What does this Privacy Notice cover?
This Privacy Notice provides information regarding the personal information which is processed by Pulse Power, LLC (“Pulse Power”), with the parent company MP2 Energy LLC (“MP2”) and ultimately our group company Shell plc (“Shell” or “Shell Group”) in relation to (i) individuals who work for, or on behalf of, or who are shareholders of our business customers (‘Business Customers’), (ii) suppliers or vendors (‘Suppliers’), (iii) business partners, including within non Shell-operated joint ventures, as well as investors and shareholders (‘Business Partners’).
Bespoke notices and supplementary privacy statements may contain further information about how Shell is processing your personal information. In those instances, such privacy notices will be communicated to you separately. These privacy notices may vary among the countries in which we operate to reflect local practices and applicable law requirements.
This Privacy Notice explains what personal information is processed about you, why we are processing your personal information and for which purposes, how long we hold your personal information for, how to access and update your personal information, as well as the options you have regarding your personal information and where to go for further information.
Pulse Power does not knowingly sell or share your personal information for cross-context behavioral advertising and/or for targeted advertising purposes.
Special Notice: Processing children’s personal information (if you are under 13 years old): Except in those cases where Pulse Power organizes educational events specifically designed for children, we do not intentionally collect personal information of individuals under 13 years old. If you are under 13 years old (or a different age to reflect local legal requirement as communicated on the Pulse Power website in your location), please do not send us your personal information, for example, your name, address and email address. If you wish to contact Pulse Power in a way which requires you to submit your personal information (such as for education or innovation events), please get your parent or guardian to do so on your behalf.
What categories of personal information do we process about you?
We process personal information from and in relation to individuals who are, or who work for or on behalf of or who are shareholders in our Business Customers, Suppliers, Business Partners in the following categories:
- Private contact information (such as name, postal or e-mail address, and phone number) only if necessary; or
- Business contact and other information (such as job title, department, name of organization and your dealings with Pulse Power on behalf of yourself or the relevant Business Customer, Supplier, Business Partner).
In addition, in order to comply with legal and regulatory obligations, to protect Shell’s assets and employees/contractors and specifically to ensure that Pulse Power can comply with trade control, anti-money laundering and/or bribery and corruption laws and other regulatory requirements, we carry out screening (pre-contract and on a periodic basis post-contract) on owners, shareholders and directors of our Business Customers, Suppliers and Business Partners. This screening takes place against publicly available or government issued sanctions lists and media sources.
The screening does not involve profiling or automated decision making in relation to the counter-parties or potential counter-parties.
Who is responsible for any personal information collected?
Pulse Power, whose registered address is 909 Fannin, Suite 3500, Houston, TX 77010 will be responsible for processing your personal data, either solely or jointly with its affiliates within the Shell Group of companies.
For what purposes do we process your personal information?
We process personal information covered by this Privacy Notice for the following purposes:
- Business execution - including providing, researching, developing and improving products or services; concluding and executing agreements with Business Customers, Suppliers and Business Partners; recording and settling services, products and materials to and from a Shell company; managing relationships and marketing such as maintaining and promoting contact with existing and prospective customers, account management, customer service, and development, execution and analysis of market surveys and marketing strategies;
- Organization and management of the business - including financial management, asset management, mergers, demergers, acquisitions and divestitures, implementation of controls, management reporting, analysis, internal audits and investigations;
- Health, safety and security - including protection of an individual’s life or health, occupational health and safety, protection of Shell companies and staff, authentication of individual status and access rights; or
- Legal and/or regulatory compliance - including compliance with legal or regulatory requirements.
or for a secondary purpose where it is closely related, such as:
- storing, deleting or anonymizing personal information;
- fraud prevention, audits, investigations, dispute resolution or insurance purposes, litigation and defence of claims; or
- statistical, historical or scientific research.
Communication and marketing
You may receive offers on behalf of the relevant Business Customer, Supplier or Business Partner. On all occasions you will be given the opportunity to use the unsubscribe functionality through the different digital channels we use to interact with you.
Why do we process your personal information?
The personal information covered by this Privacy Notice is only processed:
- in order to take steps at the request of an individual prior to entering into a contract;
- where it is necessary to comply with a legal or regulatory obligation to which the relevant Shell company/companies is subject to;
- where it is necessary for the purposes of the legitimate interests pursued by the relevant Shell company/companies, except where such interests are overridden by the interests or fundamental rights and freedoms of the individual/s; or
- (only if legally required) with the explicit consent of the individual.
In those cases where processing is based on consent, and subject to applicable local law which provides otherwise, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent.
Security of your personal information
We have implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use. In particular, we may use encryption for some of our services, we apply authentication and verification process for access to Pulse Power services and we regularly test, assess and evaluate the effectiveness of our security measures.
Who will we share or disclose your personal information with?
