help us tailor the Site for you and deliver personalized information to you. Browsing Information is collected on an aggregate, anonymous basis, which means that no Personal Information is associated with the data. We do not share Browsing Information with other organizations for their independent use.

Use of Information
Kalaeloa Partners may use your Submitted Information and Browsing Information to send you emails that you have requested and for general administrative, technical, marketing, human resource, legal and other purposes related to our operations.

Kalaeloa Partners uses a third-party vendor to help us manage some of our email communications with you. While we do supply this vendor with email addresses of those we wish them to contact, your email address is never used for any purpose other than to communicate with you on our behalf. When you click on a link in an email, you may temporarily be redirected through one of the vendor’s servers (although this process will be invisible to you) which will register that you’ve clicked on that link, and have visited our Site. Kalaeloa Partners never shares any information, other than your email address, with our third-party email vendor, who does not share these email addresses with anyone else for their independent use.

Even if you have given us permission to send emails to you, you may revoke that permission at any time by following the “unsubscribe” information at the bottom of the email.

Disclosure of Personal Information
Except as otherwise noted below, we do not disclose Personal Information to non-affiliated third parties. We may disclose Personal Information to non-affiliated third parties: (i) to fulfill specific requests that you have submitted; (ii) to provide, maintain, enhance, or add to the functionality of the Site; (iii) when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on Kalaeloa Partners; or (iv) to establish or exercise Kalaeloa Partners’ legal rights or defend against legal claims, and to protect personal or public safety, or the property or interests of Kalaeloa Partners, its agents and employees, or affiliated companies. Under certain circumstances, Kalaeloa Partners may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Kalaeloa Partners reserves the right to not provide such notice in its sole discretion.

Kalaeloa Partners cannot ensure that your Personal Information will not be disclosed to non-affiliated third parties due to reasons beyond its reasonable control.

We may disclose Personal Information to affiliates and we may disclose Browsing Information and/or aggregated information that does not include individual Personal Information to third parties.

Kalaeloa Partners will transfer Personal Information and Browsing Information if Kalaeloa Partners is acquired by or merged with a third party. In this event, Kalaeloa Partners will provide notice on the Site prior to such transfer of Personal Information and Browsing Information.

Updates to Privacy Policy

We may update these Terms and Conditions and this Privacy Policy from time to time as the Site changes. If we make material changes to these Terms and Conditions and this Privacy Policy, we will post a notice of these changes on the Site. Unless otherwise provided, the revised terms will take effect as of the Effective Date printed at the beginning these Terms and Conditions and this Privacy Policy. We encourage you to periodically reread these Terms and Conditions and this Privacy Policy to see if there have been any changes that may affect you. Once such changes become effective, your continued use of the Site will signify your acceptance of the new Terms and Conditions and the Privacy Policy. If you do not agree to the terms of these Terms and Conditions and/or this Privacy Policy, or any revised Terms and Conditions and/or Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.

Third Party Information, Services and Tools

The Site contains information, services and tools provided by third parties, whether through embedded modules, links or other technologies. Use of such information, services and tools may be governed by the privacy policies of such third parties and not Kalaeloa Partners. Please refer to such third parties for their privacy policy to determine how they collect, use and disclose your information.

Do Not Track

Currently, various browsers offer a “do not track” or “DNT” option that sends a signal to websites visited by the user about the user’s browser DNT preference setting. Kalaeloa Partners does not currently commit to supporting the DNT browser setting, in part because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators.

Questions
If you have questions about these Terms and Conditions and/or this Privacy Policy, please contact the Kalaeloa Partners communications manager at KPLP.Communications@gmail.com.

On Wednesday, December 8 at 6:00 p.m., Kalaeloa Partners LP will hold a virtual community meeting to highlight KPLP's facility, operations and benefits to Oahu's electrical grid, as well as the upcoming renewal of its power purchasing agreement (PPA) with Hawaiian Electric Company. Register For The Meeting
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Public Community Meeting:

WEDNESDAY, DECEMBER 8 at 6:00 p.m.

Kalaeloa Partners LP will hold a virtual community meeting to highlight KPLP's facility, operations and benefits to Oahu's electrical grid, as well as the upcoming renewal of its power purchasing agreement (PPA) with Hawaiian Electric Company. The meeting will inform members of surrounding communities, the public and stakeholders about KPLP’s power generation facility in the Campbell Industrial Park, and its operations and benefits from providing electricity to Oahu’s consumers, as well as the proposed renewal of its amended and restated power purchase agreement (ARPPA) with Hawaiian Electric Company (HECO). This meeting is a continuing series of community briefings to inform the surrounding communities and the public and provide an opportunity for questions and input from the community, including neighboring business.