The personal information covered by this Privacy Notice is exclusively processed for the purposes referred to above and will only be shared or disclosed on a strict need to know basis with the following categories of recipients:
- Other companies within the Shell group of companies;
- Authorized third party agents, service providers, external auditors and/or subcontractors of Pulse Power;
- A competent public authority, government, regulatory or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which the relevant Shell company/companies is subject to or as permitted by applicable local law; or
- As necessary or appropriate to enforce our terms and conditions, and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
Interacting with Shell through social media
If you choose to interact with Pulse Power through social media on a Pulse Power administered social media pages (‘Pulse Power Social Media Page’) such as Facebook, Instagram, Twitter or LinkedIn, your personal information (such as your name, your profile picture and the fact that you are interested in Shell) will be visible to all visitors of your personal webpage depending on your privacy settings on the relevant social media platform, and will also be visible to Shell. You can delete any information that you share on these sites at any time through your relevant social media platform’s account. Pulse Power does not track your activity across the different social media sites that you use. If you send a message to Pulse Power via any messenger service on a social media platform, these messages are held for no longer than one month after receipt. Please contact Pulse Power if you wish to make a request that you are unable to action yourself and which relates to a Pulse Power Social Media Page - see the section below ‘Your rights in relation to your personal information.
Additionally and to the extent Pulse Power is jointly responsible with a social media platform of a Pulse Power Social Media Page, Pulse Power will have access through the social media platform to aggregated data providing statistics and insights that help to understand the types of actions you take on Pulse Power Social Media Pages. For more information on how your personal information is processed on those social media platforms, including any targeted advertising that you may receive, please refer to your privacy settings accessible through your relevant social media platform’s account.
Transfers of your personal information to other countries
Where your personal information has been transferred to companies within the Shell group and/or to authorized third parties located outside of your country, we take organizational, contractual and legal measures to ensure that your personal information is exclusively processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard your personal information. These measures include contractual obligations preventing service providers from selling your personal information and Binding Corporate Rules for transfers among the Shell group. You can find a copy of Shell Binding Corporate Rules at www.shell.us/privacy.html.
What are the consequences of not providing your personal information?
Personal information gathered by Pulse Power for these processes either directly or indirectly are required in order to:
- Fulfil legal requirements and/or which is required for entering into a contract with a counter-party and continuing to contract with that counter-party; or
- Maintain contact with Business Customers, Suppliers and Business Partners.
Failure to provide us with the information required will negatively affect our ability to communicate with you, or our ability to enter into a contract with a counter-party or continue to contract with a counter-party.
How long do we hold your personal information for?
With some exceptions which are explained in supplementary privacy statements, any personal information that is required for the purposes of conclusion and execution of agreements with Business Customers, Suppliers and Business Partners or for considering bids or tenders, will be held during the duration of the contractual relationship and up to 15 years after. For agreements which have a term of more than five years and for the purposes set out above, these agreements will be held for 35 years with effect from the commencement of the agreement.
In all other cases for the purposes set out above, including personal information gathered as part of any unsuccessful bids to Pulse Power or which relates to the screening against publicly available or government issued sanctions lists and media sources, such personal information is held for no longer than 15 years after it was first gathered.
In all cases, information may be held for (a) a longer period of time where there is a legal or regulatory reason to do so (in which case it will be deleted once no longer required for the legal or regulatory purpose) or (b) a shorter period where the individual objects to the processing of their personal information and there is no longer a legitimate business purpose to retain it.
Your rights in relation to your personal information
We aim to keep our information as accurate as possible. Any US resident, regardless of state of residency, can request the following information:
- access to your personal information, including access to specific piece of personal information where local law applies;
- correction or deletion of the personal information (but only where they are no longer required for a legitimate business purpose);
- restriction and objection to the processing of your personal information under certain circumstances and where local law applies;
- to limit the collection, disclosure or use of your personal information, including sensitive personal information, if collected for unrelated purposes where local law applies;
- opt-out from the collection and use and/or to limit the disclosure or use of your personal information, including sensitive personal information if collected and where local law applies;
- opt-out from the sale or sharing of your personal information, including for cross-context behavioral advertising or for targeted advertising, if sold or shared and where local law applies;
- to no longer receive marketing communications on behalf of the relevant Business Customer, Supplier or Business Partner; and/or
- to receive personal information that you have provided to Shell, in a structured, digital form to be transmitted to another party, if this is technically feasible.
How to exercise your rights
To exercise any of your rights listed above, please email us at contact privacy-office-SI@shell.com.
Who can you contact if you have a query, concern or complaint about your personal information?
If you have any issues, queries or complaints regarding the processing of your personal information, please contact Privacy-Office-SI@shell.com.
You may also contact the Shell Group Chief Privacy Officer at Shell International B.V. The Hague, The Netherlands - Trade Register, No. 27155369 Correspondence: PO Box 162, 2501 AN, The Hague.
Without prejudice to any rights you may have in line with local law you have the right to lodge a complaint with the Dutch Data Protection Authority whose address is Prins Clauslaan 60, 2595 AJ The Hague, Netherlands. Please visit https://autoriteitpersoonsgegevens.nl/en for more information.
Cookies and similar technologies
Changes to this Privacy Notice
We reserve the right to update this Privacy Notice periodically and without notice, for example, when a new category of personal information is collected and used and upon changes/enactment of data protection and privacy laws. You are advised to regularly review this Privacy Notice for possible changes. For significant or material changes to this Privacy Notice, we will prominently post such changes on this page and update the revision date to provide awareness. This Privacy Notice was last updated in November 2023.